DEP Opens Shellfish Beds in Monmouth County (03/P123)

Last modified on November 22nd, 2024 at 2:43 pm

FOR IMMEDIATE RELEASE
September 4, 2003

Contact: Elaine Makatura
(609) 292-2994

DEP OPENS SHELLFISH BEDS IN MONMOUTH COUNTY

(03/123) TRENTON – The New Jersey Department of Environmental Protection (DEP) today announced the reopening of shellfish harvesting in the Raritan Bay and Sandy Hook Bay.

The department closed the areas to harvesting because of degraded water quality resulting from the recent sewage release due to the power blackout.

DEP water samples show no further impacts from the discharges in New Jersey's waters. Samples of shellfish tissue also show that conditions have returned to normal and the waters are now acceptable for harvesting.

All New Jersey waters that were closed in response to the August 14 power outage are now reopened.

 

 

###

Related Links

 

DEP Negotiates Smart Growth Settlement for Heritage Minerals Property; Agreement Allows Limited Development Meeting High Environmental Standards (03/P122)

Last modified on November 22nd, 2024 at 2:43 pm

FOR IMMEDIATE RELEASE
September 4, 2003

Contact: Elaine Makatura
(609) 292-2994

DEP NEGOTIATES SMART GROWTH SETTLEMENT FOR HERITAGE MINERALS PROPERTY
Agreement Allows Limited Development Meeting High Environmental Standards

(03/122) TRENTON — The New Jersey Department of Environmental Protection (DEP) today announced a conceptual development agreement for the Heritage Minerals property in Manchester Township that will settle outstanding litigation brought by H. Hovnanian developers. The agreement, employing smart growth principles, allows clustered construction of 2,450 units on 1,000 previously disturbed acres, while protecting over 6,300 acres – including sensitive endangered species habitat – from future development.

"This agreement demonstrates a significant commitment to minimize environmental impacts and shows how limited, focused development can embrace smart growth – protecting New Jersey's natural resources while accommodating our growing population," said DEP Commissioner Bradley M. Campbell.

Since 1989, H. Hovnanian has been seeking to develop the Heritage tract, which includes a former mining site and straddles the Pinelands management area and the area regulated under Coastal Area Facility Review Act (CAFRA). The company's original proposal called for a six-phase development on the 7,000-acre site including as many as 15,000 residential units, 2,000,000 square feet of commercial development and a 160-acre golf course. Over the past fourteen years, DEP has reviewed permit applications for the first two phases, denying them for failure to be consistent with Pinelands rules and with DEP's coastal zone management rules.

In 1996, H. Hovnanian requested a hearing with an Administrative Law Judge in the Office of Administrative Law over the DEP's denial of the permit application for the first phase of development. While the judge ruled in favor of the DEP, the DEP offered the company another opportunity to prove that its application was consistent with Pinelands rules. DEP subsequently denied the application again and H. Hovnanian again requested a hearing with the Office of Administrative Law. In 2000, the company also filed suit in federal court.

The agreement announced today would settle all outstanding litigation between the developer, the DEP, and the Pinelands Commission.

As part of the proposed settlement, H. Hovnanian has agreed to retain all stormwater onsite, discharging it into the ground to help recharge natural aquifers and to eliminate harmful runoff that can pollute surface water and wetlands. The company also has agreed to connect to existing wastewater infrastructure, thereby avoiding discharge of residential sewage into groundwater or surrounding surface water.

In addition, H. Hovnanian will develop habitat conservation plans to protect endangered species during and after construction through a combination of habitat enhancement and preservation. Concerns about impacts on the pine snake, a threatened species in New Jersey, will be addressed through construction of a bridge and a series of culverts along the site's main access road to allow the snakes to travel between preserved forested areas.

The company has agreed to maintain buffers ranging from 150 to 300 feet around existing wetlands to minimize impacts to these sensitive areas. Lakes located on the property will have minimum development buffers of 75 feet and the use of the lakes will be limited to passive forms of recreation that do not use gas-powered boats.

