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GARDEN STATE ENVIRONEWS 030430

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Apr 30, 2003, 12:25:59 AM4/30/03

030430

GARDEN STATE ENVIRONEWS

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TABLE OF CONTENTS
~~~~~~~~~~~~~~~~~
{*} NEW YORK GOVERNOR CALLS FOR REGIONAL CLIMATE CHANGE PLAN
{*} CONECTIV PULLS PLUG ON EXPANSION PLANS
{*} MTBE READING TROUBLES RINGWOOD
{*} LAUTENBERG PRAISES MONTCLAIR FOR ITS DEDICATION TO ECOLOGY
{*} DEP HEAD SEEKS INFO ON SPRAWL
{*} MCGREEVEY PROPOSES CLEAN WATER PROTECTIONS IN HUNTERDON
{*} FOUNDATION GAINS EXTRA TIME TO BUY PINELANDS
{*} JUDGE SAYS WEST MILFORD CAN PROCEED ON LAND SALE
{*} BUILDER FILES SUIT OVER RANDOLPH MOUNTAIN
{*} BUSH COMMITMENT TO EPA ENFORCEMENT QUESTIONED
{*} BIOTECH FOOD MONITORING IS INADEQUATE
{*} LEGISLATORS TO ANNOUNCE CREATION OF SMART GROWTH CAUCUS
{*} ESSEX COUNTY WASTE COLLECTION - MAY 3
{*} STONY BROOK-MILLSTONE WATERSHED GARDEN TOUR - MAY 10

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Please take a moment to let us know how we are doing. Visit the link
below to complete our short 10 question survey.
http://www.surveymonkey.com/s.asp?u=45763154801

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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. If interested in helping out, please
send an email message to mai...@gsenet.org.

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NEW YORK GOVERNOR CALLS FOR REGIONAL CLIMATE CHANGE PLAN

Date: 030429
From: http://ens-news.com/

Environment News Service, April 29, 2003

Albany, NY - New York Governor George Pataki has asked his fellow
governors from Maine to Maryland to partner on a regional strategy to
reduce carbon dioxide (CO2) emissions from power plants. The
initiative includes the creation of a regional market based emissions
trading system to require power generators to reduce carbon dioxide
emissions.

The announcement by Pataki, a Republican, comes as many Northeastern
state officials grow increasingly frustrated with the Bush
administration's proposed changes to air pollution laws and its
steadfast refusal to bind industry to specific CO2 reductions.

The governor said he has contacted governors from Connecticut, Maine,
Massachusetts, New Hampshire, Rhode Island, Vermont, Delaware, New
Jersey, Pennsylvania and Maryland, to develop a strategy that will
help the region lead the nation in the effort to fight global climate
change.

"While New York State has already implemented some of the nation's
toughest air pollution regulations and developed effective energy
efficiency initiatives to improve air quality, we can build on these
efforts through a regional approach that promotes further emission
reductions at power generating facilities," Pataki said.

"The debate about global warming has often been marked by
confrontation and litigation," said the New York governor. "Today we
are pursuing a course of cooperation and we are confident this will
achieve meaningful reductions in harmful emissions without disrupting
electricity markets."

Pataki hopes the states will work together over the next two years to
develop a flexible, market-based cap and trade program for CO2
emissions from power plants, building on similar programs that have
helped reduce emissions of nitrogen oxide and sulfur dioxide.

These 10 states were included because, along with New York, they
constitute the three major electricity systems in the northeast,
Pataki explained, and the New York governor believes it is important
to design a program that does not interfere with the free flow of
interstate electricity markets.

"Governor Pataki's invitation to northeastern governors to work
together to control global warming pollution from power plants is
excellent news," said Ashok Gupta, air and energy program director for
the Natural Resources Defense Council. "A market based cap and trade
program combined with aggressive energy efficiency measures will
unleash new technology and innovation that will reduce pollution and
lower electricity costs."

Pataki said he hopes to have a good idea of how many states are
committed to his initiative with 90 days.

* * *

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CONECTIV PULLS PLUG ON EXPANSION PLANS

Date: 030429
From: http://www.pressofatlanticcity.com/

ENERGY FIRM NO LONGER PURSUING THREE NEW FACILITIES

By Joseph Swavy, Staff Writer, (609) 272-7253
Press of Atlantic City, April 29, 2003

With a sluggish national economy lowering the projected growth in
demand for electricity, Conectiv Energy is scaling back its plans to
build new power plants in the mid-Atlantic region.

The company has canceled orders for four combustion turbines that
would have been installed in new power plants during the next few
years. Conectiv Energy is no longer pursuing its plans to develop
three new facilities, including a proposed location in Bordentown
Township, Burlington County, spokesman Tim Brown said.

Conectiv initially announced plans to build eight mid-level, or fast-
response, power plants that would add about 4,000 megawatts of new
generation capacity. However, last year, the company pared its plans
to include the construction of six power plants that would be built
within the PJM Interconnection, the power grid that serves
Pennsylvania, New Jersey, Maryland and Delaware.

The natural gas-fired power plants are operated about 40 percent of
the time, when energy prices are at their highest levels. Conectiv
officials say that allows their power-trading group to gain optimal
value for the power generated.

"The cornerstone of the strategy was to be flexible and build more or
build less depending on market conditions," Brown said. "Conditions
now dictate building less."

Despite the difficult conditions, Conectiv remains committed to its
strategy, Brown said. By fall, Conectiv Energy will have added 1,650
megawatts of mid-level generation, including power plants in
Bethlehem, Pa., and New Castle County, Del.

"Our view is that the mid-merit strategy has been successful," he
said. "We've brought on capacity that's needed. It's a balancing act
between too much and too little. We feel we're at the right level for
this strategy right now."

Brown said flexibility is the key to Conectiv's strategy and the
company could quickly reinstate plans to build new power plants if
demand increases. He said a new mid-level generation facility can be
brought online within 12 months and construction of a power plant can
be completed within 18 months.

Canceling the contract for the four combustion turbines resulted in a
charge of $31.1 million to Conectiv, Brown said. He said the turbines
would have cost about $700 million to purchase.

