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GARDEN STATE ENVIRONEWS 030206

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Feb 5, 2003, 11:43:12 PM2/5/03

030206

GARDEN STATE ENVIRONEWS

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TABLE OF CONTENTS
~~~~~~~~~~~~~~~~~
{*} GARDEN STATE LEGISLATIVE REPORT
{*} BUILDERS GROUP SUIT SEEKS MORE EHT HOMES
{*} MIDDLETOWN MASTER PLAN APPROVED
{*} MIDDLESEX COUNTY TO ACQUIRE 300 ACRES FOR PRESERVATION
{*} TREE-EATING PINE BEETLE OUTLASTS COLD WEATHER
{*} RESEARCHERS FIND INVASIVE SPECIES ARE HEALTHY SPECIES
{*} LEAD EXPOSURE AFFECTS MALE FERTILITY
{*} NEWARK RESIDENTS LEARN HOW TO TEST FOR LEAD DANGER
{*} HAMILTON LANDFILL SITE RAISES RESIDENTS' CONCERNS
{*} TOXIC CLEANUP COULD UPROOT SOME LONG BRANCH RESIDENTS
{*} STUDY TO FOCUS ON BARNEGAT BAY
{*} BARNEGAT BAY ENVIRONMENTAL GRANT FUND 2003
{*} DEP ORDERS CLOSURE OF SHELLFISH BEDS IN OCEAN COUNTY
{*} ESTUARY MONITORING WORKSHOP - MAR 21-22
{*} GOOSE DAMAGE MANAGEMENT WORKSHOP - FEB 20
{*} ENVIRONMENTALLY PREFERABLE PURCHASING TRAINING - MAR 19
{*} STUDENT ADVENTURE TRAVEL SCHOLARSHIPS

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The Garden State EnviroNet (GSE) gratefully acknowledges volunteers
Gerald Cullins, Bambi Dingman, Jeff Hook and Paul Neuman for their
contributions to today's issue.

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GARDEN STATE LEGISLATIVE REPORT

Date: 030204
From: din...@gsenet.org

[Full report at: http://www.gsenet.org/legislate.php]

Last updated February 4, 2003

- - -

A588 Provides for voluntary contributions by taxpayers on gross income
tax returns for New Jersey-Local Open Space Acquisition.

...

A2585/S1714 Makes changes in the law concerning the cleanup of
hazardous substances.

...

A2628 Establishes corporation business tax credit for certain
remediation costs.

...

A2998/S2129 Requires installation of carbon monoxide detectors in
single and two-family homes.

...

A3001/S2069 Requires installation of carbon monoxide detectors in
single and two-family homes upon initial occupancy or change of
occupancy.

...

A3082/S2153 Provides legislative authorization for certain projects of
the Delaware River and Bay Authority.

...

A3214 "New Jersey Water Supply Infrastructure Act."
Primary Sponsors: Cryan, Joseph; Gusciora, Reed

...

A3224/S2128 Appropriates $14,548,000 from "Garden State Farmland
Preservation Trust Fund" for farmland preservation purposes.

...

A3228 Revises rules governing the recycling of certain construction or
demolition debris.

...

A3238/S110 Requires adoption of emissions portfolio standard under
certain conditions.

...

A3239/S1293 Directs DEP to establish risk assessment program for
industry and improved monitoring of hazardous air pollutants
Statewide.

...

A3244 Allows a gross income tax credit for the incremental cost of an
alternative fuel vehicle.

...

A3270 The "Utility Facilities Relocation and Installation Act."

...

A3275 Establishes toll-free hotline to report motorists who litter in
New Jersey.

...

A3277 Extends deadline on DEA authorization to refinance county solid
waste facility bonds from December 31, 2002 to December 31, 2003.

...

AR235/SR18 Opposes actions by federal government encouraging new
offshore oil and natural gas drilling.

...

AR239/SR112 Urges US Congress not to cut Low Income Home Energy
Assistance Program aid.

...

S812 Clarifies provisions of "Electric Discount and Energy Competition
Act" concerning municipal electric power systems and rural electric
cooperatives.

...

Senate Action: Nominations Reported from Committee

There was no Senate Action this week.

- - -

For further information about any of this legislation or nominations,
please visit the New Jersey Legislature website at:
http://www.njleg.state.nj.us/

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Bambi Dingman - Associate Editor - din...@gsenet.org

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BUILDERS GROUP SUIT SEEKS MORE EHT HOMES

Date: 030205
From: http://www.pressofatlanticcity.com/

By Dan P. Lee, Staff Writer, (609) 272-7209
Press of Atlantic City, February 5, 2003

Egg Harbor Township - A builders' advocacy group has filed a lawsuit
aimed at blocking the township from reducing the number of homes that
can be built in its Pinelands-designated growth areas.

The Builders League of South Jersey contends the state Pinelands
Commission failed to follow statutory and regulatory guidelines in
approving the township's application for a 20 percent reduction in the
total number of new homes the township must accommodate in its growth
areas.

The commission approved the cut late last year on top of a 10 percent
reduction the commission authorized in 2001. The reductions - also
authorized for Hamilton Township - came in large part in response to
Egg Harbor Township's repeated complaints that it was being
overwhelmed by rapid residential growth.

The two reductions brought the maximum number of homes Egg Harbor
Township will be forced to accommodate in its growth areas down from
the original 33,000 to about 24,000.