"The final agreement is a sensible balance of environmental and economic interests," added Campbell. "Not only will strict environmental standards in developed areas help protect groundwater, surface water, endangered species habitat and wetlands, but several thousand acres will be preserved from development as well."

6,000 acres of the site – 3,000 in the Pinelands and 3,000 in the CAFRA area – will be protected through a conservation restriction on the deed and conveyance of the property to the state and/or a conservation group.

In addition to the land on the Heritage tract, H. Hovnanian has agreed as part of this settlement to protect 360 acres on another property in Berkeley Township from future development. This 360-acre parcel is the last unprotected part of the 3,000-acre "Berkeley Triangle" area that is an undeveloped, significant pine snake habitat, which the state has been working to preserve.

All of the development on the Heritage tract will be limited to the approximately 1,000-acre brownfield area previously disturbed by mining. This area has radioactive sand and groundwater contamination that will require H. Hovnanian to perform all DEP-required remediation prior to the commencement of any new construction. Except for needed access roads, none of the development will occur in the Pinelands portion of the site or in forested areas.

The settlement announced today does not authorize any development, nor does it provide guaranteed approvals of any permits. Instead, it provides a framework for the long-term process of permit applications, with ample opportunities for public comment.

 

###

Related Links

DEP Designates Four Brownfield Development Areas to Stimulate Reuse of Contaminated Sites; Cleanup Star Program for Consultants Created to Speed Remedial Work (03/P120)

Last modified on November 22nd, 2024 at 2:44 pm

FOR IMMEDIATE RELEASE
September 4, 2003

Contact: Fred Mumford
(609) 984-1795

DEP Designates Four Brownfield Development Areas to Stimulate Reuse of Contaminated Sites
Cleanup Star Program for Consultants Created to Speed Remedial Work

(03/120) Palmyra — New Jersey Department of Environmental Protection Commissioner Bradley M. Campbell today designated neighborhoods in Hillside, Irvington, Newark and Palmyra as Brownfield Development Areas to encourage cleanup and reuse of contaminated sites in these communities. Commissioner Campbell also announced the start of a Cleanup Star program to reform the role of environmental consultants by allowing those pre-qualified by DEP to work with developers and responsible parties to expedite site cleanups and redevelopment.

"Brownfield redevelopment is vital for the economic health of our existing cities and suburban centers and to stem the tide of sprawl," said Commissioner Campbell. "Under Governor McGreevey's leadership, New Jersey has enhanced its brownfields program to bring relief to neighborhoods blighted by contaminated sites and improve the quality of life and economic opportunities for local residents."

DEP's Brownfield Development Area (BDA) program works with selected communities impacted by multiple brownfield sites to implement remediation and reuse plans in a coordinated fashion. Under this designation, all brownfield sites within a development area will be assigned to a single case manager, who will coordinate with partnering state agencies to direct targeted technical and financial assistance to stimulate reuse. The plans will be developed under the direction of a local steering committee with support from DEP advisors.

"The BDA designation is critical to the Borough of Palmyra in our efforts to redevelop the brownfields area on the south side of Route 73," said Palmyra Mayor John Gural. "Palmyra is a small community with a limited tax base and without the resources of the BDA program we would be severely challenged."

Commissioner Campbell made the announcement at a former drive-in along Route 73 that is used as a flea market on weekends. Brownfield Development Area designations were also made for a neighborhood along the Elizabeth River in Hillside, Union County, and the Coit Street Redevelopment Area in Irvington and a portion of Lister Avenue in Newark, both in Essex County.

"The Township of Hillside is very excited to have secured this BDA designation," said Mayor Karen McCoy Oliver. "This designation will continue to allow Hillside to grow and attract new economic development opportunities. Hillside is committed to seeing all Brownfield sites utilized for their maximum potential.""By securing this designation, we have cleared a major hurdle for the remediation and reuse of brownfields sites," said Irvington Mayor Wayne Smith. "We will aggressively pursue every funding source to clean up the affected properties. This achievement is a critical component in our plan to redevelop Irvington's industrial zone, which in the long term, has the potential to attract a strong labor force and become a major player in the regional economy."

