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What Does That Mean For Drought?

What Does That Mean For Safety of Drinking Water?

Fact Checking Passaic Valley Water Commission Statements

Jim O’Neill has another drought story running today, and he got it wrong again – this time by omission and commission, see:

• Moderate drought is wilting the region

We have urged O’Neill to write about the relationships between pollution, water quality, and drought which are obvious and critical concerns in the Passaic basin (it’s a old story – here’s a good news story and here’s a bad news story and here is a local perspective and here is the cover story:

Nitrate in drinking water at levels above 10 ppm is a health risk for infants of less than six months of age. High nitrate levels in drinking water can cause blue baby syndrome. Nitrate levels may rise quickly for short periods of time because of rain fall or agricultural activity.

Note again how the drinking water suppliers’ water quality reports downplay the problem and even ignore the sewage treatment plants as a pollutant source for nitrate:

PVWC withdraws water from the Passaic River in Totowa, New Jersey and treats it at the Little Falls WTP. In the event of water quality issues in the Passaic River, PVWC can also withdraw water from either the Pompton River or the Point View Reservoir (which is filled from the Ramapo River). A water quality monitoring station is operated by the U.S. Geological Survey on the Passaic River shortly upstream of the Little Falls WTP intake and just downstream of the Passaic River’s confluence with the Pompton River. This monitoring station provides continuous data for important water quality parameters, and helps provide advanced warning of adverse changes in water quality. PVWC also conducts a surface water monitoring program at various stream and river locations throughout the Passaic River watershed.

Typical source (nitrate) : Runoff from fertilizer use; Leaching from septic tanks, sewage; Erosion of natural deposits

When there is little rainfall, the flows of the River are correspondingly low. When rainfall and river flows are low, as a result of scores of sewage treatment plants, pollution levels in the Passaic River are high.

At some point, pollution levels become so high that water from the river can not be pumped to refill the Wanaque Reservoir and may not be taken directly from the river by intakes for water supply.

When a prolonged rainfall deficit occurs or a drought is recognized, towns along the Passaic tend to conserve water. That in turn reduces wastewater flows from the sewage treatment plants and further reduces the flows of the Passaic River and increases pollution concentrations.

Today, O’Neill quotes Joe Bella, Director of the Passaic Valley Water Commission as follows:

Bella said the Passaic Valley Water Commission, which serves Paterson, Passaic, Clifton and other towns, has no current plans to restrict water use. It gets the bulk of its supply by pumping water out of the Passaic River and treating it at its facility in Little Falls. While the Passaic River’s flow is down considerably, it is still at 150 percent of what the state allows the commission to remove from the river, Bella said.

After his last drought/Passaic River story ran, I sent him a link to a NJ Geological and Water Survey Report on minimum passing flows, see:

• History of Passing Flows in New Jersey, with Contemporary and Future Applications

O’Neill obviously failed to read that report or he failed to apply it to current conditions.

According to NJ Geological Survey, the minimum passing flows set for the Passaic Valley Water Commission are as follows (see Appendix B)

The Passaic Valley Water Commission now has a passing flow of 27.2 cfs (17.6 mgd) in the Passaic River at Little Falls for withdrawals at Two Bridges (pf099 in Appendix B).

So, if the Passaic River was flowing at 150% of that minimum passing flow as Mr. Bella claimed, it would be 48 cfs.

Keep in mind that over 100 years of flow data on the River show that the median daily flow for this time of year is about 200 CFS, almost 8 TIMES the minimum passing flow. (see above chart)

According to the most recent US Geological Survey Passaic River flow data, the current flow (9/9/15) is as follows:

Little Falls (USGS Gauge # 01389500) – 37 cubic feet per second (see above chart)

Basic math tells us that Mr. Bella exaggerated the flow statistic – (and the flow has increased over the last few days, it was even lower on September 6, 7 and 8).

But the flow statistics are just one part of the problem – the other part is water quality.

When the river is flowing this low, it is made up of virtually 90 – 100% wastewater flows from upstream sewage treatment plants.

Therefore, the concentrations of pollutants is high – most critically the 500 or more chemicals known to be present but not regulated and perhaps the most critical regulated parameter, which is nitrate.

The drinking water standard for nitrate is 10 milligrams per liter. (10 ug/L)

Nitrate is not removed by drinking water treatment facilities, so we need to know what the nitrate level in the River is.