"It's a significant cost, but we couldn't have just purchased them
anyway and turned them into planters or something," Brown said

The charge, coupled with a $27 million loss incurred by Conectiv
Energy's natural gas trading operations during February, pulled down
parent company Pepco Holdings Inc.'s first-quarter earnings by $58.1
million, or 35 cents per share. The company posted a loss of $24.9
million, or 15 cents per share, during the quarter ending March 31.

Pepco Holdings was formed last August following the completion of the
merger of Conectiv and Washington, D.C.-based Potomac Electric Power
Co.

* * *

To email Joseph Swavy at The Press: JSw...@pressofac.com

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MTBE READING TROUBLES RINGWOOD

Date: 29 Apr 2003
From: "Robin O'Hearn" {roh...@earthlink.net}

By Jan Barry, Record Staff Writer, April 29, 2003

Ringwood - An underground plume of leaked gasoline is again haunting
a residential neighborhood.

A test result showing the gasoline additive MTBE to be at the state
cleanup action level in a homeowner's well has heightened the worries
of local officials and residents who live near a Mobil station at Alta
Vista and Skyline drives.

"We obviously are very alarmed that it was a high reading. This is
what we have all been concerned about for some time," Mayor Jerry Holt
said Monday. Holt was referring to a recent test that found 70 parts
per billion of methyl tertiary butyl ether in a private well on Alta
Vista Drive.

That level is the state safety maximum for human consumption.

MTBE is used in gasoline to help it burn cleaner and thus reduce air
pollution. The federal Environmental Protection Agency has warned,
however, that the chemical is linked to elevated levels of cancer in
lab rats.

Carleton Adams, a spokesman for Conoco-Phillips, which owns the local
gas station, said Monday that recent tests found higher readings in
several residential wells, with the highest at 70 ppb. That home's
well had 0.1 ppb of MTBE in January, he said.

"So there was a significant increase," said Adams. The company, he
said, will install a carbon-filtration system on that well.

MTBE in another private well increased to 11 ppb from less than 1
ppb, he said. Several other wells registered levels below 11 ppb but
higher than readings of less than 1 ppb that were recorded in January,
he added.

In response to the latest test results, the Houston-based corporation
will do monthly tests of residential wells in the area, Adams said. It
previously was doing quarterly tests. Adams said Conoco-Phillips will
test any well owned by neighborhood residents who have not given
permission for water tests or accepted a previous offer of bottled
water deliveries.

"The offer for bottled water and testing remains open to any
residents in that designated area who at first declined the offer,"
said Adams.

Arnold Dalene, a representative of homeowners in the neighborhood,
said the latest test result confirmed residents' worries about
drinking, bathing, and cooking with water from their wells.

"This is exactly what we have been predicting - when the snow melts
and the ground thaws out, it's going to move," Dalene said of the
underground plume of gasoline. Residents at a recent community meeting
with state Department of Environmental Protection officials pressed
for more testing to determine how far the contamination has spread
from an area near the gas station.

"This makes our case for public water. They've got to do it," Dalene
said of Conoco-Phillips.

On behalf of residents on private wells, borough officials have
proposed that Conoco-Phillips pay for installing pipes and hookups to
the municipal water system at an estimated cost of $5.5 million.

Fred Mumford, a DEP spokesman, said Monday that the agency is
monitoring well tests done by Conoco-Phillips.

"We're reviewing data and will require more monitoring wells to be
installed to define the plume," said Mumford. He said the DEP will
require Conoco-Phillips to pay for more carbon filter systems if any
more wells register MTBE at 70 ppb.

Adams said Monday that his company will go the DEP one better and
install filters on any well that registers 20 ppb of MTBE, a level the
EPA suggested to address taste and odor problems from the chemical.
Filter systems were installed last year on wells at the nearby
Ringwood Shopping Plaza, which registered 160 ppb, and the Ambulance
Corps building, which had 43 ppb.

* * *

# # #

Robin O'Hearn, Director
Skylands CLEAN, Inc.
POB 85
Ringwood, NJ 07456
-
551 Ringwood Avenue
Wanaque, NJ 07456
973-616-1006
roh...@skyclean.org

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LAUTENBERG PRAISES MONTCLAIR FOR ITS DEDICATION TO ECOLOGY

Date: 030429
From: http://www.nj.com/news/ledger/essex/

TOWNSHIP RESOLUTION GETS SENATOR'S SUPPORT

By Pamela Weber-Leaf, Star-Ledger, April 29, 2003

A new program that has solidified Montclair's reputation as an
environmentally friendly community got an endorsement yesterday from
one of the green movement's closest friends in Washington.

U.S. Sen. Frank Lautenberg (D-NJ) paid a visit to the township to
herald passage of a measure that will require officials to consider
the environmental impact of all municipal decisions. It is one of the
first of its kind in New Jersey, state officials say.

With the so-called sustainability resolution, approved March 18, all
decisions and purchases must be made in light of their effect on
natural resources. This means that each time the township buys a car,
erects a building or brings any major equipment on line, it must ask
whether the action uses up a minimum amount of fossil fuels, or
produces the least possible air pollution.

"Last week we celebrated Earth Day," Lautenberg told several dozen
people assembled in council chambers. "Yet we live in a time when many
of the basic elements - air, water and the land - are under assault.
But here, you're working toward sustainability, to make sure some of
the resources you need aren't all used up."

During the 1980s, Lautenberg had helped the community secure federal
cleanup dollars for the South End site where radioactive waste had
been dumped in the early part of the last century. Sanitizing of the
residential area, along with contiguous tracts in West Orange and Glen
Ridge, is finally approaching completion, said Sam Pinkard, vice
chairman of the Montclair Environmental Commission, who had enlisted
the senator's help.

Also attending the event were state Sen. Nia Gill, D-Montclair,
representatives of the state Department of Environmental Protection
and engineering firms seeking to perform an energy audit of the
township, the first phase of the program.

The goal of the audit is to reduce consumption by 20 percent, said
Merwin Kinkade, a volunteer spearheading the project for Montclair.

Mayor Robert Russo said that after the audit is under way, he hopes
to further reduce use of fossil fuels by purchasing the township's
first hybrid sport utility vehicle, due to come on the market next
year. There are already four natural gas-powered cars among
Montclair's 200-plus-strong municipal fleet.