"Selection of the Lister Avenue Brownfield Development Area in Newark's East Ward by DEP will focus public and private financial and technical resources into a partnership with the City of Newark, area property owners, businesses and the Ironbound community," said Newark Mayor Sharpe James. "The result will be a better quality of life, more open space and jobs on former industrial sites. New enterprises on now vacant land will offer sites for business expansion and new tax ratables. I commend the Lister Avenue Brownfield Development Area's Steering Committee for forging such a promising public/private partnership for brownfield redevelopment and pledge full cooperation of the City of Newark to assure its success."

The Cleanup Star program is designed to achieve three main goals: increase the quality of the environmental consulting profession; facilitate remediation of low-risk sites; and allow DEP case managers to devote more resources to high priority cases. DEP will audit consultants' work to ensure regulatory compliance and protection of public health and the environment.

" Under the innovative Cleanup Star program, DEP will pre-qualify environmental consultants meeting all environmental standards for cleanups and rigorous training and professional requirements," said Commissioner Campbell. "These 'Cleanup Stars' will be permitted to expedite the investigation and cleanup of low-risk sites, subject to appropriate safeguards."

The Cleanup Star program will contribute to the improvement of the environmental consulting profession by establishing standards of excellence for consultants performing remedial work. Also, DEP case managers will have more time to focus on sites with greater environmental or public health concerns by relying on consultants in the Cleanup Star program to use their expertise at the least contaminated sites.

In terms of spurring redevelopment activity, the Cleanup Star program will allow uncontaminated or slightly contaminated property to move quickly through the DEP remedial process, allowing the properties to be sold or reused for important new purposes.

The investigation and remediation of Cleanup Star sites also must be completed in full compliance with the Technical Requirements for Site Remediation, which are DEP's regulations governing all phases of the site remediation process.

NJDEP anticipates that homeowner underground heating oil storage tank cases, brownfield sites on which there is no trigger for investigation of ground water contamination, discreet spills where a discharger is pursuing final cleanup approval and certain other sites are the types that may be eligible to proceed through the Cleanup Star Program.

DEP will post a Request for Participation and a Cleanup Star Application on DEP's Site Remediation Program web page. Environmental professionals are encouraged to review the Cleanup Star application and to apply if they meet the specified criteria.

 

###

Related Links

State Deploys Decommissioned Subway Cars in Artificial Reefs; Next Round of 50 Cars Splashed at Garden State North Reef Site (03/P121)

Last modified on November 22nd, 2024 at 2:44 pm

FOR IMMEDIATE RELEASE
September 3, 2003

Contact: Peter Boger
(609) 984-1795

STATE DEPLOYS DECOMMISSIONED SUBWAY CARS IN ARTIFICIAL REEFS
Next Round of 50 Cars Splashed at Garden State North Reef Site

(03/121) TRENTON — The New Jersey Department of Environmental Protection (DEP) dropped a fourth round of 50 subway cars today at the Garden State North Reef Site for use in the state's artificial reef program. The decommissioned subway cars are part of 250 acquired from the New York Transit Authority (NYTA).

"Our artificial reef program provides tremendous benefits to fishermen, divers, and our shore economy," said DEP Commissioner Bradley M. Campbell. "As a pilot project, research at reef sites that include these subway cars will enhance our understanding of marine ecosystems."

Past studies of artificial reefs suggest that subway cars may be colonized by up to 200 species of fish and invertebrates. Reefs have 800 to 1,000 times more biomass than open ocean. Artificial reefs can also form important nurseries for juvenile fish.

DEP deployed the first 50 subway cars at Cape May Reef on July 3, followed by 50 cars at Deep Water Reef off Ocean City on July 16 and 50 cars at the Atlantic City Reef on July 25. The remaining 50 subway cars will be allocated to the Shark River Reef off of Monmouth County.

