WolfeNotes.com

But the age of truth will soon appear, Aquarius arrives
A man’s a man who looks a man right between the eyes.

~~~ Crosby Stills, Nash, and Young (1970) (listen)

I picked this guy up on the way home from Trenton today – he was crossing the street.

Funny, I picked a snapping turtle up off Rt. 29 just last night in Stockton by Prallsville Mills – almost lost a finger! Back to back turtle rescue – must be an omen!

Although I gave some kick ass testimony to the Senate Environment Committee on the waiver rule, the turtle was the highlight of my day.

I knew turtles were slow, but never knew how patient one must be to wait for them to come out of their shell.

After more than an hour standoff, the turtle won the battle of wills – and I lost a good shot of the bright color of his neck and legs.

Aquarius arrives!

But not so fast! – I came across that snapping turtle last night on Rt. 29 on my way home from Bull’s Island.

I went out there last night too see how the high flowing river was impacting the recently installed restoration work along the Canal and riverfront.

According to some hacks in DEP management, I was “trespassing” again. WRONG!

The restoration work was Ordered by the US Army Corps on Engineers (USACE), along with the Hunterdon County Soil Conservation District (SCD). Both agencies took enforcement action for violations of the USACE dredge permit by the NJ Water Supply Authority and engaging in illegal un-permitted bulldozing and fill on 450 feet of the riverfront.

You recall, these are the reckless and wanton violations of environmental laws that Larry Rangonese of the DEP Press Office  called me “completely ridiculous and irresponsible” for reporting to government agencies and the press.

Are the USACE and Hunterdon SCD “completely ridiculous and irresponsible” too Larry?

As a result of my “completely ridiculous and irresponsible actions“, all that illegal fill was removed before it could be washed out by last night’s high flowing river.

Rich Boornazian, former real estate man - now DEP Assistant Commissioner for Natural and Historic Resources

Now that the Canal and riverfront are being restored, I have a word of advice for DEP Commissioner Bob Martin and his real estate hack of an Assistant Commissioner for Natural Resources regarding their hair brained scheme to clear cut mature trees and all vegetation – including huge 200 year old sycamores - from 5.22 acres of the Island:

Fogeddaboudit!

Word on the street is that phone calls were made from high places in DEP to advise that Commissioner  Martin has decided and warn environmentalists to just sit down and shut up (and stop “trespassing”).

As my grandfather used to say: well, I’ve got new for you pal!

DEP Bob Martin - "the decider"

First of all, you are not some kind of King that can go around arrogantly dictating these destructive decisions with no public input or consultation with federal and state agency partners with interests in the Island.

Second of all, the alleged “science” supporting your clearcut decision is fatally flawed.

Third, your perception of environmental risk is warped.

Air and water pollution from chemical plants and oil refineries and toxic waste sites are no problem and deserve “regulatory relief” and “customer service” by DEP, but TREES are  DEADLY? Are you kidding me!

You make Ronald Reagan’s statement that trees cause air pollution seem progressive!

And most importantly, this will be  a huge fight-  and I plan to see to it that  you will lose and that the trees and critters – will win. WE are not gonna let this happen. Period.

DEP  Preference for Riverfront View:

DEP bulldozed vegetation and filled Delaware Riverfront - no permits. USACE ordered restoration - looks like DEP has not revegetated.

Here’s my preference for a riverfront view – DEP would destroy this by a clearcut:

Let’s repeat that: Here’s DEP preference:

My preference – which would be destroyed by DEP clearcut:

Senate Environment Committee to Hear Substitute “Forest Harvest” Bill

Tomorrrow the Senate Environment Committee will hear a substitute version of Senator Smith’s controversial “Forest Harvest” bill, S1085 (old version).

There are a bunch of significant and controversial bills on the agenda, including SCR 59, a legislative veto of the “waiver rule” (See excellent NJ Spotlight story), so the forestry bill could fly under the radar.

I’ve written previously about the troubling forest and public lands issues raised by that bill, and some of those issues remain in the substitute version. But, for today, I will leave the forestry aspect to others, who have far more knowledge than I.

Instead, today I will focus on one disturbing aspect of the bill that has gotten no attention.

NJ 2002 PM 2.5 emissions (Source: NJDEP)

The bill would promote “controlled burns” as a forestry management technique, on a statewide basis. The bill would also encourage more burning of firewood.

Thus, the bill would have significant adverse impacts on air quality and public health.

Here is NJ DEP emissions inventory data for particulate matter.

Please read my letter to Chairman Smith, the sponsor, requesting that the controlled burn provisions be eliminated.

Dear Senator Smith:

I wanted to provide emissions data and science to support my concerns on the controlled burn provisions of substitute for S1085, which I understand will be expanded from the Pines to statewide. 

As you know, north jersey hardwood forests are ecologically very different from Pines, particularly with respect to the role of fire. The human population, population density (exposure potential) and ambient air quality in north jersey are significantly worse as well. 

