GARDEN STATE ENVIRONEWS 010820
Phil Reynolds
GARDEN STATE ENVIRONEWS
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TABLE OF CONTENTS
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<*> HOLMDEL OKS FUNDS FOR CHASE BUY
<*> ARSENIC CONTAMINATION AT HAMILTON MARKETPLACE SITE
<*> EPA: FEDERAL SUPERFUND SITE IN CARLSTADT
<*> PATERSON COMPANY FACES $186,000 EPA PENALTY
<*> WINDSOR-PLAINSBORO SCHOOL DISTRICT GETS TOP HONORS
<*> NJDEP LIBERTY PARK MEETING - AUG 25
<*> LIBERTY PARK INTERIOR PLANNING SUMMARY AND COMMENTS
<*> NEW LAW REQUIRES MORE WELL TESTING
<*> FINANCIAL WOES HALT CLEANUP AT PARSIPPANY LANDFILL
<*> MOBILIZING THE REGION #330
<*> NORTHEAST STATES' CLEAN AIR LAWSUITS IN JEOPARDY
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HOLMDEL OKS FUNDS FOR CHASE BUY
Date: 010820
From: "Dennis W. Schvejda" {dsch...@igc.org}
By Kristen Ostendorf, Middletown Bureau, Asbury Park Press, 8/20/01
Holmdel - The Township Committee has taken the final step toward its
$3.5 million commitment toward the purchase of the 416-acre Chase
tract.
A consortium of state, county, township and private partners have
pooled resources to buy the property from the banking giant for $19
million. About 190 acres will be preserved as farmland through a state
program, and the remaining land will be preserved as open space under
the county park system.
The Township Committee authorized at meeting last Monday borrowing up
to about $3.5 million through a low-interest state loan program.
However, township Chief Financial Officer Joseph Annecharico said part
of the township's commitment will also be paid for through a state
Green Acres open space preservation grant.
The county has also committed $2 million to the land, and the
Monmouth Conservation Foundation and Friends of Holmdel Open Space
have pledged $500,000. The partners and Chase closed on the deal in
June.
* * *
Copyright 1997-2001 INJersey
# # #
Dennis W. Schvejda, Conservation Chair
New Jersey Chapter Sierra Club
Web: http://sierraactivist.org
Join our Action Network & receive alerts:
http://www.actionnetwork.org/add.tcl?domain=SierraClubNJ
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ARSENIC CONTAMINATION AT HAMILTON MARKETPLACE SITE
Date: 20 Aug 2001
From: ECPFE...@aol.com
PRESS RELEASE NEVER PRINTED BY TRENTON TIMES
I'm enclosing this press release because to date word has not gotten
out about the risk to the public's health and safety from on-going
excavation and soil removal at the site where the Hamilton Marketplace
is being constructed in Hamilton Township in Mercer County, NJ. And
that we called for a stop work order. This press release was sent into
the Trenton Times on Aug. 7 and still has not been printed. Word has
not gotten out that there is no MOA between the DEP and the developer
JDN development company. Nor has it been printed that there is a
consensus among our organizations that any MOA should be a binding,
effective agreement to protect the public from the high levels of
arsenic found at the site.
Thanks,
Ed Pfeiffer
Spokesperson for RAID 609-581-1660
* * *
ACTIVIST ORGANIZATIONS SEEK STOP WORK ORDER AT HAMILTON ARSENIC SITE
Aug. 9, 2001
R.A.I.D., Project Neighbor, the Sierra Club, and the New Jersey
Environmental Federation urgently call on the Department of
Environmental Protection or Hamilton Township to issue a stop work
order to avoid additional exposure to the public at large from the
excessive levels of arsenic found in the contaminated soils at the
site.
"We're calling for the implementation of a satisfactory, effective,
binding plan for the oversight by a truly impartial third party here
for the removal and management of arsenic contaminated soils," said Ed
Pfeiffer spokesperson for R.A.I.D. "Frankly, I have the impression
that all this talk and no action is just a delaying tactic."
To summarize, here's what is needed:
No more delays. Excavation has already been under way for almost
three weeks and clouds of dust have been kicked up by construction
machinery - putting the surrounding neighborhoods, construction
workers, and the general public at immediate risk from this toxic
residue.
More thorough sampling done to accurately delineate the extent of the
pesticide residue. The chemical profile from the first report clearly
indicates that the excessive concentrations of arsenic found at this
site are from pesticide applications and are therefore not naturally
occurring. JDN should provide an effective mitigation that protects
the public from this carcinogen - including an environmental health
and safety plan that meets the standards set by OSHA to protect the
workers. We have no indication that any of this has been done to date.
Any Memorandum of Agreement(MOA) should, in reality, include the
strictest and most forceful oversight by DEP with rigorous adherence
to the standards developed by the Historic Pesticide Task Force in
order to insure the public's health and safety.