"We're going to buy things that make us less and less dependent on
foreign oil," Russo said.

Several other speakers yesterday made not-so-subtle references to
environmental issues in the current national climate - and they
weren't just talking about the greenhouse effect.

"There's been a real vacuum in the (presidential) administration when
it comes to attention to pollution and other matters of worldwide
concern," said Jim Sherman, an environmental lawyer who serves as the
environmental commission's chairman. He was principal author of an
extensive planning guide for implementation of the sustainability
plan.

Sherman spoke wistfully of the bull market of the '90s, when he said
the federal government felt more willing to pass stringent regulations
on pollution and recycling.

"We've seen that environmental stewardship and economic growth can go
together," he said. "People need to realize that can go on (even)
now."

* * *

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DEP HEAD SEEKS INFO ON SPRAWL

Date: 030429
From: http://www.app.com/observer/

By Don Bennett, Staff Writer, Ocean County Observer, 4/29/03

Toms River - Convinced new environmental regulations designed to
control sprawl need a firmer foundation, DEP Commissioner Bradley M.
Campbell said he is turning to county and local officials for better
information on development's pace and future in the Garden State.

Campbell told the Ocean County Mayors Association yesterday the
proposed map with the stoplight colors where development would be
encouraged, discouraged, and tolerated, will be changed based on what
is learned in a series of meetings with county planners and local
officials that will stretch through August.

"County involvement will lighten our workload," Campbell said.

And even the final map will be flexible.

"We don't have the authority or the will to eliminate all development
in red areas. Nor are we giving developers carte blanche in the green
areas," the commissioner said.

Campbell said the ever-changing map of green growth areas and red no-
growth areas was removed from the DEP's Web site Friday until current
data can be filtered to more closely represent what already has been
developed, approved, or earmarked for preservation.

Stafford Township Mayor Carl W. Block said every local official
should be looking at the changing map and making suggestions because
they know their communities best.

He said the DEP is "open to changes, particularly if they are data-
driven."

"It's a very public process. All the warts are public," Campbell
said.

County Planning Director Alan W. Avery Jr. agreed to host the meeting
with the DEP, saying the proposed restrictions were at odds with the
state plan in some areas of the county. He pointed to Urban Enterprise
Zones, the farmland problem, and restrictions on "fringe areas," like
those in Jackson, where there are more restrictions than are needed.

"It's not a bad first effort," was his assessment.

With development consuming 50 acres of land every day, he told
officials they have a better grasp of what is going on in their
counties than does the DEP.

Old photographs were among the problems. The DEP was using aerial
photographs of development from 1995-1997. New 2001 photos have just
been obtained, and will be used to update the map. In areas like Ocean
County, for decades the fastest-growing county in the state, even the
two-year old photos can be outdated.

New, landscape-based regulations are being developed to make it
easier to reject development in environmentally sensitive areas, and
easier to develop in areas where that is to be encouraged.

Gov. James E. McGreevey has made the control of sprawl in the
nation's most congested state one of his priorities.

Campbell said the environmental regulations are designed to help
implement the state plan, which encourages the redevelopment of areas
over the use of unspoiled land for new development.

"We're going to take time to go through the process," of getting the
best information available to design the area where development should
be encouraged and discouraged, he told the mayors yesterday.

The regulations that will result will be "more predictable," so
developers will not wind up on the eve of getting building permits
only to find a DEP regulation blocking their project.

They also will "reinforce the state plan," he said.

A key Ocean County issue will be protecting the sources of drinking
water and stemming pollution of Barnegat Bay, he said.

He said Brick Mayor Joseph Scarpelli has been a leader in the
movement to upgrade water-quality standards in the Metedeconk River.
Input is needed from the mayors of seven towns representing 100,000
people to do that, Campbell said.

Ocean County's freeholders are seeking proposals to reuse some of the
waste water from Ocean County Utilities Authority treatment plants for
irrigation or industrial purposes, putting it back into the ground
instead of dumping it into the ocean.

Campbell said the DEP is studying a transfer of water allocation
rights system similar to the transfer of development rights used in
the Pinelands to encourage the reuse of wastewater.

There have been bumps in developing regulations to carry out the
governor's mandate, including what he called a "policy mistake," in
classifying most farms as areas where development would be
discouraged.

Campbell said that suggestion came from the state Department of
Agriculture and touched off a series of controversies because some
farmland was being held for development and was located in areas
served by sanitary sewers, where growth was encouraged.

In answer to a question by Plumsted Township Mayor Ronald Dancer,
Campbell said the farmland designation "generated a great deal of woe
and was difficult to defend."

The approach now will be to emphasize water resource preservation in
what can be done with farmland.

Manchester Township Mayor Michael Fressola asked for, and got, a
meeting with Campbell's staff on his efforts to preserve the 7,000-
acre Heritage Minerals tract.

He said the DEP was willing to permit more development on that tract
off Route 70 than was the Pinelands Commission.

Campbell said there needs to be "better coordination" between those
agencies, but defended the DEP's stand that part of the property can
be developed.

"It's disturbed land," he said. Illmenite was mined there, creating
two huge lakes which Fressola said reach right into the aquifer
providing drinking water to some residents of Ocean County.

He said the site should be preserved, with part of it used as a wind
farm to generate electricity for its neighbors.

"It wouldn't disturb a thing," Fressola said.

"We've held them off 13 years. Hold if off a while longer," Fressola
said of Hovsons Inc.'s attempts to develop the property.

Campbell said the property owner applied for development approvals,
complied with the requirements to build, and won approval to develop
the site.

"Is it fair to change the rules now?" he asked.

Campbell agreed to the mayor's request to sit down with Manchester's
planners and review the tract's future.

David Friedman of the Ocean County Soil Conservation District was
concerned about efforts to tighten controls on stormwater to reduce
nonpoint source pollution of Barnegat Bay.

He asked if the DEP would provide officials with model ordinances and
training to implement the new controls.

"Absolutely," Campbell said.

And he agreed with Friedman that the new restrictions do not go far
enough, because they cover only new development, not the impact of
existing development on stormwater quality.

