DEP Expedites Site Cleanup Process, Helps Communities with Multiple Brownfields; Cracks Down on Parties Submitting Substandard Documents (03/P033)

Last modified on November 22nd, 2024 at 3:37 pm

FOR IMMEDIATE RELEASE
3/19/03

Contact: Fred Mumford
609-984-1795

DEP Expedites Site Cleanup Process, Helps Communities with Multiple Brownfields

Cracks Down on Parties Submitting Substandard Documents

(03/33) TRENTON – Department of Environmental Protection (DEP) Commissioner Bradley M. Campbell today announced new policies to expedite the cleanup of contaminated sites in New Jersey and to implement a Brownfield Development Area Initiative that will help guide remedial work in communities with multiple contaminated areas.

"Environmental progress at many contaminated sites has been seriously hindered by technical disagreements with some companies performing remedial work and by the recalcitrance of others to follow regulatory requirements," said DEP Commissioner Bradley M. Campbell. "Our new policies will result in faster cleanups and require improved performance by companies investigating and cleaning up our natural resources."

A newly formed Technical Review Panel will help resolve disputes between the regulated community and the Department that impede cleanup work at contaminated sites. For example, the panel will expedite resolution of disagreements about testing methods and cleanup strategies to allow remedial work to progress.

In addition to the technical panel, DEP established a new review process for documents submitted by parties conducting investigation and cleanup work at contaminated sites that will require strict compliance with all remediation regulations. DEP will reject substandard plans and reports before progressing with a full review of a proposal.

DEP also created an Office of Accountability to track regulatory non-compliance on rejected reports. The data will help determine appropriate enforcement action when needed.

"Substandard proposals to clean up sites present environmental and public health risks, and consume a disproportionate amount of DEP staff time," said Commissioner Campbell. "These delays cause unfair backlogs of other projects awaiting DEP review, and create an economic burden for developers and other companies."

Under the Brownfield Development Area Initiative, DEP adopted formal guidelines for the design and implementation of remediation and reuse plans for multiple contaminated properties to ensure the work occurs in a coordinated fashion. These guidelines expand upon a pilot project for communities impacted by multiple brownfields that include neighborhoods in Elizabeth, Trenton and Camden.

"Promoting reuse in communities to make them safer and more livable holds great promise for residents in towns across the state and is an essential component of smart growth. I look forward to working with community leaders to help identify properties that could benefit from this novel approach," said Commissioner Campbell.

The brownfield initiative provides a framework and resources to empower affected neighborhoods to address these difficult sites where additional assistance may be needed. No additional regulatory requirements on properties within the Brownfield Development Areas will be imposed.

DEP is working with other involved agencies and offices, including the New Jersey Economic Development Authority, Office of Smart Growth and Commerce and Economic Development Commission to implement the Brownfield Development Area Initiative.

The new policies and applications are posted on DEP’s web page at www.state.nj.us/dep/srp.

 

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FOR IMMEDIATE RELEASE
3/19/03

Contact: Fred Mumford
609-984-1795

DEP Expedites Site Cleanup Process, Helps Communities with Multiple Brownfields

Cracks Down on Parties Submitting Substandard Documents

(03/33) TRENTON – Department of Environmental Protection (DEP) Commissioner Bradley M. Campbell today announced new policies to expedite the cleanup of contaminated sites in New Jersey and to implement a Brownfield Development Area Initiative that will help guide remedial work in communities with multiple contaminated areas.

"Environmental progress at many contaminated sites has been seriously hindered by technical disagreements with some companies performing remedial work and by the recalcitrance of others to follow regulatory requirements," said DEP Commissioner Bradley M. Campbell. "Our new policies will result in faster cleanups and require improved performance by companies investigating and cleaning up our natural resources."

A newly formed Technical Review Panel will help resolve disputes between the regulated community and the Department that impede cleanup work at contaminated sites. For example, the panel will expedite resolution of disagreements about testing methods and cleanup strategies to allow remedial work to progress.

In addition to the technical panel, DEP established a new review process for documents submitted by parties conducting investigation and cleanup work at contaminated sites that will require strict compliance with all remediation regulations. DEP will reject substandard plans and reports before progressing with a full review of a proposal.

DEP also created an Office of Accountability to track regulatory non-compliance on rejected reports. The data will help determine appropriate enforcement action when needed.

"Substandard proposals to clean up sites present environmental and public health risks, and consume a disproportionate amount of DEP staff time," said Commissioner Campbell. "These delays cause unfair backlogs of other projects awaiting DEP review, and create an economic burden for developers and other companies."

Under the Brownfield Development Area Initiative, DEP adopted formal guidelines for the design and implementation of remediation and reuse plans for multiple contaminated properties to ensure the work occurs in a coordinated fashion. These guidelines expand upon a pilot project for communities impacted by multiple brownfields that include neighborhoods in Elizabeth, Trenton and Camden.

"Promoting reuse in communities to make them safer and more livable holds great promise for residents in towns across the state and is an essential component of smart growth. I look forward to working with community leaders to help identify properties that could benefit from this novel approach," said Commissioner Campbell.