Because of our difficulty in discovering what the proposed conditions
of the MOA are, "We also believe that negotiations for an MOA should
be conducted in the open - available to public input and scrutiny,"
said Bonnie Tillery of the Sierra Club. "If an effective, rigorous,
and binding agreement cannot be reached voluntarily and in posthaste
then we also call on the DEP to issue a Spill Act Directive to enforce
mandatory adherence to these standards. We will continue our petition
drive with this objective in mind."
- - -
For details contact spokesperson for RAID:
Ed Pfeiffer
Phone No. (609) 581-16604
Halley Drive
Robbinsville, NJ
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EPA: FEDERAL SUPERFUND SITE IN CARLSTADT
Date: 20 Aug 2001
From: Delly...@epamail.epa.gov
EPA PROPOSES PERMANENT REMEDY FOR
FEDERAL SUPERFUND SITE IN CARLSTADT
AGENCY SEEKS PUBLIC INPUT ON CLEANUP PLAN
August 20, 2001
New York, N.Y. - A cleanup plan proposed by the U.S. Environmental
Protection Agency (EPA) for a vacant 6-acre hazardous waste site on
Paterson Plank Road in Carlstadt, New Jersey would permanently protect
public health and the environment and allow the property to be reused
for commercial purposes. The Scientific Chemical Processing (SCP)
federal Superfund site once housed an industrial waste handling,
treatment and disposal facility. The operations contaminated the
sediments and waters of Peach Island Creek and on-site soil, sludge
and local ground water with a mix of contaminants, including volatile
organic chemicals, and PCBs. The state of New Jersey shut the site
down in 1980. EPA's Proposed Plan calls for the treatment of an area
of contaminated sludge on the site using air stripping, followed by
solidification and stabilization of the treated material to prevent
contaminants from leaching out of it. The plan builds on measures
already taken to address threats from the site. EPA is taking public
comments on its Proposed Plan and will hold a public meeting on August
23, 2001.
"We've made good progress in cleaning up this site," said William J.
Muszynski, Acting EPA Regional Administrator. "The immediate threats
have been removed and the remaining contamination is being effectively
contained. Now, we are moving to improve and make the protections
permanent".
In 1992, EPA covered portions of the site with a temporary plastic
cover and surrounded it with an underground impermeable barrier to
prevent contamination from spreading off the site. The plan proposed
today would replace the existing cap with a multi-layered permanent
cap. It also improves the current collection system for contaminated
ground water by placing the collection pipes underground where they
are less vulnerable to damage. In addition, a sheet metal cutoff wall
installed between the impermeable barrier and the Peach Island Creek
will be improved to protect and ensure the long-term integrity of the
barrier. The Proposed Plan includes long-term monitoring to measure
its continued effectiveness. The proposed remedial action would cost
approximately $7.5 million, and construction of the remedy would take
about one year to complete once designed.
EPA supervised the privately-financed interim action that included
the removal of tanks and drums containing hazardous wastes,
installation of a dewatering system and construction of the site cap
and cutoff wall, which was completed under the terms of a Superfund
enforcement order.
The Agency is also conducting an expanded investigation of ground
water contamination related to the Superfund site. This contamination
is not impacting any drinking water supplies in the area. EPA will use
the results of this investigation to determine if any further action
is necessary to treat contamination in the ground water.
EPA will hold a public meeting to discuss its proposed plan on August
23, 2001 at the Carlstadt Borough Hall, 500 Madison St., Carlstadt,
NJ. The public comment period on EPA's plan ends September 15, 2001.
The plan and site-related documents are available for public review at
the William E. Dermody Free Public Library, 420 Hackensack St.,
Carlstadt, NJ. Written comments can be submitted to Jon Gorin, Project
Manager, at U.S. EPA, 290 Broadway, 19th floor, New York, New York
10007 or by e-mailing gorin.j...@epa.gov.
* * *
Rich Cahill, 212-637-3666
U.S. Environmental Protection Agency - Region 2
New Jersey, New York, Puerto Rico and the U.S. Virgin Islands
290 Broadway - New York, New York 10007-1866
http://www.epa.gov/region2
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PATERSON COMPANY FACES $186,000 EPA PENALTY
Date: 20 Aug 2001
From: Delly...@epamail.epa.gov
PATERSON COMPANY FACES $186,000 EPA PENALTY FOR IMPROPERLY
DISPOSING OF LEAD-CONTAMINATED SOIL FROM SHOOTING RANGE
August 17, 2001
New York, N.Y. - The U.S. Environmental Protection Agency (EPA) has
charged Paterson, New Jersey-based Betal Environmental Corporation
with improperly disposing of a 20-ton pile of lead-contaminated soil
on its property at 250 Vreeland Avenue. Betal was hired to remove the
soil from a Bergen County-owned shooting range, at which years of
accumulated lead bullets exposed to the elements caused the
contamination. Betal brought the 20-ton pile of lead-contaminated soil
back to its Paterson facility and illegally stored it outside on the
ground for over seven months. No attempt was made to recycle the lead.