Rick Van Osten, the league's executive vice president, said the
suit - filed in the state Superior Court's Appellate Division last
Friday - primarily takes issue with the data used by the township in
creating the zoning that implemented the reduction, data the
commission ultimately signed off on.

"The major concern was the way they calculated the reduction, by
including things in there like cemeteries and wetlands that can never
be developed," Van Osten said. He said that township officials thereby
inflated the amount of available developable land in the township,
making the new densities unrealistic and unachievable.

The reduction took effect via new zoning regulations, which in
several growth areas, such as the township's Bargaintown section,
allow one or two homes per acre as opposed to three or 31/2 or more,
according to Township Administrator Peter Miller.

The suit criticizes the township for increasing lot sizes rather than
simply decreasing densities, claiming doing so has resulted in a much
greater reduction of residential development than what the township's
data suggest.

Miller unequivocally denied that the township included cemeteries
and/or wetlands in its calculations and said downzoning was the
obvious way to reduce densities.

Miller said the major issue the league raised concerning wetlands was
whether densities could be achieved in areas containing them. To that
end, Miller said, the township gave in to the league's desire that
clustering - or duplex housing - be permitted in those areas in
crafting the master plan that implemented the density reduction.

The suit also takes issue with what the league has called the
township's resistance to apartment-style housing. Van Osten said the
township included apartment zoning as a conditional use as opposed to
a permitted use and established unrealistic, unwarranted conditions
for apartment zoning.

Miller said the league raised the same complaint during a recent
public hearing but could not provide any proof beyond saying that few
if any apartments had been built in the township in recent years.

Miller said the reason for that is that there simply had not been a
demand for apartment-style living in the township, although he said an
application now is pending for a 100-plus unit apartment building
along Delilah Road within one of the township's growth areas.

"That person didn't have any problems with our standards," he said.
"The conditions are not unattainable and are not unrealistic. They're
pretty standard."

Annette Barbaccia, the commission's executive director, said in an
interview Tuesday that she could not discuss details of the lawsuit
since doing so could compromise the commission's position.

She did say, however, that the league was an active participant in
the commission's long discussions and negotiations concerning the
reductions and that the commission extensively reviewed Egg Harbor
Township's data in addition to its own.

"Did everybody get what they wanted? No. That's always the case when
you're dealing with a complicated process such as this," she said.

"We understand that the developers are concerned about losing some
opportunity for development that you always have with downzoning and
we appreciate that that's their concern," she continued. "But there
are many other important issues here."

Barbaccia also said that the new zoning "offers more realistic
opportunities to achieve the density that's permitted than did the
former zoning."

Van Osten said the league did not take similar action against
Hamilton Township because Hamilton Township's "methodology was
different than what Egg Harbor Township did."

Even with the reductions, Egg Harbor Township still will face the
highest number of new homes among growth-designated municipalities,
with the potential for 17,000 additional housing units, according to a
commission analysis. The township already has seen 6,000 homes built
in its growth-designated areas alone, with thousands more approved but
not yet built.

Galloway Township, slated to accommodate fewer new homes than
Atlantic County's other two Pinelands-designated high- growth
communities, was not involved in the reductions.

* * *

To email Dan P. Lee at The Press: DL...@pressofac.com

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MIDDLETOWN MASTER PLAN APPROVED

Date: 030205
From: http://independent.gmnews.com/

TOWN CENTER DEVELOPERS ANGERED

PLAN CALLS FOR PRESERVING TOWNSHIP'S HISTORIC VILLAGES

By Elaine Van Develde, Staff Writer, Independent, 030205

The revised master plan has been approved, setting a model for land
use in Middletown and infuriating proponents of a town center
development.

The plan, unanimously adopted by the Planning Board on Jan. 29, is "a
policy document to serve as a development and conservation guide for
the 24,000 some acres that comprise the township," Planning Director
Anthony Mercantante said.

The plan's premise is that the distinct identity of the 43-square-
mile township lies in its 13 historic villages. That contention makes
moot any claim that the town needs a mixed-use center or square as a
hub, according to the plan.

A town center was seen as needed 10 years ago when the master plan
was last revised in 1993 and development was on a downswing. A decade
later, sprawl is imminent and identity is not an issue, according to
the plan.

Those in favor of a town center continued to argue at last week's
final public hearing on the plan that building the $150 million,
137.5-acre, mixed-used center in the township would give it the
identity it needs.

Identity is and has always been strong in each of the scattered
township hamlets, said members of the Planning Board and supporters of
the new master plan.

In one of those hamlets, where the town center could have gone,
according to the 1993 plan, an active adult community would fill an
untapped need, according to the new plan.

While the town center vs. active adult community argument remained
the meeting highlight, the piece of land at issue represents a minor
part of the comprehensive, revised master plan.

"There are many components of the master plan's goals and
objectives," said Annemarie C. Uebbing, a planner working with the
township on the master plan.

One of those goals is to rezone the planned development (mixed
use/town center) district - where the town center could have gone - on
Route 35 between Kanes Lane and Kings Highway East to an active adult
housing zone. The zone change, Uebbing said, would accommodate a
target population of baby boomers who will be in need of the housing
and hitting its target ages of 55-74 by 2006.

This type of housing, Uebbing said, should be in close proximity to
employment cores in New York and New Jersey; national resources;
medical, educational and shopping facilities; and should have local
historic character.

Town center supporters vehemently opposed the idea of a zone change.
They said that the spot targeted for active adults should be a center
for young people.

