GARDEN STATE ENVIRONEWS
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
TABLE OF CONTENTS
~~~~~~~~~~~~~~~~~
{*} HABITAT PROTECTION WAITING IN THE WINGS
{*} ENVIROS SAY SPRAWL CAN BE SLOWED BY LAW
{*} A NATURAL SELECTION
{*} EPA AGREES TO CLEAN UP SCENIC SKIES
{*} ENVIRONMENTAL GROUPS RENEW CALL FOR CLEAN CAR ACT
{*} THE JOSEPH STRATEGY
{*} DEP INCENTIVE TO SELF-DISCLOSE ENVIRONMENTAL VIOLATIONS
{*} KUDOS FOR GLOUCESTER COUNTY BROWNFIELDS EFFORTS
{*} ESTUARY AND HABITAT RESTORATION FUNDING
{*} SLOW PROGRESS SAVING MORDECAI ISLAND
{*} SANDY HOOK BAY RE-OPENS TO SHELLFISHING
{*} NEEDLES, WASTE WASH ASHORE
{*} PLAN SEEN AS THREAT TO FURNACES
{*} FREEHOLDERS CLEAR LEASE OF NATIRAR SITE
{*} SUSTAINABILITY INTERNSHIP AVAILABLE
{*} HOW TECHNOLOGY CAN PUT THE `SMART' IN NJ'S GROWTH - OCT 20
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
The Garden State EnviroNet (GSE) gratefully acknowledges volunteers
Gerald Cullins, Jeff Hook and Paul Neuman for their contributions to
today's issue. Thanks also to Peter Montague for his many contibutions
to the EnviroNews, and his invaluable help as a member of our Board of
Trustees. If interested in helping out, please send an email message
to mai...@gsenet.org.
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
HABITAT PROTECTION WAITING IN THE WINGS
Date: 030820
From: LGold...@aol.com
THE DEP IS ON THE BRINK OF THE NEXT PHASE OF THREATENED
AND ENDANGERED SPECIES HABITAT REGULATION IN NEW JERSEY
By Lewis Goldshore and Marsha Wolf, NJ Law Journal, 08-18-2003
At a recent event to commemorate the 30th anniversary of the adoption
of the Endangered and Nongame Species Conservation Act, Department of
Environmental Protection Commissioner Bradley Campbell announced that
the DEP was in the process of preparing regulations to protect
threatened and endangered species habitat. See NJS.A. 23:2A-1 et seq.
The commissioner explained:
"New Jersey was among the earliest leaders in species protection. New
Jersey's law [ENSCA] predated the federal Endangered Species Act of
1973, but our landmark law was never implemented through regulation. I
have directed my staff to develop needed standards, 30 years overdue,
that will extend protection of New Jersey's threatened and endangered
species to upland habitats. This will not only put New Jersey at the
forefront of endangered species protection.
SMART GROWTH
For landowners in the coastal area, pinelands and wetlands, rules
protecting threatened and endangered species habitat is nothing new.
The regulations adopted in these and other areas of special
environmental concern already severely restrict development in, or
near, protected habitat.
It now appears that the DEP is poised to extend these types of strict
controls on a statewide basis. The department is not seeking new
legislation to accomplish this objective. Rather, it will be relying
on ENSCA, a statute that has been applied in a much narrower fashion
since its enactment in 1973.
As a result, the proposal is likely to generate an even greater
amount of controversy than usual from affected landowners and the
development community.
Another noteworthy aspect of the forthcoming proposal is that it is
intended to serve dual purposes. That point was made clear by
Campbell, who candidly acknowledged that the habitat protection
regulations were not being proposed for the sole purpose of preventing
the extinction of wildlife species.
As important as that objective might be standing alone, the
threatened and endangered species habitat proposal was also being
designed, according to Campbell, to serve as a "tool in Governor
McGreevey's war on sprawl."
Every war has had its slogans. In this one, the enemy is known as
unplanned growth - sprawl. As those who have been tracking the
evolution of this issue are aware, the opposite of sprawl is smart
growth.
The basic tenets of smart growth are the encouragement of future
development in the urban and older suburbs and its discouragement in
environmentally-sensitive and agricultural areas. It is more than
fortuitous that threatened and endangered species habitat tends to be
concentrated in those areas that the state government would like to
see placed off limits to most future development.
Landowners, developers and their allies have different mind-sets and
priorities. The development community simply wants to make new
residential and commercial product available where it believes that
there is a demand, or market, for its consumption. While there has
been a stepped-up demand for development in some cities and closer-in
suburbs, a substantial portion of consumers still continue to prefer
living and working in outlying areas.
The battle lines regarding these differing perspectives were recently
drawn over the DEP's amendments that upgraded the surface water
classifications for a substantial number of waterways. See NJA.C.
7:9B-1.15 et al. Those regulations also had a dual purpose -
protecting water quality while promoting the administration's smart-
growth agenda.
Litigation challenging the water quality rules has been filed by the
New Jersey Builders Association. It appears that some of the same
issues will be raised concerning the forthcoming habitat protection
proposal.
ENSCA
Contrasted with later environmental statutes, ENSCA was a simple and
straightforward enactment. It recognized that there was a growing
problem in the state with endangered species and nongame species of
wildlife that needed to be addressed. This included the possession of
dangerous species in residential settings, as well as their potential
for release into the environment.
It is apparent that those responsible for drafting ENSCA were
familiar with the threatened and endangered species habitat proposals
that were then pending in Congress. It is not coincidental that the
language of the state enactment and the federal law, the Endangered
Species Act of 1973, are similar in several respects. See 16 U.S.C. §
1531 et seq.
It is also reasonable to assume that ENSCA's draftsmen were aware of
the congressional debate concerning the protection of habitat, as
contrasted with the control of possession and release of threatened
and endangered species. However, broad-based habitat protection
legislation was not politically feasible in New Jersey in 1973.
Attitudes regarding the propriety of state intrusion in the land use
and development process were very different 30 years ago than they are
today.
Similar to other environmental statutes adopted around that time,
ENSCA delegated broad regulatory authority to the DEP. The agency was
authorized to adopt administrative rules "limiting, controlling and
prohibiting the taking, possession, transportation, exportation, sale
or offer for sale, or shipment of any nongame species or any wildlife
on the endangered species list." See NJS.A. 23:2A-5.a.
The statute also defined several key jurisdictional terms. Endangered
species included those "whose prospects of survival or recruitment are
in jeopardy or are likely within the foreseeable future to become so,"
while nongame species included any "for which a legal hunting or
trapping season has not been established."
The term take, which appears as taking in the grant of regulatory
authority, is likely to have a central role in the next phase of
threatened and endangered species habitat regulation. It was defined
to include "harrass, hunt, capture, kill, or attempt to harass, hunt,
capture, or kill wildlife." See NJS.A. 23:2A-3.e.
It is noteworthy that the term was not expressly defined to include
the alteration of habitat in a manner that would result in any of the
otherwise proscribed activities.
Following ENSCA's adoption, the DEP proceeded to adopt a fairly
detailed set of regulations. These established a permit system for the
possession of certain species and the prohibition of the possession of
certain other species. See NJA.C. 7:25-4.1 et seq.
However, until recently, the DEP has not sought to interpret ENSCA as
vesting it with the authority to directly regulate the use of land on
which protected species are found.
That is about to change. According to the DEP's press release of July
15, 2003:
The planned regulations Campbell outlined would require habitat
conservation plans whenever new development occurs in environmentally
sensitive areas that serve as habitat for threatened or endangered
species. These provisions would be comparable to protections extended
to federally protected species, protections that deem habitat
destruction equivalent to the taking of a species. The planned
regulations also would eliminate uncertainty concerning threatened and
endangered species protection in smart growth areas, and minimize
impacts to traditional farming and forestry practices.