If it is approaching 10 ug/L, the DEP may shut down the water supply intake.

That would create a hugh problem for drought managers.

What would Mr. Bella do? Would he begin to conserve water?

Also, Mr. Bella failed to note that pumping of river water to the Wanaque reservoir is restricted by DEP due to poor water quality – so again water quality and drought are related.

How hard would it be for O’Neil to ask Bella and DEP what the nitrate levels in the River are?

My guess is that it is more than 5 ug/L – approaching a critical level.

When will we get answers to that question?

Since I blasted press coverage in a post earlier today, I feel obligated to praise a superb story by Jeff Green of the Bergen Record, see:

• Ringwood State Park’s nature and relaxation a growing attraction

Jeff’s story is a beautiful illustration of all the wonders of State Parks and why they provide such huge public benefits to people and their families:

“This is a nice place,” said Yoon, who grilled up burgers, chicken and hot dogs for his family. “Fresh water, trees, playground. We’re all from the city and we don’t have this.”

But still, despite the wonderful narrative of the story, it fails to connect the dots to the public policy that is responsible for providing those benefits and hold those accountable responsible for their actions. Those issues are only vaguely hinted at:

“I just think it’s a state treasure,” Chris Holle said of Ringwood State Park. “It’s a shame the state doesn’t pump more money into it.”

There are two critical issues of recent controversy that the story fails to include:

1. Gov. Christie’s privatization and commercialization policy will ruin State Parks;

This issue was raised during the recent controversy over Liberty State Park. For details, see this:

• Gov. Christie’s Parks Privatization Policy Behind Liberty State Park Scheme

Parks don’t need to be privatized and commercialized to raise revenues – because Parks provide essential public benefits, they should be funded by the Legislature during the budget process. The Open Space revenues also should be restored fully by the Legislature.

2. NJ Conservation group members of the Keep It Green Coalition backed the open space bond referendum that stole all of State Park’s maintenance money and they refused to support restoration of that money or allocation of more money to NJ’s urban areas. For details see this:

• NJ Open Space Voters Did Not Support Slashing Funds for State Parks and Clean Water Programs

• A Strategy to Begin To Heal The Wounds Created By The Open Space Diversion Disaster

The fight to restore State Parks funding and increase urban allocations is far from over, see:

• Open Space Funding Update: Huge Win on State Parks Funding, Much More to Do on Urban Equity and Restoring DEP Cuts

If you support the notion that parks are for people and that there must be a fairer distribution of open space funds, contact the Governor and your legislators and let them know.

There is no reason that NJ legislators who represent urban districts who have the least open space and bear disproportionate burdens, risks, and impacts should support the current allocation of open space funds and park cuts. Cities need MORE parks funding – people should not have to travel many miles to visit a state park, and many lack access to transportation and public transit does not go there, see:

• The Political Geography of the Open Space Bond Questions Is Baffling

Also reach out to the leaders and board members and their philanthropic Foundation funders and demand answers from NJ conservation groups, who have done so much harm already and are active barriers to reforms.

Posturing Fails to Press Legislative Democrats To Veto Reckless Christie Rollbacks

Two quick examples of media schlock and failure by the environmental advocates to properly frame the issue and put pressure on their Democratic friends in the legislature:

I) Star Ledger Editorial on Flood Hazard Rule Rollbacks Ignores Legislative Veto

The Star Ledger editorialized yesterday, harshly critical of the Christie DEP’s rollbacks of Flood Hazard and storm water rules, see:

• Christie’s attack on clean water 

The editorial got it exactly right in its focus on the C1 buffers and its conclusions, which they put in the first sentence:

The Christie administration is trying to let development encroach on our rivers and streams, with a new set of rules that would further pollute them.

This is its latest and most significant attack on clean water in all of New Jersey — part of a pattern that began in the first year of Christie’s governorship, when he appointed people who opposed the Highlands Act to implement the Highlands Act.

I was also very pleased to see the link to the Highlands, as the DEP’s Highlands rules that were extended by Gov. Christie expire on December 31, 2015, so we all need to start pressuring DEP now to prevent another serious loss.

But the Ledger made a fatal omission – and the omission was not inadvertent but instead reflects a pattern of failures by the press and the environmental groups to put pressure on their Democratic friends in the Legislature.

As I’ve noted, the Legislature can veto the DEP regulations using their Constitutional power to veto any regulation they find “inconsistent with legislative intent”.

