Weak Regulations – No Enforcement
Another Example Of Loopholes In NJ’s Environmental Justice Law
… the record reflects that much of the focus during legislative hearings in the spring of 1985 was on the need for various incentives, including tax breaks and regulatory relief, to encourage private investment in the diversion and recovery of recyclable materials from the conventional solid waste stream. (State Commission Of Investigation Report, (March, 2017, @ p. 5)
Despite the many Murphy DEP issued press releases touting their “commitment to environmental justice”, once again, a major incident reveals they are failing to strictly regulate and enforce NJ’s environmental laws, particularly in “environmental justice” communities.
Surprisingly, the headline writer at NJ Spotlight got the tone, risks, and the repeated abuse right, but the reporting fails to hold the Murphy DEP accountable, see:
The so called EMR “recycling” facility is regulated by DEP.
The toxic air pollution from the fire is regulated by DEP.
The fire and emergency response planning, community notification, and evacuation are regulated by the DEP.
The outrageous environmental justice risks and public health and environmental impacts are regulated by the DEP.
The DEP recycling center regulations are weak and largely defer to local government. Example with respect to fire:
i. Each owner or operator shall have a contingency plan for the facility. The contingency plan shall be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of recyclable materials to air, soil, or surface water.
ii. The provisions of the plan shall be carried out immediately whenever there is a fire, explosion, or release of recyclable materials which could threaten human health or the environment;
So, where the hell is the Murphy DEP?
Why is no one holding DEP accountable for the massive regulatory failures exposed by repeated massive fires in Camden NJ, ground zero for environmental injustice.
NJ Spotlight reported on a major fire and community complaint to DEP filed back in August 2022:
Complaint filed with DEP over controversial Camden recycling center
What happened to the complaint? Why didn’t DEP prevent another major fire? Did DEP take enforcement action? Did the community EJ group file a lawsuit?
I found that Eastern Environmental Law clinic threatened to sue back in 2022, but once again, DEP ducked accountability, see:
Camden-based non-profit Center for Environmental Transformation says EMR should be more heavily-regulated and should be required to register with the New Jersey Department of Environmental Protection as a “solid waste facility,” according to a notice of intent sent to EMR and the New Jersey Department of Environmental Protection, which was obtained by NJ Advance Media on Tuesday.
A spokeswoman with the NJDEP said the agency “does not comment on matters of possible or pending litigation.”
“We received the notice letter on Friday, August 5, and will comment when we have completed investigating the allegations therein. We look forward to responding in full at that time,” Michael Gross, general counsel for EMR, said in a statement.
The Aug. 4 Environmental Rights Act notice, a legal action submitted before filing a lawsuit, was sent via email and mail on behalf of the non-profit by the Eastern Environmental Law Center, based in Newark. It specifically points to the Camden facilities at 1531 Ferry Avenue and 1251 South Front Street. EMR facilities in South Camden have been the scene of two major fires since January 2021.
EMR’s ability to skirt the designation of solid waste facility has meant less stringent oversight by the NJDEP, which locals want to see change, the non-profit alleges in the letter also addressed to Attorney General Matt Platkin, DEP Commissioner Shawn LaTourette and Camden City council members.
“In essence, EMR has been a terrible neighbor to South Camden residents. EMR’s operations have negatively impacted the South Camden community in numerous ways, from fires and air pollution to noise and odors,” the Center for Environmental Transformation says in the notice. “Following the fires, EMR community liaisons exhibited an abysmal lack of transparency with impacted residents; they failed to communicate the causes of the fires, were combative when speaking to residents, have not taken community concerns seriously, and consistently failed to take meaningful steps and appropriate precautions to safeguard their workers and the community.”
If the Camden non-profit was to be successful in its appeal to state officials, EMR would be required to expand its record-keeping, have additional permits to operate and adhere to the Solid Waste Management Act, the Eastern Environmental Law Center said.
Under the regulations, EMR would also have to ensure all processing, shorting, storage, and compaction of materials on-site take place in an enclosed building. Material recovery facilities and solid waste transfer stations at the center would also need to comply with federal OSHA requirements and the New Jersey Worker and Community Right to Know Act.
People want to know what the hell is going on at DEP!
But instead of reporting these critical facts and holding DEP accountable, NJ Spotlight interviewed a longtime solid waste industry hack, Wayne DeFeo. I’ve known Wayne since the late 1980’s as part of my work with the DEP Solid Waste and recycling program. I think he worked as a Trenton lobbyist for solid waste industry giant BFI back in those days. So, he’s hardly credible as a source.
The so called “recycling” facilities are under-regulated by the DEP. They handle millions of pounds of highly toxic and flammable materials, including lead, mercury, PCB’s, and various toxic chemicals from vehicles and industrial scrap.
Toxic air emissions, dust and stormwater runoff, odors, noise, and truck traffic create significant environmental and public health risks and impacts to the community and people living nearby.
Back in the 1980’s, the DEP and the Legislature intentionally created a weak regulatory framework in order to reduce the costs and “regulatory burdens” to promote “green industries” like recycling. Those weak DEP regulations are given lax enforcement by the DEP.
Even though I was personally involved, no need to take my word for that. The NJ State Commission On Investigation documented all that jive:
… the record reflects that much of the focus during legislative hearings in the spring of 1985 was on the need for various incentives, including tax breaks and regulatory relief, to encourage private investment in the diversion and recovery of recyclable materials from the conventional solid waste stream. (State Commission Of Investigation Report, (March, 2017, @ p. 5)
Yet there have been scores of fires, illegal waste disposal, laundering of toxic waste (e.g. Google “Dirty Dirt”) and major air and water pollution events at so called “green” recycling facilities across the state.
These dirty facilities also are almost always located in poor and minority disproportionately impacted “environmental justice” communities. Camden NJ is ground zero for environmental injustice.
It’s way past time to properly regulate them!
I found a DEP public notice on an air pollution permit application filed back in November of 2023.
The facility also has a DEP issued “recycling center” permit. The DEP recycling center regulations require, among other things, fire prevention and control plans.
Repeated major fires are not business asa usual, as Mr. DeFeo claimed.
Such chronic gross disregard for the community and the environment are more than adequate grounds for major DEP enforcement action, including revocation of permits.
Someone must make DEP Commissioner LaTourette walk the talk on environmental justice.