WolfeNotes.com

Bill WolfeJohn Weingart, Chairman, Highlands Council.

[Update #1 - unfortunately, we have a pattern of Weingart lashing out at critics - on February 12, 2008, I wrote:
"An absolute donnybrook (I'm an old hockey player, and I haven't heard that word used in ages) erupted after Council Chairman John Weingart opened the hearing. Weingart went on the offensive and took the highly unusual step of reading a press release by the Highlands Council. The press release chastised the public - primarily the environmental critics of the RMP - for 7 "misconceptions" of the controversial plan."
http://blog.nj.com/njv_bill_wolfe/2008/02/water_wars.html
Weingart was wrong then, as changes have been made to the plan to fix those "misconceptions". end Update]
Last week, the Highlands Council approved a controversial Regional Master Plan (RMP). Many months past the deadline established in the Highlands Act and after more than 3 years of planning, just minutes prior to the final vote on the RMP, a series of major amendments were introduced by 3 Council members to strengthen the Plan and fix significant flaws. All these amendments were defeated, with little discussion or staff analysis. As a result, environmentalists are petitioning Governor Corzine to Veto the Council’s actions and direct them to remedy the Plan’s flaws.
In the midst of this highly charged debate, John Weingart, the politically appointed Chairman of the Highlands Council, has written an extraordinary Op-Ed. Weingart, in classic “blame the messenger” fashion, does not focus on defending the Plan he voted for, but instead engages in a fact free attack on environmental critics of the Plan. See:
Environmentalists and the Highlands plan
http://blog.nj.com/njv_oped/2008/07/environmentalists_and_the_high.html
John Weingart is not a journalist (who can be fired) or elected official (who can be voted out of office). From someone with Weingart’s responsibilities and expertise – he not only serves as Chairman of the Council but has an extensive background in land use planning and environmental regulation – one would expect not only leadership and vision, but substantive analysis and opinions based on science and law, not pure politics.
But one’s reasonable expectations would be dashed by reading Weingart’s Op-Ed.
Weingart makes three basic assertions – each a sweeping conclusion with no supporting evidence:
1) environmentalists politicize policy debates, mount political campaigns, and have significant political power and influence, equivalent to that of developers and the business community;
2) “[The] Highlands Council … adopted the most environmentally-protective, comprehensive regional master plan in the state’s history. It is a model for the rest of the nation.”;
3) “the Highlands Plan is already more protective than required by the New Jersey Department of Environmental Protection. … municipal officials complained the plan will allow little, if any, additional building; farmers argued the plan will severely limit their ability to sell their farms to housing developers.”
That’s all folks – really. Not a fact, a law, or a policy or planning analysis in any of it. Totally devoid of substance.
But it’s worse – Weingart’s attack knowingly ignores and diverts attention from the debate over the substance of the RMP; the purpose of last minute amendments that were defeated; or the essence of the environmentalists’ criticism.
Obvioulsy, Weingart can not defend the indefensible – like allowing new development to occur where there are existing deficits in water supply; or dense “cluster” developments that destroy the character of surrounding farmland and pollute groundwater; or destruction of sensitive stream buffers.
Mr. Weingart – a self described “environmentalist” – doesn’t want to talk about any of that.
So, for readers interested in the debate on the RMP – here is a link to the letter to Governor Corzine that sets forth the grounds of the environmentalists’ criticism and basis for amendments to the Plan:
Download file
With respect to the amendments, Dave Pringle of the NJ Environmental Federation – a target of Weingart’s attack – has posted a summary of the amendments. According to Dave:
“The 11 votes were:
1 ban on development in water deficit areas (amendment 1)
2 further restrict development in water deficit areas (alternate amendment 1)
3 close all loopholes limiting 300′ buffers for all Highlands waters (amendment 3a)
4 close fewer loopholes to strong stream buffers (amendment 3b)
5 close some loopholes to strong stream buffers when developing farmland (amendment 4)
6 require background level nitrate standard (amendment 5)
7 require a less strict but still strict (2 ppm) nitrate standard (amendment 6)
8 eliminate inclusion of open space in septic density calculation (amendment 8a)
9 require stronger nitrate standards in Existing Community Zones (amendment 8b)
10 limit map adjustments (amendment 11)
11 adopt final plan
The pro-env., pro-public health position prevailed on only the 2nd and 8th votes and even then barely so and in watered down forms.”
I have posted several substantive critiques of the RMP, most recently this – if this DEP standard to protect groundwater from septic is legally overruled by the Courts, the RMP would suffer a fatal blow:
NJ Farmers threaten your water supply
http://blog.nj.com/njv_bill_wolfe/2008/07/nj_farmers_threaten_your_water.html
Back in February, I posted an analysis of the November 2007 draft Plan – however, since then, some revisions of the Plan have ben made that address my specific criticisms, so this analysis is no longer current or accurate. Similarly, since February, additional flaws in th Plan have been identified:
Potemkin Plan – Highlands Plan an empty shell
http://blog.nj.com/njv_bill_wolfe/2008/02/potemkin_plan_highlands_plan_a.html
The bottom line: serious discourse on protecting the Highlands is frustrated when appointed leaders like Weingart abdicate their leadership roles and engage in specious attacks on environmentalists.
And is is outrageous when the little substance that is injected in the debate comes not from well staffed expert government organizations like DEP and the Highlands Council, but from caring citizens and volunteer efforts of watchdogs like myself.