"As a young person, there is no place to go to congregate," said
Anthony Strangia, a student of Middletown High School South, reading
from a prepared statement. Strangia said he was ticketed three times
by area police in a short period of time for taking dates to spots
outside of town because he had nowhere else to go. Strangia lives on
Borden Road.

Assemblyman Joseph Azzolina, R-13, father of town center developer
Joseph Azzolina Jr., also lives on Borden Road.

"My friends say, `What about the trees?'" Strangia added. "There are
no trees anyway."

Other town center advocates packed the standing room only hearing. A
public relations associate was on hand, preparing speakers in the
hallway and handing out press releases. Anti-town center residents and
officials alike waited for their turn to applaud the plan.

Freeholder Amy Handlin, also a Middletown resident, voiced her views
in support of the new master plan.

"In this time of severe development pressure in and out of all the
state's 53 towns, I'm proud to live where [officials] are trying to
combat it," Handlin said.

Resident and town center supporter Cathy Sullivan disagreed with
Handlin's stance. "The town square plan is not part of the problem,
it's part of the solution," she said. "The town center was your vision
(the planning board's) of 10 years ago. The developer is willing to
take on that vision."

However, others called the 10-year-old town center idea dated and the
new plan more conservation-friendly in a time of suburban sprawl.

Resident Greg Vasil spoke against the plan as an individual and a
member of The Concerned Citizens of Middletown, a grassroots group
vocally opposed to the town center plan. "Contrary to what Mountain
Hill (the town center developer) would lead everyone to believe, the
Concerned Citizens do understand that the developer has a right to
develop his property. However, we stand firm in our thoughts that
their plan would destroy our beautiful town. I support the new master
plan, which is designed to stop the suburban sprawl."

Concerned Citizens Attorney Ron Gasiorowski, Red Bank, agreed with
Vasil's statements, saying that the property targeted for a town
center by the 1993 master plan "only comprises 135 acres of the 43-
square-mile town. One project should not be the focus of land use
representing an entire large town. Our goal (Concerned Citizens) was
not to prevent a developer's right to develop. The fact is that
Mountain Hill never presented a plan in full compliance with the
town's ordinances. Obviously the residents have spoken and they like
the concept of an active adult community as opposed to a larger- than-
permitted town center."

Resident Walter Spradley, who owns the Heath Farm on Harmony Road,
spoke in support of a town center and denounced the township's new
master plan. Spradley said change and development are a plus in the
township.

"My farm was purchased by my grandparents in 1885," Spradley said. "I
arrived in Middletown in 1928. I left and came back. I'm glad
Middletown changed when I came back. I'm glad planners had to envision
change. I am expressing my support of some sort of town center. If it
be 100 acres, be it that way. In passing up a town center with the new
master plan, you're overlooking children's needs. I'm hoping and
praying you will have the wisdom and courage not to let this
opportunity for a town center pass. It's a once in a lifetime
opportunity for Middletown."

The Planning Board passed on the merits of a town center, adopting
the master plan with an aim to preserve historic integrity in 13
villages and provide a place for active adults to live instead. The
need for a central gathering place with mixed uses has passed its
prime, the board said. Current times of unchecked suburban sprawl call
for more conservation and less encouragement of new development, it
added.

Despite the passing of the plan, developer Mountain Hill still hangs
onto the parameters of the 1993 plan, which encouraged a town center
development. Mountain Hill attorney Gary Fox submitted a long letter
to the board denouncing the new master plan and saying that the same
Middletown officials who now denounce the town center are the ones who
staunchly encouraged it in 1993.

Mountain Hill still has a plan before the Zoning Board asking for a
variance to extend the parameters of the town center into a
neighboring light industrial zone.

Whether or not the new master plan will hinder that objective remains
to be seen.

The master plan is a guide for development that is supposed to be
executed via the passage of zoning ordinances by the Township
Committee which would enact the changes recommended. "It provides a
fingerprint for planning," said Mayor Rosemarie Peters. "The state
likes to see the plan enacted."

The question now is whether or not the Township Committee will have
enough votes, or a super majority, to enact the zoning
recommendations.

Committeeman Rick Brodsky cannot vote on anything affecting the town
center zone because he is an attorney whose firm has represented the
developer at one point in time.

Committeeman Raymond O'Grady has adamantly supported the town center
and has said he will not vote for anything that will prevent it.

Mayor Peters, Deputy Mayor Joan Smith and Committeeman Patrick
Parkinson have gone on record as opposed to the town center plan as
presented. They support the new master plan. The plan, as a whole,
said Peters, is supposed to be supported by the township.

"We'll have to see what happens when it comes time to enact the plan.
What good is a master plan if it's not enacted?" said Patrick Short,
active member and past vice president of Concerned Citizens. "I think,
considering the all- encompassing impact of the master plan on the
entire town, and not just the town center tract, the super majority
vote rule may be considered differently."

"We do need to have a super majority vote, and no, Rick [Brodsky]
cannot vote when it comes to any zone change ordinances to enact the
master plan which affect that one area," Peters said. "Then again,
maybe opinions will change in light of what the new plan recommends."

Other goals in the new master plan are to preserve the township's
historic village character, protect its watersheds, preserve the
fishing industry in the Port Monmouth and Belford sections of town,
conserve open space and farmland, provide affordable housing; and use
areas along routes 35 and 36 for redevelopment.