Paterson Public School 20 is located next door to the Betal facility,
and EPA was concerned that children might gain access to and play in
the pile of hazardous waste. EPA has charged Betal with three counts
of violating the Resource Conservation and Recovery Act, the federal
hazardous waste law, and is seeking a penalty of $186,800.
"A company doing business in the environmental field should know
better than to leave a large quantity of lead- contaminated soil
outdoors without protection," said William J. Muszynski, EPA Acting
Regional Administrator. "Lead is one of our nation's most serious
environmental health threats to children. The company failed to follow
the law for the safe and proper management of this material and
apparently failed to consider the well-being of the environment and
its young neighbors."
EPA first inspected the Betal Environmental facility in September
2000 after receiving an anonymous tip that hazardous waste was being
stored there improperly. Inspectors found an eight foot high and
twenty foot long lead bullet-contaminated soil pile in a back lot
behind Betal's office building. EPA took samples of the soil and found
that it was indeed hazardous waste due to its lead content. Betal
Environmental has been charged with storing hazardous waste for
approximately 217 days without a permit and without proper containers,
and with transporting hazardous waste from the Bergen County shooting
range to Paterson without a required hazardous waste manifest. EPA
also charged the company with failing to follow federal and state
requirements that facilities storing hazardous waste make every
attempt to minimize the possibility of unplanned releases of hazardous
waste. Betal's storage of the contaminated soil directly on the
ground, uncovered and exposed to the elements, increased the
possibility of a release of the contaminants into the environment by
wind and water. After EPA's inspection, Betal properly removed the
pile to a permitted hazardous waste disposal facility.
EPA encourages shooting ranges to reclaim and recycle lead shot on
their property before it must be disposed of as hazardous waste. A
free copy of EPA's new manual, "Best Practices for Lead at Outdoor
Shooting Ranges," can be obtained by calling (212) 637-4145. The
manual is also available on EPA Region 2's website at
http://www.epa.gov/region2/waste/leadshot/.
In addition to seeking a financial penalty, EPA has ordered Betal to
demonstrate that it has removed any visible remaining contamination
from the soil pile, and to submit a plan to the agency for how it
intends to maintain future compliance with RCRA hazardous waste
management regulations.
Betal Environmental Corporation has responded to EPA's complaint and
order, denying the allegations.
* * *
Nina Habib Spencer, (212) 637-3670
U.S. Environmental Protection Agency - Region 2
New Jersey, New York, Puerto Rico and the U.S. Virgin Islands
290 Broadway - New York, New York 10007-1866
http://www.epa.gov/region2
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WINDSOR-PLAINSBORO SCHOOL DISTRICT GETS TOP HONORS
Date: 20 Aug 2001
From: Delly...@epamail.epa.gov
DISTRICT GETS HIGH PRAISE FOR CLEANING INDOOR AIR
August 20, 2001
New York, New York - Robert Austin, Director of Facilities at the
West Windsor-Plainsboro School District and Lisa Rizziello, a teacher
and Indoor Air Quality Coordinator, both earned an "A plus" from the
U.S. Environmental Protection Agency (EPA) for their commitment to
ensuring that the learning environment in their schools is safe and
healthy. The district became one of the first in the nation to adopt
EPA's "Indoor Air Quality Tools for Schools" program and is one of
only ten to receive national recognition the IAQ Tools for Schools
Excellence Award.
"West Windsor-Plainsboro district should serve as a model for
others," said William J. Muszynski, Acting EPA Regional Administrator.
"This district took the time to look closely at its schools and make
changes, such as buying less toxic cleaning products that really do
make a difference."
West Windsor-Plainsboro schools now have an effective management
program in place to address indoor environmental quality issues such
as proper maintenance of climate-control equipment, asthma triggers
management, green cleaning product selection, integrated pest
management and energy efficiency.
For more information about the Indoor Air Quality Tools for Schools
Program, go to EPA's website at
http://www.epa.gov/iaq/schools/index.html or call EPA's Indoor Air
Hotline at 800- 438-4318. For more information about asthma and its
triggers go to http://www.epa.gov/iaq/asthma/index.html.
* * *
Mary Mears, 212-637-3669
U.S. Environmental Protection Agency - Region 2
New Jersey, New York, Puerto Rico and the U.S. Virgin Islands
290 Broadway - New York, New York 10007-1866
http://www.epa.gov/region2
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NJDEP LIBERTY PARK MEETING - AUG 25
Date: 010820
From: http://www.state.nj.us/dep/
DEP SCHEDULES PUBLIC MEETING ON FUTURE
DEVELOPMENT OF LIBERTY STATE PARK
8/17/01
The state Department of Environmental Protection's Division of Parks
and Forestry is hosting a public meeting at Liberty State Park on
Saturday, August 25, to present a proposed plan for the future use of
251 acres of undeveloped land in the park's interior.