The brownfield initiative provides a framework and resources to empower affected neighborhoods to address these difficult sites where additional assistance may be needed. No additional regulatory requirements on properties within the Brownfield Development Areas will be imposed.

DEP is working with other involved agencies and offices, including the New Jersey Economic Development Authority, Office of Smart Growth and Commerce and Economic Development Commission to implement the Brownfield Development Area Initiative.

The new policies and applications are posted on DEP’s web page at www.state.nj.us/dep/srp.

 

DEP Facilitates Agreement Between Middlesex County Utilities Authority and Shellfish Industry to Assist Clammers Impacted by Sewage Spill: Announces Water Testing and Shellfish Bed Re-Opening Plan (03/P032)

Last modified on November 22nd, 2024 at 3:37 pm

FOR IMMEDIATE RELEASE
3/17/03

Contact: Amy Cradic
609-984-1795

DEP Facilitates Agreement Between Middlesex County Utilities Authority and Shellfish Industry to Assist Clammers Impacted by Sewage Spill:

Announces Water Testing and Shellfish Bed Re-Opening Plan

(03/32) TRENTON – Responding to the shellfish industry's call for assistance, the Department of Environmental Protection (DEP) today announced that the Middlesex County Utilities Authority (MCUA) has agreed to supply clean water needed to resume services at the two depuration plants that were temporarily closed as a result of the sewage line break.

"We are very pleased that this temporary measure will allow the depuration plants to resume business and offer relief to local clammers financially impacted by the shellfish bed closures," said DEP Commissioner Bradley M. Campbell. "The department continues to closely monitor the impacts of the sewage spill and will reopen the shellfish beds as soon as test results indicate that the water quality meets public health standards."

MCUA has contracted with Linden Bulk Transport, Inc. to carry between 10,000 and 15,000 gallons of clean salt water daily from the Barnegat Bay to the shellfish industry's two depuration facilities in the Atlantic Highlands area, where the shellfish are cleaned through a purification process before going to market. The two facilities are temporarily unable to use local water from the Raritan and Sandy Hook bays due to higher than normal bacterial counts following the sewage line break.

While shellfish beds remain closed in the Raritan Bay, Sandy Hook Bay, Navesink River and Shrewsbury River, the depuration facilities can once again serve harvesters working in open shellfish beds in the Manasquan River.

As of Saturday, March 15, DEP monitoring results for the Raritan and Sandy Hook bays indicated a significant decline in fecal coliform levels. Both areas tested below the FDA health-based standard of 88 parts of fecal coliform per 100 milliliters required in harvesting waters. The highest level of fecal coliform was in the western end of Raritan Bay and was 43 parts of fecal coliform per 100 milliliters.

Due to concerns raised over possible viral and heavy metals contamination resulting from the sewage spill, the DEP is performing additional testing as a precautionary measure to confirm that levels of these contaminants are at or below concentrations deemed safe for human consumption. EPA Region 2 is helping to expedite the testing, which will include arsenic, cadmium, chromium, lead, mercury and nickel. Criteria for these metals will be the values listed in the Food and Drug Administration's (FDA) guidance documents.

"Based on the magnitude of the sewage spill and on concerns raised over metal and viral contamination, it is prudent to take a phased approach to re-opening these waters to shellfish harvesting," Commissioner Campbell added. "The DEP reopening plan for shellfish beds has the FDA's support and approval, and is based on ensuring public health and safety."

The DEP's reopening plan for shellfish beds requires the following:

Five consecutive sampling results that show fecal coliform levels remain below the FDA health-based standard of 88 parts of fecal coliform per 100 milliliters;
Heavy metal levels in shellfish tissue are within FDA guidelines; and that
Levels of a viral indicator (coliphage) in shellfish tissue samples are acceptable.

The Department will continue to conduct water monitoring tests in shellfish bed areas on a daily basis.

In response to a separate issue relating to New Jersey's shellfish beds, the DEP is temporarily banning shellfish relaying activities in the Raritan and Sandy Hook bays. This ban will not affect harvesting activities that utilize the depuration plants. On March 13, the New York State Department of Environmental Conservation suspended its transplant program due to the finding of the hard clam parasistic disease Quahog Parasite Unknown (QPX) in Raritan Bay hard clam populations located off of Staten Island.

While QPX causes mortalities in hard clams, it is not harmful to consumers who might eat infected clams.

The DEP has taken numerous tissue samples from clams in the Raritan and Sandy Hook bays and sent them to the Virginia Institute of Marine Sciences for analysis. Expedited test results are anticipated within three weeks. In the interim, relay harvesting in New Jersey will be permitted in waters of the Manasquan River.

While the QPX organism has been found throughout the Atlantic coast of North America since the late 1950s, including shellfish in New Jersey, it has generally not caused significant clam mortalities in the state. The concern is that relaying heavily infected clams from the Raritan Bay to other areas could infect shellfish in uncontaminated areas.