What and where is this?
First person to correctly identify wins a prize!

Bill Wolfe

Bill Wolfe

Bill Wolfe

Bill Wolfe

Bill Wolfe

Playing the Blame Game
I’m a huge hockey fan – having played, coached, and watched the game at all levels for over 40 years. I find lots of creative joy, intensity, and wisdom I can draw from.
A formative hockey moment I can still vividly recall was attending a Cornell v. Boston University game at Lynah Rink in 1969 – the Cornell goalie was Ken Dryden, later to win Stanley Cups with Montreal. BU was a major rival, and the Cornell fans were just insane – the intensity of the game beyond my young imagination (I was in Junior HS and “team manager” (aka waterboy) for our High School team, who was on a glorious weekend roadtrip to Ithaca).
Since that time, I’ve especially enjoyed Cornell hockey. And by many strange and curious meanderings, I ended up going to grad school at Cornell; I married a woman who played varsity women’s hockey for Cornell; we brought our son Travis to his first Cornell game in Boston Garden ECAC playoffs when he was just 8 weeks old; and Travis – who was skating before he was 5 and played through high school – and I manage to make the annual pilgrimage to ECAC playoffs (the tournament left Boston Garden for Lake Placid, and is now held in Albany).
But I digress – bear with me, there is a lesson here. Getting back to my point - it’s all your fault!
Cornell hockey fans have a nasty ritual – all in good fun, mind you, but nasty.

Bill WolfeCornell v. Harvard. ECAC Championship game 2008.
Look closely to see puck just misses upper right hand corner – Cornell lost 3- 1 in a heartbreaker.

After Cornell scores a goal, the fans erupt in a chant “It’s all your fault” to shame and rattle the other team’s goalie.
Well, I just came across a shameful example of “It’s all your fault” that I must share.
Dupont has poisoned groundwater in Pompton Lakes with toxic chemicals. See:
Pompton Lakes council wants independent test for toxic vapors
http://www.northjersey.com/environment/environmentnews/Pompton_Lakes_council

For many years, Dupont has known – but not revealed – that those toxic chemicals have seeped below the residential neighborhood surrounding the Dupont plant. But those facts have outed and Dupont is now scrambling in response to outrage, and has promised to clean up their mess and install “vapor intrusion mitigation” systems in homes to prevent further exposure to these toxic volatile organic chemicals.
But, in reading the fine print buried on page 17 of the Dupont plan, one comes across what appears to be a benign statement:
“A building survey and chemical inventory will be completed during sample collection. The presence of consumer/household products and materials and building characteristics will be documented on a Building Survey Form (see Appendix G), adapted from Appendix B of NJDEP’s Vapor Intrusion Guidance.”
http://www.state.nj.us/dep/srp/community/sites/dupont_pompton_lakes/final_virmwp.pdf
You see, Dupont is suggesting “It’s all your fault!”
Those toxic chemicals poisoning you in your home are coming NOT from the soil and groundwater polluted by Dupont, but from UNDER YOUR OWN SINK OR GARAGE!
You see, It’s all your fault!

Bill WolfeAnother fine Cornell tradition – players graciously acknowledge the support of the fans, after a tough loss in Championship game.
Real hockey players accept responsibility – and never play the blame game.