FEDERAL LAW
The Endangered Species Act of 1973 took effect on Dec. 28, 1973, two
weeks after the approval of its New Jersey counterpart. Implementation
responsibility was assigned to the Secretary of the Interior.
The federal law made it unlawful for any person to "take" any
endangered or threatened species. This term was defined in a manner
similar, but not identical, to ENSCA's definition. According to the
ESA, take means "to harass, harm, pursue, hunt, shoot, wound, kill,
trap, capture, or collect, or to attempt to engage in any such
conduct." See 16 U.S.C. § 1538(a)(1).
The inclusion of the term "harm" is particularly significant. It did
not appear in the original proposal and was added late in the process
as a floor amendment. Following enactment, the Department of Interior
adopted regulations clarifying its meaning. According to the DOI, harm
"include[s] significant habitat modification or degradation where it
actually kills or injures wildlife by significantly impairing
essential behavioral patterns, including breeding, feeding, or
sheltering." See 50 CFR § 17.3 (1994).
In Babbitt v. Sweet Home Chapter of Communities, 515 U.S. 687 (1995),
the U.S. Supreme Court considered whether the ESA authorized the DOI's
habitat protection regulations. The challengers included small
landowners and logging companies that were dependent on the forest
products industry, who claimed that they were economically harmed by
restrictions on timber harvesting designed to protect the northern
spotted owl and other threatened wildlife species. The plaintiffs
asserted that the DOI's definition of harm was contrary to the ESA and
void for vagueness. For additional information concerning this case,
see "New Jersey Stake in Protecting Species;" 139 NJL.J. 1122 (Mar.
20, 1995).
A sharply divided Court found that the DOI's definition of harm to
include habitat modification or degradation that actually kills or
injures wildlife was within its scope of authority. In reaching this
decision it relied on the ESA's text, structure and legislative
history. As the Court noted:
In the elaboration and enforcement of the ESA, the Secretary [of
Interior] and all persons who must comply with the law will confront
difficult questions of proximity and degree; for, as all recognize the
Act encompasses a vast range of economic and social enterprises and
endeavors. These questions must be addressed in the usual course of
the law, through case-by-case resolution and adjudication.
The DEP is on the brink of the next phase of threatened and
endangered species habitat regulation in New Jersey. While the DOI's
experience and the Supreme Court's Sweet Home decision may provide
some assistance, there are some distinct differences that will need to
be considered, including the fact that the term "harm" never made its
way into ENSCA.
* * *
Goldshore is a partner at Szaferman, Lakind, Blumstein, Blader,
Lehmann & Goldshore of Lawrenceville. Goldshore and Wolf are co-
authors of New Jersey Environmental Law, the Environmental Law
Citator, the Environmental Law Newsletter, published by the New Jersey
Institute of Continuing Legal Education, and an online New Jersey
environmental newsletter, http://www.njenvironews.com. Goldshore is a
co-author of New Jersey Brownfields Law, published by New Jersey Law
Journal Law Books. Their column appears regularly in the Law Journal.
Szaferman, Lakind, Blumstein, Watter,
Blader, Lehmann xecutive Center, Suite 104
101 Grovers Mill Road
Lawrenceville, New Jersey 08648
Tel: 609-275-0400
Fax: 609-275-4511
http://www.szaferman.com
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
ENVIROS SAY SPRAWL CAN BE SLOWED BY LAW
Date: 030819
From: http://www.ens-newswire.com/
Environment News Service, August 19, 2003
Washington, DC - The National Environmental Policy Act (NEPA) has
helped curtail the environmental impact of major transportation
projects, according to a report released Monday by the Sierra Club and
the Natural Resources Defense Council (NRDC).
NEPA, enacted in 1970, requires the federal government to study and
disclose the environmental effects of federally funded road and
highway projects and to involve the public in their planning.
"NEPA makes transportation projects better," says Neha Bhatt of the
Sierra Club's Challenge to Sprawl Campaign. "In project after project,
NEPA has given us the information and the input we need to make smart
transportation choices and protect our quality of life."
The environmental groups issued the report as part of an effort to
derail efforts by the Bush administration and some Congressional
Republicans to limit NEPA compliance.
The administration and its supporters say environmental concerns can
still be met if NEPA requirements are limited, and contend these
reforms are needed to expedite federal road building projects.
The report, "The Road to Better Transportation Projects: Public
Involvement and the NEPA Process," makes the case for preserving NEPA
protections by documenting how the law makes projects better and helps
to avoid costly and often irreversible problems down the line.
The report details a dozen road projects across the country that
highlight the successful role NEPA has played in transportation
policy.
In Florida, for example, NEPA compliance ensured that a road that
crosses the Everglades in the aptly named "Alligator Alley" featured
design techniques that reduced environmental damage, including 24
wildlife underpasses and continuous fencing along 40 miles of the
route to reduce road kill.
The report details how in Massachusetts, NEPA compliance was critical
in a $290 million effort that transformed Route 146 from a two lane
access road to a four lane parkway while preserving physical and
historic characteristics of the corridor.
"We need NEPA because there is no such thing as a do-over in highway
construction," explains Deron Lovaas, deputy director of NRDC's Smart
Growth program. "Without this law, people would not have a voice in
how and where roads get built."
* * *
Copyright Environment News Service (ENS) 2003. All Rights Reserved.
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
A NATURAL SELECTION
Date: 030820
From: http://www.tompaine.com/
By Eric V. Schaeffer, Aug 19 2003
Collaboration. Sound science. Local empowerment. Results.
These familiar buzzwords were deployed like a line of skirmishers
when the Bush administration announced its nomination of Governor
Leavitt of Utah to head the battle-scarred Environmental Protection
Agency. Cynics dismissed the rollout as more propaganda designed to
sing the electorate to sleep and cover the administration's close ties
to the polluter lobby, but Senate hearings on the nomination will give
us a chance to ask Gov. Leavitt what those words really mean.
COLLABORATION
The Southern Utah Wilderness Alliance has charged Gov. Leavitt with
cutting a closed-door deal to unlock millions of acres of wilderness
to oil and gas drilling. The process was so controversial that the
trade association of businesses that make wilderness gear threatened
to cancel their annual convention in Salt Lake City.
According to an Earthjustice lawsuit, the governor entered into
secret negotiations with the Bush administration to open the Grand
Staircase-Escalante National Monument to highway construction.
This track record may qualify Gov. Leavitt for membership in the
secret society that wrote Vice President Cheney's polluter-friendly
energy plan, but it isn't a promising sign for proponents of
transparency and open government.
This modus operandi smacks of the Bush administration's restrictions
on access to public documents that should be available through the
Freedom of Information Act and its use of executive privilege to block
disclosure of contacts between Vice President Cheney and top energy
lobbyists.
Collaboration should mean something other than political appointees
and regulated industries using closed-door meetings to make important
decisions that will affect us all.
SOUND SCIENCE
"Sound science" is a slogan so manipulated that it has lost its
meaning. Sound science ought to mean independent, objective research
that leads to informed decisions about how best to protect human
health and the natural world. Instead, it has come to mean suppressing
data that fails to justify desired outcomes and manufacturing data
that does.
Here again, there are warning signs in the Leavitt record. A 1996
article in the High Country News documented how wildlife scientists
were reassigned or downsized under Leavitt for recommending needed
protections for endangered species in Utah. The wildlife agency was
then turned over to a former aerospace personnel director whose focus
centered only on ensuring a supply of duck and deer for hunters.