The 1.1-square mile Garden State North Reef Site is approximately 6.5 miles offshore from Harvey Cedars in Ocean County and currently is comprised of almost 37,000 cubic yards of vessels, tanks, specially-designed "reef balls" and other materials.

Since 2001, NYTA's artificial reef program has deployed over 1,000 decommissioned "Redbird" subway cars at reefs in Delaware, South Carolina, Virginia and Georgia. NYTA bears all costs associated with cleaning the cars and transporting them to the reefs.

Each Redbird car is approximately 51 feet in length and nine feet in width and height. Prior to deployment, NYTA strips each car of all tanks, plastic, degradable materials, and grease to avoid contamination of the marine ecosystem.

DEP has formed an independent committee to oversee a multi-year monitoring program at the subway car sites that will study water quality, fisheries and biota, and the durability of the reefs. The committee will convene early this fall for an initial review of the subway car deployment.

Prior to the committee's final report, the state is implementing a moratorium on placement of any additional artificial reef material, with the exception of rock, concrete, and ships and barges.

 

###

Related Links

DEP Commissioner Campbell Warns Unlawful Off-Road Vehicle Operators that Public Lands are Off Limits (03/P119)

Last modified on November 22nd, 2024 at 2:44 pm

FOR IMMEDIATE RELEASE
August 28, 2003

Contact: Amy Cradic
(609) 984-1795

DEP Commissioner Campbell Warns Unlawful Off-Road Vehicle Operators that Public Lands are Off Limits

(03/119) TRENTON – TRENTON – Emphasizing the growing risk to public safety and increased damages to New Jersey's natural resources, state Department of Environmental Protection (DEP) Commissioner Bradley M. Campbell today warned potential violators that regulations prohibiting off-road vehicle (ORV) use on public lands are being strictly enforced.

"We have zero tolerance in dealing with illegal off-road vehicle operators who pose an increasing threat to public safety and are causing extensive damage to protected natural resources," said DEP Commissioner Campbell. "We are actively conducting area enforcement sweeps to deter illegal operators, impounding unregistered and uninsured vehicles, and seeking maximum fines for all violators."

Between January 2003 and the second week of August 2003, DEP conservation officers and park rangers issued 484 summonses against individuals participating in illegal ORV activities, resulting in fines of up to $1,000 per violation. A total of 62 vehicles were impounded over the same time period, and 48 individuals were arrested and jailed.

During the year's first, three-day enforcement operation conducted Memorial Day weekend, conservation officers targeted illegal ORV use on the Forked River Mountain and Greenwood Wildlife Management Areas that resulted in the issuance of 56 summonses, four criminal charges, two township ordinance violations and four vehicle impoundments.

Illegal ORV use results in pollution, damage and destruction of sensitive natural resources such as forest, streams and wetlands. In many cases, these resources are destroyed and can not be restored.

In addition to the negative environmental impacts resulting from inappropriate and unlawful use of ORVs, the safety of department personnel has been at risk. Conservation officers and park rangers have been threatened and, in some cases injured, by off-road vehicle users while responding to illegal ORV activities.

"There have been 161 incidents where our conservation officers needed to take evasive actions to avoid being injured and struck by ORVs, and four officers were struck and injured," Commissioner Campbell added. "ORV use on state lands continues to place a major burden on our limited workforce and fiscal resources that should be used to manage our wildlife and natural resources instead of unlawful activities."

An incident resulting in an injured conservation officer took place at Clarks Pond Wildlife Management Area, Cumberland County, on May 18, 2003, when an officer attempting to stop an illegal ORV was struck and thrown 32 feet. The impact resulted in a fracture of the officer's leg and a severe knee injury requiring surgery and rehabilitation. Two individuals were placed under arrest as a result of the incident.

