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My Well Went Dry Today

September 7th, 2010 No comments

Mother died today. Or, maybe, yesterday; I can’t be sure  ~~~ (Camus “The Stranger” (1942))

And so have the streams in the area (shown below as of Sunday 9/5/10).

I live on top of the hill at the headwaters of the Alexauken Creek in West Amwell.

The Alexauken is a Delaware River tributary that meets the river at the northern end of Lambertville. Most of the land in the watershed is farmland, with pockets of old hamlets and new sprawl. All are reliant on wells.

I went for an unusual hike on Sunday – in the stream bed of the Wichecheoke Creek. The Wichecheoke is just north of the Alexauken, and meets the river at Prallsville Mills.

Both creeks are Category One waters on the basis of exceptional ecological significance.

Just think about all the plants and critters that rely on that stream flow to survive (that’s what those long awaited DEP Eco-Flow Goals are all about. )

And then think about how important that well watered green lawn is – or the totally unregulated water pumping to support those irrigated crops.

No farms no food – but no water no farms.

Alexauken Creek, West Amwell (9/5/10). Reduced to a pcoket of puddles, no flow. Heron has even less water in same location shot back in July

Alexauken Creek, West Amwell (9/5/10). Reduced to a pocket of puddles, no flow. Heron has even less water in same location shot back in July

Alexauken Creek, just upsream from heron location. Zero flow, no pools either. This stretch is surrounded by farms.

Alexauken Creek, just upsream from heron location. Zero flow, no pools either. This stretch is surrounded by farms.

Tributary to ALexauken, just downstream of heron location. We wrote previously about need to get the cows out of this Category One stream.

Tributary to Alexauken, just downstream of heron location. We wrote previously about need to get the cows out of this Category One stream.

Wickeoke Creek stream bed. No flow. Delaware tributary just north of Alexauken. Enters Delaware at Praulsville Mills

Wickecheoke Creek stream bed. No flow. Delaware tributary just north of Alexauken. Enters Delaware at Prallsville Mills

Wickeoche - stagnant pools were pretty nasty. Other than algae, not much aquatic life living in them.

Wickecheoche – stagnant pools were pretty nasty. Other than algae, not much aquatic life living in them.

Wicheoke - one benefit of no stream flow: it allows one to see the serious bank erosion.

Wickecheoke – one benefit of no stream flow: it allows one to see the serious bank erosion.

Wicheoke - heron has some slim pickings from those stagnant pools.

Wickecheoke – heron has some slim pickings from those stagnant pools.

This is where the Alexauken meets the D&R Canal, just east of the river. Hit the first link above (for "Alexauken Creek") and compare the no flow in the stream on 9/5/10 with the October 2009 flood stage.

This is where the Alexauken meets the D&R Canal, just east of the river. Hit the first link above (for “Alexauken Creek”) and compare the no flow in the stream on 9/5/10 with the October 2009 flood stage.

See, that in the weeds wonkism on water policy wasn’t so hard to write about and communicate, was it?

So why is this story not in the news?

[Update 3 – well back on line – replenished overnight. I wonder though: do reprters have wells? Do they have eyes and go outside and see the kind of conditions depicted above? If so, why don’t they take some initiaitve and write about them? Why do they always wait for DEP to make it “official” with a press release? Is it now impossible for there to be news without a government press release?

Update 2: 9/8/10 – by golly, either my crystal ball is working overtime or WolfeNotes posts are having an impact. Looks like scientists are growing some stones. See today’s Asbury Park Press story by Kirk Moore: “Experts, report link NJ’s weather extremes to global warming“.

My goodness, I studied this stuff as a freshman in college in 1975, have been trying to get DEP to focus on it for many years, and have been writing about it here for over 3 years now. But still glad our friends at Environment NJ wrote the report].