While most of the area will be accessible by trails and remain
undeveloped, there are several alternatives for the perimeter of the
site. The DEP is seeking public comment on the proposed management
plan. The public meeting will be at the Central Railroad Terminal from
10 a.m. to 4 p.m. Parking is free.
The Liberty State Park Interdisciplinary Planning Committee developed
the proposed management plan. A prior proposal with several
alternatives was the subject of a public meeting on January 25, 2001.
After careful consideration of comments received at the January
meeting, the committee drafted this plan for the site of the former
railroad yard. It calls for the protection, restoration and
enhancement of environmentally critical areas, and development of non-
commercial, recreational open space around the perimeter.
The committee, organized by the Division of Parks and Forestry, is
comprised of representatives and leaders from a number of
organizations and the surrounding community. Members of the committee
include representatives from the Friends of Liberty State Park, the
city of Jersey City; the county of Hudson, the Liberty State Park
Development Corporation, the Liberty State Park Conservancy, the
Natural Resource Conservation Service, New Jersey Audubon, the
Hudson/Passaic Soil Conservation District and the Division of Parks
and Forestry.
The committee's final proposal will be presented to DEP Commissioner
Bob Shinn for adoption.
To reach the railroad terminal at Liberty State Park, take exit 14B
off the New Jersey Turnpike, and follow the signs to the park and then
to the railroad terminal. Parking is free. For more information, call
the Division of Parks and Forestry at 609-984-0610.
- - -
Related Links
NJDEP Division of Parks & Forestry
http://www.state.nj.us/dep/forestry/parknj/divhome.htm
Liberty State Park Information
http://www.state.nj.us/dep/forestry/parks/liberty.htm
NJ Dept. of Environmental Protection News Release
Contact:
Sharon A. Southard or Amy Collings (609) 984-1795 or 609-292-2994
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LIBERTY PARK INTERIOR PLANNING SUMMARY AND COMMENTS
Date: 20 Aug 2001
From: "Greg Remaud" {greg_...@netlabs.net}
Hi Folks,
On Saturday, August 25 there will be another Public Hearing at
Liberty State Park about future management of the interior 251 acres
of natural land in this the most highly visited State Park in New
Jersey. The last public hearing about these management plans in
January drew over 600 citizens out to overwhelmingly fight against
commercial development and support preservation of open space and
natural habitat. The Interdisciplinary Planning Committee has taken
these public comments back to the table and formulated a draft General
Management Plan that will be described at the public hearing and then
passed on to the Commissioner of NJDEP for approval.
We encourage the public to come out to the CRRNJ Terminal Building
this Saturday at 10:00 for the hearing to support this progressive
plan that will constitute a giant leap towards fulfilling Liberty
Park's potential as a premiere recreational, cultural and natural
park. Thanks to all all of us we are moving toward this vision.
- - -
LIBERTY STATE PARK CONSERVANCY
SUMMARY COMMENTS ON PLAN FOR INTERIOR OF THE PARK
August 25, 2001 Public Hearing
Key Points of the General Management Plan for the Interior
a.. The former CRRNJ freightyard has been re-colonized by a diverse
and ecologically significant community of plants and animals.
b.. Wetlands and rare plant communities will be protected.
c.. Wildlife habitat including marshes, forests and fields will be
restored.
d.. Perimeter buffer will be established to provide non-commercial
recreation amenities.
e.. Trails and boardwalks will provide access and environmental
education.
f.. An International Competition will be held to design the final
landscape.
. . .
Comments from Conservancy President on the Planning Process
Liberty State Park is on the verge of two landmark achievements.
First, a General Management Plan for the interior of Liberty Park has
been drafted that is preservation-oriented and comprehensive. Second,
the Plan was created by an Interdisciplinary Planning Committee that
directly represents a broad spectrum of Park interests, not special
interests.
We believe this Plan closely follows the recommendations of the over
600 people who attended the last public hearing in January and the
thousands of citizens who over the years have expressed strong support
for open space, wildlife habitat, and severe limitations on commercial
development in the Park. As a result, it designates a large majority
of the 251-acre interior as a preserved and restored natural setting
with trails for peaceful strolls and outdoor environmental education.
Also, a buffer will surround the core, providing varying sized
corridors for a multi-purpose loop path, additional recreation and
passive amenities.
The Plan provides guidelines for land use enhancements firm enough to
ensure the preservation of natural communities and open space, while
flexible enough to take advantage of various funding opportunities and
to incorporate future detailed recommendations of world class
restoration ecologists and landscape architects.
The Committee was selected by NJDEP because of their knowledge and
the range of park interests they represent. It is important to note
the great contrast between the productive and cooperative work of this
Committee versus the traditional "Liberty process." The past method
encouraged relentless, piece-meal, commercial project plans that
citizens have had to repeatedly fend off, while NJDEP arbitrated. As
Committee members, the Conservancy participated fully in this
integrated draft planning process, and we wholeheartedly endorse the
Plan which resulted.