 

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DEP Commissioner Campbell and Senator Corzine Urge Prevention of Chemical Accidents For Community Safety (03/P031)

Last modified on November 22nd, 2024 at 3:38 pm

FOR IMMEDIATE RELEASE
3/17/03
03/31

 

Contact: Fred Mumford
(609) 984-1795

DEP Commissioner Campbell and Senator Corzine Urge Prevention of Chemical Accidents For Community Safety

(03/31) Trenton — Trenton-Department of Environmental Protection (DEP) Commissioner Bradley M. Campbell today joined with U.S. Senator Jon S. Corzine and environmental safety and community leaders to support a proposed expansion of New Jersey's Toxic Catastrophe Prevention Act (TCPA) program to provide greater protection for residents living near industrial facilities.

DEP has proposed to list certain reactive chemicals as extraordinarily hazardous substances subject to risk management planning requirements of TCPA. These chemicals can explode with the simple, inadvertant exposure to air or water or if inappropriately mixed with certain other chemicals and can result in death or permanent disability to people beyond a facility's property boundary.

"Our residents need greater protection from the threat of hazardous chemical reactions in the industrial process," said DEP Commissioner Campbell. "Improving prevention plans to address the risks of reactives and to incorporate safer technology is good for business as well as for public safety."

More than 60 companies using reactive chemicals that could cause industrial accidents and explosions will now be covered by the proposed changes to the TCPA program. The proposed amendments would require additional prevention measures for 30 new reactive hazardous substances and 43 chemical groups, depending upon a company's volume and use of the chemicals.

The amendments to the TCPA rules also reinstate a requirement, which the state dropped in 1998, mandating that all facilities regulated under the program evaluate every five years state of the art technologies to reduce the risk of an accident and implement this technology if cost effective.

"New Jersey is setting the example for the nation in requiring new environmental safeguards to protect communities located around industrial plants," said Senator Corzine. "This measure will be used as a model for other states to follow as we work to protect our residents who live and work near facilities that use hazardous chemicals."

"Senators Corzine and Lautenberg are Congressional leaders on efforts to improve security and implement safer technologies at companies using hazardous materials," said Commissioner Campbell. "DEP is grateful for their support of New Jersey's efforts to become the first state in the nation to require companies using reactive chemicals to develop better safety practices."

"When corporations fail to accept their responsibility to protect citizens for the toxic chemicals that they use and produce, the government must step in and force them to do so," said Senator Frank Lautenberg.

New Jersey is the first state in the nation to propose requiring companies handling reactive chemicals to prepare accidental release prevention plans and examine safer technologies to prevent industrial incidents like the tragic ones that occurred at Napp Technologies in Lodi in 1995 and at Morton International in Paterson in 1998. The Napp and Morton International accidents were the result of reactive chemistry interactions. The infamous explosion at the Napp facility was caused when a reactive was inadvertently exposed to water, resulting in five deaths, 40 residents hospitalized, hundreds of residents evacuated and the mobilization of 900 emergency responders from 30 towns. The Morton explosion was the result of a reactive chemical being mixed too quickly with another chemical.

The federal Chemical Safety and Hazard Investigation Board, which is the agency responsible for investigating chemical accidents, recently made recommendations to the U.S. Environmental Protection Agency and Occupational Safety and Health Administration concerning reactive hazards and the need for additional regulation of reactive chemicals. In 2001, the Bush Administration withdrew a plan to regulate reactive chemicals.

Currently, 105 companies are covered by the TCPA program and must implement risk management programs. These companies represent industries such as water treatment plants, chemical manufacturers, food manufacturers and processors, pharmaceutical companies, refineries, and warehouses. DEP also has proposed to list liquefied petroleum gas and its constituents as flammable extraordinarily hazardous substances. The amendments do not extend to propane retailers and users.

Approximately 40 additional companies are expected to become subject to the TCPA rules as a result of the proposed amendments because they use certain reactive chemicals or liquefied petroleum gas. Twenty-two companies currently regulated under TCPA are expected to have to comply with additional regulatory requirements for using the substances. These estimates include approximately nine facilities that likely will be regulated for liquefied petroleum gas, of which several already are in the TCPA program.

 

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Honoring the Irish Who Built the D&R Canal; DEP Commissioner Campbell and Senator Codey Dedicate an Irish Immigrant Memorial (03/P030)

Last modified on November 22nd, 2024 at 3:39 pm

FOR IMMEDIATE RELEASE
3/17/03

Contact: Dana Loschiavo (609) 984-1423
Amy Cradic (609) 984-1795

Honoring the Irish Who Built the D&R Canal

DEP Commissioner Campbell and Senator Codey Dedicate an Irish Immigrant Memorial

(03/30) STOCKTON – Department of Environmental Protection's (DEP) Commissioner Bradley M. Campbell today joined Democratic Senate President Richard J. Codey to dedicate a memorial honoring the hardships and triumphs of the people who built the Delaware & Raritan Canal, many of whom were Irish immigrants.

"It is fitting to dedicate this memorial on St. Patrick's Day to honor the thousands of Irish immigrants who helped build the D&R Canal – a vital transportation corridor of the past and a popular recreational corridor today," said DEP Commissioner Bradley M. Campbell. "This memorial will stand as a testament to the tireless army of laborers who created a key piece of the state 's industrial history."

The event, held at Bull's Island Recreation Area, Hunterdon County, paid special tribute to the Irish immigrants who dominated the canal work force in New Jersey and throughout the northeast in the 1830s. Many of the canal workers died during the cholera epidemic of 1832, and were buried in unmarked graves along the canal. One burial site is believed to have been on Bull's Island.