* * *

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MCGREEVEY PROPOSES CLEAN WATER PROTECTIONS IN HUNTERDON

Date: 030429
From: http://www.state.nj.us/

NEW LIST OF ECOLOGICALLY SENSITIVE WATERBODIES FOLLOWS
HIS EARTH DAY PROMISE TO EXPAND PROTECTIONS STATEWIDE

April 29, 2003

Stockton - Following last week's Earth Day announcement when he
announced protections for 15 waterways throughout New Jersey, Governor
James E. McGreevey today recommended strengthened water quality
protections for portions of five ecologically sensitive stream
segments that are part of the Delaware River watershed in Hunterdon
County.

"This is not the time to congratulate ourselves on protecting 15
waterbodies and then to forget about the rest of our water resources,"
McGreevey said. "Protecting New Jersey's high quality water resources
must be a continuing priority in our smart growth agenda. Today, we
are taking another step forward in this effort as we announce
additional waterways in Hunterdon County that we are proposing for the
highest level of protection."

McGreevey proposed that the five ecologically sensitive streams
receive "Category One" (C1) designation, the highest form of water
quality protection afforded by the state. This designation would
prevent any measurable deterioration in existing water quality,
limiting development impacts and discharges to the streams.

During today's event on the banks of the Delaware River, the Governor
discussed the importance of water resource protection to sustaining
economic development and promoting smart growth statewide. Joining him
at the event was DEP Commissioner Bradley M. Campbell, as well as
local mayors, environmental advocates and community activists.

"Through his leadership, the Governor has made it clear that
protecting water supplies must be an ongoing priority for state,
municipal and community partners in order to save our ecologically
sensitive habitats and drinking water for New Jersey's families and
communities," said Commissioner Campbell. "These five streams are only
the latest step in a continual process to increase water quality
protection statewide."

Governor McGreevey directed the Commissioner to work with Hunterdon
County municipalities to determine the specific segments of the five
streams that should be nominated for C1 classification.

Today's announcement follows last week's signing of rules that
designated nine reservoirs and six stream segments around the state as
C1 waterways. Included in this round of C1 designations were four
waterbodies serving Hunterdon County-South Branch Rockaway Creek,
Sidney Brook, Round Valley Reservoir, and Beaver Brook.

Governor McGreevey has also pledged to provide other waterbodies with
C1 protection, including the Metedeconk and some of its tributaries
and many of the waterbodies that feed into the Oradell Reservoir,
including Lake Tappan and Woodcliff Lake.

All C1 proposals will undergo a formal rulemaking process to afford
the public ample opportunity for comment.

Below is the list of the five streams, and the towns they flow
through in Hunterdon County, that were proposed today for C1
protection:

Wickecheoke Creek - Stockton, Delaware, Raritan, Kingwood, Franklin
Lockatong Creek - Kingwood, Franklin Nishisakawick Creek - Frenchtown,
Kingwood Little Nishisakawick Creek - Frenchtown, Kingwood, Alexandria
Harihokake Creek - Alexandria

Photos and audio and video clips from Governor McGreevey's press
conferences are available on the Governor's web page at http://
http://www.state.nj.us/governor/. Links are located in the Governor's
Newsroom section of the page.

* * *

Contact: Micah Rasmussen, 609-777-2600

State of New Jersey Governor's Office
PO Box 004
Trenton, NJ 08625

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FOUNDATION GAINS EXTRA TIME TO BUY PINELANDS

Date: 030429
From: http://www.philly.com/

By Frank Kummer, Inquirer Staff Writer, Apr. 29, 2003

The New Jersey Conservation Foundation said yesterday that it has had
to restructure a deal to buy nearly 9,400 acres of pristine pinelands
because war and a limp economy have hampered fund-raising.

But the nonprofit does not believe one of the largest private land
acquisitions in modern state history is in jeopardy.

"We've never raised money this quickly before," said Richard Ryan,
chief financial officer. "We've gotten gifts from major donors."

Yet Ryan said the foundation's leaders thought they had not yet
raised enough money to exercise an option agreement with the
property's owner, J. Garfield DeMarco, by a March 29 deadline.

DeMarco, a cranberry grower, has now agreed to extend the deadline to
Sept. 1, when the foundation must have raised $5 million of the $12
million purchase price. To date, the land preservation group has
raised $4 million. It has also reached out to three former governors
for help in prying some money lose from strapped state coffers.

"They're going to accomplish this," DeMarco said yesterday. "I don't
think there's any doubt about it."

The foundation announced in November that DeMarco had agreed to sell
the land in Woodland, Tabernacle and Bass River Townships in
Burlington County for half of its appraised value. DeMarco said he is
selling the land because he plans to leave the cranberry industry.

The tract of pristine pine, oak and cedar forest, meandering streams,
pure lakes, and cranberry bogs will become a public nature preserve.

But the foundation had only five months to raise the money under the
original option agreement.

"Money is coming in at a good pace," Ryan said. "But it is a huge
dollar amount. Twelve million is a big challenge."

Under the new agreement, the foundation has until 2008 to make full
payment on the property. Originally, it had until 2005.

Ryan said that interest is keen because the deal involves such a
large unbroken tract in the crowded Mid-Atlantic region.

The acquisition of DeMarco's land - a total of 14.5 square miles -
would link Brendan T. Byrne, Wharton State, Bass River and Penn State
Forests, as well as the Greenwood Wildlife Management Area.

The sale has generated attention as far away as Wisconsin, Minnesota
and Maine because of its connections to the cranberry industry.
DeMarco is a major shareholder in the Ocean Spray cooperative.

It has also generated interest because DeMarco, president of A.R.
DeMarco Enterprises, long ago achieved prominence as the political
power broker who fashioned Burlington County into one of the state's
top Republican strongholds.

Once the county's GOP chairman, the 64-year-old multimillionaire has
largely phased himself out of day-to-day politics, though he retains
his post as chairman of the Burlington County Bridge Commission.

The foundation hopes a recent letter to Gov. McGreevey signed by
three former governors will help its cause.

The letter is written on foundation letterhead and is endorsed by
Brendan T. Byrne, James J. Florio and Thomas H. Kean, two Democrats
and a Republican. It asks for "active state participation."

"We believe the sale of this magnificent tract of land...makes its
preservation one of the most important land acquisition opportunities
in a generation," the letter states.