We would like to thank Committee Chairman Frank Gallagher, of NJDEP
Parks and Forestry, for his invaluable public service. We also thank
each member of the Committee, who together, have demonstrated that
informed, cooperative efforts can produce the results worthy of
Liberty Park and the citizens who have worked to fulfill its vision as
a world class cultural, historic and natural oasis.
Sincerely,
Greg Remaud, President
Liberty State Park Conservancy
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NEW LAW REQUIRES MORE WELL TESTING
Date: 010819
From: http://www.injersey.com/
By Bill Bowman, Staff Writer, Courier News, August 19, 2001
New Jersey's ability to track and treat contaminated water will
improve next year, when a new law requires homeowners with private
wells to test for some contaminants prior to the home's sale. "It
certainly will disclose well-water quality throughout the state over a
period of time," said John Beckley, the Hunterdon County health
officer. "That's the whole purpose of the law, to have open disclosure
of this important resource."
The Private Well Testing Act, which takes effect Sept. 14, 2002,
requires home sellers with private wells to test for bacteria,
nitrates, iron, manganese, lead and volatile organic compounds -
recently found in some Readington wells - for which maximum
contaminant levels have been established. They must also test for
radium if enough local laboratories are certified to perform the
tests.
The tests could add about $300 to the seller's pre-closing costs.
"Lab costs alone run about $175," said Mike Kuhn, technical director
of Housemaster of America Home Inspection & Warranty Service in Bound
Brook. "Lab costs for the radium test run from $75 to $100."
Copies of water tests will be filed with the state. It is expected
that between 10 percent and 20 percent of all wells tested will be
found to be contaminated, said Barker Hamill, chief of the Bureau of
Safe Drinking Water of the New Jersey Department of Environmental
Protection.
"If there is a process to get more of these wells tested, we feel we
will find and eventually address the bulk of these problems," Hamill
said. "Certainly more than we are currently finding."
Dick Spilatore, head of the Middlesex County Health Department's
clean drinking water initiative, said he thinks the law will benefit
both health officials and homeowners.
"We have found on occasion that there have been homeowners who have
purchased a home and only did a bacteria test and found out later they
had volatile organic compounds," he said. Data from the well tests
will help his efforts, he said, by giving "a better profile of all the
wells in the county."
Elisabeth Linden of Readington - whose Coddington Road well is being
tested after contaminants were found in wells nearby - thinks the law
will help prospective homebuyers know everything about the home they
want to purchase.
"If you live in a house a long time, you start to get immune to the
bacteria and stuff that gets in your water," she said. "But something
might affect new people, especially if there are kids."
Amy Collings, a DEP spokeswoman, estimates that there are a half-
million private wells in the state. No breakdown by county is
available, she said.
In Hunterdon and Somerset counties, Hamill said, he expects primarily
to find wells contaminated by "microbiological problems, nitrates and
volatile organic compound problems."
Hamill said he also expects to find some level of arsenic - a
naturally occurring contaminant - in some Central Jersey wells.
"Even though they're well below the current standard," he said,
"there are elevated levels from the Mercer-Hunterdon county border
that swing in a general shape that follows the land contours through
Somerset, southern Passaic, Union, Morris" and into the New York state
border.
"Clearly the higher levels we've seen are down at the Hunterdon-
Mercer border," Hamill said. "They are all well below the 50 parts per
billion standard, but some wells we've seen are in the 20s or 30s."
Beckley said the data gathered from the well-testing program will be
fed into the Hunterdon County Health Department's geographic
information system.
"We're compiling locations, where we've had problems in the past and
putting a database behind each dot," he said. "We're listing the
contaminants and whether or not the contaminants exceeded the maximum
contaminant level for the safe drinking water act."
Overall, Hamill said, New Jersey's drinking water is "pretty good."
The law, he said, "is an effort to take pretty good quality and make
it better."
While the law will expand New Jersey's knowledge of contaminated
water, it should not cause many home sales to fall through.
"Almost anything you usually find in well water is correctable," Kuhn
said.
* * *
Bill Bowman can be reached at (908) 707-3176 or bbo...@c-n.com
Copyright 1997-2000 IN Jersey
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FINANCIAL WOES HALT CLEANUP AT PARSIPPANY LANDFILL
Date: 010818
From: http://www.dailyrecord.com/
By Matthew Katz, Daily Record, 010818
Parsippany - Cleanup work at the Sharkey Landfill, a Superfund toxic
waste site, ceased indefinitely Friday after the chief contractor
apparently ran into financial troubles.
Two unions representing workers at the site reported that checks
received from Haseley Construction for medical and pension benefits
for their members bounced this week. Local construction businesses
subcontracted to work on the site walked off the job this week because
of lack of payment.
The work stoppage is likely to delay the completion of the cleanup,
projected for next May, and the township's subsequent plan to convert
the area into a park.
On Friday, Barry Berdahl of the Shrewsbury-based Certified Site
Management, which represents the various entities responsible for
cleanup, said he got a letter from the contractor, Haseley
Construction of Niagara Falls, N.Y., saying the company "can't finish
the job."