Robin Boyle, a local resident from Lambertville, sparked the interest of legislators for this project. Through her efforts the memorial, along with two sets of exhibits that were dedicated previously, were funded through legislation co-sponsored by Senators Richard J. Codey, Henry McNamara and Leonard Lance.

"I would like to thank Robin Boyle for her efforts in preserving the memory of these Irish workers who came to America in pursuit of their dreams," said Senator Codey, D-Essex. "The canal itself is a testament to their labors, but this memorial will help future generations know about those who helped build this country."

The two-ton granite stone chosen for the memorial was taken from a lock in the New Brunswick section of the canal.

Built during the busiest decade of canal construction in United State's history, the D&R Canal provided a safe and short waterway between New York and Philadelphia.

Despite many hardships, the canal became a navigable waterway that facilitated the industrial revolution throughout New Jersey. Although more efficient forms of transportation eventually surpassed it, the canal today remains a wonderful link to the past and is one of New Jersey's most popular corridors for canoeing, jogging, hiking, bicycling, fishing and horseback riding. The 70-mile linear park is also a valuable wildlife corridor connecting fields and forests.

The D&R Canal and towpath are part of the National Recreational Trail System.

 

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March Is the Month of the Bobcat (03/P028)

Last modified on November 22nd, 2024 at 3:39 pm

FOR IMMEDIATE RELEASE
3/14/03

Contact: Elaine Makatura
609-292-2994

MARCH IS THE MONTH OF THE BOBCAT

(03/28) TRENTON – March highlighted the bobcat as the third endangered species featured monthly as part of the Department of Environmental Protection's (DEP) yearlong awareness campaign marking the thirtieth anniversary of New Jersey's Endangered Species Conservation Act of 1973.

Late February through early April is the breeding season for these elusive felines, recognized by their bobbed tail, ear tufts and grayish-brown streaked and spotted fur. Typical bobcat habitat in New Jersey consists of forests, early succession vegetation and agricultural areas that provide dense cover for protection from the weather and from predators. Bobcats often use areas with caves, ledges and rock outcrops that provide shelter and cover for hunting and rearing their young.

"Maintaining a sustained bobcat population in New Jersey continues to be a challenge," said DEP Commissioner Bradley M. Campbell. "This animal requires large parcels of land that are relatively free from human habitation and alteration, along with travel corridors between parcels. This delicate type of habitat must be considered as we pursue strategies related to the Governor's anti-sprawl initiatives."

New Jersey's bobcat population first experienced declines in the mid-1800s as forests were cleared for lumber, fuel, charcoal and agricultural use. Between 1950 and 1970, reports of bobcat sightings and mortalities persisted, but by the early 1970s they were thought to be locally extinct. In 1972 the species gained legal protection when it was classified as a game species with a closed season.

Between 1978 and 1982 the Division of Fish and Wildlife conducted a restoration project through which 24 bobcats were trapped in Maine and released in northern New Jersey. In 1991 the bobcat was added to New Jersey's list of endangered species, where they remain. Current management efforts involve the use of satellite transmitters that allow biologists to monitor bobcat locations in order to determine habitat ranges.

Bobcats are found primarily in the northern counties of Morris, Passaic, Sussex and Warren, though unconfirmed reports have also been received from the eastern, central and southern counties.

As part of the yearlong celebration of species conservation, the DEP will focus each month on a different threatened or endangered species found in New Jersey.

New Jersey's Endangered and Nongame Species Act was signed into law on December 14, 1973, two weeks before President Nixon signed the federal Endangered Species Act. The law is designed to protect species whose survival in New Jersey is imperiled by loss of habitat, over-exploitation, pollution, or other impacts. New Jersey currently lists over 70 endangered and threatened species in New Jersey.

For more information on each month's featured endangered species visit the DEP's website at http://www.state.nj.us/dep.

 

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DEP Releases Results of Four-Year Water Study; Study Lays Groundwork for Better Testing of Water Supplies for Previously Unidentified Chemicals (03/P027)

Last modified on November 22nd, 2024 at 3:39 pm

FOR IMMEDIATE RELEASE
3/10/03

Contact: Patricia Cabrera
(609) 984-1795

DEP RELEASES RESULTS OF FOUR-YEAR WATER STUDY
Study Lays Groundwork for Better Testing of Water Supplies for Previously Unidentified Chemicals

(03/27) TRENTON – The New Jersey Department of Environmental Protection (DEP) today released a study examining the presence of previously unidentified chemicals and compounds in drinking water supplies that come from ground water. These Tentatively Identified Compounds (TICs) are substances that can be detected through analytical tests, but which still require further investigation to determine their identities and concentrations.

"It is really an important part of protecting public health to understand the likelihood of different contaminants in our public water systems," said DEP Commissioner Bradley M. Campbell. "It will need to be followed up not merely by further studies but by a closer look at whether current treating and testing methods are adequate to protect public health."