In addition to air quality and public health concerns, please be advised that increased incremental emissions from prescribed burns (and residential wood burning from harvested wood) would need to be factored into NJ’s SIP. 

Thus, the forestry practices of S1085 could have an unintended and significant consequence of forcing costly emissions ratchet down on other commercial and industrial sources to achieve instate PM 2.5 NAAQS.

The Mid-Atlantic Regional Air Management Association (MARAMA) made a presentation to the NJ Clean Air Council on April 11, 2012 that provided emissions inventory data and projections.

MARAMA identified prescribed burns and wood burning stoves as significant sources of PM 2.5 (and other pollutants, including ozone precursor VOC’s).

According to the MARAMA regional air emissions inventory, PM 2.5 emissions in NJ declined from 19,350 tons per year in 2002, to 14,292 tons in 2007, a significant 35% reduction. Thus, new emissions from prescribed burns expanded by the bill would wipe out this progress on clean air and adversely effect public health.

Worse, PM 2.5 emissions were projected to rise (most current model) to 15,926 TPY in 2009, an 11.4% increase.

With additional emissions from forestry managed controlled burns and more combustion from wood burning stoves, compliance with EPA NAAQS air quality standards is made more difficult and costly.

Corporate Control Over New Jersey’s Environmental Science

 New Regulatory Standards Blocked – Existing Standards Prone to Rollback

DEP Commissioner Bob Martin’s testimony before the Senate Budget Committee last week let some very big cats out of the bag. Let me explain:

1. The Science Advisory Board is Prone to Abuse

Martin confirmed our warnings about the DEP Science Advisory Board (SAB).

Martin stated that the DEP SAB would be charged with the science regarding drinking water standards – and all other environmental standards set by DEP, including groundwater, surface water, and soil standards. We see major problems with that (see press release below from PEER)

2. The Drinking Water Quality Institute is Dead

Martin was asked about why the Drinking Water Quality Institute was no longer meeting and why DEP had not adopted scores of new drinking water standards the DWQI had recommended.

In response, Martin confirmed our prior warnings that the NJ Drinking Water Quality Institute (DWQI) has effectively been killed. The DWQI has not met for over 18 months and DEP has not adopted and of its recommendations to strengthen and update scores of drinking water standards to reflex current science and protect the health of NJ residents. Martin has issued a de facto moratorium in response to embarrassing media reports on recommendations by the Health effects Committee on controversial chromium standards.

The DWQI was created by the Legislature and given the responsibility to develop science based recommendations to DEP regarding promulgation of health based drinking water standards known as “maximum contaminant levels” (MCLs).

3. The Highlands Septic Density Standard is Vulnerable

Martin raised Red Flags regarding the SAB in terms of an imminent decision he will make in litigation on the Highlands septic density standard.

In addition to the numeric standards mentioned above, there are other regulatory standards that Martin has asked the SAB to review, most importantly, the 88 acre “septic density standard” in the Highlands. That density standard is the backbone of the Highlands Master Plan and the DEP Highlands regulations.

The Highlands septic density stand is based on a modification to the DEP’s nitrate dilution model. The longstanding DEP “nitrate dilution model” was revised to reflect the Highlands Act mandate to protect groundwater from degradation, based on “deep aquifer recharge”  (see: DEP Basis and Background document).

That standard is under attack politically and by litigation filed by the NJ Farm Bureau (see: Is Bob Martin Sabotaging the Highlands Septic Density Standard?

In response to the Farm Bureau litigation, in early 2010, Martin pledged to the Court that he would take “a fresh look” at that standard.

A year later, as the DEP was about to submit briefs to the Court that would defend or jettison that standard, the SAB issued a Report to Martin on it. The SAB issued findings to Martin on the nitrate dilution model in a March 14, 2011 Report.

The SAB Report basically supported the DEP’s nitrate dilution model, specifically its use on a regional scale to support land use planning. However, the SAB was not specific in findings regarding how the model was modified and applied in the Highlands.

Given that ambiguity,  we warned:

Dangerously, the SAB findings may serve as a pretextual scientific basis to unravel the Highlands septic density standard in the DEP Highlands regulations.

The Court’s June 2011 hearing of the case was again postponed. Martin finally must respond to the Court next month – that response will determine the fate of both the septic density standard and the land use protections in the Highlands.

4.. There is a de facto Moratorium on Science Based Regulatory Standards 

Martin revealed that the science and regulatory standards development process at DEP is badly broken. There no longer is a smooth integration between DEP science and the promulgation of regulatory standards.

It is now transparently obvious that the SAB is being used as cover for an informal moratorium on DEP regulatory standards.

Basically, Martin has derailed the relationship between DEP science and the translation of that DEP science into regulations.