Representatives from Haseley Construction could not be reached Friday
for comment, but a receptionist at the company office said the firm
was still in business. The relevant officials at the federal
Environmental Protection Agency's regional office, which oversees the
cleanup, were out of the office Friday.
Berdahl said he couldn't say when cleanup of the 90-acre toxic waste
dump would resume, but he said the union workers, a handful of main
subcontractors and a slew of suppliers would be paid eventually
through a bonding company representing Haseley.
"Our concern is to get this project going as quickly as possible, but
we're afraid that this is going to slow things down," Berdahl said.
"We are trying to explain to everybody that this is a Superfund site
and work must proceed quickly," Berdahl said.
The cleanup began last September and was originally slated to be
completed this October. As of now, the target completion date is May,
when the town plans to convert 50 acres of the property, which it
owns, into a park for bird watching, hiking, fishing and possibly
canoeing in the Rockaway River.
Most of the landfill will be covered by fresh soil, and 36 acres are
being capped with a material that will allow water to run off into the
Rockaway and Whippany rivers without touching toxic contaminants below
ground.
The land is off Route 280, Ridgedale Avenue and Edwards Road, and
operated as Sharkey Farms Landfill from 1945 to 1972, when toxic and
organic materials were dumped along with commercial, industrial and
municipal waste. Debates continue about the level of chemical
contamination in the area.
The cleanup process started in 1983 when the area became part of the
federal Superfund cleanup program. A long list of parties responsible
for the cleaning bill were then named, including 14 Morris County
towns and more than three dozen companies. Legal battles took years to
settle.
Now, the operation is hitting another snag.
On Thursday, the International Union of Operating Engineers Local 825
tried to deposit a check from Haseley to pay for its members' benefit
packages for the last three months - but the check bounced, according
to business agent Howard Ferguson. Local 825 represents about 15
workers at the site.
"This is money that the guys counted on," Ferguson said. He said it
caught them by surprise, and it is very unusual for a contractor to
default on such payments.
The same problems befell on the 15 to 20 laborers from the Local 472
union, Ferguson said. Regular paychecks have not been affected, and
all workers will return to the site Monday, hoping to work. But the
group is concerned that Haseley is an out-of-state company that can
avoid payment.
"It's become a real hassle," Ferguson said. "These are local guys,
and it's real upsetting to all of us."
The lack of payment will certainly delay the cleanup. "Unfortunately,
until the money flows, I think most of these people have indicated
they are not going to work until they see the money," Berdahl said.
Berdahl said that with the project close to halfway completed, the
May target completion date may be hard to reach. "We're not going to
say we're going to miss it, but it would be difficult to get back
under that schedule without starting in the middle (of the project)
again," he said.
Beyond the workers from the two unions, numerous subcontractors and
equipment companies are affected by nonpayment.
"There are many local businesses that are being affected by this
because of nonpayment by Haseley, who had promised payment to all
these companies, and continued to promise," said Jim Gordon, who owns
the Rockaway-based West Chester Machinery and Supply.
The company had been supplying dust control trucks, but it pulled its
equipment this week. Gordon said much of the work his equipment was
involved in cannot be completed past November - thereby threatening to
delay completion well beyond the spring target date.
Parsippany Councilman Michael Strumolo, who toured the site last week
with other local politicians, including U.S. Rep. Rodney P.
Frelinghuysen, R-Harding, said delays could be as long as one year.
The longer the cleanup takes, the longer Parsippany will have to wait
to use the area for passive recreational hiking space.
"The bonding companies are going to have to step up to the plate and
take care of this," he said.
Local politicians toured the site this week, and the contractor's
financial problems were alluded to. But a spokesperson for
Frelinghuysen said Friday that the congressman had not yet been
informed that the cleanup had stopped.
* * *
Matthew Katz can be reached at mk...@morristo.gannett.com or
973-428-6200.
(C) Gannett Satellite Information Network Inc.
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
MOBILIZING THE REGION #330
Date: 20 Aug 2001
From: Tri-State Transportation Campaign {ts...@tstc.org}
[Excerpt: Full text at http://www.gsenet.org/newsstnd/mobil.htm]
A Weekly Bulletin from the Tri-State Transportation Campaign
Electronic Edition Number 330 August 20, 2001
- - -
NJ PAPERS TOUGH ON PARKWAY TOLL REMOVAL
A consensus among NJ editorial boards emerged last week in response
to Governor DiFrancesco's plan to remove Garden State Parkway barrier
toll plazas.
DiFrancesco's near-term steps - high-speed E-ZPass facilities and
congestion pricing - are needed and should be pursued promptly. The
plan's long-term goal of eliminating Parkway tolls by 2012 is an
unrealistic non-starter that would stretch already tight
transportation budgets.
On HIGH-SPEED TOLL COLLECTION, E-ZPass discounts and congestion
pricing:
* "would be a smart step." (Trenton Times)
* are "practical ways to reduce the madness" and "one wonders why the
geniuses at the parkway authority did not do this years ago."