Between May through September, on average approximately 45 percent of DEP conservation officers' time is spent addressing illegal ORV use on state lands. Annually, increased enforcement costs are approximately $140,000 for fish and wildlife and $757,000 for parks and forestry – totaling nearly $900,000.

In October 2002, Commissioner Campbell announced a new policy regarding Off Road Vehicle (ORV) activities on DEP-administered lands that calls for strict enforcement of laws prohibiting ORV use on state property. The policy initiated ongoing cooperative efforts between the DEP and the Department of Transportation to establish further sanctions to deter ORV violators. In addition, new laws are being sought to ensure safe ORV use on specially designated lands, including a comprehensive licensing, registration and training program for all ORV operators.

Commissioner Campbell added that while illegal ORV use is not tolerated, the department supports the safe and proper use of ORVs in designated areas or during specially permitted events.

Acknowledging that proper ORV operation has a recreational value to a growing number of residents in the state, the DEP's new policy also calls for its Office of Natural and Historic Resources to develop appropriate recreational areas for lawful ORV use – while meeting the policy's safety and natural resource protection requirements. Two such facilities will be established and in full operation by 2005.

 

###

Related Link

 

DEP Conducts First Study of Urban Forest Health (03/P118)

Last modified on November 22nd, 2024 at 2:44 pm

FOR IMMEDIATE RELEASE
August 25, 2003

Contact: Jack Kaskey
609-984-1795

DEP Conducts First Study of Urban Forest Health

(03/118) TRENTON – The Department of Environmental Protection's (DEP) Forest Service is surveying the health of the state's urban forests this summer and fall, the first time such a study has been undertaken in New Jersey.

"The long-term benefits of trees in urban communities are undeniable," said DEP Deputy Commissioner Joanna Samson. "Trees clean our air, they filter our water and they keep summer temperatures down. That is why it is important to study the health of our urban forests, and that is why Governor McGreevey has set a goal of planting 100,000 trees in our neighborhoods."

Funded by the U.S. Forest Service, the DEP's urban forest survey is the first of its kind in New Jersey and the third such survey in the nation. The $200,000 study will focus on 182 plots of urban trees. The survey will analyze basic tree statistics such as height, crown condition, physical damage, as well as impacts from insects and disease. The survey will generate comprehensive data that will enable the DEP and local communities to enhance and improve the management of New Jersey's urban forests.

DEP is notifying private landowners whose trees will be surveyed as part of the noninvasive study. Residents are encouraged to allow state foresters on their property to study trees in order to conduct the most accurate sampling of the state's urban forests.

The New Jersey Forest Service will complete the surveys in the summer of 2004. The state Forest Service plans to conduct additional studies every five years to evaluate the long-term health of urban forests. If successful the U.S. Forest Service may extend the urban assessment program to other states.

"The U.S. Forest Service selected New Jersey as a model state because of its demonstrated commitment to improving the quality of life in cities and towns through the planting and care of trees and forests," said Kathryn Maloney, the USDA Forest Service's northeastern area director.

Studies have shown that trees provide numerous environmental benefits to urban areas. Their leaves help improve air quality by absorbing noxious gases and trapping particulate matter from the air. Trees also help filter and clean water supplies, reduce water runoff, flooding, erosion and storm-water management costs.

According to a recent EPA study, summer surface temperatures in Newark are on average 10.6 degrees Fahrenheit higher than suburban surface temperatures, an effect known as the "urban heat island." Trees can help lower urban temperatures by six to 19 degrees.

Trees reduce noise pollution by absorbing sounds, and they offer protection from winter winds and blowing snow. Trees make towns more attractive to business and tourism, transforming a neighborhood's appearance and increasing home market values, as they bring nature closer to where we live and work.