If the High Country News story is representative, then Leavitt might
fit right in with the Bush administration, which seems to fear science
more than respect it. For example, just before Whitman left EPA, the
Agency removed a discussion of global warming from its report on the
state of the environment, after helpful "collaboration" from Bush
political appointees in the White House. According to a just-released
report from EPA's Inspector General, White House staff deleted
warnings about environmental hazards from EPA directives issued after
the collapse of the World Trade Center. Then consider the Agency's
"analysis" that claims eliminating Clean Air rules will not increase
air pollution; the "analysis" is an embarrassing ramble of anecdotes
supplied by the same companies that violated those rules.
LOCAL EMPOWERMENT
Leavitt's Utah has been in the forefront of the conservative movement
to "empower" state and local governments with more authority for
environmental decision-making. So it's fair to ask how Utah exercised
that authority when confronted with notorious home-state polluter
Magcorp, a magnesium ore plant on the shores of the Great Salt Lake.
Until recently, Magcorp released more than 42 million tons of chlorine
to Utah's skies every year, or 9 times the total chlorine emission
from the other 49 states. Ultimately, EPA had to step in and force
MagCorp to clean up its act through a series of federal enforcement
actions, and toxic air pollution from the facility has diminished in
the last two years.
States' rights are also a useful slogan for the Bush administration,
but one that is quickly brushed aside when it proves inconvenient for
the president's corporate sponsors. For instance, the administration
has plowed ahead with Clean Air Act rollbacks despite the determined
opposition of state air regulators. In fact, Utah's own air
enforcement chief is among state environment officials who have
criticized the administration's proposal, which would exempt big
construction projects at power plants from Clean Air permit and
pollution control requirements. If Gov. Leavitt is serious about local
empowerment, he can start by reading his own state's testimony against
EPA's new utility rules.
RESULTS
Talking up "results" has the kind of straight shooting, bottom-line
appeal that is hard to resist. It also invites scrutiny of Gov.
Leavitt's own record in the state he has run for more than a decade.
The governor is credited with leading the development of a multi-state
compact to cut down on pollution that impairs visibility and threatens
health. However, nitrogen oxide pollution from Utah's own power
plants, which contributes to smog and haze, actually increased between
1995 and 2002, while declining 21.8 percent in the rest of the
country. There have been reported improvements in Utah's water
quality, but only 12.2 percent of its rivers and streams are
monitored, compared to 19 percent nationwide. Finally, with only 1
percent of the nation's population, Utah has the second highest volume
of toxic chemical releases in the nation, according to EPA data.
The Bush administration has also made a habit of promising results in
the distant future when it wants to avoid enforcing a law that its
corporate allies find inconvenient today. For example, the
administration is about to weaken the Clean Air Act to legalize power
plant modifications that its own Justice Department has argued in
court to be illegal. "Don't worry," we're told, "the President has a
'Clear Skies' plan to reduce power plant pollution by 70 percent
without all that burdensome litigation." What the Bush administration
won't say is that even if a skeptical Congress enacts Clear Skies,
that 70 percent reduction won't happen until 2025 at the earliest -
about twice the time it would take if they would just enforce current
law now. EPA studies show that power plants lead to asthma attacks,
chronic bronchitis, and premature death for 20,000 people a year.
While environmental results are the bottom line, it matters how long
it takes to get them when the stakes are that high.
Gov. Leavitt will have the opportunity to explain his record, and to
define the terms used by the Bush administration, both to herald its
own environmental policy and in its decision to nominate him. The
hearing will also offer the chance to ask the governor what he thinks
about some of the words that are missing from the Bush
administration's environmental vocabulary, like open government,
honest science, respect for the law, and defense of the public
interest against the polluters' lobby.
- - -
Eric V. Schaeffer is director of the Environmental Integrity Project
and former chief of EPA civil enforcement.
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
EPA AGREES TO CLEAN UP SCENIC SKIES
Date: 030820
From: http://sfgate.com/
POLLUTERS NEAR NATIONAL PARKS TARGET OF LAWSUIT SETTLEMENT
By Jane Kay, San Francisco Chronicle Environment Writer
August 20, 2003
The U.S. Environmental Protection Agency signed a court settlement
Tuesday intended to clear the skies and improve the views in national
parks and wilderness areas.
The settlement with Environmental Defense, a national environmental
group, places the EPA on a court-ordered schedule to curb by April
2005 haze-forming pollutants that threaten such national parks as
Yosemite, Sequoia, Glacier, Big Bend, Great Smoky Mountains,
Shenandoah, Big Bend and Acadia. The deal applies to 156 parks and
wilderness areas in all.
Hundreds of industrial plants nationwide could be affected by the
settlement, including cement plants, copper smelters and coal-fired
power plants in the West that supply energy to California.
The settlement must go through a public comment process and requires
approval by a Washington, D.C., court before it takes effect.
"This settlement is a big step toward cleaning up the air in our
national parks and wilderness areas," said David Baron, attorney for
Earthjustice, a nonprofit legal organization that represents
Environmental Defense.
"The law sets a national goal of clearing the skies in these special
places, for the enjoyment and inspiration of present and future
generations," Baron said.
Under 1977 amendments to the Clean Air Act, industrial plants are
prohibited from creating "regional haze" that spoils scenic vistas in
parks and wilderness areas. The National Park Service has blamed fine
particles created by emissions of sulfur dioxide and nitrogen oxides
that blow hundreds of miles and impair visibility in many of its wild
parks.
The EPA's enforcement program stalled after a coalition of electric
utilities, representatives of the coal-mining industry and the state
of Michigan sued in federal court in 1999, arguing that regulations
newly issued by the EPA were infringing on states' rights to regulate.
Parties associated with the suit couldn't be reached for comment on
Tuesday's settlement.
Last year, the U.S. District Court of Appeals in Washington, D.C.,
reaffirmed EPA rules that call for states to make progress in
protecting scenic vistas. But the court also required the EPA to
rework a section of the rules that required older plants to retrofit
with modern pollution-control technology.
In December, Earthjustice filed a notice of its intent to sue the
EPA, charging that the agency had a duty to put in place rules to
control big polluters. Tuesday's settlement grew out of that legal
action.
* * *
Email Jane Kay at jk...@sfchronicle.com.
(c) 2003 San Francisco Chronicle
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
ENVIRONMENTAL GROUPS RENEW CALL FOR CLEAN CAR ACT
Date: 20 Aug 2003
From: "Sam Boykin" {sbo...@njpirg.org}
OVER 10,000 CITIZENS SIGN POSTCARDS URGING CLEAN AIR LEGISLATION
NJPIRG CITIZEN LOBBY * NJEF * NJ SIERRA CLUB
August 20, 2003
Trenton, NJ - With summer smog season coming to an end environmental
groups gathered at the Statehouse to deliver over 10,000 postcards
which call on the legislature to pass the Clean Car Act at the next
possible moment.
"When the Legislature failed to pass the Clean Car Act by June 30th-
we decided to take the campaign to the people of New Jersey," stated
Dena Mottola, Executive Director of NJPIRG "And the people of New
Jersey responded overwhelmingly that they want cleaner cars and
cleaner air."
The campaign, led by NJPIRG, gathered the postcards as part of a
door-to-door campaign to educate people about the problems of air
pollution. Postcards were gathered from hundreds of towns, every
legislative district, and all twenty-one New Jersey counties. The
campaign also generated thousands of emails and phone call to
legislative leaders.