New Jersey is the first state to conduct such a broad, national study investigating the presence of a number of potential contaminants. The study focused on water systems around the state known to draw from underground or surface water that contain high levels of volatile chemicals prior to conventional treatment. Scientists used these water systems to get a worst-case scenario for the types of chemicals that may be missed in conventional water testing. The study also examined cleaner water systems and certain brands of bottled water for comparison.

Sampling for these substances is analogous to taking a photograph. A photograph captures its subject in clear focus, but also has detail that is fuzzy in the background. This study examines the hundreds of chemicals normally in the background of conventional water quality testing.

"Today we have technological capabilities that were not available even one year ago," Campbell added. "With the emergence of more sensitive testing for other chemicals, we can more accurately assess the safety of our drinking water to take all appropriate steps to protect public health."

The New Jersey Safe Drinking Water Act currently requires extensive testing of drinking water supplies, with federal and state standards for over 80 different substances. This routine testing more than adequately protects public health in detecting known contaminants.

DEP conducted the study in conjunction with Dr. Brian Buckley of the Environmental and Occupational Health Sciences Institute of New Jersey.

"This study shows that there are many more chemicals that are involved with our daily lives than anyone may have previously realized," said Dr. Buckley. "More significantly, the study demonstrates the improvement in our ability to detect these compounds at very low levels."

Of the many TICs detected in the study, most were present in minute concentrations, occurring at concentrations of less than one part per billion (ppb). Many of the TICs are classified as non-volatile or semi-volatile compounds, unlike the VOCs that standard water quality treatments can more easily remove.

Volatile compounds boil at low temperatures and "evaporate" more readily into the air. Non-volatile compounds – which include some pharmaceuticals, dyes and inks – evaporate much more slowly or not at all. Semi-volatile compounds fall somewhere in between and include substances such as fragrances and certain components of fuel oils.

Further work is underway to identify and to quantify definitively some of the TICs detected during this study. The full report, as well as research project summary, is available at http://www.state.nj.us/dep/dsr.

 

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Sayreville Sewage Spill Updates Available on DEP Website (03/P026)

Last modified on November 22nd, 2024 at 3:40 pm

FOR IMMEDIATE RELEASE
3/7/03

Contact: Amy Cradic,
609-984-1795

Sayreville Sewage Spill Updates Available on DEP Website

(03/26) Trenton – The New Jersey Department of Environmental Protection (DEP) in cooperation with the Middlesex County Utilities Authority (MCUA) is posting all available, up-to-date information regarding the Sayreville sewage line break on it’s website: www.state.nj.us/dep.

The information posted on the website will include:

  • Status reports from the MCUA concerning sewage line break repairs;
  • Daily totals of sewage overflows into the Raritan River; and
  • All available DEP water sampling and monitoring results taken from Raritan Bay, Sandy Hook Bay, Navesink River and the Shrewsbury River.

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DEP Commissioner Campbells Letter to New Jersey Fish and Game Council Regarding Black Bears (03/P025)

Last modified on November 22nd, 2024 at 3:41 pm

FOR IMMEDIATE RELEASE
3/7/03

Contact: Amy Cradic,
609-984-1795

DEP Commissioner Campbell's Letter to New Jersey Fish and Game Council Regarding Black Bears

(03/25) Trenton— Attached is Department of Environmental Protection (DEP) Commissioner Bradley M. Campbell's letter to the New Jersey Fish and Game Council's chairman W. Scott Ellis concerning the management of the state's black bear population.

Also attached is a brief summary of findings and recommendations from the independent black bear panel referenced by Commissioner Campbell in his letter to the Council. The panel conducted a review of New Jersey's bear population estimates, and examined management tools and potential population control measures to recommend to the state based upon their population review.

A full copy of the independent review panel's report is available upon request.


Letter:

March 6, 2003

Mr. W. Scott Ellis, Chairman
New Jersey Fish and Game Council
P.O. Box 400
Trenton, New Jersey 08625

Dear Chairman Ellis:

I would like to share with you my views and some cautionary notes prior to the meeting of the Fish and Game Council on Friday, March 7, 2003.

As you are aware, the Department of Environmental Protection (DEP) and its Fish and Wildlife Division have devoted substantial time and resources over the past year to the challenge of managing New Jersey's black bear population. The recovery of the population truly has been a natural resource success story, and the Fish and Game Council has played a critical role in that effort. By eliminating the black bear hunt in 1970, the Council allowed our black bear population to recover. Thanks to the stewardship of our Fish and Wildlife Division, we now have confidence that New Jersey's wildlife resources will forever include a vibrant population of these majestic animals.

This success has brought with it new challenges. Population increases have coincided with significant losses of black bear habitat to overdevelopment. The misguided and often inadvertent feeding of bears and other practices in communities adjoining bear habitat have encouraged bears to intrude on highways, community areas, and residences, presenting risks both to public safety and to the bears themselves. Over the past year, the number of incidents in which aggressive bears have put either property or personal safety at risk has more than doubled. The tragic loss of a child in such an incident in New York highlights the seriousness of the issue and the need for a responsive strategy.