Our friends from PEER explain below:

Corporate Takeover of New Jersey’s Environmental Science

Hand-Picked Science Advisors Meet in Secret to Produce Un-Reviewed Reports     

Trenton — With no legislative involvement, New Jersey has handed control over key environmental and public health science to a politically-selected group of advisors, several of whom have industry ties, according to Public Employees for Environmental Responsibility (PEER).  As a result, Governor Chris Christie has snuffed out independent public agency science and shelved years of important scientific work on vital topics such as risk assessment and development of standards governing drinking water safety, air and water quality, toxic cleanups, and land use planning and regulation.

The 16-member Science Advisory Board is selected by and answers to the Commissioner of the Department of Environmental Protection (DEP).  In public testimony, Bob Martin, the current Commissioner, says he has charged this interdisciplinary advisory board with making scientific calls on a broad portfolio of eco-issues.  Yet, despite this outsized role, the Science Advisory Board –

• Does not allow the public to attend its meetings, which occur mainly via conference calls;
• Has no posted agenda or regular schedule of meetings.  The Board last met in June 2011;
• Works only on issues put before it by the Commissioner;
• Lacks any independent review of its work products, which may or may not be published subject to the sole discretion of the Commissioner; and
• Allows a “confidential” screening for potential conflicts-of-interest from employers or clients, again subject to the sole purview of Commissioner Martin.

“By using an essentially private advisory board, the Christie administration has put a very tight choker leash on any genuine scientific inquiry into an array of burning environmental issues,” stated New Jersey PEER Director Bill Wolfe, a former DEP analyst.  “Scientific integrity benefits from true transparency, rigorous peer review and robust public debate – all elements absent from how this Board operates.”

The stultifying shadow of the Science Advisory Board is already having big effects:

• The state’s 27-year old Drinking Water Quality Institute, which determines the scientific basis of maximum contamination levels for chemicals in drinking water, has been virtually jettisoned.  In March 2009, the Institute issued a report recommending new or tighter standards for 13 chemicals but that report was shelved and its chair resigned in frustration;

• The Science Advisory Board has only produced two very narrow reports.  One of those reports, on diesel emission retrofit technology, is so opaque as to be virtually useless; and

• Commissioner Martin indicates he plans to use the board as a tool to weaken or eliminate current standards on stream buffers and aquifer protections.

“This Advisory Board is employed as a crowbar to decouple science from the development of public health and environmental standards such that regulatory standard-setting has been completely derailed – which was likely the game plan all along,” added Wolfe, pointing out that it was outgoing Commissioner (now EPA Administrator) Lisa Jackson who eliminated the DEP Science Division as part of a Gov. Jon Corzine initiative creating the Science Advisory Board.  “By politicizing environmental science, affected industry not only has a seat at the table, it controls the table and what is put on the table for consumption.”

###

Examine lack of transparency or process in Science Advisory Board (SAB)

See industry ties into SAB

Look at one of its few indecipherable reports

Review how Christie functionally dismantled Drinking Water Quality Institute

View how corporate pay-to-play works in New Jersey

Revisit Lisa Jackson role in abolishing DEP Science Division and creating SAB

New Jersey PEER is a state chapter of a national alliance of state and federal agency resource professionals working to ensure environmental ethics and government accountability 

Superfund Is Designed to Protect Human Health and The Environment

EPA Cleanup Allowing Local Interests to Place Too Much Focus on Redevelopment and Local Property Tax Ratables

I wandered up the Delaware River to Milford NJ on a rainy Monday night for an EPA update on the progress of Superfund cleanup of the former Curtis Specialty Papers industrial site.

This site is located on the banks of the Delaware, a Congressionally designated “Wild and Scenic River” and adjacent to one of NJ’s most heavily used State Parks, the nationally recognized D&R Canal State Park. It is environmentally sensitive, to put it mildly.

Right now, the site is a huge regional eyesore for those living, bicycling, driving, or walking along the river.

PCB’s and other toxic contaminants from the site may be migrating off-site and into the river.

The EPA did a good job in presenting fairly detailed reports on various aspects of the cleanup – site characterization and long awaited building demolition are underway.

So, let’s keep it simple and just say that my comments tonight to EPA on how to strengthen the cleanup approach curiously generated far too much resistance from certain local politicians, who seemed more concerned with redevelopment issues and local property tax ratables, than they were in protecting public health and the environment.

It seems that EPA is deferring to these local interests in certain aspects of the site cleanup. Let me explain:

During the course of tonight’s meeting, several residents and local officials spoke up to  downplay the risks from the site. They did so in a way that consistently praised and protected the interests  of the corporate RP’s (International Paper and Georgia-Pacific).

Of course, I didn’t quite see things this way and spoke up to make my point clear.

Several times, it got heated and local political hacks attacked me personally – one man, repeatedly. If he weren’t so old and fat, I might have just kicked his ass on the spot!