But getting state funding could prove difficult. The New Jersey
Pinelands Commission has already paid DeMarco $7.2 million to
essentially deed-restrict much of the land from development through
the Pinelands Development Credits program.

Moreover, the state Department of Environmental Protection has been
feuding with DeMarco over 22 acres of wetlands it contends he
improperly destroyed. DeMarco has fought the resulting $594,000 fine.

"We certainly respect and agree with the view of the three governors
that this is an appropriate object of conservation," said DEP
Commissioner Bradley Campbell. "But it's inconceivable that we would
entertain state funding while there are substantial environmental
violations that are unresolved."

Campbell said there had been some talks with DeMarco about a
settlement on the fine, but nothing conclusive.

Environmentalists, who have cheered the preservation effort, have
also had a mixed reaction to the sale because most of the land is
already locked into preservationist zoning as part of the Pinelands
National Reserve.

* * *

Contact staff writer Frank Kummer at 856-779-3220 or
fku...@phillynews.com.

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JUDGE SAYS WEST MILFORD CAN PROCEED ON LAND SALE

Date: 29 Apr 2003
From: "Robin O'Hearn" {roh...@earthlink.net}

By Tara Kane, Record Staff Writer, April 29, 2003

West Milford - The Township Council is expected Wednesday to move
ahead with the sale of the township's redevelopment zone to the
state's Green Acres program after getting the green light from a state
judge.

Initially, the council had scheduled April 16 for a public hearing
and possible adoption of ordinances related to the $1.69 million sale
of the town's redevelopment zone to Green Acres, to preserve the 422
acres as open space. However, that same day three residents who don't
want the land permanently removed from the tax rolls filed an
injunction in Superior Court in Paterson to block the sale.

The 16-page complaint outlined two basic issues. The first is whether
open space is a permitted use of a redevelopment zone established for
economic development. The other is whether Councilman Andrew Gargano
has a conflict of interest in voting on the sale because his father-
in-law lives near the property.

Superior Court Judge Robert J. Passero didn't decide those issues at
Monday's hearing. Instead, the judge allowed the council to take
further action on the redevelopment zone with the understanding that
the ordinances could again be challenged, once they become law.
Passero retained jurisdiction so that he would be able to void the
sale in the future.

"I think it's prudent to go forward with the council vote," Passero
said, "including the opportunity for Mr. Gargano to be participating."

Passero did not address Gargano's alleged conflict of interest, but
forewarned the attorneys he had "serious reservations" about the
proposed ordinance to amend the township's redevelopment zone. Passero
said the amendment to allow open space as a permitted use essentially
"nullifies" the redevelopment zone.

"When you're dealing with the redevelopment zone," Passero said,
"there are certain things people can't challenge. If it is a pure
zoning ordinance amendment, there is a protest provision."

Last year, a group of residents who wanted the redevelopment zone
developed into a golf course campaigned to have a referendum so that
voters could decide. They collected 3,700 signatures on a petition to
place a question on the ballot. However, the campaign went nowhere
because according to municipal law, only a council has authority to
change the redevelopment zone.

Over the last year, any actions taken in regard to the sale of the
redevelopment zone to the state have come down to a 3-2 council vote.
Gargano, Robert Szuszkowski, and Maria Harkey want the land preserved
as open space, and Mayor Robert Moshman and Councilman Philip
Weisbecker favored the idea of a revenue-generating golf course/hotel
complex.

The golf course idea, first put forth by the council nine years ago,
was abandoned last year when the township failed to attract suitable
developers. There were also concerns about the vast amount of water
that would be needed to maintain such a grassy recreational site.
Those who favor the golf course/hotel idea cite the rural watershed
community's critical need for big ratables to share a rising property
tax load.

The allegations made against Gargano in the recent complaint were
brought forth last year by residents who favored the golf course idea.
They alleged that Gargano has a conflict of interest because his
father-in-law and employer, Eugene Gionti, lives near the
redevelopment zone. The allegation has prompted an investigation by
the state Department of Community Affairs.

"Gargano has an obvious conflict, and I think that after the [next]
hearing it is going to be determined that he has one," said William J.
DeMarco, the attorney for the plaintiffs. The injunction was sought by
residents Frank Hannan, Bernard Paulfus, and Gary Stromberg.

Gargano, who attended Monday's hearing, confirmed afterward that he
intends to take action on the redevelopment zone at Wednesday's
special meeting.

"We know we'll be coming back [to court]," Gargano said, "but I'm
glad that we can still proceed."

* * *

# # #

Robin O'Hearn, Director
Skylands CLEAN, Inc.
POB 85
Ringwood, NJ 07456
-
551 Ringwood Avenue
Wanaque, NJ 07456
973-616-1006
roh...@skyclean.org

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

BUILDER FILES SUIT OVER RANDOLPH MOUNTAIN

Date: 030429
From: http://www.nj.com/news/ledger/morris/

HE SEEKS TO CONSTRUCT 232 MULTIFAMILY UNITS

By Margaret Mchugh, Star-Ledger Staff, April 29, 2003

Just weeks after Randolph officials took steps to limit development
on Randolph Mountain, a builder with plans for 232 multifamily homes
is taking the township to court.

Baker Residential Limited Partnership filed suit against the township
and its planning board, claiming local officials are violating a 2002
appellate court determination that housing could be built to
accommodate housing for low- and moderate-income residents.

Claiming the planning board has refused to even hear the application
for building 232 homes, including 48 reserved for low- and moderate-
income residents, Baker claimed "the township palpably abused its
discretionary authority," according to the lawsuit filed in Superior
Court in Morristown. The lawsuit became public yesterday.

Township Councilman Allen Napoliello, who also sits on the planning
board, said the lawsuit comes as no surprise. The planning board voted
this month to remove Randolph Mountain and several other properties
from its state-mandated fair share housing plan because the township
has already built 73 more than its 400-unit obligation.

"There are a lot of reasons why we shouldn't" allow it, Napoliello
said of the steeply sloped terrain through which a trout producing
streams runs.

