WolfeNotes.com

DEP Does Not Mandate Installation Of Available Treatment To Remove These Chemicals

Contamination Is Far More Widespread Than Reported By Media 

Children Are Particularly Vulnerable To Toxic Chemicals

NJ DEP recently adopted stringent new drinking water standards for a family of toxic chemicals with the acronyms PFOA, PFNA, and PFOS, collectively commonly known as “forever chemicals” because they do not breakdown in the natural environment.

For those who like to get into the weeds, you can read the science and DEP regulatory documents that explain everything about the science and health risks of these chemicals, see:

NJ Drinking Water Quality Institute Science and Recommendations to DEP

• Drinking Water Quality Institute MCL page (has all the documents)
• Drinking Water Quality Institute Recommended MCL on PFOS (2018)
• Drinking Water Quality Institute Recommended MCL on PFOA (2017)

• Rule proposal (2019)
• Rule adoption, with response to public comments (2020)
• NJ DEP sampling history (2014)
• NJ DEP Webapge/Fact sheets

The new DEP drinking water standards, expressed in parts per trillion are as follows: PFOA 14; PFOS 13 and PFNA 13.

NJ Spotlight recently reported on a huge controversy related to violations of these new standards at just one water system, the Middlesex Water:

• Utility seeks early compliance with new ‘forever chemical’ rule

However, I knew that violations were far more prevalent, so I filed a public records request to DEP for the first rounds of data submitted by NJ drinking water systems, specifically for DEP enforcement actions against those system that were not complying with the new drinking water standards. These drinking water systems include public water systems, private water companies, schools, daycares, healthcares, developments, and various private facilities.

In presenting the DEP enforcement data below, I selected the highest value cited by DEP enforcement documents.

Data are reported in parts per trillion.

DEP allows a “rolling average” method, so reporting and interpreting this information is complex. DEP also cited many of these facilities for failure to report the violations.

DEP allows the facilities 1 year to explain how they will come into compliance with the standard.

DEP does not issue enforcement fines or penalties at this stage of the process.

DEP allows “blending” with other clean water sources to reduce the concentration below the drinking water standard (a violation of the fundamental principle: “dilution is not the solution to pollution”).

DEP does not mandate that commercially available treatment systems be installed immediately to remove these chemicals.

I asked DEP a series of questions about these enforcement “notices of noncompliance” and will report back if they respond. I was particularly concerned about how DEP is providing information to schools and parents.

NJ Spotlight failed to report these violations and DEP has so far kept mum about them as well.

I tried to give DEP a heads up that they are risking another Kiddie College scandal if they don’t openly engage the public. For those who don’t recall that scandal, see this NY Times story, which I broke:

• Memo Shows Agency Knew of Danger in Child Care Building

Almost all values are as high or higher than those found in Middlesex Water reported by NJ Spotlight.

Based DEP enforcement documents, here’s what I found.

SCHOOLS:  (11)

1) Ridge and Valley Charter School (Blairstown)     –  130 PFOS (10 times DEP standard)

2) Maple Road Elementary School (West Milford) – 34 PFOS

3) Sandshore School (Flanders) – 34  PFOS, 25 PFOA

4) Bethlehem Township BOA – 38 PFOS

5) Dickerson Elementary School (Chester).  – 40 PFOS, 29 PFOA

6) Hardyston Township Elementary School. – 44 PFOS

7) Bear Tavern Elementary (Hopewell). – 23 PFNA

8) Timberlane Middle School (Hopewell) – 21 PFNA

9) South Hunterdon Regional  – 51 PFNA

10) Delaware Valley Regional 21 PFNA

11) Katherine D. Mallone School — 21 PFNA

PUBLIC WATER SYSTEMS (17)

1) Passaic Valley Water Commission   – 54 PFOS

2) Waldwick Water Department –  84 PFOS – 27 PFOA

3) Hopatcong Water Department – 28 PFOS  , 22 PFOA

4) Essex Fells Water Department –  31 PFOA

5) Livingston Township Water Department.  – 24 PFOA

6) Middlesex Water – 36 PFOA

7) Ridgewood Water – 31 PFOA

8) Upper Greenwood Lake – 150 PFOA, 45 PFOS

9) Oakland Water Department –  – 28 PFOS – 22 PFOA

10) Roxbury Township Water –   59 PFOA

11) Verona Water Department – 35 PFOA

12) Hawthorne Water Department — 27 PFOA , 24 PFOS

13) National Park Water – 18 PFNA

14) Bellmawr Water Department – 29 PFNA

15) Gloucester City Water Department – 23 PFNA

16) Woodbury City Water – 61 PFNA

17) Garfield Water Department – 37 PFOA, PFOS

DAYCARES (1)