Bill WolfeAll together now:
“p-r- r-i-n-c-e-t-o-n …… SUCKS!“

Bill Wolfe

[Update: The US Justice Department announced additional guilty pleas - see:
FORMER EXECUTIVE OF SOIL REMEDIATION SUB-CONTRACTOR PLEADS GUILTY TO DEFRAUDING THE U.S. ENVIRONMENTAL PROTECTION AGENCY (12/15/08)
http://www.usdoj.gov/atr/public/press_releases/2008/240413.htm
According to the Star Ledger, the US Justice Department has accepted guilty pleas in a criminal kickback scheme among Superfund toxic site cleanup private contractors:

Bill WolfeNJ Governor Jon Corzine – the Administration’s bill to privatize toxic site cleanups in NJ is pending before the legislature

Read more…

From time to time we recognize good environmental journalism, as well as criticize what we call stenography of government press releases.
Here’s our latest recognition to the reporter Michael Lamendola and the South Berganite for how to write a hard hitting headline and lede:
Environmentalist: NJ has worst cleanup program
(by Michael Lamendola – July 23, 2008)
A scathing report by the top watchdog office at the U.S. Environmental Protection Agency (EPA) details how the federal agency and the New Jersey Department of Environmental Protection (NJDEP) are dragging their feet when it comes to the remediation of sites listed in the federal Superfund program. In particular, two sites in the Meadowlands, one in East Rutherford, were listed as specific sites that should be further along in their cleanup processes. The two sites, Universal Oil Products in East Rutherford and Ventron/Velsicol in Wood-Ridge have been listed on the National Priorities List for cleanup for over 20 years with remediation plans in some cases still not complete.
“New Jersey used to have the strongest cleanup program in the country but now it is among the worst,” said Bill Wolfe, a former analyst with the NJDEP and now director of the New Jersey Public Employees for Environmental Employees, a watchdog group for proper environmental remediation.”
Now that’s telling it like it is!
For full story, see:
http://www.southbergenite.com/NC/0/1536.html
We give honorable mention to this Courier Post editorial:
DEP has no excuse for missing deadline
A Plan for reducing emissions in New Jersey should have been complete, on time, by June 30.
We share the concerns of a watchdog group that’s questioning why the state has already failed to live up to the first part of its year-old legislation designed to reduce greenhouse gas emissions in New Jersey.
A year ago, Gov. Jon Corzine signed the Global Warming Response Act of 2007. The act’s goal is to reduce polluting emissions 20 percent by 2020, a lofty goal. The first step the act called for was having a preliminary plan for hitting the mark on time. That plan was supposed to be complete by June 30, 2008. The plan was to include “specific recommendations for legislative and regulatory action.”
Guess what, the plan isn’t done. The state Department of Environmental Protection had a year to get it finished and it didn’t happen.

http://www.courierpostonline.com/apps/pbcs.dll/article?AID=/20080707/OPINION/807070302/1046
Great headline – Way to hold ‘em accountable!

Q: Why would farmers attack clean water?
A: Pure greed
In the latest attack on the Highlands, the NJ Farm Bureau today is prematurely gloating about a Court decision. According to the Bergen Record:
“The court’s decision is a victory for Highlands landowners, especially those in the Preservation Area,” said Richard Nieuwenhuis, president of the New Jersey Farm Bureau, which brought suit against the DEP. “The septic density standards are at the core of the DEP rules”
http://www.northjersey.com/environment/Farmers_fighting_Highlands_Act_win_a_round_in_court.html

Bill WolfeRichard Nieuwenhuis, president of the New Jersey Farm Bureau,attacks Highlands Plan.