"Town after town, house after house, people know that air pollution
is a problem," stated Doug O'Malley local Director of the campaign,
"Whether through asthma or cancer few people aren't touched by this
issue."
New Jersey suffers from some of the worst air pollution in the
country. The average New Jerseyan breathes levels of air toxics that
are 1600 times above the federal health standard. The Clean Car Act is
the one opportunity New Jersey has to address the largest source of
air pollution in the state, and would reduce auto pollution by at
least 20% by 2020. The bill came close to passage during the last
legislative session amid intense opposition from oil, gas, and auto
industry lobbyists.
"We know the dirty air lobby is against the bill and will continue to
work against it. This show of support for clean air should give
legislators the power to stand up to them and put New Jersey on the
road to a cleaner air future." stated Jeff Tittel, State Director of
the Sierra Club.
A bi-partisan majority of legislators in both houses have supported
the bill, and have sent letters to party leadership asking for the
Clean Car Act to be posted. It is currently in Appropriations
Committee in both the Senate and Assembly-despite the fact that the
Office of Legislative services has estimate no fiscal impact on the
state.
"We have a clean car majority in the Statehouse and in communities
across New Jersey, now we need the Legislature to pass the bill as
soon as possible." concluded Amy Goldsmith, State Director of the New
Jersey Environmental Federation.
* * *
For More Information Contact:
Sam Boykin, NJPIRG (609) 394-8155
Jeff Tittel, Sierra Club (609) 558-9100
Amy Goldsmith, NJEF (732) 280-8988
NJPIRG (Public Interest Research Group) is the state's leading public
interest advocacy organization with 20,000 members across the state.
NJEF is the state's largest environmental organization with 70,000
individual members and 100 member groups. NJEF is the New Jersey
chapter of Washington DC based Clean Water Action.
Sierra Club is the nation's oldest and largest environmental group.
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
THE JOSEPH STRATEGY
Date: 18 Aug 2003
From: "Jeffrey Brown" {globall...@worldnet.att.net}
[SPECIAL REPORT - Excerpt - Read the full article at:
http://www.gsenet.org/library/14njs/joseph.php]
AS THE ENERGY EMERGENCY UNFOLDS, IS THE BLACKOUT OF 2003
A PREVIEW OF THINGS TO COME?
By David Ehrenfeld, Orion Online - September/October 2003
When people think of the dramatic story of Joseph and his brothers,
told in the Book of Genesis, they think first of the Canaanite family
drama - of a brother abused and brought low by his siblings - ending
in one of the most moving family reconciliations in all literature.
Less often considered is the subplot of the story: Joseph's accurate
prediction of impending environmental catastrophe - drought and famine
- and his masterful strategy for avoiding disaster by taking steps
while resources were still abundant.
- - -
David Ehrenfeld is a professor of Biology at Rutgers University. His
books include: The Arrogance of Humanism, Beginning Again: People and
Nature in the New Millennium, and most recently, Swimming Lessons:
Keeping Afloat in the Age of Technology. He lectures widely and has
written many magazine articles, including the former Orion column
Raritan Letter.
* * *
For interviews or press information, contact David Whitman at
pr...@orionsociety.org.
Copyright 2003 The Orion Society.
# # #
Jeffrey L. Brown, Executive Director
Global Learning, Inc.
400 Union Ave
Brielle NJ 08730-1820
Tel: 732-528-0016
Fax: 732-528-1027
Email: globall...@worldnet.att.net
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
DEP INCENTIVE TO SELF-DISCLOSE ENVIRONMENTAL VIOLATIONS
Date: 20 Aug 2003
From: "depnews depnews" {dep...@dep.state.nj.us}
DEP COMMISSIONER CAMPBELL PROPOSES NEW INCENTIVES TO ENCOURAGE
BUSINESSES TO SELF-DISCLOSE ENVIRONMENTAL VIOLATIONS
August 20, 2003
Trenton - To encourage companies to take a proactive role and achieve
greater environmental compliance, New Jersey Department of
Environmental Protection (DEP) Commissioner Bradley M. Campbell
proposed a new rule that provides businesses financial incentive to
voluntarily discover, promptly correct, and report environmental
violations.
"These incentives to self report violations encourage the early
detection and prompt correction of environmental problems that may
otherwise languish until a scheduled inspection," said Commissioner
Campbell. "Facilities that self report and, more importantly, self
correct violations will not face as harsh of penalties as those
facilities who wait for the department to find an environmental
problem."
Under the newly proposed self-disclosure rules, new standards are
established to reduce penalties for violations of environmental laws
that a business voluntarily discovers, reports and immediately
addresses. The penalty reduction incentives supplement, but do not
replace, existing enforcement strategies to achieve environmental
compliance.
As part of the rule, businesses are eligible for a 100 percent
penalty waiver for self-disclosed minor environmental violations that
pose a minimal risk to public health, safety and natural resources and
a 75 percent penalty reduction for self-reported moderate violations
that are more serious but do not cause serious harm to public health
or the environment. Minor violations include administrative and
certain paperwork requirements. Small businesses are eligible for 100
percent reduction for both minor and moderate violations.
"Our goal is to increase the number of regulated businesses that take
a proactive role in identifying environmental violations," added
Commissioner Campbell. "Simply put, the self-disclosure rule
recognizes and rewards compliance efforts by proactive,
environmentally conscientious facilities."
Once the self disclosure rule is enacted, businesses will be able to
fill out a simple form on DEP's website to quickly and easily report
the results of their own examinations of their facilities.
The proposed rules contain safeguards to ensure that violations that
have caused serious harm to the environment or the public or that
involved a pattern of inappropriate conduct on the part of corporate
officials will not be eligible for penalty reductions. In order to
achieve the self-disclosure incentives a business must:
Voluntarily discover and disclose the violation independently of a
government agency - if the DEP finds a violation during an inspection
it can not be self-disclosed;
Disclose a violation within 21 days of its detection; and Promptly
correct the violation.
Repeat violations do not qualify for self-disclosure incentives.
The DEP's proposed self-disclosure rule is consistent with the
principles outlined in the federal Environmental Protection Agency's
(EPA) incentive program adopted in 1995 and revised in 2000. After EPA
adopted its self-disclosure policy, the number of companies disclosing
actual or potential violations increased from 670 companies to more
than 2,700 facilities over a four-year period.
The DEP's self-disclosure rule proposal was published in the August
18, 2003 issue of the New Jersey Register and can be accessed at:
http://www.state.nj.us/dep/enforcement. A public hearing is scheduled
for Monday, September 29 at 10 a.m. in the DEP's public hearing room
in Trenton.
The written public comment period is 60 days. Comments should be
submitted by October 17, 2003, to:
Attn: Alice Previte, Esq.
DEP Docket No. 15-03-0 7/379
Office of Legal Affairs, NJ Department of Environmental Protection
PO Box 402
Trenton, NJ 08625-0402
* * *
Contact: Amy Cradic (609) 984-1795
NJ Department of Environmental Protection
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
KUDOS FOR GLOUCESTER COUNTY BROWNFIELDS EFFORTS
Date: 20 Aug 2003
From: "Peter Montague" {Pe...@rachel.org}
STATE HOLDS MEETING IN GLASSBORO;
TOWNS WORKING ON PLANS TO REDEVELOP SITES
By Gene Vernacchio, Courier-Post, August 20, 2003
State officials on Tuesday praised ambitious efforts in Gloucester
County to breathe new life into contaminated and dormant industrial
sites and making them tax-producing properties.
