Fenimore Fools Have Become Frauds

C.13:1E-125.3 Site plan approval required.

3. Notwithstanding the provisions of any other law to the contrary, any person who undertakes the closure of a legacy landfill, or the owner or operator of a closed sanitary landfill facility, who accepts for any reason, solid waste, recyclable material, contaminated soil, cover material, wastewater treatment residual material, dredge material, construction debris, or any other waste or material shall apply for and obtain site plan approval pursuant to the provisions of the “Municipal Land Use Law,” P.L.1975, c.291 (C.40:55D-1 et seq.).

So why is Roxbury Township Attorney and State Assemblyman Anthony Bucco saying exactly the opposite?

The Roxbury Register reports:

Bucco said that even if the Superior Court judge had sided with the township, it would not have ceased operations at the site.

“We have no authority to stop the DEP from remediating as they see fit. They need site plan approvals from the township eventually, but that is just for things like landscaping,” he said.

“There is nothing in the state law that says the township has the right to stop them. They still have primary jurisdiction. The state has pre-empted any town from having jurisdiction over landfill closures,” he said.

“However, the DEP must go before the Morris Soil Conservation District  because the state will not allow streams and water to be polluted by runoff,” he said.

Hard to know where to begin to correct the errors, omissions, and misleading statements here.

First, state law no longer preempts landfill closure for legacy landfills. Fenimore is a legacy landfill. Read the law above.

Second, State law says site plan review is required – it does not limit that review to to “things like landscaping”, so Bucco is just making shit up.

Towns have broad powers under the MLUL on issues that are not preempted by State jurisdiction. Landfill closure is no longer preempted by DEP. That means towns have the fill scope of MLUL powers, which are far broader than “things like landscaping”.

Third, the Morris County Soil Conservation District does NOT regulate surface water quality – or water pollution – or landfill closure.

That is DEP’s job and the Highlands Council’s job.

Under the state Water Pollution Control Act and federal Clean Water Act, DEP classifies all surface waters, including streams, in what as known as an “anti degradation designation”. DEP assigns designated uses for the streams, sets numeric and narrative criteria known as “water quality standards” to protect those designated uses, and issues pollution discharge permits to assure that water quality standards are met. DEP conducts monitoring and enforcement to assure that water quality standards are met. DEP mandates cleanup plans for waters that don’t meet standards

The Highlands Act built on clean water laws and created specific anti-degradation policy and designations, stricter water quality standards, larger 300 foot buffers, and stricter regulatory review procedures for activities that might degrade water quality – it’s too much to discuss in detail here.

DEP and the Highlands Council have parallel responsibilities for  groundwater protection.

Last, DEP has a very detailed set of regulations regarding landfill closure requirements. [Update note: See this post for a discussion of DEP landfill closure requirements, including links to regulations.]

How could licensed attorney – and State Assemblyman – Bucco not know all this?

Is he incompetent?

Or is he stupid?

Or is he covering for the Fenimore Fools and Gov. Chrisite’s DEP?