* * *

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MIDDLESEX COUNTY TO ACQUIRE 300 ACRES FOR PRESERVATION

Date: 030205
From: http://www.thnt.com/

By Raven Hill, Staff Writer, Home News Tribune, 2/05/03

Middlesex County - The Board of Freeholders plans to authorize
acquisition of more than 300 acres of farmland in East Brunswick,
South Brunswick and Cranbury tomorrow.

The farms are part of 485 acres added last summer to the county's
Farmland Preservation Program. They include the 130-acre Simonson farm
in Cranbury, the 72-acre Von Thun farm on Ridge Road and the 53-acre
Seven Kay Associates farm on Dey Road in South Brunswick, and a 48-
acre farm on Fresh Ponds Road in East Brunswick owned by William J.
Warren III.

Other farms are located in Old Bridge and Monroe.

Under the program, funded by the county, state and municipalities,
landowners may sell their development rights or easements on their
farmland to the county.

In exchange, landowners agree to have a permanent restriction placed
on their deed that only allows farming. While landowners maintain
ownership of the farm and can sell the land, it cannot be developed.

The Von Thun farm, which began with 90 acres in 1913, was the most
expensive easement to acquire at $3.5 million. Development rights for
the Simonson property cost $2.1 million. Warren's property carried a
$1.7 million price tag; the Seven Kay Associates farm was $336,450
less.

The Farmland Preservation Program includes more than 3,200 acres.
According to county estimates, more than 4,300 acres could be
preserved by next year.

* * *

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TREE-EATING PINE BEETLE OUTLASTS COLD WEATHER

Date: 030205
From: http://www.pressofatlanticcity.com/

By Jack Kaskey, Staff Writer, (609) 272-7213
Press of Atlantic City, February 5, 2003

New Lisbon - The southern beetle, a tree-eating insect that is
threatening Pinelands forests, survived last month's bitterly cold
temperatures, foresters told a Pinelands Commission panel Monday
night.

The tiny insect was discovered in New Jersey late in 2001 and already
has infested 1,274 acres of forest, according to the New Jersey Forest
Service. State foresters want to cut and remove 417 acres of trees at
11 priority sites in southern New Jersey before the beetles emerge
from their winter dormancy.

Dartmouth University research indicates that the beetles - a southern
species - generally don't survive temperatures below 5 degrees,
raising the possibility that last week's 3-degree low temperature
could have killed the pests. But state foresters who cut into the bark
Monday of infested trees in Belleplain State Forest found the beetles
are still alive, said Annette Barbaccia, executive director of the
Pinelands Commission.

The commission's Public and Environmental Programs Committee made a
few changes to a proposed memorandum of agreement with the Forest
Service, including reducing the area to be cleared from 1,275 acres
over three years to 850 acres over two years, Barbaccia said.

A hearing on the proposed agreement likely will occur later this
month, she said. A special commission meeting may be held Feb. 21 to
approve the agreement and allow foresters to complete the clearing
before spring.

* * *

Items for this column may be faxed to 272-7224, emailed to
jka...@pressofac.com or mailed to

Jack Kaskey
Press of Atlantic City
11 Devins Lane
Pleasantville, NJ 08232.

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RESEARCHERS FIND INVASIVE SPECIES ARE HEALTHY SPECIES

Date: 030205
From: http://www.ascribe.org/

THEY LEAVE BEHIND THEIR PARASITES

AScribe News, Feb 5, 2003

Santa Barbara, Calif. - Globalization of commerce, especially by
ships and air traffic, transports hitchhiking plants and animals
around the world and in many cases they become pests in the new
location - according to an article in the February 6 issue of the
journal Nature. One advantage that could explain their success is that
the invaders often arrive without the parasites that hold them in
check at home.

First author Mark E. Torchin, assistant research biologist at the
University of California, Santa Barbara, said that the team of authors
analyzed 26 invading animal species - mollusks, crustaceans, fishes,
birds, mammals, amphibians and reptiles - chosen randomly, and found
that, in general, the introduced populations had only half as many
parasites as native populations.

"On average, an animal has 16 parasites at home, but brings less than
three of these to new areas that it invades," said Torchin. "In the
new region, parasites are not well matched to novel hosts, and only
about four parasites will successfully attack an invading species."

On this research Torchin teamed up with co-authors Kevin Lafferty, an
assistant adjunct professor of biology at UCSB and a marine ecologist
with U.S. Geological Survey; Armand Kuris, professor of biology at
UCSB; his graduate student, Valerie McKenzie; and Andrew Dobson,
professor in the department of ecology and evolutionary biology at
Princeton University.

Kuris explained that parasites are so pervasive that parasitism is
the most common lifestyle on Earth. Many parasites don't just make
animals sick - they may castrate them, change their behavior, or even
kill them. By leaving parasites behind, introduced species have a
strong advantage over less fit native competitors which remain
fettered by their own full complement of parasites.

Borrowing from popular culture, Lafferty said, "Parasites are to
invasive species what kryptonite is to Superman. On his home planet
Krypton, kryptonite was a regulator, keeping Superman ordinary. Freed
from kryptonite on Earth he gained super powers. But unlike Superman
who used his power for good deeds, invasive species can be
devastating."

The European green crab (Carcinus maenas) is one voracious predator
that has been studied extensively by the authors Torchin, Lafferty and
Kuris. It has had a devastating effect on East Coast fisheries and is
now threatening fisheries in the Northwest as it moves from California
toward Puget Sound in Washington. The green crab eats Dungeness crabs,
rock crabs, mussels, oysters and clams. In northern New England, the
advent of the green crabs has been associated with the demise of the
softshell clam fishery. On the West Coast, the oyster, mussel and clam
mariculture industries are threatened, as are Dungeness and rock crab
fisheries, and bait fisheries. The green crab has also invaded
Australia, Japan, Tasmania and South Africa.