But Baker contends that the township doesn't have the right to block
the development, in light of the June appellate court ruling that
upheld a state Council on Affordable Housing decision. COAH found that
the 60-acre site off Appio Drive was suitable for 48 affordable
housing units, and that the developer could build above a 600-foot
elevation. The township now has a law prohibiting such development.

The developer claims Randolph must abide by its land use ordinance as
it existed in 1989, the year the original developer got site plan
approval for the project. When the project was revised because of
wetlands considerations, the township required a new application,
prompting the legal battle that ended with the appellate court ruling.

"The present zoning of the property represents a desire on the part
of the township and the planning board to punish the plaintiffs
without regard for the actual prospects for the development, which is
mandated by COAH," according to the lawsuit.

Baker's attorney, Richard Sweeney, could not be reached for comment,
and Baker officials did not return phone calls.

"We don't know how it's going to turn out," Napoliello said.

The removal of Randolph Mountain from the affordable housing plan
must be certified by COAH. If it is removed, the township could change
zoning of the area to prohibit multifamily homes.

* * *

Margaret McHugh covers the Morris County courts. She can be reached at
mmc...@starledger.com or (973) 539-7119.
Copyright 2003 The Star-Ledger.

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

BUSH COMMITMENT TO EPA ENFORCEMENT QUESTIONED

Date: 030429
From: http://ens-news.com/

Environment News Service, April 29, 2003

Washington, DC - The U.S. Environmental Protection Agency's (EPA)
enforcement of pollution laws has "dropped dramatically" under the
Bush administration, according to the Public Employees for
Environmental Responsibility (PEER).

A survey of agency investigators and enforcement attorneys released
today by PEER - a self described national alliance of local, state and
federal resource professionals, working to protect the environment -
indicates that the enforcement program is less than a priority for the
administration.

"EPA Administrator Christie Whitman is quietly presiding over the
largest enforcement rollback in agency history," said PEER Executive
Director Jeff Ruch. "Field agents say that EPA management is not
interested in investigating corporate crime; as a result the
enforcement program is dying from the roots."

The PEER survey uses figures from Executive Office of U.S. Attorneys
figures compiled by Syracuse University's Transactional Records Access
Clearinghouse. It finds that new criminal pollution cases referred by
EPA for federal prosecution are down more than 40 percent since the
start of the Bush administration.

In addition, new civil pollution referrals are down by more than 25
percent under and the number of environmental prosecutions is also
beginning to fall, according to the survey.

PEER say new criminal prosecutions are off nearly one third and civil
filings by more than a quarter from levels during the Clinton
Administration. Ruch criticized EPA Administrator Whitman for touting
recent Clean Air Act settlements with Alcoa, Archer Daniels Midland
and Dominion Energy without noting that these cases were developed and
brought during the Clinton administration.

These settlements, Ruch said, were also won enforcing Clean Air Act
rules the Bush administration is eager to rewrite.

"Enforcement is a process, not an event," Ruch said. "The process
begins with inspections and investigations - this is the seed corn
that is being squandered."

According to the EPA, the agency has opened more cases than ever
before, but PEER says that enforcement agents contend that agency
numbers are vastly inflated and count matters that have no hope of
being prosecuted.

The numbers used in PEER's survey, Ruch explained, only detail cases
referred for civil or criminal prosecution and measure the enforcement
outcomes of each case.

* * *

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

BIOTECH FOOD MONITORING IS INADEQUATE

Date: 29 Apr 2003
From: "Peter Montague" {Pe...@rachel.org}

U.S. NOT PREPARED TO MONITOR APPROVED BIOTECH

Environment News Service, April 25, 2003

Washington, DC - The U.S. government's oversight of biotech crops
once they have been approved is inadequate and has potential
vulnerabilities, according to a new report from the Pew Initiative on
Food and Biotechnology, a non profit research organization.

The post market oversight of biotech crops, also known as genetically
modified, is intended to ensure compliance with restrictions that
agencies might impose to protect public health and the environment.

The current regulatory oversight system, write the authors of "Post-
Market Oversight of Biotech Foods: Is the System Prepared?" is poorly
equipped to carry out this mandate.

"Our report raises questions about the future preparedness of the
post market oversight program to achieve its traditional objectives,
including the enforcement of regulatory restrictions and the detection
and correction of unanticipated health or environmental problems,"
said Michael Taylor, the report's key author and senior fellow at
Resources for the Future.

Post market oversight Taylor explained, includes requiring buffer
zones between genetically modified and conventional crops to detect
and address any unanticipated health or environmental problems that
could occur after a biotech product is planted in fields or enters the
marketplace.

The report finds that biotech crops are regulated through a patchwork
of laws - three federal agencies use at least 10 different laws and a
range of regulations and guidelines to address biotechnology products.

Each of the laws currently used was developed before the advent of
biotechnology products and reflects widely different regulatory
approaches and procedures, explained Taylor and coauthor Jody Tick,
also with Resources for the Future.

The reports finds, for example, that the U.S. Department of
Agriculture's Animal and Plant Health Inspection Service (APHIS),
which oversees biotech plantings, does not have the authority under
current regulations to impose conditions on the use of biotech crops
once they have been approved for for large scale planting.

In addition, APHIS cannot require biotech developers to monitor those
crops' impact on the environment post-approval.

The U.S. Environmental Protection Agency (EPA)is responsible for
regulations that manage the environmental impact of pesticides,
including those incorporated into biotech crops, but agricultural
interests are not legally bound to meeting the EPA's standards,
according to the report.

The agency can only impose conditions on biotech companies, which are
supposed to monitor how farmers use their products.

"There are no official EPA standards for what constitutes an adequate
degree of compliance or government audits of how well farmers are
complying," the authors wrote.

And they say the U.S. Food and Drug Administration (FDA) has no
affirmative post market inspection or compliance program for biotech
foods, even though it has for other categories of food and drug
products it regulates.

This calls into question whether the FDA has the detection methods it
needs, the capacity to conduct large volume sampling and testing, and
adequate legal tools, such as the authority, to examine food industry
records.

The importance of post market oversight has been heightened by two
high profile events with biotech corn.

In 2000, StarLink, a variety of biotech corn approved only for use in
animal feed, accidentally ended up in the human food supply. It
resulted in the recall of more than 300 food products and costing
farmers, food processors and the grain industry millions of dollars in
lost profit.