Unfortunately, many of the 23 local residents who attended the meeting seemed to agree with a priority focus on redevelopment and tax ratables. The local line: “That plant used to provide 40% of our tax base.  If you keep focusing on cleanup issues, we won’t be able to redevelop and get a new ratable in there”

Some even went so far as to request that EPA use the cleanup process to improve their own private property, upstream of the site!

CAG members repeatedly objected to my reasonable recommendations, even minor and basic stuff that would not cost taxpayers a dime, like asking for:

• installation of fences and warning signs to limit site access to kids;
• revegetation of the former industrial wastewater impoundment area along the river that was excavated and now looks like a huge ugly scar along the river;
• providing an opportunity for the public to comment on important EPA regulatory agreements before they are finalized, like the historical resources MOA and the draft remedial work plan documents;
• clearly attributing the localized PCB contamination to the corporate responsible parties (there were a host of excuses claiming that other sources were the problem);
• I opposed costly,  unnecessary, and unauthorized EPA actions that are solely designed to maximize the redevelopment of the site, things like like preserving building slabs, foundations, and surveying elevations to anticipate NJ DEP flood hazard and redevelopment permit restrictions (all this focus on redevelopment, while ignoring the fundamental issue of cleanup standards for the site, which ultimately will determine the site’s reuse potential).

Why would local residents oppose any of that?

So, let’s tell this disappointing story from the beginning.

My primary objective in attending this meeting was to impress upon EPA the need to immediately stabilize the stream bank (see above photo).

But I also planned to take EPA to task for putting the cart before the horse and generating totally unrealistic expectations among local residents and officials.

Specifically, EPA generated unrealistic expectations by releasing a July 2010 site reuse report, instead of focusing on far more important cleanup concerns, like stabilizing the stream bank, stoping ongoing toxic releases to the Delaware River, and  demolishing old industrial eyesores.

I criticized EPA and wrote about that in this February 1, 2012 post, which focused on the stream bank.

But aside from the stream bank, even the EPA reuse report dodged the most important issue, which is: what cleanup standards will EPA require?

Will EPA mandate that the cleanup meet more stringent, more costly, and protective residential standards, or lax low cost industrial standards?

The choice of cleanup standards and extent of cleanup (i.e. a) residential cleanup standards and permeant removal or b) industrial standards and a cap) will determine the future use of the site.

That decision will reveal whether EPA finds that the public health and environment are more important than real estate redevelopment and local tax ratables.

And I’ll be damned – tonight I learned that EPA and contractors met in January on that same emergency stream bank stabilization issue I raised in my February 1 post!

Of course, the Wolfenotes Feb. 1 post played absolutely no role in any EPA reconsideration of priorities at the site -which happened in January!

But I’m being petty – surely it was a pure coincidence that –  after years of ignoring the problem and a focus on a site reuse Report – EPA finally decided to make stream bank stabilization the a pressing issue.

The meeting broke down at the end as I objected to the constant ad hominem attacks, so I will have to report in future on when the next meeting is.

[Update: 5/15 – I sent EPA a note just now to remind them that the EPA’s own CAG Guidelines prohibit ad hominem attacks – because the CAG is an EPA creation and they sponsor and manage the meetings, I expect EPA to enforce those common sense restrictions.

Dupont Field, Pompton Lakes, NJ (July 9, 2008)

[Update 5/14/12: Watch Fox News coverage: "NJ community devastated by contaminated water".

It is shocking that the spokesman for Dupont, one of the largest chemical companies in the world, can't get his chemical names right "PEC and TEC"  and can't seem to speak for a State Department of Health study that found elevated rates of certain cancers that are associated with the specific chemicals in the groundwater that Dupont put there! And it is not surprising that Dupont can't commit to a date for cleanup of the Lake because the US Fish and Wildlife Service found serious flaws in Dupont's ecological assessment of bio-accumulative mercury in sediments and EPA is unable to approve the Dupont cleanup plan (and that photo at time 4:10-4:12 came from this December 2011 Wolfenotes post! - end update.]

I got a call from my friends Lisa Riggiola and Ed Meakem asking to come up to Pompton Lakes to join residents doing interviews with Fox news. No fan of Fox news and highly skeptical of their angle, still, I wandered back to the scene of the crime yesterday (I’m told Fox will broadcast the story Sunday night at 10 pm on the Geraldo Rivera show. Something tells me that they will give me the “government lied” soundbite). The whole thing brought a song to mind – Paul Simon “Still Crazy  after all these years” (I like the Willie Nelson version – so listen and then read on!)

Dupont rep (fat, left) talks to Fox reporter (R)

The Fox crew seemed legitimately concerned and interested in the story. Their reporter interviewed several residents at the Lake, in homes in the vapor plume, and at the Dupont facility. He seemed over-whelmed by the outpouring of numerous disasters and human tragedies that resulted from Dupont corporate greed and abuse and government indifference, incompetence, and timidity.