Torchin, Lafferty and Kuris found that in Europe, the green crab's
native home, parasitic barnacles castrated the crabs. Where the
barnacles were common, the crabs were small and rare. Conversely, the
scientists found that crabs were big and abundant in areas where
barnacles were uncommon.

In a separate, but parallel, study also published in Nature, Charles
Mitchell and Alison Power of Cornell University found that introduced
plants most likely to become weeds are those that have left behind the
most pathogens. The plant and animal groups worked side by side on the
research at UCSB's National Center for Ecological Analysis and
Synthesis.

According to both groups of authors, bringing in parasites from a
pest's native range can hinder superpests. The benefits to this
organic form of pest control are sustainability, low cost and reduced
dependence on pesticides. But the researchers cautioned that
biological control of pests is risky if the parasites are not specific
to the target pest.

"Suitable biocontrol agents should be harmless to native species,
just as kryptonite is harmless to Earthlings," said Lafferty.

* * *

AScribe - The Public Interest Newswire / 510-653-9400
http://www.ascribe.org

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LEAD EXPOSURE AFFECTS MALE FERTILITY

Date: 030205
From: http://www.upi.com/

By Katrina Woznicki, UPI Science News, 2/5/2003

Manhasset, NY - Everyday exposure to lead - not just occupational
exposure - damages sperm function and could be the cause of many
unexplained cases of male infertility, a study released Wednesday
suggests.

Researchers led by Dr. Susan Benoff, director of the Fertility
Research Laboratories at the North Shore-Long Island Jewish Research
Institute, examined metal ion levels and sperm function in semen
samples from the partners of 140 women undergoing their first cycle of
in vitro fertilization. IVF is a fertility therapy, in which an egg is
extracted from the potential mother and fertilized with sperm taken
from the potential father before being injected into the woman's womb.

Among 140 men whose partners were undergoing IVF, the researchers
found higher lead levels in their semen were associated with sperm
malfunction.

In order for an egg to be fertilized, a sperm first must bind to it.
A sugar called mannose on the outside coating of the egg is critical
for this binding process. Mannose receptors located on the head of the
sperm are vital for binding.

Researchers found the mannose receptors were not working properly
among men whose semen had elevated lead levels.

Not only did the lead-damaged sperm have trouble binding to the egg,
it also struggled to penetrate the egg. When binding does occur
successfully, it is called a mannose-induced acrosome reaction. It
requires digestive enzymes released from the sperm to ease its passage
into the egg's nucleus.

In findings published in the February issue of the European journal
Human Reproduction, men with elevated lead levels in their semen had
premature or spontaneous acrosome reaction, meaning their sperm
released these enzymes before they even reached the egg, an act that
backfired and blocked fertilization.

"These men did not have any signs of lead toxicity," Benoff told
United Press International. What the findings indicate, she added, is
smaller trace amounts of lead exposure can be enough to harm sperm
function. The amounts could be so small that standard semen analysis
might not even detect a problem.

"It may be too subtle to pick up," she said. "I think this raises
just an idea of awareness. Many cases of unexplained infertility do
have a cause if you look hard enough, and people shouldn't give up
hope that they can't have children."

The men in this study were not exposed to lead through occupational
means, but Bernoff said it is practically impossible not to avoid lead
exposure.

"If you're eating food that grew from soil that was lead-contaminated
or if you're eating fish," Bernoff said. "What about your (home's)
plumbing? Older plumbing contains significant amount of lead. Home
remodeling, making stained glass and ceramics, (and) fishing are all
associated with lead exposures. So lead exposures are fairly
ubiquitous."

Dr. Rebecca Z. Sokol, a professor of medicine and obstetrics and
gynecology at the University of Southern California in Los Angeles,
has studied the effects of lead exposure on fertility. She said there
is no treatment for lead exposure so patients and physicians need to
focus on prevention.

"It is surprising that the lead levels were as high as they were in
men not occupationally exposed to lead," Sokol told UPI. "The
important question is where exactly is this lead coming from? Is there
a relationship between elevated levels of lead and where the patients
live? All of these subjects lived on the East Coast. Did they work or
live near highways? Urban or rural? Will we find similar results in
other parts of the country? What is the relationship between semen
lead levels and blood levels?"

Sokol added the findings highlight the importance of evaluating the
male partner in an infertile couple. Advances in fertility treatments,
she said, have made it "too easy to just treat the infertility by
putting the sperm into the egg without any effort to understand why
the man might be infertile or development of a treatment plan which
will reverse...male infertility."

* * *

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NEWARK RESIDENTS LEARN HOW TO TEST FOR LEAD DANGER

Date: 030205
From: http://www.nj.com/

KNOWLEGE GIVES TENANTS LEVERAGE IN GETTING LANDLORDS TO CLEAN UP
HAZARDS, ORGANIZERS SAY

By Russell Ben-Ali, Star-Ledger Staff, February 05, 2003

The use of lead dust sampling has proven an effective technique for
lead inspectors and contractors who routinely test homes for dangerous
lead hazards.

But the same techniques can be a powerful tool in the hands of
tenants who try to protect their families from lead hazards, a group
of Newark residents learned yesterday.