(Bergen Record)
* "Such improvements could achieve an appropriate balance between
easing traffic backups and maintaining a necessary revenue stream."
(Courier News)
* "solid, overdue ideas for reducing congestion and improving safety
on the parkway." (Phila. Inquirer)
* "excellent proposals..." (Press of Atlantic City)
On REMOVING ALL TOLLS:
* "Given our state's massive transportation deficiencies, reducing
the resources available to deal with them makes no sense at all."
(Trenton Times)
* [the notion that] "future legislators and governors will cough up
more than $200 million a year in cash to remove tolls" is "not
realistic" and a "fantasy." (Star Ledger)
* "Expense alone is a good reason for going slow on any elimination
of parkway tolls." (Bergen Record)
* "an unfortunate and potentially dangerous recipe for shortcuts on
road improvements and other maintenance projects along the
highway." (Courier News)
* "... it's fiscally reckless to toss out the tolls with the
tollbooths." (Philadelphia Inquirer)
* "...there is little reason to shift the financial burden from
parkway users...to state taxpayers." (Press of Atlantic City)
The pressure will be on for NJ's next governor to take quick steps to
reduce Parkway congestion. The response to DiFrancesco's plan charts
an obvious path.
- - -
DIFRANCESCO OKS NEWARK AIRPORT TRAIN TAX
Acting Governor Donald DiFrancesco told the Star- Ledger through a
spokesperson last Tuesday that the fare structure for the Newark
Airport train station set by the Port Authority and NJTransit is
"necessary and fair." The agreement between the agencies stipulates a
$6.95 one-way trip from Newark Penn Station to the airport and upwards
of $11 one-way from NY Penn Station and the Trenton area. These fares
are $5 to $7 more expensive than similar distances elsewhere on the
NJTransit (MTR #327). DiFrancesco refused to use his power to veto the
minutes of the July 26th Port Authority meeting at which the agreement
was approved to lobby for any lowering of the fares.
Transit advocates say the ticket prices are exorbitant and warned
that the high cost will make the transit service less affordable than
driving to the airport for many travelers, reducing the impact the new
station could have in cutting down on airport traffic congestion. The
surcharges amount to a tax on transit riders because drivers who park
at Newark Airport will continue to use the monorail for free.
The Port Authority is apparently planning to follow the same strategy
in designing fares for the Jamaica to JFK AirTrain. In a presentation
to the metro area chapter of the American Planning Association last
year, an agency representative suggested that transit riders embarking
at the Howard Beach subway station will pay the full fare for the
train ride to airport terminals, while patrons of the Howard Beach
parking lot will not be charged for the same trip.
* * *
MTR#330 Contributing: Lisa Schreibman
Editors: Jon Orcutt, Kristen Fountain
Executive Director, Janine Bauer
Tri-State Transportation Campaign
240 West 35th Street #801
New York, NY 10001
tel. (212) 268-7474
fax (212) 268-7333
ts...@tstc.org
http://www.tstc.org
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
NORTHEAST STATES' CLEAN AIR LAWSUITS IN JEOPARDY
Date: 010820
From: http://www.nytimes.com
POSSIBLE FEDERAL PULLOUT CLOUDS NORTHEAST STATES' POLLUTION SUITS
By Richard Perez-Pena, NY Times, August 20, 2001
As the Bush administration considers withdrawing from air pollution
lawsuits against power plants in the Midwest and South, people on both
sides of the dispute say the Northeast states that have also sued will
be hard-pressed to pursue the cases on their own.
The suits were filed under a Clean Air Act provision that the
administration is reviewing and plans to overhaul. The review was
originally scheduled for completion last week, but the Environmental
Protection Agency announced on Tuesday that the deadline had been
postponed to next month, a delay that officials said was partly due to
a split within the administration.
Spencer Abraham, the energy secretary, and Christie Whitman, the
E.P.A. administrator, both advocate broad changes to the enforcement
program, known as new source review, to give power companies more
flexibility in meeting pollution limits. But administration officials
say there is substantial disagreement on the details, with Mr.
Abraham's approach including withdrawal from at least some of the
suits while Mrs. Whitman favors preserving them.
Without Washington's participation, most of the cases would be
dropped because the states do not have legal standing to pursue them,
according to state and federal officials, environmentalists and power
companies. They add that the remaining actions would be made far more
difficult without the vast resources of the E.P.A. and the Justice
Department. And a federal government reversal could dissolve landmark
agreements with two power companies that have accepted great
reductions in the pollution from their plants.
Environmentalists are also concerned that even if the new source
review program survives, it will be in greatly scaled-back form. They
point, among other factors, to President Bush's recent nomination of
Donald Schregardus as chief enforcement officer of the E.P.A., a post
from which he would play a crucial role in determining whether power
plants had violated the law and, if so, how to deal with them.