 

 

###

Related Link

 

DEP Establishes Stricter Pollution Limits to Safeguard New Jerseys Waterways (03/P117)

Last modified on November 22nd, 2024 at 2:45 pm

FOR IMMEDIATE RELEASE
August 22, 2003

Contact: Amy Cradic
(609) 984-1795

DEP Establishes Stricter Pollution Limits to Safeguard New Jersey's Waterways

(03/117) TRENTON – Moving forward with an accelerated plan to reduce pollution in New Jersey's streams and rivers with impaired water quality, state Department of Environmental Protection (DEP) Commissioner Bradley M. Campbell today announced the adoption of new, stricter limits on the amount of fecal coliform going into more than 300 miles of waterway in the state.

"Controlling the amount of pollutants like fecal coliform that enter New Jersey's rivers and streams advances the McGreevey Administration's larger efforts to protect and improve the quality of the state's precious water resources," said DEP Commissioner Campbell. "Our next step is to track down and identify the sources of fecal coliform contamination in the targeted waterbodies so that we can effectively control, reduce or eliminate the pollution at its source."

The federal Environmental Protection Agency (EPA) approved 34 pollution limits or Total Maximum Daily Loads (TMDLs) for fecal coliform for impaired waterbodies in New Jersey's Northeast watersheds. The DEP has established an additional 134 TMDLs for fecal coliform in the remainder of the state in the Northwest, Lower Delaware, Raritan and Coastal Water regions, which are awaiting EPA approval. EPA approval also is pending for an additional 35 TMDLs for lakes where phosphorus is the pollutant of concern.

The thirty-four approved TMDLs address 305 river miles or approximately 87 percent of the total river miles impaired by fecal coliform (there are approximately 352 miles of fecal coliform impaired river miles) in the Northeast watershed region. To achieve water quality standards in the impaired waterbodies, reductions in the fecal coliform load will range from 37 to 98 percent. The DEP is partnering with local entities to identify the water pollution caused by nonpoint sources. Additional monitoring by the department will determine if the contamination source is human or nonhuman and what appropriate corrective actions are needed to control or eliminate the pollution source.

Under the 1972 federal Clean Water Act, states must develop lists of waterways that do not meet minimum federal water quality standards. In addition, states must establish TMDLs for these impaired waterbodies, which specify the maximum amount of a pollutant the impaired lake or river can receive and still meet water quality standards. A TMDL allocates pollutants among existing point and nonpoint sources, so that the total pollutant amount will not exceed the overall maximum limit set for each waterbody. By law, EPA must approve or disapprove impaired waterbody lists and TMDLs established by states.

The 34 approved TMDLs establish fecal coliform reductions for segments of the following impaired waterbodies: the Macopin River, Wanaque River, Ramapo River, Saddle River, West Branch of the Saddle River, Ramsey Brook, Hohokus Brook, Passaic River, Preakness Brook, Deepavaal Brook, Diamond Brook, Goffle Brook, Peckman River, Hackensack River, Pascack Brook, Musquapsink Brook, Tenakill Brook, Coles Brook, Black Brook, Dead River, Rockaway River, Canoe Brook, Beaver Brook, and Stony Brook.

In September 2002, DEP and EPA signed a memorandum of agreement that formalized New Jersey's commitment to establish TMDLs. Prior to the agreement, only eleven TMDLs had been approved for New Jersey by EPA over the previous eight years. Under the new agreement, the DEP agreed to establish 155 fecal coliform and eutrophic lake TMDLs by June 30, 2003. DEP established 203 TMDLs prior to the deadline and is waiting for EPA approval for the remainder of the TMDLs.

"Our agreement with EPA strengthens New Jersey's position as a leader among states complying with the Clean Water Act and benefiting from its environmental safeguards," added Commissioner Campbell.

As per the agreement, EPA will provide DEP programmatic and legal guidance, financial support via grants and contracts, and technical assistance with the TMDL program implementation.