The Fox reporter asked that I go with him on the Dupont site tour, to help him with questions of the Dupont spokesman. I agreed to do that, but, repeating a pattern, when we arrived for the tour/interview, the Dupont rep. would not let me on the site! When Fox reporter asked why, the Dupont guy said  ”we didn’t know Wolfe was coming”.

The Fox crew filmed along Barbara Drive and the (former) soccer field.

This brought back memories – The photo above is what “Dupont Field” looked like on July 9, 2008, when I wrote this in my Star Ledger NJ Voices column:

This soccer field is named Dupont Field. It is completely surrounded by groundwater monitoring wells and a “pump and treat” system. I was told that the highly polluted groundwater is pumped out of the ground, treated, and then recharged back into the ground ON the soccer field. So kids play on a hazardous wast treatment unit! Only in NJ! 

Kids unknowingly played on that “field” for years while Dupont, DEP and EPA looked the other way. But my criticism and disclosure forced Dupont to close the field, which now shamefully looks like this (below).  The only grass that was mowed was the narrow path to the groundwater monitoring wells – another insult to the residents of Pompton Lakes:

But an abandoned soccer field is the least of the problems Dupont created at Pompton Lakes. How would you like this view from the front porch of your home:

Home on Barbara Drive, has vapor intrusion. See blue groundwater monitoring well in foreground.

But while the view is bad, the toxic gases seeping into the homes is far worse for people who live in the 450 homes above “the plume”.  Take a look at the stack running up the side of the building. That’s a “vapor mitigation system”.

home on Barbara Drive with vapor mitigation system

Residents were poisoned in their homes by Dupont pollution – something known as “vapor intrusion”. Dupont, DEP, and EPA knew about the vapor problem for over a decade but didn’t inform homeowners, who unknowingly were needlessly exposed to cancer causing chemical gases (hit this link for a chronology of who knew what when).

Outrageously, the residents were not told about the vapor intrusion problem until  after residents executed a legal settlement with Dupont that waived their ability to sue Dupont [read US District Court decision]. In the summer of 2008, just after the ink was dry on that litigation settlement agreement , DEP and EPA suddenly claimed to have discovered the vapor problem.

But, this is not the first time that DEP withheld scientific information from the public to shield Dupont – the same  thing happened during litigation on PFOA contamination of groundwater from Dupont’s Chambersworks facility in South Jersey. DEP did not release site remediation information until a lawsuit there was settled.

EPA also issued false certifications to Congress that groundwater and human health exposure at the site were “under control”.

These kinds of potential frauds and conspiracies warrant investigation.

After the Fox interview (and lunch with Lisa and Helen), I took a hike on the historic Cannonball Trail, which runs along the edge of the Dupont property. I couldn’t resist taking advantage of an opening in the fence to ramble the Dupont site.

I could not find the two “open burning areas”, where as late as the 1990′s, a DEP issued and EPA rubber stamped RCRA permit allowed Dupont to openly burn huge amounts of hazardous waste, with no air emission controls. This hazardous waste contained high concentrations of mercury, which volatilized when the waste was combusted. The resulting air emissions deposited locally, and poisoned soil, water, and fish and wildlife of the entire region with bio-accumulative mercury.  I could find no estimates of the total waste or mercury loading from these outrageous DEP approved “open burning” practices.

But I did manage to find the infamous “shooting pond”, technically known as a RCRA regulated hazardous waste surface impoundment.

For decades, Dupont detonated countless explosives in the pond, according to Dupont, more than 2.5 million per year. This contributed to severe toxic contamination with high levels of lead, mercury, selenium and a host of organic chemicals in surrounding impacted groundwater, soils, and surface water (the pond drains to a stream).

"shooting pond" Dupont site.

While this is ancient history, the tiny toxic shooting pond is actually a perfect microcosm of the Dupont disaster.

So let me give you just two examples of egregious falsehoods represented by Dupont – and regulatory failures by DEP  and EPA.

Way back in 1987, DEP proposed to terminate a NJPDES groundwater pollution permit for the shooting pond. This finally would have stopped this outrageously polluting practice. But Dupont strenuously opposed that DEP action. Of course, they invoked the Big Lie about killing Jobs.

According to a July 17, 1987 letter from Mr. Bernard J. Reilly, Dupont’s “Senior Counsel” opposing DEP’s draft permit termination:

Impact on Employment of a Shutdown of the Shooting Pond

If the DEP does not stay the final denial… the remaining permitted storage space will be consumed by approximately the end of November 1987. With no storage capacity and no alternative for destruction, the plant would be required to stop production and layoff in excess of 250 employees (emphasis mine).