This veto does not require a Super-majority vote in the legislature or the Gov.’s signature – a simple majority vote of both houses, controlled by the Democrats, would kill this rule, see:

• Legislators Urged To Block Christie DEP Flood Hazard Rule Rollbacks

I think it is impossible that the Star Ledger editorial board does not know this –

I know that the environmental groups are aware of the veto power, but they have failed to focus on it to protect their Democratic friends in the Legislature.

It’s a lot easier – and much more fun – to simply blast Gov. Christie than to break a sweat and force the Democrats to take a stand in opposition to their development community friends.

It’s posturing that generates  great media – but is totally ineffective in changing policy.

[Note: I smell a cover story already concocted by the usual suspects. The cover story is that the Flood Hazard Area rules have not been adopted yet, thus it is premature to ask for a veto. That is bullshit, my friends.

First of all, the CAFRA and CZM rules were adopted (see below). There was no campaign by ENGO’s to call for a legislative veto on them.

Second of all,of course, the legislature doesn’t have to wait until a rule is adopted to conduct oversight – that’s why the Administrative Procedures Act requires that the Legislature is provide notice upon rule PROPOSAL. – push back against the spin you get.]

II)  NJ Spotlight Whitewashes Coastal Development

I’ve criticized Scott Gurian of NJ Spotlight before, but his story today wins the prize for perhaps the worst weak kneed “he said she said” equivocation ever, see:

• PATCHWORK OF LAWS KEEP COASTAL DEVELOPMENT IN CHECK

I really hope this is not some set up for the 3rd anniversary of Sandy and the Christie performance.

Of course, the headline is one big lie: coastal development is rampant; the Christie Barnegat Bay Plan ignores required restrictions on development to prevent the ecological collapse of the Bay; and – going even one step beyond neglect – the Christie DEP post Sandy regulatory rollbacks IGNORE climate change actively PROMOTE more growth in unsafe and environmentally sensitive locations.

Here is my note to Gurian:

How is it possible to turn this story into a “he said/she said”?

The problem is not regulations per se – the problem is that the regulations are WEAK and that Christie DEP is using regulations to PROMOTE development in unsafe and environmentally sensitive locations.

The problem is that there is NO regional PLANNING – the Christie administration opposed a recent bill to create a Coastal Commission and has abandoned the State Plan and DEP’s own coastal planning powers. (and there is a very old out of date Coastal Plan DEP adopted long ago).

Read what Jon Miller WROTE in comments on the Christie DEP Flood Hazard regs (I left out the stuff about failure to comply with FEMA requirements), see:

• Christie DEP Adopts Climate Denying Coastal Rule

And Legislators can VETO the Christie Flood Hazard and Coastal zone management regulatory rollbacks using their Constitutional power to veto any regulation that are “inconsistent with legislative intent”, see:

• Gov. Christie’s Climate Denying Coastal Management Rule Must Be Blocked by the Legislature

Get a clue man. This is schlock.

[Update – OMG, I just read Reitmeyer’s story on Red Tape and must include Part III:

III) Red Tape – 

John Reitmeyer of NJ Spotlight wrote about Red Tape today:

• AS NAME SUGGESTS, RED TAPE REVIEW COMMISSION TRIES TO EASE DOING BUSINESS IN NJ

Where to start on this one?

The story begins with an example of red tape as regulation of church raffles.

That’s the welfare Cadillac lie of government regulation.

The story continues with “some critics say” bullshit line – instead of doing actual journalism to document exactly what the Red Tape Commission and Gov. Christie’s Exectuive Orders #2 and #3 have actually done at DEP in terms of regulations and permits.

The record is robust –

We’ve written about numerous examples, and we’ve only scratched the surface. We’ve focused mainly on regulations and science, and, aside from some high profile permits, have not really gotten into the weeds of all the DEP permits or the interventions by revolving door corporate hack Michele Sierkerka.

[Note: Reitmeyer mentions the DEP Office of Dispute Resolution. For 6 years, I’ve seen nothing written about that in the press or spoken about by NJ envio’s – but, I have written extensively about it and its relationship to Red Tape – see this post. So, I can’t help but feel ripped off – again!]

The story concludes with the typical sound bite environmentalism from Jeff Tittel of Sierra.