Mr. Schregardus, as chief environmental officer for the State of
Ohio, was part of an administration that strenuously opposed the
filing of new source review lawsuits. The Senate has not acted on his
nomination.
"We will pursue these cases no matter what happens in Washington,"
said Eliot L. Spitzer, the New York State attorney general, "but
losing out on the participation and resources of E.P.A. and the
Justice Department would be a substantial loss and would make our job
much harder, no question."
In the Northeast, so much of the pollution arrives on the prevailing
winds from the West and South that if New York City and some other
areas were to stop all local emissions, they would still violate
federal clean air standards. After two decades of steady improvement,
the region's air quality leveled off and has even worsened a bit,
abetted by hot summers two of the last three years. So far this year,
monitoring stations around New York State have recorded 168 ozone
readings that violate federal standards, the second- highest figure
for any year in the last decade, and a sharp increase from 60 in all
of last year.
In pursuing new source review cases without federal help, the
greatest obstacle that the Northeast states would face is geographic.
To win a new source review case against a power plant, a state must
establish that it has legal standing by proving that its air is
measurably affected by the emissions from that plant. While lawyers
for the Northeast states have built cases against plants up to 400
miles away, they believe they would be unable to act against more
distant plants.
The states sued 17 plants in Virginia, West Virginia, Indiana and
Ohio. (Mr. Spitzer also notified the owners of seven plants in New
York that he intended to sue if they did not agree to install
pollution controls, and his office is in negotiations with those
companies.) Northeast officials have talked with their Southern and
Midwestern counterparts about filing their own suits, to broaden their
reach, but so far they have found no takers.
"The states haven't targeted us, and we don't think they could," said
John Sell, a spokesman for Southern Company, a major power producer in
the South that is the subject of a federal suit.
The E.P.A. has sued 34 plants and taken other enforcement actions
under new source review against 20 others. The agency signaled last
year that it intended to go after many more plants _ in talks with two
power companies, it insisted on changes at 12 plants that were not
named in its enforcement actions _ and officials said the number could
top 100.
The E.P.A.'s actions have included old coal-fired plants in North
Carolina, South Carolina, Georgia, Florida, Tennessee, Kentucky,
Alabama and Illinois _ plants that are beyond the grasp of the
Northeastern states.
"E.P.A. simply has much greater reach than we do, so there's much
more they can do," said Richard Blumenthal, the Connecticut attorney
general. "And they have vastly superior resources, which are critical
against these big corporations that have indicated they will fight and
delay."
Among other things, the states would have to produce sophisticated
computer models showing the movement of air pollution over long
distances _ the sort of work E.P.A. does already, but the states do
not.
Mr. Spitzer said his office has eight lawyers working on the cases,
compared with the dozens the federal government has assigned to the
litigation. "Resources are an enormous issue," he said. "If Washington
pulls out, I would say we would have to double the number of people
dedicated to these cases."
Courts also give a certain deference to federal agencies'
interpretation of relevant federal laws _ for instance, to the
E.P.A.'s view of the Clean Air Act _ and lawyers on both sides say the
states would not receive the same deference.
A lawyer representing a company that has been sued by both the
federal government and the states said, "There's no question: if the
feds go away, my job gets a lot easier."
John L. Kirkwood, chief executive of the American Lung Association,
said: "There's much less the states can do than what the feds can do,
and it's harder for them to do it. This really needs the Bush
administration's participation."
Over the last three decades, federal law has imposed increasingly
strict air pollution standards on new power plants. But plants built
before those rules were created are exempt from federal controls.
The federal and state suits charge that power companies have done
such extensive work upgrading older plants, under the guise of routine
maintenance, that those plants should come under new source review and
meet the same standards as new plants. Power companies call that a
misinterpretation of the law and say it will prevent them from doing
maintenance needed at older plants, leading to more frequent
breakdowns.
At issue in the suits are pre-1970 coal plants that, in some cases,
produce up to 10 times as much nitrogen oxides and sulfur dioxide _
the major contributors to smog and acid rain _ as are permitted from
new plants. Power plants produce two-thirds of the nation's sulfur
dioxide emissions, and about 30 percent of the nitrogen oxides.
New York and the E.P.A. filed their first suits in 1999, and six
other states _ Connecticut, New Jersey, Massachusetts, Rhode Island,
New Hampshire and Vermont _ later joined in some of the suits. In New
Jersey, it was the administration of Mrs. Whitman, then the governor,
that sued.
Last year, three power companies settled E.P.A. actions against them
by agreeing to drastic emissions reductions at their plants. One of
those settlements, with Tampa Electric in Florida, is final.
But the two larger deals, reached late in the year with Cinergy, an
Ohio utility, and Virginia Electric Power, were tentative, and neither
the companies nor the Bush administration has moved to make them
final. Both sides have indicated that they might seek to modify the
agreements. The two settlements, covering 18 plants, would be by far
the largest ever under the Clean Air Act, with each company agreeing
to spend more than $1 billion.
* * *
Copyright 2001 The New York Times Company
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
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