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GARDEN STATE ENVIRONEWS 030124

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Garden State EnviroNet

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Jan 24, 2003, 12:41:52 AM1/24/03

030124

GARDEN STATE ENVIRONEWS

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TABLE OF CONTENTS
~~~~~~~~~~~~~~~~~
{*} STATE'S `BIG MAP' CAUSES LOCAL BIG FLAP
{*} MEADOWLANDS PROTECTION PLANNED
{*} FRIENDS OF HOLLAND HIGHLANDS FILES SUIT
{*} MORRISTOWN AIRPORT OFFICIALS DENY NOISE HAS INCREASED
{*} NJ SENATE ACTION TO PROTECT OCEAN FROM PCB's
{*} COMMERCIAL FISHERMEN TO JOIN WHALE PROJECT
{*} LET'S CREATE A NEW BAYSHORE
{*} JUDGE RULES OWNERS OF SUPERFUND SITE LIABLE FOR LEAKAGE
{*} SOUTHERN OCEAN LANDFILL REPORT EYED BY GROUP
{*} NEW ENGLAND JOURNAL OF ENVIRONMENTAL EDUCATION
{*} THREE FORUMS - STORMWATER PERMIT & MANAGEMENT RULES
{*} PINELANDS SHORT COURSE - MAR 1

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

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STATE'S `BIG MAP' CAUSES LOCAL BIG FLAP

Date: 030123
From: http://www.pressofatlanticcity.com/

By Jack Kaskey and W.F. Keough, Staff Writer, (609) 272-7213
Press of Atlantic City, January 23, 2003

Gov. James E. McGreevey's latest initiative to rein in sprawl has
some officials in Cape May County seeing red.

The McGreevey administration last week unveiled a color-coded map
that shows where future development will be encouraged and discouraged
by regulation and state spending.

Development will be discouraged in red areas and encouraged in green
areas. Yellow areas indicate a cautious development approach.

The "big map," as it is informally known, places the bulk of the
green areas outside New York and Philadelphia, with much of the rest
of the state shaded red and yellow. The Pinelands area is excluded
because the region has its own development plan.

In Cape May County, some planning officials are sarcastically
referring to the document as "the Red Map."

That's because the county's four mainland townships - Lower, Middle,
Upper and Dennis - are red, with a smattering of yellow. The lack of
any green indicates that the state will not encourage development on
the mainland.

The map does give a green light to eight coastal communities, but
with the exception of Wildwood, the opportunities for development
appear limited.

At a recent Cape May County Planning Board meeting, members were
dismayed that the county is painted with such a broad brush, Planning
Director Jim Smith said.

Smith said that 60 percent of the county already is off-limits to
developers because of coastal restrictions and saltwater and
freshwater wetlands.

"There isn't much developable land left anyway, but to simply take a
red marker...I think the state is being too restrictive," Smith said.

Avalon, Stone Harbor, the Wildwoods, Cape May and Cape May Point were
designated as green areas where development will be encouraged.

Ocean City received a mixed designation, its north end designated a
cautionary yellow, while the south end was classified red. Sea Isle
City was classified red.

One of the biggest losers under the new map would be Middle Township,
which had been in the process of seeking state permission to designate
five areas - Cape May Court House, Rio Grande, Burleigh, Whitesboro-
Edgewood and Green Creek - as development centers under the state
plan.

The new state map did not reflect Middle's efforts, a fact that has
alarmed township officials.

Middle Township Administrator Jim Alexis said township officials have
talked to the state and believe there is time to win approval for the
five centers.

If it doesn't, the state's hands-off approach would create an air of
uncertainty on future projects.

"We're a 72-square-mile community, we're very diverse," Alexis said.
"We don't think the entire township should be in the red zone."

Officials from the state Department of Environmental Protection were
unable Wednesday to directly address the lack of green areas on Cape
May County's mainland, but they noted that the Cape May peninsula is
filled with wetlands and other environmentally sensitive features.

Red areas include protected open space, wetlands, endangered and
threatened species habitat and critical aquifer-recharge areas,
according to the DEP.

Green areas include the state plan's metropolitan planning areas,
nodes and centers, urban enterprise zones, lands around NJ Transit
rail stations and coastal centers designated by Coastal Area