The second event occurred in November 2002, when it was discovered
that corn genetically modified and grown by ProdiGene to produce a
protein that serves as a pig vaccine, contaminated some 500,000
bushels of soybeans grown in Nebraska.

The soybeans were grown in a field that had previously been used by
ProdiGene to grow the biopharm corn. When the corn crop failed,
ProdiGene plowed it under and planted food grade soybeans.

The soybeans were intercepted before they could reach the human or
animal food supply, and USDA officials said this demonstrated that
adequate safeguards are in place. But others are less than convinced
and the believe the concern over biopharm crops warrants greater
regulatory oversight.

"Although the agencies with oversight for biotech crops have shown
substantial resilience and capacity to react to significant problems,
there are some serious questions about whether the current regulatory
regime is prepared for what lies ahead," said Michael Rodemeyer,
executive director of the Pew Initiative.

"Plant biotechnology holds promises for products with strong consumer
benefits, such as allergen free crops or plant made drugs that help
solve unmet medical needs, but these new applications also call into
question whether the government's post-market oversight can ensure
compliance as well as maintain consumer confidence, which is essential
to the well-being of this industry."

The debate over genetically modified, or biotech, crops has grown in
recent months, as the United States and the European Union (EU) are
engaged in a very public dispute over the safety of biotech foods. The
U.S. government, in particular Bush administration officials, are keen
to allow more biotech crops, but many others are wary of the potential
health, environmental and economic impacts of biotechnology.

The EU has refused to grant import licenses for biotech food for the
past four years because many Europeans are worried about possible
health and environmental risks.

EU officials are not slated to decide on any new policies affecting
biotech foods until October.

The United States produces some two-thirds of the world's GM crops
and U.S. officials estimate the EU ban has cost its agricultural
industry hundreds of millions, including some $300 million a year in
corn sales alone.

They contend the ban is negatively affecting global trade, slowing
development of new GM crops and contributing to famine in developing
countries. Some 34 percent of U.S. corn is genetically modified, as is
some 71 percent of U.S. cotton and 75 percent of U.S. soybeans.

With biotech crops now common in the United States and the Bush
administration's eagerness to promote biotechnology, including
biopharm crops, oversight of approved biotechnology producsts is
emerging as a very real issue, said Taylor.

"The time is ripe to address these issues," he said, "before a crisis
occurs."

* * *

# # #

Rachel's Environment & Health News
Environmental Research Foundation
POB 160
New Brunswick NJ 08903-0160
Tel: 732-828-9995
Fax: 732-791-4603
Email: e...@rachel.org
Web: http://www.rachel.org

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

LEGISLATORS TO ANNOUNCE CREATION OF SMART GROWTH CAUCUS

Date: 29 Apr 2003
From: "Susan M. Burrows" {sbur...@njfuture.org}

Trenton - Four state legislators will announce the creation of a
bipartisan, bicameral Smart Growth Caucus at a State House press
conference Wednesday, April 30.

Senator John H. Adler, D-Cherry Hill; Senator Leonard Lance, R-
Flemington; Assemblywoman Linda R. Greenstein, Esq., D-Monroe; and
Assemblyman Eric Munoz, M.D., R-Summit, will co-chair the New Jersey
Legislative Smart Growth Caucus.

The Caucus expects to lead in the development and support of smart
growth legislation that will improve the quality of life for all New
Jerseyans. The press conference will be hosted by New Jersey Future, a
nonprofit, nonpartisan research and policy organization and the
state's oldest and largest smart growth group.

The press conference will begin at 12:30 p.m. in Committe Room 7 of
the Annex, second floor.

* * *

Susan M. Burrows
Communications Director
New Jersey Future
609/393-0008 ext. 109 or
609/921-2523
Visit our website at http://www.njfuture.org

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

ESSEX COUNTY WASTE COLLECTION - MAY 3

Date: 030429
From: http://www.nj.com/news/ledger/essex/

By Nikita Stewart, Star-Ledger Staff, April 29, 2003

Every first Saturday of May, the Essex County Utilities Authority
awaits the arrival of the unwanted: propane tanks, mercury, automotive
fluids, paint thinners and other hard to get rid of junk.

Since the annual "Collection Day" began in 1994, the authority has
collected 479 tons of hazardous materials. Last year, 1,519 county
residents dropped off more than 50 tons of waste at the county's fleet
maintenance garage in Cedar Grove.

But there has been a nagging problem through the years. East Essex
residents do not make their way to Cedar Grove with their household
fire extinguishers, fluorescent lightbulbs and chemistry sets.

"We do well in the geographical area," said Tom Barrett, the
authority's public information officer.

The authority, which oversees the county's solid waste collection
system, yesterday held a news conference at the Hall of Records in
Newark to inform the public about the upcoming event.

"It's in no one's interest to not have anyone know about it," Barrett
said.

The authority has been trying to draw residents from every part of
the county through an advertising blitz in weekly and daily newspapers
and fliers posted in stores, Barrett said.

Michael Onysko, chief of engineering and operations of the authority,
carried a box of props to demonstrate his passion for getting people
to haul those "things that belonged to their grandfather" out of the
basement.

He placed rusty cans of varnish, paint and propane on a conference
table in the office of county Executive Joseph DiVincenzo, careful to
put newspaper down first to protect the table's finish.

Material goes from the collection site in Cedar Grove to recycling
bins or, in many cases, to hazardous waste landfills in Virginia and
Ohio, he said.

Saturday's event, including the transfer of waste to landfills or
recycling agencies, will cost the authority about $100,000, Onysko
said.

At that price, the authority can hold it only once a year and has the
capacity in Cedar Grove to hold the tons of waste that come in by the
carloads and truckloads, he said.

But DiVincenzo said the county should find creative ways to hold two
collection days each year in west and east Essex.

Onysko said the biggest obstacle to holding one in east Essex is
finding a site.

For now, the authority is just trying to make sure that residents in
east Essex also know about the big day.

To drop off materials, participants must be county residents and will
be asked to show proof of residency. All containers can be no more
than five gallons or 10 pounds. Anything with asbestos, explosives,
infectious or medical waste, munitions and highly reactive or
unidentifiable materials will be rejected.