Our response has addressed all of these issues. To protect threatened black bear habitat, Governor McGreevey has taken aggressive action to stop overdevelopment and protect open space. The Governor has launched a Highlands conservation initiative that will provide at least an additional $50 million over the next three years to protect and conserve the Highlands region, which is the heart of black bear habitat. To discourage risky behavior in our communities, I supplemented the education efforts of our Fish and Wildlife Division and private groups with a series of public meetings to inform communities in bear country about the common-sense steps available to reduce the risk of potentially dangerous interactions with black bears. To develop more non-lethal tools to manage the population, I recently announced a memorandum of understanding with the Humane Society of the United States to develop an immuno-contraception pilot that may strengthen the effort to manage this population in future.

One consistent and striking public concern voiced at our public meetings was a high level of skepticism and distrust of the population data our Fish and Wildlife Division has used to make bear management decisions in the past. Responding to this concern, I convened an independent review panel of outside experts – including sportsmen, animal protection advocates, and scientists and statisticians from across the region – to consider the data and methodology currently used by the Division to project black bear populations. I was especially concerned about this because the Division's internal projection of the current population has increased by more than 70 percent over the past several months.

The independent panel identified several weaknesses in the Division's past analytical approach, as well as a number of areas where further work is needed. For purposes of the Council's meeting this week, the important point is that the population numbers are clearly uncertain. While the Division has most recently projected a population of 3278, the panel concluded that the population may be as low as 1350. The panel 's summary report is attached.

In light of these considerations, I urge the Council to exercise caution in the use of current data to support a bear hunt. Based on our past discussions, I understand that the Council is likely to consider a bear hunt at its meeting tomorrow, as part of the Council's annual revisions to the game code. In order to ensure that any such decision is based on good data and sound science, I would urge that the Council recognize the limitations of the data in making its decision. If the Council decides to authorize a bear hunt, any hunt should be strictly limited in scope, scale, and duration, and should provide the Department with the flexibility to terminate the hunt if the number of bears killed appears excessive in relation to the data available at the time. Finally, to avoid any appearance that the hunt is being authorized for revenue purposes, I urge that the Council waive any license or related fees in connection with licenses to hunt black bears.

I urge the Council to recognize the limitations of the current data and exercise prudence in considering whether a bear hunt is warranted after 30 years of conservation success. Through a more cautious approach, the Council can help to address our current bear management challenges while maintaining public support for the use of hunting as a wildlife management tool and honoring New Jersey's sporting traditions.

Thank you for considering my views.

Cheers,

Bradley M. Campbell
Commissioner


Summary:

NEW JERSEY INDEPENDENT BEAR PANEL REPORT
MARCH 6, 2003

INTRODUCTION

Panel

On February 4, 2003, Department of Environmental Protection (DEP) Commissioner Bradley M. Campbell named scientists, governmental representatives and interested persons to serve on an independent bear panel. The purpose of the panel was to review the black bear population estimates of DEP's Division of Fish and Wildlife, and, if possible, make recommendations on management issues based upon their review of the estimates. The panel did not focus on hunting or the hunting debate.

In the series of public meetings on the bear population that the DEP had held around the State, citizens raised concerns about the adequacy and soundness of the population estimates. The independent review panel was designed to open the process to review by interested groups and ensure thoughtful deliberation of both data/modeling and appropriate management practices.

The members of the independent bear panel were: Louis Berchielli, biologist, New York Department of Environmental Conservation; George Howard, biologist, New Jersey Fish and Game Council; Dr. Lynn Rogers, biologist, Wildlife Research Institute – Minnesota; Dr. Allen Rutberg, biologist, Tufts University; Harry Spiker, biologist, Maryland Department of Natural Resources; Lynda Smith, Bear Citizen Group. Dante DiPirro, Counselor and Legal Policy Advisor to the Commissioner, New Jersey Department of Environmental Protection, chaired the panel on behalf of the Commissioner; his function was to preside over the panel and facilitate its work.

Three independent statistical experts– Dr. Michael Conroy of the University of Georgia, Dr. Gary White of Colorado State University and Dr. Edwin Green of Rutgers University– assisted the panel. They reviewed the data and modeling and provided their comments to the panelists.

Decision-making Process

This report and the recommendations contained in it represent the conscientious efforts of all the members of the panel and the statistical experts. The panel has been able to reach a consensus on a number of issues that are set forth in the first section of this report. The panel felt that it was important to attempt to reach consensus whenever possible to assist public debate on bear issues. Each panelist has been given the opportunity to include his or her own personal comments in the final section of the report.

SUMMARY OF FINDINGS AND RECOMMENDATIONS OF THE PANEL

Population Estimates

The Division of Fish and Wildlife recently projected a population of 3278 adult black bears in New Jersey. With the assistance of the consulting statistical experts, the panel reviewed the Division's study.

The panel was not able to reach a consensus on whether the Division of Fish and Wildlife's population estimate could be relied upon. Some panelists felt the estimate was reasonable. Others had concerns with the approach and assumptions that were too significant to accept the estimate without further inquiry. The consulting statistical experts also split on the issue of the population estimate's reliability.

The panel did agree that Fish and Wildlife staff has collected a good amount of data, handled and examined numerous bears, collected hair samples as part of monitoring and outfitted and tracked a good number of bears with radio collars.