Update 1: 9/8/10: I think Commissioner Martin reads WolfeNotes – DEP just issued an expanded statewide drought watch, but it’s still not close to enough. As you can imagine, this quote from the DEP press release particularly galls me:

Stream flow levels also declined to the severely dry category in the coastal north region. Only in the coastal south region are stream flows moderately dry. Hot, dry weather continues to stress shallow groundwater and is beginning to impact some private wells.

End Update]

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DEP Report: Over 500 Unregulated Chemicals In Your Tap Water

September 7th, 2010 No comments

DEP scientists presented a Report to the NJ Drinking Water Quality Institute on May 7, 2010.

The Report, entitled “Investigations Related to a ‘Treatment-Based’ Regulatory Approach to Address Unregulated Contaminants in Drinking Water  found over 500 unregulated chemicals are present in NJ drinking water.

It recommended that public water supply systems install treatment to reduce the health risks of these chemicals.

DEP has known about these risks since 1997 – but has failed to act to protect public health.

We are petitioning DEP to develop regulations that require public water supply systems to install treatment systems, monitor for these chemicals, and disclose these risks to consumers.

For Immediate Release: September 7, 2010
Contact: Bill Wolfe (609) 397-4861; Kirsten Stade (202) 265-7337

FILTER THE CHEMICAL SOUP IN NEW JERSEY’S DRINKING WATER – Available Treatments Could Screen Hundreds of Unregulated Compounds from Taps

Trenton – New Jersey should filter its drinking water to remove hundreds of chemicals, most of which are unregulated, from its drinking water supply, according to a rulemaking petition filed today by Public Employees for Environmental Responsibility (PEER). The plan to screen many chemicals out of tap water was actually developed by the state Department of Environmental Protection (DEP) but has been in limbo for the last six years.

State testing has detected approximately 600chemical compounds in 199 samples collected – including five brands of bottled water, according to a recent DEP white paper. The vast majority of these chemicals, including pharmaceuticals, hormones, and cleaning products, are not regulated by either the federal or state government. As a result, there is no regulatory effort to reduce or eliminate them from drinking water.

The April 2010 DEP white paper, entitled “Investigations Related to a “Treatment-Based” Regulatory Approach to Address Unregulated Contaminants in Drinking Water, advocates used granular activated carbon filtration and other techniques to remove most chemicals in drinking water, noting that carbon filtration alone removed more than half of identified chemicals.

“Treatment of drinking water is not a panacea but would be a major step forward,” stated New Jersey PEER Director Bill Wolfe, a former DEP analyst, noting that no single technique or combination of techniques will filter all chemicals out of drinking water. “The alternative is having the public serve as a chemical sponge for hundreds of unregulated compounds coming out of our spigots every day.”

DEP has already paid for two carbon filtration system for groundwater. Operating costs are fractions of a penny per gallon treated. Treatment is also a key drinking water strategy being explored by the U.S. Environmental Protection Agency, headed by Lisa Jackson, a former DEP Commissioner.

On February 2, 2004, DEP proposed to move forward on installation of treatment technology to reduce levels of organic contaminants among other drinking water quality strategies. After public comment, the plan languished and was never implemented. The DEP white paper was presented at the May 7th state Drinking Water Quality Institute meeting and will be discussed at its upcoming September 10th meeting.

Meanwhile, under Governor Chris Christie, DEP has backed away from a slew of proposed drinking water quality standards tied to public health concerns on chemicals ranging from perchlorate to formaldehyde to benzene and vinyl chloride. The Christie administration has yet to articulate a drinking water strategy.

“Protecting our drinking water should be on the agenda of the Christie administration but has yet to make an appearance” added Wolfe. “Treatment technologies would help but are not a replacement for ensuring that harmful chemicals do not enter our waters in the first place.”