While that decision may be a victory for farmers more interested in building condo’s than growing crops, it is a threat to your drinking water supply.
With this litigation threat looming, last week’s controversial decision by the Highlands Council to approve a flawed Regional Master Plan is shown to be even more shortsighted, while the arguments for Governor Corzine to Veto the Council’s approval become stronger.
Legally, the Court did not reverse but merely remanded the DEP septic rules for an evidentiary hearing before an Administrative Law Judge (ALJ). DEP Commissioner Lisa P. Jackson will make the final decision to accept or reject the ALJ’s opinion. In the event that the ALJ agrees with the Farmers, it would be highly unusual – and a HUGE sellout – for Jackson to agree and kill DEP’s own rules.
[read decision: http://www.judiciary.state.nj.us/opinions/a0984-05.pdf
But, curiously, environmentalists are as confused as the farmers:
“The DEP did a sloppy job of putting these regulations together,” said Jeff Tittel, director of the N.J. Sierra Club. “The DEP better have its act together when it comes to court.”
Mr. Tittel surely knows that the DEP standards are based on a core protection of the Highlands Act and sound science.
The DEP standard attacked by the Farmers is based on a provision of the Highlands Act designed to protect drinking water from the pollution caused by septic systems.
The cornerstone of the Highlands Act are legislative findings that the most stringent protections are warranted because the existing DEP policies and regulations are not technically well suited to the region and would not protect the critical water supply of 5 million New Jersey residents from further degradation. The Legislature found:
“the existing land use and environmental regulation system cannot protect the water and natural resources of the New Jersey Highlands against the environmental impacts of sprawl development”;
“this comprehensive approach should include the adoption by the Department of Environmental Protection of stringent standards governing major development in the Highlands preservation area;”
“the preservation area of the New Jersey Highlands that would be subjected to stringent water and natural resource protection standards, policies, planning, and regulation”;
http://www.state.nj.us/dep/highlands/docs/highlands_bill.pdf
In the sensitive Highlands Preservation Area, the DEP septic standard allows one home per 88 acres in forested lands, and one per 25 acres on farmland. Large land areas are needed to dilute septic pollution due to the geology of the Highlands region, where very little of the rainfall seeps into the ground and “recharges” drinking water aquifers.
The Act set a strict “antidegradation” policy to protect public water supplies. To implement this policy, the Act mandates that DEP set septic development density based upon “deep aquifer recharge” (DAR). “Recharge” is the portion of rainfall that percolates into the ground. Recharge may be lateral (feeding streams and wetlands) or vertical into the aquifer to provide drinking water.
DAR is the vertical component of recharge that goes into the aquifer to replenish drinking water supplies.
This DAR standard was established to protect precious Highlands aquifers. It explicitly recognized that the prior statewide policy and DEP standard – implemented by a methodology known as GSR 32/nitrate dilution model – was not sufficiently protective of the Highlands region or reflective of Highlands geology, which has very limited groundwater recharge.
In adopting this DAR standard, the legislature sought to assure that groundwater was not further degraded by over-development. The legislative intent was to make the current DEP standard and methodology far more protective in the Highlands.
Therefore, I am confident that the Courts will determine that DEP is fully justified both legally and scientifically in making conservative assumptions in setting that septic density standard.
For those interested in the technical details, see below DEP response to comment (#86 – mine) in the recently adopted statewide “water quality management planning” rules.
1015. COMMENT: Where the New Jersey Geological Survey nitrate dilution model identified to be used in N.J.A.C. 7:15-5.25(e) was initially used to implement the standard in the Highlands Act, which calls for recognition of deep aquifer recharge, lot sizes from six to 12 acres were produced. The Department recognized that the model was inappropriate for the Highlands; the model was abandoned and an alternative methodology was developed for the Highlands which produced the lot sizes of 88 acres in forested areas and 25 acres in agricultural areas. This shows
that the Department has already been on record recognizing the implicit flaws in that model. (86)
RESPONSE: The Highlands Water Protection and Planning Act required the Department to establish a septic density standard “at a level to prevent the degradation of ground water quality, or to require the restoration of water quality, and to protect ecological uses from individual, secondary, and cumulative impacts, in consideration of deep aquifer recharge available for dilution.” (N.J.S.A. 13:20-32e). This Act for the first time introduced the concept of deep aquifer recharge, a term that was undefined, in establishing appropriate septic densities in the Highlands Preservation Area. To accomplish this statutory objective, the Department undertook an analysis of drought of record flow in streams in the Highlands Preservation Area under the assumption that drought flow must only come from ground water sources, and under extreme
drought conditions shallow aquifer contribution to stream flow would be negligible. This was a very conservative assumption that the Department believes was appropriate in the Highlands Preservation Area given the Legislative mandate. Details on the development of the septic density standards is provided in Basis & Background of the Septic Density Standard of the Highlands Water Protection and Planning Act Rule at N.J.A.C. 7:38-3.4, available through the Department’s website at http://www.nj.gov/dep/highlands/docs/septicdensity.pdf.
Precipitation falling on the surface of the land has three possible fates: runoff, shallow ground water infiltration and aquifer recharge. Under normal conditions all ground water recharge, whether shallow or deep is available to dilute the nitrate load from septic systems. The NJGS GSR-32 recharge calculation has been both peer reviewed and scientifically validated. The Department is convinced that the assumptions in the model concerning average recharge are appropriate to a planning level nitrate dilution analysis. Where better local information is available or specific geological conditions exist that would warrant a more conservative approach the rule at N.J.A.C. 7:15-5.25(a) allows an alternate standard to be determined.”
@page 812
http://www.nj.gov/dep/rules/adoptions/adopt_080707a.pdf

