How NJ DEP Priorities Are Set
A Phone Call From The Front Office Overrides Science
I just came across my 2008 testimony to the NJ Senate Environment Committee in opposition to the proposed privatization of NJ’s toxic site cleanup program and the creation of a privatized Licensed Site Remediation Professional (LSRP) program (read the transcript).
I just loved this quote – which was based on 14 years of DEP experience at the highest policymaking levels and close coordination with the Governor’s Office and legislative leadership- that speaks volumes:
Again, the term priority economic development is used in that section. I don’t know what that means. That, to me, means a phone call to the Governor’s Office and over to the Commissioner’s office. That’s what a priority economic activity is to me.
That’s how the game is played, and it’s only gotten worse over the last 16 years.
Word.
I explained the implications of this in a 2019 post:
First, DEP has no credible scientific basis to make any statement about the performance of the cleanup program because DEP has failed to implement or release to the public the “Remedial Priority System” (RPS) mandated by the Legislature over a decade ago. Without the RPS, DEP is literally flying blind and making shit up.
The legislature mandated that DEP adopt and implement the “Remedial Priority System” (RPS), which not only provides a valid, structured, risk based scientific basis for classifying and managing toxic sites, it also includes triggers for direct DEP oversight of high risk sites.
The Legislature also mandated that DEP publicly disclose a list of risk based sites in NJ.
The RPS originally was required by provisions of the Spill Act enacted over 30 years ago.More recently, the RPS agains was mandated by the 2009 Site Remediation Reform Act (“SRRA”, phonetically as in SURRENDER).
The legislature mandated that the RPS be adopted and implemented in DEP’s cleanup program by May, 7, 2010 (one year after enactment). DEP has flouted that legislative mandate for over 9 years.
Without a RPS, DEP is flying blind and has no scientific or factual basis to make any credible public statement.
The DEP’s priorities are set by other means.