###

See the PEER rulemaking petition

Read the DEP white paper

View the orphaned 2004 DEP treatment plan

Look at the recent DEP retreat from drinking water standards

Examine the growing chemical contamination of drinking water

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

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DEP Backpeddling on Dupont Cleanup Permit Deal

September 6th, 2010 No comments

DEP move to “streamline” cleanup oversight opposed by Pompton Lakes residents

You can read today’s Bergen Record  story by Leslie Scott: Public hearing for DuPont permit will be scheduled soon – or get the real story below. Your choice.

On July 25, 2010, DEP quietly published a notice in the fine print of the legal section in the back of the local Pompton Lakes paper, Suburban Trends.

The DEP notice was written in legalese, with an overlay of bureuacratic jargon about a “permit by rule” for a “NJPDES discharge to groundwater permit” for Dupont’s DEP approved “remedial action workplan”.

Totally transparent, consensual, above board, and understandable move. Right. But, bureuacracy for $1000: just what the hell is a “permit by rule“? (see below for detailed answer!)

The DEP notice was discovered by watchdog residents. After 25 years of delay, manipulation, lax oversight, and deception by Dupont AND DEP, they’ve had enough and are paying close attention and monitoring cleanup efforts.

For those not following this case, a brief recent history is in order:

In the summer of 2008, it was “discovered” that the polluted groundwater plume had migrated further off the Dupont site and was under about 450 homes, where toxic vapors were seeping into homes and poisoning people.

Residents organized, began asking key questions, and demanding answers from Dupont and DEP (see this for the history).

Shortly thereafter, a State report found elevated cancer rates. A firestorm ensued and all hell broke loose.

Residents demanded that the cleanup be taken away from DEP and asked Senators Lautenberg and Menendez and Congressman Pascrell to have the Dupont site listed as a Superfund site under federal EPA control.

Earlier this spring, EPA rejected the Superfund option, but pledged to work closely with the community, hold both Dupont and DEP accountable, and expedite and improve the cleanup. Importantly, as an alternative to Superfund, EPA pledged to manage the cleanup under federal RCRA – the Resource Conservation and Recovery Act.

So that quiet DEP notice came as a big surprise, given the new commitments to transparency and more aggressive oversight.

On August 6, Jim O’Neill of the Bergen Record wrote the story and exposed the behind the scenes move: “Residents skeptical of DuPont’s bid for permit change in Pompton Lakes cleanup

DuPont has asked the state to alter a key permit for its cleanup of contaminated groundwater in Pompton Lakes, a move that some residents and environmentalists say could reduce the public’s oversight of DuPont’s cleanup efforts. …

But some are alarmed because the change would eliminate the regular five-year renewal as an opportunity for public involvement. “The proposed change would eliminate the public’s ability to review, comment and seek modifications of DuPont’s pump-treat system,” said Bill Wolfe, head of the New Jersey chapter of Public Employees for Environmental Responsibility. “This is a significant change.”

Other say the move reinforces a lack of trust in DuPont that many residents have had for decades. “All aspects of the cleanup have been extremely controversial and of vital concern to residents. The lack of trust we have had requires transparency from DuPont and the DEP,” said Ed Meakem of Pompton Lakes Residents for Environmental Integrity. The group will ask the DEP for a public hearing on the proposed change.

Lisa Riggiola, head of Citizens for a Clean Pompton Lakes, agreed. “Instead of weakening what already exists to regulate environmental cleanup, the citizens deserve and are in dire need of action to strengthen the monitoring of work being performed by DuPont.”

DEP initially tried to downplay the permit change as purely administrative and implementing minor rule changes made in 2005 to “streamline” the cleanup program.

After pressure from residents and a request for a public hearing, a week later on August 13 DEP agreed to extend the public comment period.

But strangely, DEP did not grant the request for a public hearing (see Bergen Record: NJDEP  exteends comment period for new Dupont permit“.

Residents reiterated their demand for a public hearing. Again, one week later, DEP was forced to concede and agree to hold a public hearing , which has not yet been scheduled (see today’s Bergen Record Public hearing for DuPont permit will be scheduled soon

Now, back to the bureuacracy for $1000 question: just what is a “permit by rule”?