Dupont did not just threaten plant closure. The also lied about the environmental conditions at the shooting pond:

“As NJDEP is aware, the stream flowing through the Shooting Pond area is intermittent. Despite the fact that the stream flow stops during dry weather, we have never observed evidence of migration of water from the pond to the stream” (emphasis mine)

I was there today, and I observed and photographed “evidence of migration of water from the pond to the stream“. The shooting pond was discharging a significant water flow to the stream. The stream did not appear to be intermittent. I understand that we are more than 4 inches below average rainfall for this time of year. Take a look:

stream flows from Shooting Pond

Amazingly, DEP caved in to this blackmail and lying and agreed to Dupont’s request to stay the permit denial. The shooting pond continued to operate and pollute for over 2 more years, a deadline imposed by Congress in 1984 legislation known as HSWA.

How many more Dupont lies and threats – and DEP and EPA regulatory collapses – were there over the last 25 years?

Below are some additional photos of interesting stuff at the site. I was particularly bothered by the “hazardous road warning” - a warning Dupont provided to their employees but that residents never got.

The signs instructing employees on what valves to turn also do not inspire confidence – this is how an EXPLOSIVES PLANT was run?

hazardous warnings on site, but not off site

Turn this valve to blow up the place!

A rusty old pipe discharged to this little pond, which drained to a stream. Wonder what was discharged there?

And what the heck are these? Readers who know, please tell us! 

infrastructure near North plant - what is it?

“Dupont Field of Schemes” – Multi- Billion Dollar Corporation Can’t Cut the Grass

Martin Admits to Outsourcing Drinking Water Standards 

Says He’s “Parked” the Long Overdue Water Supply Master Plan

Reveals Failure to Upgrade C1 Waters – Signals Pending Rollbacks

Perhaps invoking “The Jersey Comeback” – another slogan – multiple times in his testimony was the last straw.

Or maybe it was the diversion of over $680 million in Clean Energy Funds.

DEP Commissioner Bob Martin (file photo, but he may have had the same suit and tie on yesterday!)

Or using the “Barnegat Bay blitz” volunteer litter cleanup event as cover for the Governor’s vetoes of the Barnegat Bay storm water and Clean Water Act’s TMDL bills – legislation that would have put real teeth and funding in Bay cleanup efforts.

Or the gall of calling renewable energy “critical to the future of NJ” and touting a “strong commitment” to renewable energy, while Governor Christie’s Energy Master Plan:1) reduces NJ’s renewable goals from 30% to 22.5%; 2) imposes a “cost test” and policy to “eliminate subsides” that have undermined the solar marketplace; and 3) promotes cheap natural gas and sweetheart deals for gas pipelines that have destroyed the economics of renewables, while the Christie BPU drags its feet on ORECs, which has slowed offshore wind investments;.

Or the portrayal of the Governor’s voluntary Barnegat Bay plan as a “model” and alternative to enforcing the Clean Water Act.

Or the utter hypocrisy of Martin’s emphasis on the “moral responsibility” to disproportionately and overburdened urban communities, while doing jack shit on cumulative impact standards and environmental justice.

Or the unilateral RGGI exit – or the waiver  rule – or the Highlands fiascoes.

Whatever. Take your pick. But Martin’s bullshit finally did not work.

Because today, DEP Commissioner Bob Martin finally faced some tough legislative oversight questions during the Senate Budget Committee hearing on Governor Christie FY’13 proposed DEP budget.

The Democratic Senator who grew a spine was Linda Greenstein (D-Mercer). Greenstein is a moderate who is Vice-Chair of the Environment Committee and does her homework.

Her specific and critical questions, presented in a friendly demeanor – with pointed followup questions – seemed to bollox Commissioner Martin (listen here). It was a continuous head exploding joy to watch. Here are the highlights:

1. Greenstein started by asking about the impacts of diversion of $30 million in cleanup funds on the brownfields program. She got no response.

2. She the nailed Martin on the impacts on workers, firefighters, and communities of deep cuts to DEP’s pollution prevention and Right to Know programs, noting that DEP had just 2 inspectors for 8,000 facilities!

In response, Martin spun, but under tough followup questions, was forced to admit that he was unfamiliar with the facts (and no one among his 8 member million dollar management team entourage could help him with the facts – it was embarrassing).

3. Criticizing the Governor’s RGGI withdrawal, Greenstein noted that the Governor’s rationale for that withdrawal was that RGGI was not effective in reducing greenhouse gas emissions. So she pressed Martin by asking:

what are we doing as an alternative to more effectively reduce GHG emissions?

Crickets – Martin could not point to anything he was doing on GHG emission reductions.

Greenstein also directly challenged Martin’s slogan that RGGI was “just another tax”.

4. In a very smooth issue transition, Greenstein noted that RGGI revenues funded forest stewardship programs. She asked:

What plans do we have to implement forest stewardship?

Martin:

Nothing specific on that.

Imagine that – the DEP budget zeroes the RGGI money and increases the Forest Resource Management budget by $2.2 million, yet Comisssioner Martin had no clue on what those funds would be used for!