1) Jin-A-Child Care Center (Clifton). – 44 PFOA

PRIVATE FACILITIES (20)

There were an additional 20 hospitals, rehabilitation centers, churches, private developments, golf courses, marinas, and other unknown operations cited by DEP for violations of the new drinking water standards.

The highest values I found were in Sussex County Homestead Rehabilitation, which had 280 for PFOS  and 260 at Delila Terrace MHP in Egg Harbor Township. 

I will provide all these data and DEP enforcement documents upon request.

Gov. Murphy Holds Press Conference To Divert From Newark Protest And Senate Fossil Moratorium Resolution

Climate Activists Get Fucked Again, And They Don’t Even Know It

Cynical politician are masters of manipulation of the media. Some call it news management.

With proper timing, politicians can get out in front of a bad news story and change the subject.

Another tactic is to divert the media’s attention from events that would put the politician in a negative light, and refocus and control the narrative.

Get out front, divert, change the subject. It’s as easy as 1,2, 3 – especially when you have sycophants to cheerlead and stenographers for journalists.

One of the most notorious historical examples of this kind of cynical news management was when President Lyndon Baines Johnson (LBJ) called a last minute White House press conference to divert news coverage from the testimony of Fannie Lou Hamer to the 1964 Democratic National Convention in Atlantic City, NJ.

Here’s how the Washington Post tells that story:

We need more two by fours between the eyes and far less genteel sycophancy

Spoiler Alert: Local Action, Litigation, and “Sustainable” Voluntary Actions Won’t Work

So let us not talk falsely now, the hour’s getting late. ~~~ All Along The Watchtower, Bob Dylan

I just wrote the note below to local activists who are trying to preserve their rural community, farms, and forests from overwhelming warehouse and industrial solar developments, while trying to urge Gov. Murphy to take real action on climate.

These folks had tried their best and failed – and received very little support from NJ environmental groups and elected officials.

They were frustrated and seeking guidance on how to proceed. I felt obligated to help and made very specific suggestions and tactics they could deploy that would be effective, based on my experience (for free).

But, instead of forging consensus on how to organize and be effective, these people were being diverted and manipulated by a “leader” of the NJ environmental community, who shall remain nameless (for now). It is something I’ve seen before so many times now I will no longer sit quietly and tolerate it.

Here’s my confession. (actually, I could make this a series, because there’s a lot of Skeltons in my DEP closet):

Dear XXXXXX and friends:

Regarding your letter to the Gov. and his lovely wife, let me share just a few observations. Please bear with me.

Back in the day, when I was a young ambitious DEP rising star (with a wife, 2 kids, and a big mortgage), I used to draft replies from the Gov. or DEP Commissioner to nice people like you. It didn’t seem to matter that those letters I wrote were full of lies, misleading claims, and manipulative and empty implied promises to solve the problem and respond to your concern.

All that mattered was that the response made the Gov. look good, downplayed the problem (despite the science), diverted attention from and avoided making any tough DEP decision, and tamped down the controversy at hand.

For that, I am forever ashamed. For that, I apologize.

It pains me to have to tell good folks these truths.

But what really troubles me is that there are many well meaning people who continue to be duped by this.

Worse, there are many in leadership positions in the environmental community who know that this is exactly how the game is played, yet they continue to go along with it and continue to mislead and manipulate good people.

Those leaders substitute their own personal judgements of “decorum” and “manners” for the tactics that they KNOW are effective. In other words, they elevate hugs, handshakes, and puffball tactics like private letters to the Governor over hardball tactics like harsh language and in your face direct actions, which apparently make them deeply uncomfortable. (and I’m being very easy on these people: many times their motives are far worse, including: to maintain grant funding from Foundations and wealthy members; to maintain a positive political relationship with the Gov. in order to enjoy some special payback “deliverables” (crumbs) for their political loyalty; or merely to cultivate media attention and a public image and reputation for being “reasonable” and “credible”. Some just like getting invited to meetings and press conferences or being written into a Gov. press release. This makes these corrupt fools feel important. And they regularly sellout well meaning people and compromise on issues to gain these personal and organizational advantages.)