Tittel’s quote makes my point, which I posted in a comment to his recent Spotlight Op-Ed piece on the Exxon deal:

Solving real problems requires a lot more than a soundbite strategy.

Things like research, planning, strategy, policy and regulatory analysis, advocacy, organizing – and diverse viewpoints – all get neglected, even ignored.

There are far more important things than getting media coverage – and in some cases, the soundbite strategy backfires because it make media lazy and gives them an excuse to ignore the substance and fall back on the cheap soundbite. Ironically, Spotlight was founded to avoid those traps and yet they’ve fallen deeply into them 

And timing is critical – it makes no sense to wait until the decision is made before getting involved. Far too much of the media is after the fact.

Both the Exxon case and the recent action by Pinelands Executive Director Wittenberg are perfect examples of media criticism after the fact with no intervention prior to the fact.

I added this comment too:

It would be nice if environmental groups and Democratic legislators who have criticized the Exxon deal – and the media who have given that huge coverage – would focus on fixing all the loopholes and DEP program flaws the Judge Hogan’s opinion laid out in detail.

The fixes would include legislation, regulation, NRD program funding, and legislative oversight.

Why doesn’t the media take a look at these issues? I’ve been writing about them for years and issuing reports and press releases that get ignored.

Worse, the loudest legislative critics have sponsored and voted for laws that have severely harmed DEP’s ability to assess and collect NRD, see this:

The Posturing and Hypocrisy On The Exxon Deal Is Stunning

http://www.wolfenotes.com/2015/07/the-posturing-and-hypocrisy-on-exxon-deal-is-stunning/

NJ reporters should just give Tittel a byline and go home.

As it now stands, instead of doing any real work, they just buzz his cell for a story.

“An Address To The Public”

Seeing that I could find no statements or press releases or demands from my environmental colleagues expressing solidarity with labor, celebrating the achievements of the labor movement, and calling for a massive new jobs program to rebuild crumbling infrastructure and transition to renewable energy, I thought I’d post a little labor history.

I was able to visit the Homestead site with my friends from Pittsburgh, Loretta and Ken Weir, and Mel Packer of the Merton Center – wonderful people who are incredible labor, anti-fracking, and social justice advocates and activists.

You can read a summary of the Battle of Homestead – but here are the workers’ own words, which resonate so strongly today in our New Gilded Age of Oligarchs:

“An Address to the Public”

Issued by the Advisory Committee, the Knights of Labor, and the Amalgamated Association of Iron and Steelworkers – Homestead Pa., July 22-23, 1892

The most evident characteristic of our time and country is the phenomenon of industrial centralization, which is putting the control of our great national industries into the hands of one or a few men and giving these men an enormous and despotic power over the lives and the fortunes of their employees and subordinates – the great mass of the people; [it is] a power which eviscerates our national constitution and our common law … a power which, though expressed in terms of current speech as the right of employers to mange their business[es] to suit themselves, is coming to mean nothing less than to manage the country to suit themselves.

The employees in the mill of Messrs. Carnegie, Phipps & Co. at Homestead Pa., have built there a town with its homes, its schools, and its churches; have for many years been faithful co-workers with the company in the business of the mill; have invested thousands of dollars of their savings in said mill in the expectation of spending their lives in Homestead and working in the mill during the period of their efficiency …

Therefore the Committee desires to express to the public as its firm belief that both the public and the employees aforesaid have equitable rights and interests in the said mill which can not be modified or diverted without due process of law; that the employees have the right to continuous employment in the said mill during efficiency and good behavior without regard to religious, political, or economic opinions or associations; that it is against public policy and subversive of the fundamental principles of American liberty that a whole community of workers should be denied employment or suffer any other social detriment on account of membership in a church, a political party or a trade union; that it is our duty as American citizens to resist with every legal and ordinary means the unconstitutional, anarchic and revolutionary policy of the Carnegie Company, which seems to evince a contempt for public and private interests and a disdain for the public conscience …

Another Self Serving Farce, Brought To You By the Corporate Green Crowd 

Who Is Hamsphire Real Estate?

You won’t see any protesters or signs about any occupation of “public space” or strong assertion of  “rights” to the city in the upcoming corporate farce: “PARKing Day” in Morristown NJ on September 18:

MORRISTOWN – Grow It Green Morristown will be turning a parking space into a park for a day to draw attention to the need for open space and to raise money to make improvements to the Early Street Community Garden.