The panel further agreed that further modeling and data collection is appropriate. Revised modeling should, at a minimum, address the following issues:

  • assumptions used to expand population estimates;

  • estimation of the area of influence around each hair snare;

  • assumption of uniformity over the prime bear range;

  • establishment of appropriate confidence interval;

  • evaluation of baiting and whether it skews sampling by attracting bears into what is otherwise not their range;

  • model selection evaluation of whether modeling selection results in an over or under estimation of population;

  • data collection re: birth rate, death rate, age, gender, distribution, home range and movement;

  • possible selection of several discrete areas (varying and representative) where rigorous sampling would be done; and

  • establishment and analysis of population growth rate.

The panel would like to see these issues addressed in the next round of the Division's modeling. By addressing and building in these factors, this process should be able to arrive at population estimates and trend data that can be widely accepted.

In the meantime, the panel determined that it would be helpful if it could reach a consensus on a potential range in population, even if all that could be offered would be an estimate. To do so, the panel did not rely upon the Fish and Wildlife estimate. In order to arrive at a conservative estimate, the panel: started with the estimate of New Jersey field researcher, Patty McConnell, of 550 adult black bear in 1992; picked what it believed was a conservative estimated growth rate of 8.5% per year (reproductive rate less mortality rate); then multiplied this growth rate out each year through 2003; this calculation yielded a conservative estimate of approximately 1350 adult black bear through 2003.

There was no consensus that the 8.5 percent figure was in fact the correct number. Some panelists felt the number was low. Others noted that the number was not arrived at scientifically but was selected by the panelists in order to be able to present what was likely a conservative estimate. It was further noted that if the growth rate were in reality double that used, (i.e. 17%), the population estimate would exceed 3,000. The panel felt that providing this information, with the caveats stated herein, would at least provide some assistance to the public.

Population Trends

It appears to the panel that the number of bears in the State has increased, though it is not possible for the panel to evaluate what the growth trend is or determine if the increase is statistically significant. We will be attempting to determine this as the State goes forward with enhanced modeling over the next year.

Management Practices

The panel was able to reach consensus on the importance of bear management activities such as public education, aversive conditioning, response to nuisance complaints, enforcement of the prohibition on feeding bears, proper securing of garbage, cooperation between local, municipal and State enforcement officers and the need to change public attitudes towards bears and the bear population. More on these topics is contained in the comments of individual panelists at the conclusion of this report.

On-going Work

The panel believes that it can contribute to the process going forward and is willing to continue to serve if the Commissioner determines that it would be helpful. In this regard, the panel could work with Fish and Wildlife concerning modeling, data collection, review of modeling results, review of existing and potential management practices and any other bear-related issues.

 

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DEP Closes Shellfish Beds in Response to the Sayreville Sewage Spill: Continues to Work with Middlesex County Utilities Authority to Ensure Public Safety (03/P024)

Last modified on November 22nd, 2024 at 3:41 pm

FOR IMMEDIATE RELEASE
3/4/03

Contact: Amy Cradic,
609-984-1795

NJ DEP Closes Shellfish Beds in Response to the Sayreville Sewage Spill:
Continues to Work with Middlesex County Utilities Authority to Ensure Public Safety

(03/24) Trenton— The New Jersey Department of Environmental Protection (DEP) in cooperation with the Middlesex County Utilities Authority (MCUA) is making an urgent request for residents and industries within the MCUA sewage treatment plant's service area to limit their water usage as much as possible in response to the March 2 sewage line break.

"By limiting water use, residents and local industries can help reduce impacts from the sewage line break on our natural resources," said DEP Commissioner Bradley M. Campbell. "We will continue to monitor the situation to ensure that everything is being done to stop the sewage flow and protect public health."

Sewage leakage has been contained within the immediate area of the break, with trucks transporting sewage to a nearby treatment site. Eighty-five percent of the sewage flow has been diverted to a parallel sewage line, however – as a result of limited capacity in the replacement line and above average precipitation and snow melt – approximately 15 percent of the sewage flow is discharging into the Raritan River.

Limited water use is being requested to reduce sewage flow into the Raritan River. Anticipated rain and ongoing snow melt could increase the inflow into the sewage system and result in elevated flows. Residents can assist by taking shorter showers instead of baths, reducing dishwasher use and turning off water while brushing teeth. DEP also is asking any industries with the capability to minimize their wastewater flow to do so at this time.

On March 3, 2003, DEP Commissioner Bradley M. Campbell issued a public notice closing shellfish beds in the Raritan Bay, Sandy Hook Bay, Navesink River and the Shrewsbury River. Harvesting activities are banned until further notice. While the DEP understands the impact the shellfish bed closures has on harvesters, public health concerns are paramount.

The DEP is conducting ongoing water sampling tests and will continue to monitor the environmental impacts that result from the sewage discharge.

Areas within the Middlesex County Utility Authority's service area that are being asked to limit water use include:

Middlesex County

Bound Brook, Carteret, Cranbury, East Brunswick, Edison, Franklin Township, Helmetta, Highland park, Jamesburg, Metuchen, Middlesex, Milltown, Monroe, New Brunswick, North Brunswick, Old Bridge, Perth Amboy, Piscataway, Plainsboro, Plainfield Area Sewage Authority (Bridgewater, Dunellen, Greenbrook, Plainfield, North Plainfield, South Plainfield, Scotch Plains, Watchung, Warren Township) Sayreville, South Bound Brook, South Brunswick, South River, Spotswood and Woodbridge.