So, lets be real: let me offer just one illustration:

An elite, mild mannered, well educated, female, federal judge knows how to use words in a powerful way and take direct action in an effective way.

Here’s a quote from this federal judge Preska, who just sentenced world renowned environmental justice lawyer Steve Donzinger, who won a $9 BILLION civil lawsuit against Chevron, to a 6 month jail sentence for his efforts to protect attorney client privilege. She had no qualms about using strong language and ugly aggressive tactics:

“It seems that only the proverbial two-by-four between the eyes will instill in him any respect for the law,” she said from the bench.

https://www.theguardian.com/us-news/2021/oct/01/steven-donziger-lawyer-sentenced-contempt-chevron

We need more two by fours between the eyes, and far less genteel sycophancy, playing nice and local voluntary “sustainable” shams. As the song goes:

“So let us not talk falsely now, the hour’s getting late.”

And shame on those who know that and fail to do so and continue to manipulate good people.

Wolfe

Executive Order Pre-empts Focus On Fossil Moratorium

Gov. Order Is Nothing Like New York State Climate Law

[Update below, with link to Executive Order]

Right now, I tuned in late, but am watching live as Gov. Murphy issues an Executive Order, apparently on new climate goals and use of RGGI money.

As I’ve written, goals without enforceable programs to meet the goals is sham. We need laws like New York State.

As I wrote just last week:

There’s lots of talk about goals and timetables. But no one is demanding that those greenhouse gas emission reduction goals be linked to enforceable regulatory authorities (i.e. State permits). If not, they are merely aspirational, or slogans not policy.

The timing also is highly suspect, because on Monday, the Senate will hear a Resolution urging the Gov. to impose a moratorium on new fossil. 

Again, as I wrote about this non-binding moratorium Resolution, just days ago:

A non-binding Resolution urging the Gov. to act may have been appropriate during Gov. Murphy’s first 100 days. But after 4 years, it is absurd.

We need legislation with enforceable goals, timetables, and standards, like New York State climate law provides.

The last thing we need during this climate emergency – and after 15 years of failed aspirational goals of the Global Warming Response Act, small bore market based programs (RGGI), voluntary programs, subsidies,”nudges”, moral appeals, and incentives – is more symbolic gestures.

DEP’s climate PACT and environmental justice regulations are nowhere to be seen.

The timing of today’s press conference was designed to preempt activists’ calls for the Gov. to put teeth in NJ climate law, impose a moratorium on new fossil, and accelerate long delayed DEP climate PACT and environmental justice rules.

More to follow when I get a copy and read the Executive Order.

[Update 1: My Trenton sources tell me the Murphy event was also designed to divert attention from an environmental justice – climate march in Newark today against the PVSC fracked gas power plant and sludge plant. Pure sabotage. Like I said, the Gov. is a sandbagging gaslighter.

There  is also bad faith within the environmental community, because several “leaders” of groups that are members of the Empower NJ Coalition (the coalition demanding a fossil moratorium) knew about the Gov. event today several days ago and did not give their fellow coalition members a heads up.]

[Update 2 – I’ll do a detailed stand alone post on this for tomorrow, but I just read the Governor’s Executive Order 274.

Gov. Murphy is not only killing the moratorium by reiterating his “transition” policy, he’s doing exactly the OPPOSITE of the NY State law, by explicitly prohibiting his Executive Order’s new emissions reduction aspirational goal from being used in the DEP permit and regulatory process (e.g. upcoming DEP PACT or EJ RULES)

“nothing shall be used as a basis for legal challenges to rules, approvals, permits, licenses, or other action or inaction by a State entity.”

Like I said, the last thing we need right now are more symbolic gestures.

Perhaps the only thing worse that the Gov.’s symbolic gestures and gaslighting, is the cheerleading by his sycophants, Ed Potosnak and Kim Gaddy.

Double shame on Ms. Gaddy, because she is a member of the Empower NJ Coalition and thereby is pledged to support the moratorium. Gov. Murphy just explicitly sandbagged that moratorium and instead of condemning him for that she praised it.