5. Waiver rule. Greenstein immediately cut to the chase:

What gives DEP the idea that there is legislative authority to do this and that it will not implicate equal protection issues?

Martin thanked the Senator for asking the question, because he said that there was a lot of “misinformation out there” – and immediately after saying that Martin released this whopper of a flat out lie:

DEP already has the ability to provide over 100 variances and waivers – those laws were set up by the legislature.

Wow. Who knew that DEP had 100 waivers already!? I’m speechless. I wanna see the list of 100! Demand the list of 100 waivers!

6. Christie withdrawal from EPA Ozone standards lawsuit. Greenstein said:

It makes us look like we’re behind all these other states that joined the lawsuit.

Martin replied that plant-by-plant individual Clean Air Act Section 126 lawsuits are our approach.

7. Greenstein then reminded Martin the the Drinking Water Quality Institute (DWQI) was created by the Legislature to develop recommendations to DEP on  science based drinking water standards.

She noted that the DWQI is a nationally respected body that – historically – was active and met frequently. In 2009 – 2010, Grenstein correctly noted, as we’ve repeatedly written here – that the DWQI recommended numerous revisions to existing standards to reflect current science and to develop new standards for unregulated  pollutants.

She then asked Martin why the Drinking Water Quality Institute had not met in over 18 months and why DEP had not implemented their scientific recommendations to lower scores of drinking water standards to reflect current science.  Greenstein specifically asked about Martin’s views on the DWQI. Here is Martin’s reply:

We’ve since set up a broader group, called the Science Advisory Group (sic). We’ve chosen to put that group in place to deal with issues, including water related issues. 

HELLO!

Martin just admitted what I have written here multiple times – including Martin’s outrageous attacks on DWQI scientists.

Contrary to the statute, Martin has killed the DWQI and outsourced the science and the development of drinking water standards – and all all other environmental standards – to his industry influenced Science Advisory Board.

Martin just admitted a total disregard for and direct violation of State law.

The NJ Safe Drinking Water Act tasked the DWQI with developing drinking water standards, not the SAB.

The SAB was created by DEP Commissioner’s Adminsitrative Order and has NO LEGISLATIVE authorization whatsoever!

What will the legislature do to remedy this egregious violation of law?

8. Greenstein wanted to know the status of the State Water Supply Master Plan.

Greenstein -

During the campaign, the Governor made a number of public statements about the delays in updating the Water Supply Master Plan. What is your thinking – is it going to be implemented? When will we see this plan?

Martin:

When the Governor developed the State Strategic Plan, we parked the WSMP.

Repeat: PARKED.

NJ has a historic structural drought condition and we are again entering a drought. And DEP is again unpreprared to manage it.

As we have warned, the current plan is based on 16 year old data and its update is many years overdue.

And the DEP Commissioner admits that he “parked” the Water Supply Master Plan!

Yikes!

I had to leave the hearing shortly after that.

If that ridiculous admission of negligence and incompetence can pass without any notice, then it’s time for me to go before my head explodes.

(and I didn’t even write about the Category One waters rollback now underway – Martin was pressed by Greenstein and he openly confirmed that he not only failed to increase C1 designations, but that he was in the process of rolling back EXISTING C1 designations!)

So, listen to the tape yourself for the rest of the hearing.

Curtis Specialty Paper site - Bank collapses into stream. PCBs were found in areas along banks of Quequacommisacong Creek, in the sediment (sludge) of a discharge pipe from the facility and in the sediment downstream of the facility outfalls.

EPA will hold a public meeting to discuss progress on the cleanups of the Crown Vantage (Alexandria Township) and Curtis Paper (Milford) Superfund sites, located on the Delaware River.

The meeting will be held on Monday May 14, 2012 at 7 pm at the Milford Fire House.

Hit this link for EPA’s agenda for the meeting.

Lots of work has gone on for years, and the Crown Vantage Landfill Superfund site is in the final phase of design and remedial action. I wrote about some of the issues there in this July 2011 post.  I recommended a permanent cleanup –  additional removal of buried drums – and some natural resource and sampling work. Unfortunately, EPA responded in writing to but basically ignored my recommendations in the final ROD.

The Curtis Specialty  Papers Superfund site is not nearly as far along in the cleanup process.

I rambled around the site and wrote about some problems there back in this  February 1, 2012 post: Does this site look ready for redevelopment?

I’ll review the most recent documents and try to attend the meeting and raise some of those issues.

Probably the most important immediate concern is to remove any contamination and stabilize the erosion of the stream bank (see above photo). Apparently, sediments are contaminated and moving off site into the Delaware River.

Folks are urged to attend!

May Day - Union Square, NYC

[Update: 5/15/12 - just came across this right on story from the gothamist - consistent with my experience, it includes some scary videos of NYC cops chanting "move, move, move": Police and Protesters Clash by Wall Street After Euphoric May Day

I went to New York for May Day. I was there to support labor (and OWS  and  OWS ) and  participate in what appears to be the building of bridges to the Occupy Movement. (I've  previously urged various other occupations).

