DEP “Fact Sheet” reveals loopholes that DEP Commissioner and Press Office spun so hard to deny
Bill WolfeSouth Branch Raritan River, at Ken Lockwood GorgeSadly, it’s now official and no longer an alleged criticism.
DEP quietly has admitted that they created HUGE loopholes in the recently adopted Flood Hazard regulations (known as “stream encroachment”) and the highly touted “Category One” 300 foot buffer program for exceptional water quality streams.
For the smoking gun, see: Fact Sheet on Flood Hazard Rules and Stormwater Rules Related to C1 Adoption http://www.state.nj.us/dep/wms/bwqsa/BUFFER_Fact_Sheet_2.pdf
The DEP loopholes explicitly grandfather hundreds of development projects, allowing them to escape the protections of the new Flood Hazard and C1 stream buffer rules.
Both concessions will greatly worsen flooding and water quality problems that Governor Corzine and DEP Commisisoner Lisa Jackson allegedly have made a priority and pledged to combat.
Flood protection purportedly was a high priority of Governor Corzine – looks now like he is willing to sacrifice flood victims at the alter of the developers agenda. See:
Governor’s Flood Mitigation Task Force
http://www.njflood.org/
“Governor Corzine Tours Flood Areas to Assess Damage”
http://www.nj.gov/governor/news/news/approved/20060629a.html
Similarly, Jackson defended strong DEP flood protection rules on moral grounds just last March 24 with this bright line quote:
“Building affordable housing there [in flood zones] would be morally wrong.”
N.J. urged to weaken DEP rules for housing – Report is from panel co-led by developers
http://www.nj.com/news/ledger/jersey/index.ssf?/base/news-9/1205300314279400.xml&coll=1
The “Category One” (C1) 300 foot buffer initiative was highly touted last Earth Day by DEP Commisisoner Lisa P. Jackson. Looks like she too is just following orders from the Corzine pro-development camp
See: DEP DELIVERS ON COMMITMENT TO PROTECT NEW JERSEY’S
WATER QUALITY
TRENTON – Department of Environmental Protection Commissioner Lisa P. Jackson today announced more than 900 miles of waterways and 1,300 acres of reservoirs that supply drinking water to millions of New Jerseyans deserve special protection from the dangers of development – one of two unprecedented water-quality initiatives unveiled by Governor Jon S. Corzine’s Administration to mark the 37th anniversary of Earth Day.” http://www.nj.gov/dep/newsrel/2007/07_0023.htm
Well, at least our criticisms are now confirmed. Hopefully, DEP spin and credibility have been destroyed in the process. See:
“GRANDFATHER” STAMPEDE IN DELAYED NEW JERSEY STREAM RULES — Statewide Clean Water Protections Honeycombed with Special Interest Exceptions
http://www.peer.org/news/news_id.php?row_id=1058
CORPORATE DEVELOPMENTS TRUMP NEW JERSEY CLEAN WATERS — Loophole-Riddled Stream Protection Plan: One Step Forward, Three Steps Backward
http://www.peer.org/news/news_id.php?row_id=1054
NEW JERSEY CUTS DEEPLY INTO PROTECTED STREAM BUFFERS — Commissioner Revokes Her Year-Old Order, Leaving Buffers at Mercy of Politics
http://www.peer.org/news/news_id.php?row_id=986
WHEN IT RAINS…IT FLOODS — New Jersey Continues to Lose War on Sprawl New Figures Show
http://www.peer.org/news/news_id.php?row_id=845
There is mounting evidence and a raft of policy literature that find that rising corporate power is the driving force behind a range of economic and social problems.
Increasingly insecure jobs, lack of health care, a declining middle class, environmental destruction, increasing disparities in income and opportunity, and the decline of democracy – severe problems result from obscene concentrations of wealth and corporate power.
From Enron to Haliburton, to the recent collapse of the housing market, all things trace back to abuse of power and corporate greed.
Government’s traditional role and powers to shape market forces to accomplish democratically established social objectives and check corporate abuse- the seemingly forgotten Public Interest – have been severely eroded by corporate power and replaced by a philosophy of greed and Wall Street values. At the federal and state levels, public policy has become fixated on a very narrow set of tools: tax cuts, deregulation, privatization, subsidies – and a narrow set of economic objectives.
Confirming this problem, Department of Environmental Protection (DEP) Assistant Commissioner Irene Kropp recently catered to the Corzine Administration’s corporate cronies at – of all places – the Woodbridge Hilton
“Like many laws, those governing remediation are evolving, and the changes were recently discussed by a panel at NJ Naiop’s annual regulatory update, held at the Woodbridge Hilton here. ….
Irene Kropp, assistant commissioner of the site remediation program with the NJ DEP, next took the podium to describe … new legislation [that would create] the Licensed Site Professional [LSP] program… LSPs … will be able to render opinions on cases on behalf of the state,
Licensed Professionals To Review Brownfields http://www.globest.com/news/1178_1178/newjersey/171531-1.html
A DEP political hack offering up a privatized toxic site cleanup program to an audience of corporate office developers, lobbyists and lawyers at the Hilton.