The New Jersey Brownfields Redevelopment Task Force held its
bimonthly meeting in borough hall, then took a bus tour to see how
local officials are trying to revitalize brownfields sites.
"The county has an incredible model for how to tackle a major problem
that will benefit the people," said task force member Frances Hoffman.
Brownfields are vacant or deteriorating commercial and industrial
facilities that have redevelopment potential.
County officials have identified 300 potential brownfield sites
within their borders. The sites range from abandoned gas stations to a
sprawling former DuPont facility in Greenwich.
The county has hired an environmental engineer, a redevelopment
attorney and redevelopment planner to assist municipalities with
projects.
Maggie Miners Smith, director of the county's office of business and
economic development, said she hopes the meeting with task force
members will help jump-start many projects in the county.
"I know of four developers who've been (in Glassboro) over the past
two weeks to look at sites," Smith said. She also cited brownfields
success stories, including the new Woodbury Mews senior citizen
housing complex, built on the site of the former G.G. Green factory,
and the sprawling RiverWinds complex in West Deptford, which is built
on former river dredge spoils.
Woolwich Mayor Joe Chila approached the task force asking for
possible assistance in the municipality's attempts to acquire a former
cannery adjacent to existing recreational fields.
Sam Leone, Glassboro's economic development coordinator, presented
the task force with an overview of the borough's identified
brownfields sites.
They include a former gas station at High and Main streets, a
radiator shop on College Avenue, an auto business on South Main
Street, a former sewing factory on North Main Street, and two 7-acre
industrial sites on Delsea Drive - a former ice house and warehouse
and the adjacent A-Z Maintenance site.
Work is progressing at the A-Z Maintenance site, said Anthony Cino,
owner of MNOP Inc., a Pennsylvania firm that specializes in the
redevelopment of industrial sites.
The facility, which dates to the 1950s, originally was a vinegar
plant. The property was severely neglected the past 15 years, said
Cino, who took control of the site from borough authorities earlier
this year.
MNOP recently did work to the roof, as well as the alarm, electrical
and heating systems. It also has carted off 100 containers of refuse.
MNOP plans to turn its attention to the facade and sections of the
facility fronting Delsea Drive.
The facility currently houses Hi-Per Tech Brake Products and a
sprinkler firm. There are prospects for other tenants as well, Cino
said.
Cino also said his firm has a bid pending with the borough to
redevelop the adjacent ice factory. He said he envisions new flex
warehouse space on that site.
"This work definitely shows that these sites can be turned into
success stories," Leone said.
* * *
Reach Reach Gene Vernacchio at (856) 251-3343 or
gvern...@courierpostonline.com
Copyright 2003 Courier-Post.
# # #
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
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
ESTUARY AND HABITAT RESTORATION FUNDING
Date: 20 Aug 2003
From: "Tim Dillingham" {tim...@netlabs.net}
Dear Friends of the Coast and Coastal Habitat:
During this spring's Congressional House appropriation deliberations,
the National Oceanic and Atmospheric Administration's (NOAA) funding
was severely cut - down $116M from FY03 and $264M below the
President's Budget Request. This decrease extended to NOAA's
Restoration Center, which funds critical estuarine habitat restoration
activities such as the Damage Assessment and Restoration Program and
the Community-Based Restoration Program (CBRP).
This program has been wildly successful. Over the past 3 years, it
has funded over 600 projects that have promoted grassroots efforts in
restoring habitat in 25 states. Local and state partners provide a
match that is typically greater than 1:1, resulting in an excellent
return on the federal investment. As you all know, estuaries are a
critical component of our nation's environmental and economic well-
being. They provide essential habitat for 80% of the country's fish
and shellfish species. In addition to this role as habitat, estuaries
also filter pollution, and help buffer inland areas from flood waters.
Estuaries also play a large role in our nation's economy. Coastal
industries supply 28 million jobs and generate billions of dollars
annually. A fully-functioning estuary means a vibrant community, both
on land and in the water. We must work now to restore those areas that
are struggling, because delaying action will only worsen ongoing
problems. Scores of restoration projects are underway, with many more
waiting the wings. The willingness, infrastructure, and knowledge are
available-only the money is not.
In FY03, the appropriators provided roughly $13M. In FY04, the
President's Budget Request for the base alone was $13.159, but the
current House recommendation stands at $10.376M. This decrease in
funding is critically low and will undoubtedly result in decreased
funding for on-the-ground projects.
The "good news" is that the Senate has yet to take up the bill - it
will act in September. Attached are a one page fact sheet about this
issue, as well as a sign on letter that is being circulated to the
environmental, fishing and grassroots communities throughout the
nation. I would encourage you to consider signing your group or
organization on in support of the effort to restore this funding
critical to community based estuarine habitat restoration.
Please contact Suzanne Giles at Restore America's Estuaries at
suzann...@estuaries.org to sign on.
- - -
FACT SHEET
COASTAL FUNDING CUT IN FY04:
COMMUNITY-BASED RESTORATION PROGRAM RECEIVES 40% LESS THAN IN FY03
Coastal and estuarine areas play a critical role in our nation's
history, culture, and environmental and economic well-being, yet they
are in failing health. Estuaries provide critical fisheries and
wildlife habitat, filter pollution, and help buffer inland areas from
flood waters. Coastal industries supply 28 million jobs and generate
billions of dollars annually. A fully-functioning estuary means a
vibrant community, both on land and in the water. Scores of coastal
and estuarine restoration projects are underway, with many more
waiting in the wings. Members of Congress have the opportunity to be
leaders in saving our nation's coasts and estuaries by ensuring that
on-the-ground restoration continues to be funded. The willingness,
infrastructure, and knowledge are available-only the money is not.
Coastal communities around the country are working to improve and
restore their estuaries through programs at the Restoration Center,
which is housed in the National Marine Fisheries Service (NMFS) at the
National Oceanic and Atmospheric Administration (NOAA). Programs
within the Restoration Center are funded through the "Fisheries
Habitat Restoration" line item within the NMFS appropriations-
including the Community-Based Restoration Program (CRP). The CRP alone
has funded over 700 on-the-ground restoration efforts in 26 states.
Examples include West Henniker Dam Removal (NH), Tampa Bay Oyster
Restoration (FL), Little Susitna River Restoration (AK), Duwamish
Estuary Restoration Project (WA), Goose Island Restoration (TX),
Kiawah Island Restoration (SC), Limahuli Stream Restoration (HI), San
Francisco Bay Native Oyster Project (CA), Nanticoke River Oyster
Project (MD), and many others. The House recently cut funding for this
program by an astounding 40%, directly and adversely impacting the
substantial, effective restoration efforts taking place around the
country.
It is critical that funding for the CRP remain secure and
independent. We ask that the Senate during action on the FY04 CJS
appropriations bill-and, conference, both Chambers-take the following
actions:
- Fully fund the CRP at $13.159 million, the same as requested in the
FY04 President's budget. The House only provided $7.876 million for
FY04-a 40% reduction from the amount appropriated last year.
- Provide a separate line-item for the CRP within the NMFS
appropriations, as opposed to rolling it up within the "Fisheries
Habitat Restoration" line item, to help ensure that on-the- ground
efforts are not as vulnerable to year-to-year negotiations.
- - -
SAMPLE LETTER
August XXX, 2003
The Honorable Judd Gregg, Chairman
The Honorable Ernest Hollings, Ranking Member
Appropriations Subcommittee on Commerce, Justice, State, and the
Judiciary
Washington, DC 20515
Dear Gentlemen,
The undersigned [XX] environmental, community, and religious groups,
representing hundreds of thousands of members, ask you to support
FY2004 appropriations for the Community-Based Restoration Program.