In 2003 and 2004, the department will develop and establish additional TMDLs and other management approaches to address phosphorus impairments in the entire non-tidal Passaic River Basin, Rancocas Creek, Pennsauken Creek, Cooper River, Manasquan River, Wallkill River and Papakating Creek. Temperature problems in the Pequannock River will be addressed, as well as Arsenic in the Wallkill and pH in the Atlantic Coastal and Lower Delaware Water regions. New Jersey also is participating in a tri-state effort with Delaware and Pennsylvania to develop four TMDLs for PCBs in the Delaware River. Because the Delaware River is a shared waterbody, the Delaware River Basin Commission is taking the technical lead in the joint project, with the EPA agreeing to establish the TMDLs. The target date for establishing TMDLs for the Delaware River is December 15, 2003. A public hearing for the Delaware River TMDLs is scheduled for October 16, 2003 from 7:00 p.m. to 9:00 p.m. at the Independence Visitor Center in Philadelphia, which is located at 1 North Independence Mall West at Sixth and Market streets.

Fecal coliform enters a waterbody from a number of sources including human, excessive populations of geese, domestic or confined animals, agricultural practices, and wildlife. Fecal coliform from these sources can reach waterbodies directly, through overland runoff, or through sewage or stormwater conveyance facilities. The DEP is addressing the fecal coliform impairment of waterbodies through monitoring, systematic source trackdown, matching management strategies with types of sources, identifying responsible entities and aligning available DEP multi-program resources to implement the TMDLs.

 

###

Related Link

 

Sandy Hook Bay Re-Opens to Shellfishing (03/P116)

Last modified on November 22nd, 2024 at 2:45 pm

FOR IMMEDIATE RELEASE
August 20, 2003

Contact: Jack Kaskey
609-984-1795

Sandy Hook Bay Re-Opens to Shellfishing

(03/116) TRENTON – The Department of Environmental Protection (DEP) today lifted a temporary closure of shellfish beds in much of Sandy Hook Bay after water sampling results showed the effect of last week's sewage spill is abating.

Marine water tests conducted every day since Saturday reveal only a third of the harvestable shellfish beds in Sandy Hook and Raritan bays were affected by the spill. The re-opened shellfish beds consistently showed acceptable water quality samples, but were closed as a public health precaution in case the tainted water spread.

DEP Deputy Commissioner Joanna Samson ordered a portion of the shellfish beds in Sandy Hook Bay re-opened in areas that never tested above the shellfish harvesting standard for fecal coliform. Shellfishing on the re-opened beds will resume Thursday morning.

Shellfish beds in Raritan Bay and a portion of Sandy Hook Bay remain closed pending the results of further water sampling. Additional areas could be re-opened within the next week. Shellfish beds that exceeded fecal coliform standards will remain closed for several weeks to give the shellfish time to purge themselves of contaminants.

About 25,000 acres of shellfish beds in Raritan and Sandy Hook bays were closed Sunday after widespread power outages last week allowed about 500 million gallons of raw sewage from New York City to bypass some treatment facilities. About 2 million gallons bypassed a treatment plant in Newark.

 

###

Related Link

 

DEP Commissioner Campbell Proposes New Incentives to Encourage Businesses to Self-Disclose Environmental Violations (03/P115)

Last modified on November 22nd, 2024 at 2:45 pm

FOR IMMEDIATE RELEASE
August 20, 2003

Contact: Amy Cradic
(609) 984-1795

DEP Commissioner Campbell Proposes New Incentives to Encourage Businesses to Self-Disclose Environmental Violations

(03/115) TRENTON – To encourage companies to take a proactive role and achieve greater environmental compliance, New Jersey Department of Environmental Protection (DEP) Commissioner Bradley M. Campbell proposed a new rule that provides businesses financial incentive to voluntarily discover, promptly correct, and report environmental violations.

"These incentives to self report violations encourage the early detection and prompt correction of environmental problems that may otherwise languish until a scheduled inspection," said Commissioner Campbell. "Facilities that self report and, more importantly, self correct violations will not face as harsh of penalties as those facilities who wait for the department to find an environmental problem."

Under the newly proposed self-disclosure rules, new standards are established to reduce penalties for violations of environmental laws that a business voluntarily discovers, reports and immediately addresses. The penalty reduction incentives supplement, but do not replace, existing enforcement strategies to achieve environmental compliance.