"That dust sample can hold a lot of leverage against a landlord,"
explained Lee Wasserman, president of LEW Corp., a New Jersey- based
lead inspection firm. Wasserman taught lead-dust sampling techniques
to two dozen people, mostly tenants, during a four-hour training
session at the Metropolitan Baptist Church.

A sample found to contain lead could be used to persuade a landlord
to inspect and clean up dangerous lead-based paint hazards in homes
and hold them accountable for violations of the federal lead paint
disclosure law, Wasserman explained.

Under the law, landlords and property managers who knowingly fail to
disclose the existence of lead-based paint to tenants or provide them
with a U.S. Environmental Protection Agency pamphlet instructing
parents how to minimize lead paint dangers to children could face
fines totaling more than $100,000.

The training session was the first in a series designed to certify
hundreds of Newark tenants as "lead dust sampling technicians," a
certification established by the U.S. Department of Housing and Urban
Development.

The technician candidates learn how to effectively take dust samples
from their floors and window areas with moist towelettes, store them
in plastic tubes and send them to certified laboratories to be tested
for lead. It's not as simple as it sounds; the accompanying EPA manual
is loaded with safeguards to protect against sample tampering and
contamination as well as tips on documenting the procedure.

"Where we're ultimately going with this is, if somebody does have a
problem, and they are a tenant and they want to stand up to their
landlord, we want to be able to support them in that action," said
John Weber of New Jersey Citizen Action, the group that sponsored the
session.

Citizen Action has sought but failed to gain an ordinance in Newark
that would permit tenants who have serious concerns about potential
hazards, to request and receive lead inspections.

The city has opposed the ordinance, fearing that some tenants will
arbitrarily request inspections with little or no evidence of lead
hazards.

But Weber said the requests might be taken seriously if tenants are
trained in lead dust sampling.

Yesterday's session was not limited to renters; even homeowners, like
Hugh Williams, 43, a day care center worker, found some merit in the
class.

"I'm going to sample my home," said Williams, "and I'm going to
sample my mother's home because she has grandchildren coming there."

Phased out of paint and gasoline in the 1970s, lead is the nation's
leading environmental health hazard for children, and can cause
permanent damage to the brain and other organs.

A study released late last year indicates it is also a danger to
grownups, with more than 30 million U.S. adults facing risk of
premature death because of past exposure to the metal.

* * *

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HAMILTON LANDFILL SITE RAISES RESIDENTS' CONCERNS

Date: 030205
From: http://www.nj.com/

By Maria Cramer, Times, February 05, 2003

Hamilton - It was almost easy to ignore the giant mound filled with
barium.

Even when some neighborhood children played yards away from the
landfill, parents in the Cornell Heights section of the township did
not exactly panic.

But as an office developer plans to take over the site of American
Standard, the plumbing fixtures company that created the 6-acre
landfill almost 13 years ago, some residents here are becoming
anxious.

Preferred Real Estate Investments Inc. (PREI) wants to rebuild
American Standard on Princeton Avenue into a modern 450,000-square-
foot office complex that will retain the comelier aspects of the old
plumbing plant, like the giant, antique clock that is visible from
parts of Sloan Avenue.

But the company has not said what it plans to do with the landfill
hidden behind the plant and a thin line of trees along Princeton
Avenue.

"I had no idea about this landfill when I moved in. I heard about it
word of mouth," said Karen Zukowski, who moved more than four years
ago into her Princeton Avenue home, which sits less than 100 yards
away from the landfill.

"My son and his friends go bike-riding near it," she said. "It wasn't
a big deal, until now."

Neither American Standard, which still owns the property, nor PREI
have submitted a permit to disturb the landfill, said Elaine Makatura,
a state Department of Environmental Protection spokeswoman.

American Standard did submit an environmental cleanup report to the
DEP for the overall site, but it was not available yesterday.

Barium is a silvery-white metal that can cause harmful health effects
if it is inhaled or ingested in large amounts.

Unlike lead and arsenic, it is not known as a carcinogen, but it has
been known to result in breathing difficulties, elevated blood
pressure, stomach irritation, changes in heart rhythm, brain swelling,
muscle weakness and damage to the liver, kidney, heart and spleen,
according to the Agency for Toxic Substances and Disease Registry
(ATSDR) in Atlanta, Ga.

- - -

In 1990, American Standard moved soil that had been tainted with
barium - a byproduct of the glaze used on the plumbing fixtures - from
three locations into one spot.

The plan was to transport all that tainted soil, about 10,000 to
11,000 cubic yards, into a fenced-off landfill 100 feet wide, 250 feet
long and 15 feet above ground, according to past reports in The Times.

American Standard placed a piece of plastic over the landfill, then
clay and then topsoil, from which grass now grows, said Lisa Glover,
American Standard spokeswoman.

Though the entire project was done with approval from the U.S.
Environmental Protection Agency, several residents expressed outrage
at the plan. Over time their protests died down, but the landfill may
again become an issue among residents, Zukowski said.

"Basically everyone's worried it's going to get dug up," she said.

Barium, which has a very short half-life when it is exposed to air,
does not result in long-term health problems, but a landfill so close
to a residential area is cause for some concern, said Cassandra Smith
Rogers, senior environmental health scientist at ATSDR.

"Kids may grab the dirt, then bring their hands to their mouths,"
Rogers said. "When you talk about disturbing the landfill, you're
talking about possible emission in the air. Even in small amounts,
barium has had acute, short-term effects like racing of the heart."