You can read DEP’s “NJPDES Discharge to Groundwater Technical Manual“, and applicable DEP cleanup regulations (see also cross reference to NJPDES @NJAC 7:14A-2.5(a)) and  EPA RCRA regulations (@40 CFR 265.121) – or you can just take our word for it:

WORD: The move would violate both DEP’s own regulations and federal RCRA requirements because it would eliminate RCRA required meaningful community involvement and would not meet minimum federal “enforceable document” requirements.

Since this is a long post already, more to follow this week on the federal RCRA compliance issues.

Oh, and Happy Labor Day! If you’ve gotten this far, you sure deserve it!

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Be Mindful – A Perverse Form of Caveat Emptor

September 5th, 2010 1 comment

Have We Lost All Touch With: “There ought to be a law against that!”?

home for sale in Pompton Lakes plume area, July 2008

home for sale in Pompton Lakes plume area, July 2008

Back in January, we warned about proposed legislation (S3004/A3852) that would weaken the rights of homeowners, renters, and people purchasing property to know about toxic contamination.

The legislation was quietly being pushed by the real estate industry – so quietly in fact that they didn’t even openly testify in support of it, but rather used DEP to do their dirty work for them (see: According to DEP: Real Estate Values Trump Public Right to Know About Risks From Nearby Toxic Sites).

Illustrating the degree of influence held by powerful special interests in Trenton, remarkably, that bill passed both houses of the Legislature by wide margins. But thankfully, it was pocket vetoed by outgoing Governor Corzine.

Today’s Bergen Record carried a story that brings this debate back to life. But in doing so, it seems to forget all about government’s role, amounting to an extreme and perverse form of caveat emptor– see: Be mindful of potential hazards.

The Record’s readers have demonstrated interests at stake, given a number of local cases where people have been poisoned in their own homes by “vapor intrusion”, a process where toxic chemicals seep into homes from undergound pollution.

The poster child for this outrage is in Pompton Lakes, where about 450 homes located on top of a toxic chemical plume were poisoned by Dupont.

The Record’s story opens with a disclosure of severe abuse that occurs:

First-time homebuyer Jared Goldman had made three visits to a house he was interested in purchasing in the Radburn section of Fair Lawn when a neighbor told him about ongoing testing for a flow of toxic tetrachloroethylene (PCE) in the area. Among the stacks of information provided by the seller’s Realtor was no mention of possible contamination by substances left behind by a dry cleaning business that closed several years ago.

When Goldman learned of the Radburn spill, he consulted officials of the New Jersey Department of Environmental Protection (DEP), as well as representatives of the company in charge of cleaning up the site. He reports, “I learned that the water which was tested closest to my potential home purchase showed non-detection in late June/early July. Several homes, though, did have PCE vapors found, and remediation has taken place, or still is ongoing. With all this knowledge, I find it in terrible taste that Realtors continue to show homes in this area without disclosing that testing is still taking place.”

No mention? No disclosure? Burden on the buyer to research this? No DEP requirements? What?

I would assume that anyone reading that would immediately imagine themselves in the shoes of the home buyer, get angry, and shout: “There oughta be a law against that!”

I would assume that readers would be even angrier if they learned that the real estate industry is actively seeking to avoid disclosing this information.

But, no, instead of writing the obvious “there oughta be a law against that” kind of story, today’s lame story does just the opposite.

It instead goes on to quote various real estate agents about how things are working just fine – essentially misleading, instead of informing readers.

Pompton Lakes polluter Dupont is actually praised for beingopen”: (ask Pompton Lakes residents about that!)

When she is dealing with a home in the [Pompton Lakes] plume area, she encourages potential buyers to visit the municipal office for detailed information and to check in at the storefront that DuPont has set up in Pompton Lakes.

They’re constantly testing,” says Goll, “and not all the homes have an intrusion. One house could have a high reading, and the house next door could have nothing. Sometimes it depends on how the house is constructed. DuPont is open about it. They install mitigation systems, or they upgrade radon systems that are already installed.