Democrats used to represent the interests of Main Street, not Wall Street.
Have the Corzine folks no shame?
After 2 years of a “Stakeholder process” and almost a dozen legislative oversight hearings in response to highly publicized botched cleanups, today DEP Assistant Commissioner Kropp presented the long awaited DEP toxic site cleanup reform bill, S1897 (link to bill: http://www.njleg.state.nj.us/2008/Bills/S2000/1897_I1.PDF
The 53 page bill would make radical policy changes and privatize cleanup decisions at 14,000 – 15,0000 toxic waste sites.
Here are Kropp’s answers to basic questions from the legislative sponsor, Chairman Smith of Senate Environment Committee (the responses are verbatim, the questions are paraphrased) – Listen to hearing here: http://www.njleg.state.nj.us/media/archive_audio2.asp?KEY=SEN&SESSION=2008
Q: Can you describe how DEP oversight will work:
A: “We haven’t worked out the details of implementation yet.”
Q: What are reasonable timeframes for each phase of the cleanup process conducted by Licensed Site Professionals?
A: “I have no clue about what the timeframes should be”
Q: What transition process do you foresee at DEP?
A: “Who knows what is going to happen in the next 3-6 months”
“… whatever will be will be…. the future’s not ours to see – que sera, sera…. what will be, will be..
Where have you gone Doris Day! http://www.youtube.com/watch?v=xZbKHDPPrrc&feature=related
Bill WolfeIrene Kropp, DEP Assistant Commissioner for Site Remediation testifies to the Senate Environment Committee today.
The Bergen Record reported Sunday that the Legislature – despite rubber stamping proposed legislation to renew the ability of the NJ Environmental Infrastructure Trust to issue another $500 million in bonds – is diligently working on reforms to prevent a recurence of that debacle See: State taking steps to prevent another EnCap http://www.northjersey.com/environment/State_taking_steps_to_prevent_another_EnCap.html?c=y&page=2.
That story responds to our criticism – see: $500 Million Clean Water Fund subsidizes new development – ENCAP DEBACLE LOOMS OVER LATEST NEW JERSEY WATER FUND PLAN — Impending Legislative Approval Fails to Address Root Causes of Smoldering Scandal
NJ has a $16 Billion Unmet Clean Water Infrastructure Need – So Why are Clean Water loans subsidizing new development? http://www.nj.com/njvoices/index.ssf/2008/06/500_million_clean_water_fund_s.html
Yet, in addition to blindly rubber stamping reathorization of funding authority, the proposed reform legislation does not even address the causes of the Encap debacle. According to excellent reporting by the Record:
“But other key safeguards, including one to protect taxpayers from eating bad loans to developers, remain on the drawing board….. Hart acknowledged, though, that state officials are still working on plans to tighten up credit and collateral standards for borrowers like EnCap. New procedures for releasing loan money and checking up on projects in progress are also being drawn up, he said.”
We have made very specific reform recommendations that have been completely ignored.
Trenton is not serious about reforms –
Not another penny should be appropriated to the NJEIT and DEP until reforms are put in place that prevent new Encaps – the legislature can start with prohibiting the use of clean water money to subsidize new development and provide private benefits of public funds.
We recently called out Scott Weiner, head of the NJ School Development Authority – challenging Weiner to stop wasting taxpayer money and putting children needlessly at risk by building schools on toxic waste sites: (see:Calling Out Scott Weiner on school reforms http://blog.nj.com/njv_bill_wolfe/2008/05/calling_out_scott_weiner.html
Well, Weiner replied by issuing a non-response:
“I believe unequivocally that the capability of the SDA to manage additional funding has been demonstrated and really is beyond question,” said Weiner.
According to Friday’s Courier Post story: Panel leader: Schools won’t wastefully spend anymore
TRENTON — Needing to convince lawmakers to provide $2.5 billion to replace and renovate schools in the state’s poorest districts, state Schools Development Authority leader Scott Weiner told lawmakers Thursday the agency has made reforms and will not repeat sins of the past.
Formerly known as the Schools Construction Corp., the group has been criticized for wastefully spending $8.6 billion to date. Weiner told the Assembly Education Committee more has been done besides changing its name to fix it – including better management, more fiscal oversight through comprehensive budgets and project schedules, prioritizing projects based on need and being able to recoup costs from responsible parties for mistakes that result in more money.
http://www.courierpostonline.com/apps/pbcs.dll/article?AID=/20080613/NEWS01/806130383/1006
Yet the proposed legislation to renew SDA funding fails to restrict building schools on toxic waste sites:
“We talk about the kids being the most important things in our lives, and we still hear about schools being built on contaminated sites or remediated sites. I would think the first thing we should do … is look at noncontaminated sites to place the school so we don’t have to spend school dollars for remediation,” said Assemblyman Joseph Malone III, R-Burlington.
Not one more penny should be appropriated to SDA until restrictions are put in place to stop abuses related to land acquistion and construction on toxic waste sites.
Period.