During a routine meeting for a subdivision approval two weeks ago,
PREI officials annoyed planning board members when they failed to
provide any information about contamination at the site.

Company CEO Michael O'Neill said they had no information because they
did not expect environmental questions on a subdivision application,
an explanation that did little to appease the frustrated board
members.

Some board members said they had yet to receive answers about the
contamination at American Standard.

"I'd just like to know what's there and what they're going to do with
it," said Haig Kasabach, who sits on the board as a first alternate
and also is chairman of the township's environmental commission. "We
don't want to see a landfill remaining as just part of the
development. That has to be addressed."

- - -

Last week, PREI attorneys dropped off a lengthy report by
environmental consultant RT Environmental of King of Prussia, Pa.

PREI also plans to meet with residents at 7 p.m. Monday in Angeloni
Cedar Gardens to discuss, among other things, the environmental
concerns, according to a letter sent to some residents in Cornell
Heights.

The environmental report confirms the presence of barium in the
landfill as well as two other areas where several hundred cubic yards
of barium, lead and zinc exist close to the surface.

The report does not state how PREI should proceed if it plans to
disturb the landfill, but it does recommend excavating the other
contaminated areas, disposing of the material off-site and collecting
soil samples according to DEP regulations.

It also states that the northern portion of the site is home to
wetlands, which should be "taken into account as part of any planned
site development."

The report also makes reference to piles of pottery and molding waste
material scattered on at least 30 acres of undeveloped, forested land.

From Basin Road, the piles are visible and resemble a toilet
graveyard, some residents have quipped.

Gary Brown, the consultant who wrote the report, is on vacation and
unavailable for comment.

PREI President Erik Kolar could not be reached for direct comment,
but he left a brief comment in a telephone message.

"There's not a lot to hide," Kolar said. "I feel confident that with
explanation the neighbors will feel satisfied that this thing has been
studied thoroughly by American Standard, by us and (by) the state."

Kevin Tubbs, director of environmental technology for American
Standard, said his company behaved appropriately.

"This isn't a new issue," he said. "This is something that came to
our attention 12 years ago. We handled it responsibly. All of our
reports regarding the property are filed with the state and anybody
can get access to them."

The company also monitored for any groundwater contamination. Though
several homes once relied on groundwater, most residents now use
Trenton Water Works.

"We are required to monitor groundwater at the facility, and there
never have been any contaminants of concern," Tubbs said. "The
landfill is functioning as it was designed to."

Deed restrictions were placed on the landfill, limiting development
at the site, he said.

"I cannot tell you exactly what Preferred's plans are," Tubbs said.

* * *

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TOXIC CLEANUP COULD UPROOT SOME LONG BRANCH RESIDENTS

Date: 030205
From: http://www.app.com/

By Samuel P. Nitze, Staff Writer, Asbury Park Press, 2/05/03

Long Branch - The next phase of New Jersey Natural Gas Co.'s cleanup
of the former gas-manufacturing plant site off of Long Branch Avenue
could include demolition of several nearby Housing Authority buildings
and permanent relocation of their tenants, Mayor Adam Schneider said
yesterday.

Schneider, who has attended recent meetings on the cleanup effort,
said Housing Authority and NJNG officials also have discussed
remediating the area around the buildings, leaving the structures to
serve as protective caps over the ground beneath them.

Under that scenario, plans to renovate the buildings would have to
include additional remediation work by the gas company to avoid
exposing contaminated soil, Schneider said.

Tyrone Garrett, executive director of the Housing Authority,
confirmed Schneider's account but stressed that no final decisions
have been made.

The first priority in discussions with the gas company has been
determining the safest, most effective means of remediating land near
the Housing Authority buildings, Garrett said.

If the cleanup requires demolition, then the focus will shift to
relocating residents and ensuring that the total number of Housing
Authority units in the city, now 643, is not diminished, he said.

If buildings are demolished, the gas company may rebuild them for the
Housing Authority after removing contaminated soil or take ownership
of the land and provide alternate sites for housing elsewhere in the
city, Schneider said.

Garrett said that any plan to demolish authority buildings would
require approval from the federal Department of Housing and Urban
Development, which owns the properties.

Among the structures that could face demolition are buildings A, B
and (c) of the Seaview Manor Housing Complex.

Julia Wheeler, a resident of Seaview Manor, said the news that some
of the buildings could come down did not come as a surprise but raised
more questions at a time when too many are already going unanswered.

"Many people are asking questions - residents are full of questions
at this point - but as yet valid answers are not available," said
Wheeler, 70, chairwoman of a concerned citizen coalition formed to
seek information about the cleanup project.

"If (the contamination) can be controlled, all good and fine, that's
what needs to be done," she said. "But if it can't, then what? If we
have to go, where are we going?"

The citizens coalition and several environmental groups have been
critical of NJNG's cleanup of the old Long Branch Manufactured Gas
site, arguing that the safety of nearby residents has been
jeopardized.

The plant, located on a roughly 17-acre site between Long Branch
Avenue and Liberty Street, was used to convert coal into gas until it
stopped production in the 1960s

Coal-tar residue and other toxins associated with the gas production
were discovered in the soil about 20 years ago. NJNG, owner of the
site, has been working since 2000, under a cleanup plan approved by
the DEP, to remove contaminated soil, protect a creek running through
the site and make the area safe for future use.

The work has proceeded in phases, starting with an area recently
dedicated as the new Jerry Morgan Park. Remediation of the main plant
site, north of the park, will continue until spring, to be followed by
cleanup of the Housing Authority properties.