No, these folks mind their manners and ask for permission – and even pay the parking meter! (see The Manual that they actually call a “Manifesto”!)

5b. Talking to Authorities

Research and understand the laws governing your city’s parking spaces. Authority figures are usually concerned with safety, so be prepared to share your plans to keep people out of harm‘s way. We recommend appealing to law enforcement’s sense of civic pride rather than antagonizing them. Remember, you are not protesting—you’re using your public space to improve the quality of life for people! You may want to designate one member of you team to interface with the authorities. Be sure this designee does their research and is prepared to speak with confidence and respect.

This Morristown event is no real grassroots event that seeks to make change in land use laws or policies, transform private property to public space, or promote social justice.

It’s a fundraiser folks – another transfer of wealth to the wealthy.

[* Grow it Green is one of the few groups that is working on local food, which is a critical issue. So, it is with reluctance that I criticize. But they are being used by the corporate crowd. Someone said it much better than I: “Hate the sin, love the sinner“.]

Another co-optation of a progressive concept and another “green stunt” fraud on the public by the same corrupt self dealing elite green crowd:

Donations to the campaign have come from Craig Newmark, founder of craigslist, Sustainable Jersey, F.M. Kirby Foundation, Kings Food Markets, HSBC Bank, Conservation Resources, Gran Fondo NJ, The Hampshire Real Estate Companies and others.  ~~~ (Daily Record  9/6/15)

Those “donors” sound familiar, no?

Readers know all about Sustainable NJ, but perhaps folks are unaware of the links between Hampshire Real Estate and Chris Daggett of the Dodge Foundation (or that Daggett, using his power at Dodge, has silenced critics of Gov. Christie and defunded grassroots groups, including the only ones working on toxic site cleanups and “brown fields” issues. What a coincidence that that just so happens to benefit his corporate relationships.)

PPG — which did over $30 billion in business last year — says the designated redeveloper, a company that includes former Gov. Jim Florio and former DEP Commissioner Chris Daggett, has agreed to much of the work the city is asking for. ~~~ (NJTV 2/10/15)

So, what is the company that NJTV couldn’t name that Daggett and Florio are working with? Hampshire!

“Community members met last week to discuss the 900 Garfield Ave. property that has been the subject of recent media attention. The 13-acre property, which is owned by a partnership of former Gov. James Florio, former state environmental head Christopher Daggett and a third partner, the Hampshire Redevelopment Company, has been the subject of media scrutiny over how the property was acquired by the partnership and how much contamination is on the land.” ~~~ (Hudson reporter, 4/19/04)

My sense is that readers also don’t know that Hampshire Real Estate is involved in another scandal linked to Governor Christie’s Office today:

“Emails obtained by The Press of Atlantic City show Saatkamp frequently sought the advice and assistance of Jon Hanson, an adviser to Gov. Chris Christie, chairman of the Governor’s Advisory Commission on New Jersey Gaming, Sports and Entertainment (often called the Hanson Commission), and chairman of the Hampshire Companies in Morristown.”  ~~~ (Press of Atlantic City, 9/6/15)

And we thought that Mike Catania disbanded Conservation Resources – are they still a paper corporation designed to mask contributions, like dark money?

It is fraud’s like this that make me sick and explain why I no longer consider myself an “environmentalist” – the corporate conservation crowd has bought and co-opted all they ever stood for.

[End Note: and you want real historical irony?

At one point, Jim Florio told it like it is – see this 1988 story where he criticizes Daggett, his current partner.

It was about the RCRA program that I was deeply involved in at the time:

DEP’s Nominee’s Record Challenged

TRENTON — Gov. Kean’s nominee as the state’s next environmental chief came under criticism yesterday from U.S. Rep. James J. Florio (D., N.J.), who questioned his performance as a federal regulator. …

The criticism came as Florio released a report he had requested from the General Accounting Office that finds that New Jersey and the federal government are doing an inadequate job of cracking down on hazardous-waste handlers that violate the law. …

At a news conference in Trenton, Florio said the report “should be a source of inquiry” when the state Senate holds confirmation hearings on Kean’s nomination of Daggett to head the New Jersey Department of Environmental Protection (DEP).

Though Florio put much of the blame for lax enforcement on the state agency, he said Daggett should be held responsible for not stepping in when the state faltered.

Both Daggett and Florio are now working with those same “hazardous-waste handlers that violate the law.” – like PPG.