As part of the rule, businesses are eligible for a 100 percent penalty waiver for self-disclosed minor environmental violations that pose a minimal risk to public health, safety and natural resources and a 75 percent penalty reduction for self-reported moderate violations that are more serious but do not cause serious harm to public health or the environment. Minor violations include administrative and certain paperwork requirements. Small businesses are eligible for 100 percent reduction for both minor and moderate violations.

"Our goal is to increase the number of regulated businesses that take a proactive role in identifying environmental violations, " added Commissioner Campbell. "Simply put, the self-disclosure rule recognizes and rewards compliance efforts by proactive, environmentally conscientious facilities."

Once the self disclosure rule is enacted, businesses will be able to fill out a simple form on DEP's website to quickly and easily report the results of their own examinations of their facilities.

The proposed rules contain safeguards to ensure that violations that have caused serious harm to the environment or the public or that involved a pattern of inappropriate conduct on the part of corporate officials will not be eligible for penalty reductions. In order to achieve the self-disclosure incentives a business must:

Voluntarily discover and disclose the violation independently of a government agency – if the DEP finds a violation during an inspection it can not be self-disclosed;

Disclose a violation within 21 days of its detection; and
Promptly correct the violation.

Repeat violations do not qualify for self-disclosure incentives.

The DEP's proposed self-disclosure rule is consistent with the principles outlined in the federal Environmental Protection Agency's (EPA) incentive program adopted in 1995 and revised in 2000. After EPA adopted its self-disclosure policy, the number of companies disclosing actual or potential violations increased from 670 companies to more than 2,700 facilities over a four-year period.

The DEP's self-disclosure rule proposal was published in the August 18, 2003 issue of the New Jersey Register and can be accessed at: http://www.state.nj.us/dep/enforcement. A public hearing is scheduled for Monday, September 29 at 10 a.m. in the DEP's public hearing room in Trenton.

The written public comment period is 60 days. Comments should be submitted by October 17, 2003, to:

Attn: Alice Previte, Esq.
DEP Docket No. 15-03-0 7/379
Office of Legal Affairs, NJ Department of Environmental Protection
PO Box 402
Trenton, NJ 08625-0402

 

###

Related Link

 

Power Outage Forces Shellfishing Ban in Raritan and Sandy Hook Bays; About 25,000 Acres Affected (03/P114)

Last modified on November 22nd, 2024 at 2:45 pm

FOR IMMEDIATE RELEASE
August 18, 2003

Contact: Jack Kaskey
609-984-1795

Power Outage Forces Shellfishing Ban in Raritan and Sandy Hook Bays
About 25,000 acres affected

(03/114) TRENTON – The Department of Environmental Protection (DEP) has temporarily closed Raritan and Sandy Hook bays to shellfishing to protect public health after widespread power outages last week allowed raw sewage from New York City to bypass some treatment facilities.

DEP Deputy Commissioner Joanna Samson ordered the shellfish beds closed on Sunday, immediately after receiving results of marine water tests conducted Saturday. Those tests found four of 23 water samples exceeded the shellfish-harvesting standard for fecal coliform. Tests on samples taken Sunday show conditions have not changed.

The spill has so far affected about a quarter of the harvestable waters in Raritan and Sandy Hook bays, but the DEP has taken the precautionary step of closing all harvestable waters, about 25,000 acres, in the two Monmouth County bays.

Re-opening of these waters will be based on results of continued water monitoring. Once it is clear that bacteria levels are subsiding, the unaffected shellfish beds may be re-opened after two consecutive days of acceptable water-quality readings. Additional weeks of closure will be required in shellfish beds where fecal coliform levels exceeded standards, so the shellfish have time to purge themselves of contaminants.

The bulk of the pollution came from New York City sewage that bypassed two treatment facilities and a pump station in New York during the North American power outage that began Thursday afternoon.

 

###

Related Link