Somerset County

Bound Brook, Bridgewater, Franklin, Green Brook, North Plainfield, South Bound Brook, Watchung and Warren Township.

Union County

Fanwood, Plainfield and Scotch Plains.

 

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TCPA Amendments Proposed to Prevent Accidents at Companies Using Reactive Chemicals to Protect Public Health in Nearby Communities (03/P019)

Last modified on November 22nd, 2024 at 3:41 pm

FOR IMMEDIATE RELEASE
3/3/03
03/19

 

Contact: Fred Mumford
(609) 984-1795

TCPA Amendments Proposed to Prevent Accidents at Companies Using Reactive Chemicals to Protect Public Health in Nearby Communities

(03/19) Trenton — The New Jersey Department of Environmental Protection (DEP) has proposed expanding its Toxic Catastrophe Prevention Act (TCPA) program to provide greater protection for residents living near more than 60 companies using reactive chemicals that could cause industrial accidents and explosions. DEP's proposed amendments would require additional prevention measures for 30 new reactive hazardous substances and 43 chemical groups, depending upon a company's volume and use of the chemicals.

DEP has proposed to list certain reactive chemicals as extraordinarily hazardous substances subject to risk management planning requirements of TCPA. These chemicals have the potential to explode if mixed with certain other chemicals, air or water and can result in death or permanent disability to people beyond a facility's property boundary.

New Jersey is the first state in the nation to propose requiring companies handling reactive chemicals to prepare accidental release prevention plans and examine safer technologies to prevent industrial incidents like the tragic ones that occurred at Napp Technologies in Lodi in 1995 and at Morton International in Paterson in 1998. The amendments to the TCPA rules also reinstate a requirement, which the state dropped in 1998, mandating that all facilities regulated under the program evaluate every five years state of the art technologies to reduce the risk of an accident and implement this technology if cost effective.

"History has shown that our residents need greater protections from the threat of hazardous chemical reactions in the industrial process," said DEP Commissioner Bradley M. Campbell. "This is made more important due to past changes to the standards, which removed the requirement that all companies use the best technologies available to prevent future, deadly accidents."

The Napp and Morton International accidents were the result of reactive chemistry interactions. The infamous explosion at the Napp facility resulted in five deaths, 40 residents hospitalized, hundreds of residents evacuated and the mobilization of 900 emergency responders from 30 towns.

The federal Chemical Safety and Hazard Investigation Board, which is the agency responsible for investigating chemical accidents, recently made recommendations to the U.S. Environmental Protection Agency and Occupational Safety and Health Administration concerning reactive hazards and the need for additional regulation of reactive chemicals. In 2001, the Bush Administration withdrew a plan to regulate reactive chemicals.

"Improving prevention plans to address the risks of reactives and to incorporate safer technology is good for business as well as for public safety," stated Commissioner Campbell. "I'm confident that New Jersey's companies share our interest in protecting our communities. This first-in-the-nation safety requirement should inspire similar action by states and businesses all across the country."

Currently, 105 companies are covered by the TCPA program and must implement risk management programs. These companies represent industries such as water treatment plants, chemical manufacturers, food manufacturers and processors, pharmaceutical companies, refineries, and warehouses. DEP also has proposed to list liquefied petroleum gas and its constituents as flammable extraordinarily hazardous substances. The amendments do not extend to propane retailers and users.

Approximately 40 additional companies are expected to become subject to the TCPA rules as a result of the proposed amendments because they use certain reactive chemicals or liquefied petroleum gas. Twenty-two companies currently regulated under TCPA are expected to have to comply with additional regulatory requirements for using the substances. These estimates include approximately nine facilities that likely will be regulated for liquefied petroleum gas, of which several already are in the TCPA program.

The most significant requirement proposed to be put back in the TCPA rules include the state of the art standard for risk reduction that was in place prior to 1998. The state of the art standard requires that the risk reduction plans developed by owners and operators reflect the most updated, cost-effective technologies available for minimizing the risk of catastrophic accidental releases. DEP also is proposing a state of the art standard for new processes when a facility expands or changes operations.

The goal of the TCPA program is to protect the public from catastrophic accidental releases of extraordinarily hazardous substances into the environment. TCPA rules require owners and operators of certain facilities to identify possible accidental release scenarios and evaluate risk reduction options to minimize the threat of a catastrophic release.

DEP worked with a group of industry, labor and environmental representatives to develop amendments to the current TCPA rules. The workgroup met three times during the summer of 2002, and again in November 2002 to discuss the Department's proposed changes.

DEP's proposed amendments to the TCPA rules were published in the February 18, 2003 New Jersey Register and posted on DEP 's website at www.state.nj.us/dep. DEP will hold a public hearing on the proposed amendments to the TCPA rules at 9:30 a.m. Monday, March 17, 2003 in DEP's Public Hearing Room. Public comments will be accepted until April 21, 2003.

 

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