The Record reporter wouldÂhave gotten a far different perspective if she spoke to real homeowners in Pompton Lakes – or even if she read the Record’s own extensive coverage of this issue.

By reading this lame story, readers would never know that real estate industry lobbyists are working to withold information about toxic risks, with DEP’s support no less!

Readers should know that in January, DEP testified that current public notification law allegedly is “negatively impacting property values” (that’s a quote from DEP testimony). And the DEP manager who gave that shameful testimony (supporting a real estate industry bill that the Gov. she worked for at the time vetoed) was promoted and is now Deputy Commissioner.

By reading this lame story, readers would never know that Dupont is being sued for failure to disclose information and warn homeowners of known risks (see this and the Record’s own coverage: “Pompton lakes residents begin suing Dupont over pollution“).

And main stream media wonders why people read blogs and are abandoning newspapers in droves.

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Scientists with Stones

September 2nd, 2010 No comments

If a man seeks to design a better mousetrap he is the soul of enterprise; if he seeks to design a better society he is a crackpot~~~ John Kenneth Galbraith “American Capitalism” (1952)

[Update below] 

No, by “stones”, I’m not talking about geologists, but rather using slang that refers to those parts of the male reproductive anatomy that serve as symbols of courage.

I frequently write about how scientific uncertainty effects policy and have recently written to criticize what I see as a certain reluctance by some scientists to enter the public policy arena, in deference to some false notion of scientific objectivity and credibility (e.g., see this on DEP regulatory policy and public health, see this on modeling and energy policy, see this on risk assessment and drinking water, see this on Barnegat Bay, and this on Global Warming, and this on the media “freak show”, and this on land use).

While I stand by all that, I may have inadvertently miscommunicated some aspects of the Barnegat Bay situation and was particularly harsh – perhaps unfairly so – in using the release of a recent study on land use change by Rutgers and Rowan to illustrate this dynamic.

I like to keep this blog current, and revise my thinking and previous posts as new information and evidence emerge.

So today I’d like to return briefly to the Rutgers/Rowan study post in light of an August 29 Bergen Record Op-Ed “Is NJ Running Out of Open Space?” written by that study’s authors, John Hasse of Rowan and Rick Lathrop from Rutgers. Both have done outstanding work in land use in NJ.

And while I’m at it, I’d also like to clarify the Barnegat Bay post to recognize a superb NJ scientist who exemplifies the best of being – for lack of a better term – what I will call a scientist with stones.

The conventional wisdom (sometimes referred to as “positivism“, and with which I disagree) erects an absolute and false barrier between facts and normative values.

This view discourages scientists from entering the policy arena. It also provides a comforting justification to salve the conscience of the individual scientist and allow him/her to rationalize a degree of isolation and disengagement that amounts to cowardice and professional irresponsibility.

It allows journalists to report stories as “he said/she said”.

It creates a dangerous vacuum in the public debate that is filled by powerful special interests and all sorts of charlatans, from global warming deniers to “intelligent design” religious zealots who reject Darwinian evolution. The standard veiw goes like this:

Science is a process of inquiry grounded in hypothesis testing and observation. Scientists aim to produce objective, value-free  information from data gathered from the natural world. Thus, scientists are comfortable collecting information that can be used to understand the potential consequences of actions; however, scientists generally begin to feel uncomfortable when asked to advise decision makers regarding what should be done given the scientific information presented. Scientists who abandon objectivity for advocacy run the risk of loosing credibility in the eyes of other scientists and the public (Boesch and Macke 2000). Therefore, scientists should not be asked what should be done, but rather to define the possible range of actions and evaluate the consequences of those actions.

Scientists often use this excuse to avoid political controversy. At times, it is justified in a well founded fear of retaliation – tenure and funding decisions have been used to basically defund certain researchers or institutions. Scientists are keenly aware of these kind of politics.