Housed within the National Oceanic and Atmospheric Administration's
Restoration Center, this program funds on-the-ground habitat
restoration in our nation's critical coastal and estuarine areas. The
House recommendation of $7.876 million is 40% below the FY03 enacted
level and falls fall short of the Administration's request of $13.159
million. We respectfully request that the Senate adopt the
Administration's funding level.
This program has been wildly successful. Since its inception, it has
funded over 700 projects that have promoted grassroots efforts in
restoring habitat in 26 states. The demand for restoration has been
steadily increasing, with $15 million worth of projects going unfunded
in 2003 alone. The return on federal investment is excellent-local and
state partners typically match the federal dollars at a rate greater
than 1:1.
Estuaries are a critical component of our nation's environmental and
economic well-being. They provide essential habitat for 80% of the
country's fish and shellfish species. In the Gulf of Mexico, this rate
is even higher, where 98% of the commercial-important species are
estuarine-dependent. In addition to this role as habitat, estuaries
also filter pollution, and help buffer inland areas from flood waters.
Estuaries also play a large role in our nation's economy. Coastal
industries supply 28 million jobs and generate billions of dollars
annually. A fully-functioning estuary means a vibrant community, both
on land and in the water. We must work now to restore those areas that
are struggling, because delaying action will only worsen the problem.
Scores of restoration projects are underway, with many more waiting
the wings. The willingness, infrastructure, and knowledge are
available-only the money is not.
In an effort to restore estuaries around the country and reap the
economic and environmental benefits, we again ask you to support
estuary restoration in the FY 2004 appropriations by ensuring that
$13.159 million is appropriated for the Community-Based Restoration
Program in the CJS appropriations.
Sincerely,
[your name & address]
* * *
Tim Dillingham
American Littoral Society
Building 18, Sandy Hook
Highlands, NJ 07732
732-291-0055
732-291-3551(f)
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
SLOW PROGRESS SAVING MORDECAI ISLAND
Date: 20 Aug 2003
From: "Peter Montague" {Pe...@rachel.org}
MORDECAI ISLAND PROJECT PROCEEDING, BUT SLOWER THAN PLANNED
By Mike Jaccarino, Staff Writer, (609) 978-2010
Press of Atlantic City, August 20, 2003
Beach Haven - Persistent delays defined the preceding year for a
group of activists determined to save the fast-eroding Mordecai
Island, a Barnegat Bay sedge island.
By now, the Mordecai Island Land Trust, as the group is called, had
hoped to start construction to save Mordecai Island.
Instead, the group made little tangible progress and Barnegat Bay's
shifting tides continue to nibble Mordecai Island's edges.
Still, William S. Pilling, the group's president, spoke defiantly of
2003's setbacks.
"No, I don't find (the last year) disappointing," he declared. "I
don't know if December 2003 was ever realistic."
An 18th century Quaker named Andrew Mordecai first owned Mordecai
Island, according to local lore.
Now, 67-acre Mordecai Island protects the Little Egg Harbor Yacht
Club. Without it, Barnegat Bay waves would crash into the club's
boats.
In the 1990s, club members realized Mordecai Island was slowly
eroding. They began a crusade to rescue it from the punishment of the
bay waves.
The land trust held its 2003 meeting Sunday at the Pelham Avenue
Coast Guard post. There, about 90 people heard the prior year's
results.
Membership grew from 150 to 260 people in 14 states. Summer fund-
raising earned $15,000. The trust's total is now $70,000.
There was a March meeting with the Army Corps of Engineers. In May,
trust officials and representatives from the corps, the state
Department of Environmental Protection, the U.S. Fish and Wildlife
Service and the National Oceanic and Atmospheric Administration toured
Mordecai Island.
A Richard Stockton College of New Jersey coastal research professor
also was hired to study the island and develop conservation plans.
Little progress came on the trust's major goals.
The corps' 2002 timetable was as follows: April 2003, a conservation
plan; June, construction approval; August, notice to contractors;
September, contract award; December, construction completed, Mordecai
Island saved.
Federal funding derailed the schedule, said Pilling. "There was no
money. Also, planning is taking more time."
Moreover, the corps has not reset the timetable, though December 2004
is an informal completion target.
Good news exists on the money end. The corps promised 75 percent of
$1.3 million tab. That leaves $275,000. The DEP will pay $200,000,
Pilling said, when the corps finishes the plan. The trust has
fulfilled its $75,000 obligation. However, government funding can
always shift, Pilling said.
Perhaps the most important setbacks came on the environmental end.
Mordecai Island continues to gradually erode. In 1999, the trust
placed 96 stakes around Mordecai Island's borders. Since November,
trust members recorded 12 inches of erosion in 27 of those places. In
the worst spots, 62 inches vanished.
Still, Pilling is confident the trust will win its sprint with
erosion. It's a precarious wager, of course, to side with the speed of
one monolith, the federal government, over another, Mother Nature.
Hopefully Uncle Sam will emerge first in the end.
* * *
To email Mike Jaccarino at The Press:
MJacc...@pressofac.com
# # #
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
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
SANDY HOOK BAY RE-OPENS TO SHELLFISHING
Date: 20 Aug 2003
From: "depnews depnews" {dep...@dep.state.nj.us}
Aug. 20, 2003
Trenton - The Department of Environmental Protection (DEP) today
lifted a temporary closure of shellfish beds in much of Sandy Hook Bay
after water sampling results showed the effect of last week's sewage
spill is abating.
Marine water tests conducted every day since Saturday reveal only a
third of the harvestable shellfish beds in Sandy Hook and Raritan bays
were affected by the spill. The re-opened shellfish beds consistently
showed acceptable water quality samples, but were closed as a public
health precaution in case the tainted water spread.
DEP Deputy Commissioner Joanna Samson ordered a portion of the
shellfish beds in Sandy Hook Bay re-opened in areas that never tested
above the shellfish harvesting standard for fecal coliform.
Shellfishing on the re-opened beds will resume Thursday morning.
Shellfish beds in Raritan Bay and a portion of Sandy Hook Bay remain
closed pending the results of further water sampling. Additional areas
could be re-opened within the next week. Shellfish beds that exceeded
fecal coliform standards will remain closed for several weeks to give
the shellfish time to purge themselves of contaminants.
About 25,000 acres of shellfish beds in Raritan and Sandy Hook bays
were closed Sunday after widespread power outages last week allowed
about 500 million gallons of raw sewage from New York City to bypass
some treatment facilities. About 2 million gallons bypassed a
treatment plant in Newark.
* * *
Contact: Jack Kaskey, 609-984-1795
NJ Department of Environmental Protection
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
NEEDLES, WASTE WASH ASHORE
Date: 030820
From: http://www.app.com/
By Michelle Maskaly, Ocean County Observer, 08/20/03
Household waste, including syringes, washed up on private beaches
yesterday morning, and a garbage slick was seen off the shores of
Lavallette - prompting beach closures from Deauville Drive in Brick
Township down to Ortley Beach in Dover Township, officials said.
"There were mandatory closings from Normandy Beach north to Brick at
10:40 (a.m.) and then voluntary closures south until 5 p.m when more
items washed up and they (Lavallette and Ortley Beach) became closed,"
said Dover Township Police Lt. Mitch Little.
A summer employee of the Normandy Beach Association notified police
about the waste yesterday morning near 4th Avenue and Ocean Terrace in
Normandy Beach, Little said.
The needles are believed to be from home diabetic usage and not
medical waste, Little said.
