“Unfinished Business” – Johanna-Fulper Stinky Sludge

Local officials ignore residents – Hopelessly in the tank for Farmer Fulper

[Update: 9/27/12– read the Hunterdon County Democrat’s coverage of the meeting:  Right-to-farm vs. smelly sludge: West Amwell officials refuse to support residents’ petition about odors –

 

I'm not preaching to the Choir (h/t SO) (Source: Cristina Rojas )

WEST AMWELL — Despite pressure from some residents to do something about the lingering odor that comes from sludge spread on fields, township officials said they were reluctant to get involved in the dispute. […]

Bill Wolfe, one of the petitioners, urged the governing body Wednesday night to formalize support for the petition or hold a public hearing.

“Do something to show you’re trying to make progress on the issue,” he said. – end update]

The West Amwell Township Committee met tonight – item # 9.g. on the agenda, listed as “unfinished business”, was complaints by residents: “Fulper/Johanna Farms Sludge Odors/Petition”.

Although I had a conflict with the quarterly meeting of the Delaware River Wild & Scenic Management Committee where Bull’s Island was on the agenda, I felt obligated to go to West Amwell, especially because my letter, and DEP complaints, and DEP petition put the issue on the agenda (and I missed the prior meeting due to another conflict).

I should have stayed home.

Let me keep it simple and just say that the Committee members were not sympathetic to those making the complaints, were clueless and non-responsive about odor and water quality issues, and showed no interest whatsoever in doing anything.

I began by noting that the DEP’s September 20, 2012 letter to Johanna Farms was not included in the correspondence in the minutes (even though mayor Fisher was copied on it via email). I mentioned the bad press coverage for the Township and challenged the Committee to take a stand in support of residents opposed to the severe odors.

Right out of the box, before I could really get into the issues, Mayor Fisher said he didn’t think the smell was that bad, that residents were divided over the issue, and that it was a DEP issue that the Township had no authority, responsibility or role in. Nothing to see here  – Move on.

Worse, Deputy Mayor Zach Rich then immediately attacked me and spoke about his “fear” of the Pennsylvania DEP.

Rich told a story about his business as a quarry/mine/stone crushing plant operator and a small diesel spill. He said he shut the plant down in “fear” of DEP and said environmental agencies have done “nothing for anybody”.

I reminded Deputy Mayor Rich that his extremist and negative views on environmental regulations and DEP as a business man were his own affair, but that he was totally out of line making those kind of statements as a public official and representative of Township residents, including me, his constituent.

I recommended that the Committee examine and map DEP Private Well Testing Act, groundwater, and surface water data, particularly for nitrate. [DEP data show 2.8% of wells  sampled exceed the nitrate standard]

I then highlighted DEP’s highly unusual quick action and compared that with the long history of inaction by the Township.

Did they want residents to think that DEP in Trenton was more responsive to local concerns than they were?

I think I embarrassed them into asking DEP for a public hearing on the petition to revoke the Johanna Farms General Permit. Both Mayor Fisher and Rich agreed with my suggestion for a public hearing and supported a request to DEP for a public hearing on the petition. But, they didn’t say how they would do that – I recommended a Resolution or a letter, but those recommendations were ignored.

Fellow resident and petitioner Cathy Urbanski spoke and traced some of the history, particularly in explaining  why this was not a Right to Farm issue.

The Township Attorney Mr. Faherty agreed about the stench and said the Right to Farm law does not trump the US Constitution’s right to “life, liberty and the pursuit of happiness”, saying that there was no happiness in his home when the Johanna sludge stench was in the air.

When I explained the need for DEP odor verification before the Johanna permit could be enforced, the Attorney agreed and replied that the DEP on scene verification of odors in West Amwell was “never gonna happen” and he even volunteered to let a DEP enforcement staffer stay in his home overnight, “for free”.

The Attorney also agreed with me that the Right to Farm law did not trump NJ State Environmental laws.

If residents want something done, they need to pressure DEP – their local elected officials are hopelessly in the tank for Mr. Fulper on this one. 

[Update: I just requested that DEP hold a public hearing on the petition to revoke the Johanna Farms permit. This is what the Township Committee should have done last night.

Sent: Thursday, September 27, 2012 12:52:36 PM
Subject: supplement to petition to revoke Johanna Farms GP

Dear Mr. Brower:

I would like to supplement my recent petition seeking revocation of the Johanna Farms General Permit with the following request.

We ask that the Department hold a public hearing on the petition in West Amwell as part of the decison-making process.

Although a public hearing is not mandated by applicable rules, such a hearing would provide an opportunity for the community to weigh in and allow the Department to gather important new information prior to making a final decision in this important matter.

We look forward to your earliest and favorable consideration of this request.

Sincerely,

Bill Wolfe