WolfeNotes.com

A charade

I was doing background research on a post I am writing on pipelines in the Highlands, and I came across a summary of a meeting between DEP and the Highlands Council regarding the Regional Master Plan and DEP “interaction and collaboration” (see this for the meeting summary).

The meeting was held at the DEP building and included the DEP Commissioner’s Office and upper Management, so it was a policy meeting, not some minor technical discussion. [Notably absent were representatives from the NJGS and DEP water supply planning and allocation programs.]

I was so taken aback by the meeting summary that I decided to hold off on the pipeline post and write this quick note.

This statement in particular caught my eye, given current controversies:

There is a lot of interaction with the Highlands Council staff regarding wastewater, but the topic merits further, offline discussion.

Offline discussion? WTF!

The meeting was held a little over a year ago, on October 22, 2014.

Since that meeting, DEP has released the following major and highly controversial initiatives that have significant impacts on the Highlands, all of which were far along under development at the time of the October 2014 meeting:

1) Flood Hazard Act rule overhaul rule proposal (June 1, 2015) – now pending legislative veto.

This rule would weaken protections for stream buffers in the Planning Area.

2) Joint research Report with USGS: Median Nitrate Concentrations In Groundwater In The New Jersey Highlands Region (August 2015)

This is the second DEP research project that could be used to undermine the Highlands septic density standard, which, at 88 acres in forested areas, is the strongest in the nation and the backbone of Highlands protections.

Previously, DEP Commissioner Martin tasked his hand picked Science Advisory Board with critiquing the DEP’s Nitrate Dilution Model. That move was related to a legal challenge filed by the NJ Farm Bureau to DEP’s septic density standard, a lawsuit that has yet to be resolved and we fear Martin will settle by gutting the current DEP nitrate dilution based septic density standards.

3) NJPDES Capacity Assurance Program overhaul rule proposal (October 19, 2015)

This rule would negatively impact Highlands rivers and streams and provide more capacity for new development in the region.

4) Water Quality Management Plan rule overall (October 19, 2015).

Major land use and water resource impacts on the Highlands. DEP has flat out lied about ann alleged “deference” to the Highlands Council, while the rule does the opposite by reserving final decisions to DEP and repealing the current policy that actually does defer to the Council.

Yet, not a single one of these major ongoing DEP science and regulatory initiatives that TARGET and have significant impacts on the Highlands was even mentioned during the October 2014 meeting.

How could that be?

Is that “interaction and collaboration”?

The only explanation is – at best – a “don’t ask – don’t tell” head in the sand attitude by the Highlands Council or a bad faith and active intent to by DEP to deceive the Highlands Council.

In addition, the controversial Fenimore Landfill fiasco had not been fully resolved at the time of the October 2014 meeting.

Yet despite the major problems that resulted from the Highlands Council’s deference to DEP on the reopening of that landfill – which created the problem – the Highlands Council representative took the following position with respect to remediation and redevelopment of landfills and contaminated and “brownfields” sites:

“Ms. Mercer then asked participants about the coordination between NJDEP and the Highlands Council regarding redevelopment and brownfields in the Highlands Region. … Highlands Council staff remarked that the Highlands Act puts the onus on NJDEP to ensure consistency with the RMP.”

Why would the Highlands Council continue to defer to DEP on landfill closure and toxic site remediation issues after the Fenimore Fiasco – (and the Ford Ringwood cleanup sellout)?

The Highlands Act mandates that ALL remediations – at landfills, brown fields, and toxic sites – be consistent with the Regional Management Plan.

The intent of that provision was to grant the the Highlands COuncil the power to set stricter standards to assure better cleanups to strengthen protections for critical water supply ground and surface water.

Why does the Council continue to ignore this power and defer to DEP?

Oh, and the DEP Highlands rules expire on December 31, 2015 – will they be re-adopted without change or “overhauled” like the stream encroachment and WQMP rules?

Of course, that critical issue also was not discussed last October.

They call this a stakeholder process.

I call it bullshit and a charade.

[PS – and of course those meetings failed to mention DEP and Highlands Council RMP review of proposed major oil and gas pipelines.]