Collection is from 8:30 a.m. to 4 p.m. at 99 West Bradford Ave. in
Cedar Grove.

For more information, call the authority at (973) 857-2350.

* * *

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

STONY BROOK-MILLSTONE WATERSHED GARDEN TOUR - MAY 10

Date: 29 Apr 2003
From: Laura Alex {la...@thewatershed.org}

BENEFITS ENVIRONMENTAL PROGRAMS

Hopewell - The Stony Brook-Millstone Watershed Association sponsors
its annual Garden Tour on Saturday, May 10th, 10:00 a.m. - 4:00 p.m.
This year's self guided tour includes five gardens in Princeton and
tickets can be reserved in advance or purchased the day of the event
at any of the five gardens on the tour or at Morven. The cost is $25,
which includes refreshments served at one of the sites. Proceeds from
the Garden Tour benefit the Association's environmental efforts in the
region. The Tour will be running in conjunction with the Morven
Heirloom Plant sale on the same day from 9a.m. to 3p.m on the Morven
grounds in Princeton Borough.

Five varied and unique properties have been chosen for this special
tour Steve and Linda Gecha, the current owners of 12 Battle Road
created a formal garden with a Great Lawn as the central focus.
Statues of Gallant and his Lady mark its ends. It is bordered by a
Barberry hedge, a perennial Bank Garden and steps leading up to a
Terrace. Gaps in the hedge lead to a secret garden. A shade garden,
hydrangea garden, evergreen and hollies and weeping cherries combine
to create a garden and grounds of the scale and grandeur of the house.
There is even a play area for the children. People often ask, "Am I
really in Princeton or have I been transported to Paris?" Architect:
Glenn Fries Associates. Contractor: Kale's Nursery and Landscape
Service, Inc.

39 Moore is an informal cottage garden reminiscent of a time when
Princetonians spent summer evenings strolling the community and
conversing on the front porch. A rose and clematis arbor accents the
white picket fence surrounding the property belonging to Sharon and
Pat Ainsworth. An English-style perennial garden blooms from March to
November, as crocus, grape hyacinth, and narcissus give way to phlox,
coreopsis and hydrangeas. Late summer and autumn find the beds
blooming with purple coneflowers, rudbeckia and asters. On challenging
soil, Sharon has incorporated a touch of the wild with Queen Anne's
Lace from her childhood home in rural New York State. The Spruce
Street side of the property is lined with beds of daylilies bred by
Centerton nursery owner and family friend, Ray Blew. Beneath the shade
of seventy-year-old oaks are rhododendrons, hostas and astilbes. The
Ainsworth's "back yard" is an intimate brick courtyard with planted
urns, herbs, roses and hollies.

Karen and Eric Knudson's garden of less than half an acre is within a
few yards off Harry's Brook at 76 Roper Road and at the bottom of a
hill where springs bubble up, flow into a swale at the back of the
garden and then into the Brook. In 1989, when the house was bought,
there were many dead and dying trees and very deep brambles and weeds.
A `cleaningout' exposed large pines, oaks and maples, and allowed the
creation of a patio around the pool, dry streambeds of river rock
(which are also drainage conduits for the spring water), and gardens.
The front has shrubs, ground covers and Siberian iris and lavender,
deer-proof perennials. Inside the 8 ft. deer fence that surrounds the
back garden are bulbs, perennials, ornamental grasses, annuals and
shrubs providing a succession of seasonal bloom. With the surrounding
wooded lots this garden is a haven for a large variety of birds.
46 Bayard Lane

Ten years ago, Drs. Kurt and Judit Stenn started with some existing
trees and little else. Judit Stenn's creative approach and discerning
eye assisted in design and planting. The back has been planned for
privacy and seclusion. The style of the 140-year old house is romantic
and the garden echoes this with turns, hidden areas, climbers and
informal plantings. Textures are important as well as the effect of
light and shadow. Most plants are simple, old varieties of shrubs and
perennials in harmony with the age of the home. In early May, the
garden's old lilacs, magnolias, dogwood, and old apple all bloom
white.

This garden of John H. Jacobus and David P. and Claire R. Jacobus is
a traditional design with flowering borders on 37 Cleveland Lane. Many
plants are germinated over winter. At this time of the year we have
about 200 entries in the journal (on display) listing seeds or plants
started. Successful starts are in the garden. Our systems include some
raised beds filled with pure compost or scree. Because both drain
rapidly, moisture is maintained by an irrigation system that also
functions as the border. The design of the winter street garden, deer-
proof and planned to bloom from October to May, will be visible and
may have some flowers left. Please enter through the center gate to
see the beds in the front. Walk around to the left down three steps to
see the rear gardens. Walk back and down the driveway for a level
entrance to the rear.

The Riveredge Farms has kindly donated a 6' Princeton American Elm
tree - valued at over $125.00 - to the Watershed for our Garden Tour
raffle. The winner will be chosen at 4:00 pm on the Tour day. Tickets
are available for $3.00 apiece on the day of the tour at all garden
locations and at the Morven Heirloom Plant Sale.

The Watershed Association is also selling whimsical vinyl Watering
Can bags are the perfect gift for the gardener in your life. Available
this year in four festive colors, periwinkle, lime, petunia and black,
the purses cost $19.95 plus shipping. 18"L x5.5W x13"H

Iced tea, lemonade, and cookies will be served beginning at 12:00
p.m. at the home of Eric and Karen Knudson where the American elm and
watering can purses will be displayed.

* * *

Contact:
Candy Reed, Office Manager
609-737-3735
cr...@thewatershed.org

Stonybrook-Millstone Watershed Association
31 Titus Mill Road
Pennington NJ 08534

Laura Alex, Program Coordinator
The Watershed Institute
c/o Stony Brook-Millstone Watershed Association
31 Titus Mill Road
Pennington, NJ 08901
la...@thewatershed.org
609.737.3735
609.737.3075 fax

http://www.thewatershedinstitute.org
http://www.thewatershed.org
http://www.giscenter.org
http://www.beesinc.org

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

Tina Bologna - Editor - bol...@gsenet.org

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

Back issues of the Garden State EnviroNews are available at
http://www.gsenet.org/library/11gsn/11gsn.php

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