May Day protesters and Occupy march on Broadway

But how does a festive and wonderful peaceful protest (above) turn into a near police riot? (below):

Police gather in Vietnam Veteran's park in preparation for evicting protesters. (9:55 pm)

I wanted to put a little time and distance between the event and writing about it, both so I could cool down and reflect on some of the coverage of the event.

Well, it’s been a week and I’ve moved on to other work, took and deep breath, and read Chris Hedges’ piece, “The People’s Bishop”, which again ratified my take on things.

So, now I will write about what I saw and felt that day.

I guess some will call this narrowly and negatively focused sour grapes from one of the people that the NYC cops manhandled down in Vietnam Veteran’s Park (a little after 10 pm, which apparently the cops decided was closing time). I got abused by while exercising what I naively believed were constitutionally protected rights.

But I found this snarky observation relevant:

So Obama was running both as the peace candidate and the tough guy who ordered Navy Seals to shoot an old man in bed. And he just happened to position himself that way in a televised speech on the same day that Ray Kelly wanted us to be suspicious of brown people with bombs in their butts. And that just happened to be the day that protest season began with Occupy Wall Street putting untold thousands of people who hate corporate capitalism into the streets.

I know. It’s just a coincidence. Or conspiracy theory. The .01% who rule the United States would never stoop to such stunts to knock Occupy Wall Street off the front page and surround it with mentions of terrorism. It was somebody else who beat up all those protestors in parks around the United States last fall.

Like the author of that piece, I too spent all day in Union Square, later marching with about 25,000 people down Broadway to Wall Street.

Like the author, I too think it was no accident that the media downplayed the May Day protests and again distorted their meaning with respect to labor history and the current pro-labor anti-corporate Occupy Movement, while focusing on and exaggerating isolated incidents of violence (all while ignoring police violence, that I again experienced first hand).

I was at the tail end of the Broadway parade, so shortly after I arrived in the Wall Street district, the cops were moving in to crush any attempts to “occupy” public space of any kind.

Protester either reading or channeling David Harvey's newest book "Rebel Cities" - I am reading that now!

I guess the problems start with zealous cops.

I was harassed along the end of the route, by aggressive cops on scooters, who ran into me and hit me several times as I marched in the parade (and refused to yield to them).

Broadway, NYC, 7:25 pm - cops on scooters were harassing marchers. This guy hit me three times!

I guess it’s not far from being assaulted by scooters in the street to being physically manhandled by cops in the park. Can cops arbitrarily and unilaterally decided when to issue a curfew on peaceful protest? I thought, not in the USA!

VV Park - 9:55 pm - cops announce park is closed, order people to leave immediately or face arrest

Shortly after the police announced closure of the park, they moved in with force. I was taking photos of their tactics and was soon myself physically removed from the park by 3 different police officers. The first grabbed me by the collar and violently tried t throw me to the ground. A few moments later, another cop, after shoving me several times, was quickly joined by 5 more cops. He physically grabbed me by the arm and dragged me  out of the park and threw me on the sidewalk. Moments later, as I was hotting photos of protesters being dragged into police vans, I was picked up by the belt of my pants and carried away by a short and violent cop (beware of short men with badges on steroids!).

police move in on protesters, evicting an assaulting them in the process of violating their rights.

Police were randomly grabbing people out of the crowd, violently throwing them to the ground, and arresting them:

police pounce on protester

After being roughed up and handcuffed, protesters were taken to several waiting police vans, who had converged on the site, redolent of some banana republic repression:

apologies for the poor quality - it was dark out and I was shooting at maximum ISO

As the handcuffed protester were dragged into waiting vans by police, they shouted their names out. As the protesters started chanting and repeating their names, the police quickly slammed the van doors shut, to prevent fellow protesters from supporting them and shaming police violence and repression.

cops (foreground) throw protesters into police van

When I complained about my own violent mistreatment and that of protesters to at least 6 white shirted police supervisors, all of them revealed an ignorant and arrogant hostility to fundamental constitutional rights of speech, association, and peaceful redress of grievances.

that sign about sums up my feelings

They all told me the same story – that I had disobeyed a lawful police order – and that anything a policeman ordered was lawful and that there was no right to disobey a policeman’s order.

Like I said, NYC cops are out of control.

I really find it difficult to accept that police are this violent in crushing non-violent peaceful and lawful protest. It is intolerable to me and should be seen as unacceptable by the American people as a fundamental assault on our values and Constitution, which not only protects, but promotes the right to dissent.

So, an otherwise great day was ruined by violent, disrespectful, and/or arrogant and ignorant police.

Well, on the bright side, at least the “Dodgers” were in town for a Double Header!

The "Tax Dodgers" have a message from corporations to the American people.