“We’re borrowing money from China to buy oil from the Persian Gulf to burn it in ways that destroy the planet. Every bit of that’s got to change.”
Ladies and gentlemen:
There are times in the history of our nation when our very way of life depends upon dispelling illusions and awakening to the challenge of a present danger. In such moments, we are called upon to move quickly and boldly to shake off complacency, throw aside old habits and rise, clear-eyed and alert, to the necessity of big changes. Those who, for whatever reason, refuse to do their part must either be persuaded to join the effort or asked to step aside. This is such a moment. The survival of the United States of America as we know it is at risk. And even more – if more should be required – the future of human civilization is at stake….
…Many Americans have begun to wonder whether or not we’ve simply lost our appetite for bold policy solutions. And folks who claim to know how our system works these days have told us we might as well forget about our political system doing anything bold, especially if it is contrary to the wishes of special interests. And I’ve got to admit, that sure seems to be the way things have been going. But I’ve begun to hear different voices in this country from people who are not only tired of baby steps and special interest politics, but are hungry for a new, different and bold approach.

Al Gore
Link to text of speech and to view video:
http://www.wecansolveit.org/content/pages/304/

Guardians of this precious Region?

Bill WolfeRainbow Inn, Greenwood Lake.

Yesterday, the Highlands Council approved the draft Regional Master Plan. The Council’s approval followed the rejection of a series of amendments offered by the minority environmental faction of the Council (i.e. Dillingham, Carlucchio, Pasquarelli). A series of major amendments were offered to repair some of the plan’s more egregious flaws.
But the battle is not over yet. The Highlands Act provides power to Governor Corzine to veto any action of the Council to protect statewide interests – so the Regional Plan does not become legally enforceable until it is approved by the Governor.

Bill WolfeGreenwood lake

I attended this historical event as witness, having been directly and intimately involved in drafting the Highlands Act. Unfortunately, I share the sentiments of my good friends and longtime Highlands advocates Ross Kushner (Pequannock River Coalition), Robin O’Hearn (Skylands CLEAN) and Jeff Tittel of NJ Sierra Club: what should have been a day of celebration was instead a DEEP disappointment.

Bill WolfeWanaque Reservoir

For those interested in media’s news coverage of the Council’s deliberations, protective amendments that were voted down, and public testimony, please see this article:
Highlands Council adopts landmark Master Plan
http://www.mycentraljersey.com/apps/pbcs.dll/article?AID=/20080717/NEWS/807170378

Bill WolfeRound Valley Reservoir

For those interested in other views and Highlands photo’s see:
Potemkin Plan – Highlands Plan an empty shell
http://blog.nj.com/njv_bill_wolfe/2008/02/potemkin_plan_highlands_plan_a.html
Until I can calm down, collect my thoughts, develop my analysis, and appropriately respond to the Council’s vote, I thought I’d share pictures of members of the Highlands Council and staff:

Bill WolfeJohn Weingart, Chairman

Jack Shrier, Vice-Chairman

Bill WolfeBill Cogger, Treasurer

Bill WolfeCouncilwoman Calbrese

Bill WolfeCouncilwoman Kovach

Bill WolfeCouncilwoman Letts

Bill WolfeCouncilman Alstede

Bill WolfeCouncilman Vetrano

Bill WolfeCouncilwoman Carlucchio

Bill WolfeCouncilwoman Way

Bill WolfeCouncilman Dillingham

Bill Wolfe

(Council members Whitenack and Pasquarelli are not shown)

Bill WolfeEileen Swan, Executive Director, and Tom Borden, Esq. Counsel and Deputy Director

Bill WolfeHighlands Council staffers stand for recognition.

Bill WolfeRoss Kushner, Pequannock River Coalition, testifies