That political sensitivity was revealed by an unusual caveat that accompanied the Hasse Lathrop Op-Ed. It was posted prominently at the top, preceding the text, not as a typical end note:

John Hasse is an associate professor of geography and director of environmental studies at Rowan University. Richard G. Lathrop Jr. is director of the Walton Center for Remote Sensing and Spatial Analysis and a professor in the department of ecology, evolution and natural resources at the School of Environmental and Biological Sciences, Rutgers University. The opinions expressed in this article do not necessarily reflect the views of the authors’ academic institutions.

The Hasse/Lathrop Op-Ed did a fine job of laying out the problem and posing key policy questions. They wrote:

Reframing and renovating our complicated land management system under this common goal brings into focus that we are all participants in designing New Jersey’s “Final Landscape”. We use the term “final” in the sense that land use will be locked in a pattern that will likely persist into the next century and beyond.

How will New Jersey’s built-out landscape look? How will it function? Will we be proud to hand it to our grandchildren? Will it be sustainable for their grandchildren? Will it grow our food? Will it affordably house our people? Will it move our people efficiently from home to work, to school, to play? Will businesses want to relocate and stay here?

It may be too late on the land use issues.

But if that kind of scientific leadership could be sustained and expanded upon into legislative and regulatory policy arenas, it would serve as a wakeup call and an example of the kind of work we need more of from our scientific community.

On July 28, I wrote these words, which I must revise in light of this Op-Ed:

The academics and planners at places like NJ Future generally were nowhere to be found …

We note that the academics were extremely reluctant to discuss their work (one reason why we chose to release it), or educate the public about the implications of their data, or engage the volatile policy debate. Of course, that abdication unwittingly undermined our efforts.

So, a significant part of the problem is that those same academics have sat on the sidelines for two decades as the sprawl boom consumed the NJ landscape.

Moving on to the Barnegat Bay debate, we see a perfect illustration of sustained scientific leadership by Mike Kennish of Rutgers.

Kennish is the leading expert on Barnegat Bay – see his July 14 powerpoint DEP presentation on ecological conditions of the Bay [Update: read the complete paper here which finds:

Eutrophication poses the most serious threat to the long term health of the Barnegat Bay-Little Egg Harbor Estuary (Kennish et al., 2007a). Nutrient enrichment and associated organic carbon loading in this shallow, coastal lagoon have been linked to an array of cascading environmental problems such as increased micro- and macroalgal growth, harmful algal blooms (HABs), altered benthic invertebrate communities, impacted harvestable fisheries, and loss of essential habitat (e.g., seagrass and shellfish beds). The net insidious effect of progressive eutrophication is the potential for the permanent alteration of biotic communities and greater ecosystem level impacts.

In contrast to the conventional wisdom, Kennish is outspoken. He backs up his expertise by participating in public policy debates and is not afraid of the press, politicians, or DEP managers.

Kennish does not hide behind scientific uncertainty and he does not hesitate to target key regulatory tools that can protect the critical Bay natural resources he studies.

This quote from an August 6 Kirk Moore story from the Asbury Park Press series on the Bay sums that perspective up:

We have the data already. We’ve had it for years,” said Michael Kennish, a research professor who heads Rutgers University efforts to study Barnegat Bay’s pollution problems. “We know what the problems are. We need to have big stuff done, mandates and requirements imposed by DEP.”

Kennish cuts right through false scientific uncertainty used by bureaucrats and special interests to delay and block effective action. He targets the regulatory tools needed to solve the problem. And he identifies where the solutions to the problem lie.

Kennish’s approach is to conduct quality science and present it in a way that promotes democratic values, educates and empowers people, and holds policymakers accountable.

I couldn’t ask for more, from a scientist with stones.

[Update: 11/8/10: 2 months later, a “scientist with stones”, Dr. Kennish recognized: Rutgers professor honored for work with Barnegat Bay]

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