Gas company officials would not discuss the options now under
consideration for the final phase, except to say that the remediation
work could be completed without knocking down any buildings.

Several alternatives have been presented to the Housing Authority,
which now has a decision to make, said NJNG spokeswoman Roseanne
Koberle. The final plan will be submitted to the DEP for approval, she
said.

Residents will likely be relocated regardless of whether buildings
are demolished, if only temporarily, as the cleanup will require
construction equipment and other machinery and may limit access to
parking areas, Garrett said.

"You want to make the area secure," he said. "And I think it is a lot
easier for the gas company to work if they can come in in one fell
swoop and get out, as opposed to working around a family here and a
family there."

The city has offered assistance with relocation, Schneider said,
adding that his administration has long experience with such efforts
after relocating hundreds of residents displaced by the redevelopment.

"We are in a position to help," he said. "These are residents who
live in our town, and we have an obligation to help them as best we
can. Some of them will be happy to stay in Long Branch, and if that's
the case, we are going to do what we can to make sure that happens."

* * *

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STUDY TO FOCUS ON BARNEGAT BAY

Date: 030205
From: http://www.app.com/

By Joseph Picard, Toms River Bureau, Asbury Park Press, 2/05/03

Toms River - Armed with a check from the federal government, Ocean
County will study the Barnegat Bay bottom.

"We are really starting to take an in-depth look at the various
factors that affect the bay," said Ocean County Freeholder James F.
Lacey. "When we're done, we'll know more about Barnegat Bay than ever
before."

Lacey is the freeholders' liaison to the Barnegat Bay National
Estuary Program, a federal program the county administers through a
Comprehensive Conservation and Management Plan, which the federal
Environmental Protection Agency approved last year.

The plan outlines 70 actions that should be taken to protect the bay,
especially from the effects of development in the Barnegat Bay
watershed, which includes almost all of Ocean County. One initial
action called for is a study of plants, animals and sediments on the
bay floor.

"We can learn a lot from looking at the health and numbers of the
plants and animals that inhabit the bottom of the bay," said Robert A.
Scro, estuary program director. He said the federal government will
fund the five-part, $200,000 study.

Scro said a study team from Rutgers University will completely survey
and map the bay bottom, concentrating on plants in the mud and sand.
Another Rutgers team will make a companion study of the animal
organisms that dwell on the bottom. A third group, from the Ocean
County Soil Conservation District, will study the bay's sediments.

A fourth part of the study will be conducted by the U.S. Geological
Survey to evaluate the consequences of future growth and development
in the watershed.

The fifth part of the study will be the development of a monitoring
plan workshop to improve communication among agencies that monitor the
bay.

* * *

::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::

BARNEGAT BAY ENVIRONMENTAL GRANT FUND 2003

Date: 030205
From: kathy...@tpl.org

Applications Due March 7

The Trust for Public Land's Barnegat Bay Environmental Grant Fund is
accepting proposals for grants to support local or regional
environmental projects that will have direct benefit to the Barnegat
Bay and its watershed area. Eligible projects may include, but will
not be limited to, environmental education, planning, monitoring,
research or land stewardship. The Bay Fund is one component of TPL's
Barnegat Bay Initiative - a long-term protection strategy for the Bay,
including public education, scientific research, land planning and
acquisition of critical properties.

HOW TO APPLY

Interested organizations should submit their proposed project by
March 7, 2003.

All applications will be reviewed by the Advisory Board, and awards
will be announced the first week of April 2003. Inquiries and
proposals should be directed to:

Barnegat Bay Environmental Grant Fund
Trust for Public Land
New Jersey Field Office
20 Community Place, 2nd Floor
Morristown NJ 07960
Tel: 973-292-1100
Email: kathy...@tpl.org

* * *

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DEP ORDERS CLOSURE OF SHELLFISH BEDS IN OCEAN COUNTY

Date: 030205
From: http://www.state.nj.us/

2/4/03

Trenton - The New Jersey Department of Environmental Protection (DEP)
announced a temporary ban on shellfish harvesting in the waters of
Barnegat Bay in Ocean County due to a release of sewage from a broken
main.

See Order below.

- - -

James E. McGreevey Governor

Bradley M. Campbell Commissioner

CLOSURE OF SHELLFISH BEDS

ENVIRONMENTAL PROTECTION LAND USE MANAGEMENT

Public Notice of the Closure of Shellfish Beds Dangerous to Health

Pursuant to statutory authority granted the Department of
Environmental Protection appearing at NJS.A 13:1B-4 and 58:24- 1 et
seq., and to assure that the public health is not imperiled by the
consumption of shellfish that may be subject to pollution or to any
other conditions which may render shellfish dangerous to health
because of degraded water quality resulting from the release of sewage
from a broken main into the waters of Barnegat Bay in Ocean County,
the Department hereby condemns and prohibits the harvesting of all
shellfish from those State waters previously classified as Approved
and Seasonally Approved in the Barnegat Bay area, specifically:

All waters of Barnegat Bay south of the Mathis Bridge (Route 37) to a
line from the northernmost point of land on the mainland located at
the northeastern extent of Laurel Boulevard in Lacey Township bearing
105 degrees T to the cupola on Island Beach State Park.

This prohibition shall take effect immediately and continue until
FURTHER NOTICE.

DATE: [Signed February 3, 2003]

Bradley M. Campbell, Commissioner

- - -