According to Little waste has been effecting areas up and down the
coast spanning as far down as the Atlantic City area.
Although it is not clear where the waste came from, Environmental
Health Coordinator for the Ocean County Health Department Robert
Ingenito said the waste may have something to do with the wide-spread
power outage that effected a majority of the Northeast last week.
Ingenito said officials from the Ocean County Health Department would
be testing the waters early this morning to determine if they could be
opened.
Department of Environmental Protection spokesperson Elaine Makatura
confirmed there were about 40 syringes found on the beaches.
"We will work with the county health department to determine exactly
what is there," Makatura said.
The DEP was expected to be supervising this morning's beach clean up,
Dover Township police officials said.
There were officers patroling the beach throughout the night to
prevent anyone from going onto the beaches or in the water, Little
said.
Washed up material was collected by the police and taken into
evidence, Little said, adding if residents collected any waste they
should turn it in to their local police department.
James Dulong, who lives just north of the Deauville Beach in Brick
Township and is active with Clean Ocean Action, said a neighbor
brought him a chunk of an oil slick.
"It was whitish on the outside. I scraped it off with a stick and it
looked kind of a tan color," Dulong explained. "It is like a big thick
glob of grease. It's about 8 inches by 4 or 5 inches wide and about 2
inches thick."
Dulong said he went to the beach and saw "a lot of general
garbage...trash you would see in your garbage can."
"We are concerned about the water quality because that's why we are
here," Dulong said. "We use the beach and I go fishing. It makes me
wonder what's in the fish I catch, so I don't eat the fish. I just
throw them back once I started learning what is in the water."
* * *
Copyright (c) 1997-2003 IN Jersey.
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
PLAN SEEN AS THREAT TO FURNACES
Date: 030820
From: http://www.nj.com/
By Paula Saha, Star-Ledger, August 20, 2003
At the base of the Splitrock Reservoir, where water gently spills
onto rocks and spongy earth, stand two stone structures that date back
to the Civil War.
The well-preserved charcoal- burning furnace and roaster were used in
iron production for just a few short years in the 1860s. Then,
changing economic conditions and evolving production technology put
their fires out for good.
Today, these relics are listed on the national and state historic
registers. But local historians and township officials fear the
furnaces may be in danger.
The reason lies just a few hundred yards away, in a flat expanse of
wilderness that is slated to become a 25-space parking lot.
For decades, Splitrock Reservoir had been closed to the public. But
in 1996, the state paid Jersey City $1.5 million for a conservation
easement to the 1,516 acres surrounding the 625-acre reservoir. The
easement lets the state open the area for fishing, and build a parking
lot. Sport fishermen from around the state are eagerly awaiting the
opportunity to explore those waters.
But in Rockaway Township and surrounding municipalities, the plan has
been controversial. Town officials, neighbors and environmentalists
have all expressed concerns about security and water quality.
The historical concerns are another issue, said Dave Bogert, special
projects coordinator and past president of the Historical Society of
the Rockaways. He said he and his colleagues are not against public
fishing.
"What we have a problem with is putting a parking lot on a national
register site," he said.
Bogert said he believes there are better locations for the parking
lot than the one that sits near the stone furnaces. Bogert and other
town officials also doubt the state did the appropriate reviews for
building the parking lot where it is planned now.
Significant vandalism has already marred the site. The roaster, a
smaller structure once used to break down the ore before it went into
the furnace for smelting, has lost about one-third its height in the
front. The stones that once sat atop it have, with the aid of kids who
climb the furnaces, toppled to the ground in the last few years, he
said.
The Morris County Trust for Historic Preservation put the Splitrock
furnaces on their 2003 list of the county's 10 most endangered
historic sites.
But state Department of Environmental Protection spokesman Jack
Kaskey says two archaeologists have surveyed the property and
determined the state's plans do not constitute an encroachment on the
historical sites.
According to the letter sent in June by the historic preservation
office to the director of the New Jersey Division of Fish and
Wildlife, "construction of this parking lot will not physically
destroy, damage or alter any contributing elements of the Splitrock
Furnace site."
The letter goes on to say that assessing "possible indirect adverse
effects to the stone ruins and archeological deposits resulting from
increased visitation facilitated by public parking were more complex."
Nevertheless, according to the letter, the historic preservation
office staff believes "that an increased legal public presence on the
historic site, in conjunction with protective and interpretive signage
and increased law enforcement patrols, will result in a decrease in
vandalism to the historic site."
Both Bogert and Rockaway Township Mayor Louis Sceusi scoff at that
suggestion.
"This is silliness," Sceusi said, adding that boaters would not even
be able to see the furnaces when they were on the reservoir.
Sceusi said he has approached Sen. Jon Corzine (D-NJ) about making
sure the furnaces are protected and that all federal guidelines have
been met. Sceusi even took Corzine up to the reservoir and gave him a
tour of the area, and sent him a follow-up letter. He has not yet
heard back from the senator, he said.
Both Sceusi and Bogert question how either the state historic
preservation office or the Division of Fish and Wildlife can offer an
unbiased opinion when both fall under the state Department of
Environmental Protection.
When asked about that, Kaskey said, "I can see why that concern would
be, but that's the way the government is set up. There's not an
alternative process."
Bogert believes the state's study was too focused. "One of the things
they're supposed to look at is the historical landscape," he said.
Bogert said the area around the proposed parking lot has signs of
archeological life, from a chimney that rises from the ground to
foundation holes in several locations.
Bogert, a contractor for historic homes and a longtime Boy Scout
leader who has been hiking in these woods since the mid-'70s, can
visualize how the whole iron operation came together in Rockaway
Township. He can recite the chemical compounds that were used and
point out the glassy rocks embedded in the woods, byproducts of the
industry that ended more than a century ago.
"Because of the importance of the iron industry in Morris County, and
because this is the last charcoal furnace built in the state, it's
extremely important that we save this site," Bogert said. "We can give
an idea to people what the iron industry was like."
* * *
Copyright 2003 The Star-Ledger.
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
FREEHOLDERS CLEAR LEASE OF NATIRAR SITE
Date: 030820
From: http://www.nj.com/
40-ROOM MANSION TO BE RENOVATED AND TURNED INTO A SPA FOR BIG SPENDERS
By Dina Guirguis, Star-Ledger, August 20, 2003
After a brief discussion, the Somerset County freeholders voted
unanimously last night to adopt a resolution that would allow the
county to lease out 80 acres of the recently purchased Natirar Mansion
in Peapack.
Peapack Mayor Vincent Girardy thanked the board for aggressively
seeking the purchase and finding a tenant.
"I'd like to commend you for your vision and your perseverance in
buying the property," Girardy said. "If you didn't preserve it for
open space, we would see another Somerset Hills development on the
land."
Girardy also raised some concerns about wording in the contract. He
had some reservations about allowing the tenant to use a Highland
Avenue entrance for deliveries and pickups. According to the mayor,
the road is frequently used for emergency vehicles, and residents
living on the street may object to heavy traffic on the road.
"It's the specific street with the specific use that makes me a
little uncomfortable," Girardy said about the reference in the
contract.
Somerville resident Tom Gillick also expressed some reservations
about the decision to bring a spa resort to the area.
"We should be able to enjoy everything you pay for," Gillick said. "I
just don't know how many people in Somerset County will benefit from
this castle."
Gillick was also concerned that an airport or heliport would be
necessary to the spa, but freeholders reassured him that there were no
plans for either structure.
According to County Counsel Thomas Miller, no date has been set yet
for the actual signing of the contract. After all the formalities are
worked out, the plan must still be approved by the Peapack- Gladstone
planning board.
The Natirar Mansion will be transformed into the Spa at Natirar by
British tycoon Richard Branson. It is hoped the transformation will
allow the county to recoup the entire $22 million, plus interest, it
spent to purchase the 491-acre estate that once belonged to King
Hassan II of Morocco, gain a new revenue source and preserve 411 acres
of open space, county officials said.
The little town of Peapack, which has jurisdiction over 327 acres
including the mansion, will likely get quadruple the $79,000 in
property taxes it currently receives once Natirar has been renovated
and reassessed, Girardy said.
Barring any long-term hiccups with Peapack-Gladstone, the lease would
take effect early in 2006, when the Virgin Spa is expected to be up
and running. The spa will pay the county nearly $26 million in its
first 30 years, according to projections.
To meet these projections, however, the spa would have to make more
than $8.5 million annually.
Investors, headed by Branson and Warren Township businessman Robert
Wojtowicz, intend to spend $35 million to $40 million restoring and
renovating the 40-room Tudor mansion and surrounding 80 acres,
according to Somerset County Director of Finance Brian Newman.
Accommodations will be similar to those at other Branson resorts,
where guests pay upward of $14,000 per night to be pampered.
And to bring them in would take some time, so the deal is structured
so that the Virgin Spa will still be able to meet its payments while
business picks up during the first few years, Newman said.
If the spa goes bust, county officials are optimistic they will find
another use for the grounds, and any improvements made will only add
to the estate's value.
Once the lease deal is complete, county officials will concentrate
their efforts on formulating specific uses for the remaining 411
acres, which might include everything from the old grist mill being
converted into a museum to turning some green acres into a spot for
concerts and other outdoor events.
* * *
Copyright 2003 NJ.com. All Rights Reserved.
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
SUSTAINABILITY INTERNSHIP AVAILABLE
Date: 20 Aug 2003
From: "Joy Hecht" {jhe...@njssi.net}
New Jersey Sustainable State Institute (NJSSI)
Full-time internship, September 1, 2003 - January 30, 2004
(longer if funding permits)
ABOUT THE INSTITUTE
NJSSI is a small non-profit organization working on sustainability
and related policy issues at the state level in New Jersey. We were
founded in June, 2002, and are based at the Bloustein School of
Planning and Public Policy, Rutgers University, New Brunswick NJ. For
more information about us, see our website, http://www.njssi.net.
DUTIES
The intern's responsibilities will include:
- Identifying speakers and handling logistics for our monthly seminar
series.
- Maintaining and updating the Institute's web-based calendar of
events.
- Organizing occasional field trips on sustainability-related issues.
- Organizing information about data sources for our indicators
report.
- Logistics for a one-day workshop to be run by the Institute in
January 2004.
- Other activities based on the skills and interests of the intern.
QUALIFICATIONS
Successful candidates should have:
- Bachelor's degree (or higher) in a field related to sustainability
(environment, natural sciences, policy, economics, etc.) or to
management and communications.
- At least one year of work experience demonstrating abilities to
communicate in a mature and poised fashion with people you didn't
know before, locate information on subjects with which you may not
yet be familiar, and carry out tasks reliably and efficiently.
- Excellent written and oral communications skills; candidates must
be able to communicate effectively and graciously in business
letters, email, and on the phone.
- Ability to organize information so it can be used easily by others.
- Good skills with spreadsheets and web searches.
- Strong interest in public policy, environment, and other
sustainability issues.
- Familiarity with New Jersey issues is an added benefit but not
required.
COMPENSATION
This position will pay $1000/month. This is an excellent position
from which to make extensive contacts in New Jersey non-profits and
government, and therefore can be a good stepping stone to other
policy-related work in the state.
TO APPLY
Email a resume and a letter explaining relevant experience, how you
meet the qualifications for this job, and how this position relates to
your career interests, to: Joy Hecht, Executive Director, NJSSI, at
jhe...@njssi.net. This position is available immediately; we hope to
fill it as soon as possible.
* * *
Dr. Joy E. Hecht, Executive Director
NJSSI: The New Jersey Sustainable State Institute
email: jhe...@njssi.net
web: http://www.njssi.net
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
HOW TECHNOLOGY CAN PUT THE `SMART' IN NJ'S GROWTH - OCT 20
Date: 20 Aug 2003
From: rwbr...@njcat.org
CALL FOR PAPERS AND PRESENTATIONS
New Jersey Corporation for Advanced Technology
Stevens Institute of Technology, Hoboken, New Jersey
October 20, 2003
SCOPE
This conference call for papers is open to environmental technology
vendors who live and/or work in New Jersey. The scope of briefing the
papers should focus on technology innovations/solutions in one of the
following areas: Stormwater Management Drinking Water Supply and
Protection Remediation and Brownfield's Redevelopment
SUBMISSION DETAILS
Accepted papers will appear in the conference book distributed to all
attendees and will also be accessible via http://www.njcatc.org.
Authors are not required to transfer copyrights to their papers,
however authors of accepted papers must sign and return Permission and
Release form to publish their papers in the proceedings. Twelve of the
papers will be selected for formal presentation at the conference.
This presentation must be no more than 10 minutes. The presentation
may also be available on the NJCAT website. We encourage authors to
submit concise papers of no more than 5 pages; however, papers up to 7
pages may be submitted. Over-length or incorrectly formatted
submissions may be rejected without reviews or notice to the author.
Final copies of accepted papers will be required in both PDF and XHTML
formats.
FORMAT
Please follow the following outline in preparing your submission:
1. Technology Description (e.g., innovation, uniqueness and
competitive advantage)
2. Technology Application (e.g., contaminant and site characteristics)
3. Technology Status (e.g., number of demonstrations, number of field
installations/remediations)
4. Laboratory Studies (e.g., performance data)
5. Field (Case) Studies (e.g., contaminant removal, schedule, costs)
IMPORTANT DATES
September 8 - Last Date for Submission of Paper
September 22 - Notification of Acceptance of Paper
September 29 - Last Date for Submission of Final/Camera Ready Paper
October 20 - NJCAT's How Technology Can Put the "Smart" in New
Jersey's Growth Conference
ADDITIONAL DETAILS REGARDING THE FORUM:
The Conference will take place on the campus of Stevens Institute of
Technology, Hoboken, NJ from 8:30am to 4:30 pm on October 20,2003 in
the Wesley J. Howe Center. In addition to the presentation of papers
and vendor exhibits, attendees will participate in working group
roundtables linking vendors and users of technology. The opening
plenary session will set the framework for the implementation of the
New Jersey's smart growth policy. At the conclusion of the day
speakers will provide information on available financing opportunities
for technology application and redevelopment projects.
Papers should be submitted to Rhea Weinberg Brekke, Executive
Director, NJCAT, at the New Jersey EcoComplex, 1200 Florence Columbus
Rd., Bordentown NJ, 08505. Copies should also be emailed to
RWBR...@NJCAT.ORG Please go to http://www.njcat.org for details
regarding the day's events and registration information.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Tina Bologna - Editor - bol...@gsenet.org
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
Back issues of the Garden State EnviroNews are available at
http://www.gsenet.org/library/11gsn/11gsn.php
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
Garden State EnviroNet, Inc.
19 Boonton Ave, Boonton NJ 07005
Tel: 973-394-1313 - Fax: 973-394-9513
mai...@gsenet.org - http://www.gsenet.org/
EnviroNews mailing lists:
TEXT - subscribe-en...@gselist.org
HTML - subscribe-en...@gselist.org