Facilities Review Act, or CAFRA, rules.

Jeff Tittel, director of the Sierra Club's New Jersey chapter, said
the mainland townships of Cape May County have no green areas because
they failed to get any development centers designated under the state
plan or by CAFRA rules. The same goes for Sea Isle City and Ocean
City, he said.

In addition, the county's aquifer-recharge area follows the Route 9
corridor, making that area unsuitable for development, he said.

"One of the reasons you have a saltwater intrusion problem in Cape
May is because you are paving over your recharge areas," Tittel said.

Leonard Desiderio, mayor of Sea Isle City, said no new subdivisions
are planned on the island, so the red designation does not "send up
any red flags."

But, he added, he is looking forward to being briefed on the map.

The DEP plans to convene meetings this winter in all 21 counties to
explain the map and get comments. The concerns of local officials can
be addressed at the local meetings, DEP spokeswoman Elaine Makatura
said.

Currently, the map is a work in progress, but after the meetings, the
DEP intends to propose regulations that would tie the map to
environmental protection laws. The State Planning Commission also is
expected to incorporate the map into the state plan, giving that plan
regulatory teeth, administration officials have said.

Other departments, including transportation and agriculture, plan to
use the map to encourage redevelopment in cities and suburbs and to
discourage sprawl in the countryside.

* * *

To email Jack Kaskey at The Press: JKa...@pressofac.com
To email W.F. Keough at The Press: WKe...@pressofac.com

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MEADOWLANDS PROTECTION PLANNED

Date: 23 Jan 2003
From: Megan Callus {mca...@earthlink.net}

REMAINING WETLANDS SPARED FROM SPRAWL

By Ana M. Alaya, Star-Ledger Staff, January 19, 2003

For centuries, the battle between man and nature has raged in the
Hackensack Meadowlands, as the vast marsh and cedar forests gave way -
acre by acre - to dumps, warehouses, a sports complex and highways.

Of the nearly 20,000 acres of marshes and waterways that once
blanketed the 32-square-mile region, 8,400 acres remain, most of the
area a mix of fresh water and salt water wetlands, most of it far from
pristine.

Next month, a plan will be unveiled that seeks to protect what
remains of the undeveloped marshes that cover parts of 14
municipalities in Bergen and Hudson counties.

"The new plan is a model for smart growth," said Susan Bass Levin,
chairwoman of the Hackensack Meadowlands Commission, which oversees
the region. "The new plan preserves our natural resources. It calls
for the cleaning up of brownfields and contaminated trash sites and
reusing those sites for productive economic development."

The plan also includes redevelopment zones in dry uplands. One
project would put golf courses atop defunct trash dumps. Another zone
near the new Secaucus rail transfer station would be turned into a
transit city with retail, offices and housing.

ARENA AND MALL PLANS

The changes, which will be released for public hearings in February,
would not affect pending plans to redevelop Continental Airlines Arena
at the sports complex, Bass Levin said. But they could create a new
hurdle for the Meadowlands Mills plan to build a huge mall atop 600
acres of degraded wetlands in Carlstadt known as the Empire tract. The
tract is the largest continuous swath of undeveloped wetlands in the
region.

"We believe that under this plan, the Empire tract will be green,"
said Andy Willner, baykeeper for the Hudson-Raritan estuary. "It will
be slated for preservation rather than development, and as far as the
environmental community is concerned, that's huge."

A lawyer for Mills Corp. said plans for the mall would be
grandfathered in the new regulations. The Mills plan is considered by
some planners to be a balanced approach. The company wants to enhance
450 acres of wetlands in exchange for developing its mall and roadways
on about 130 acres.

However, Mills has offered to give the Empire land to the state for
preservation if it wins a pending competition to redevelop the
Continental arena site. If they don't win the arena site, they would
reactivate their application to build on the Empire tract.

But developers say there is still a tidy profit to be made from the
limited development that would be permitted under the plan.

"I understand the rationale behind the plan," said Richard Fritsky,
spokesman and former president of the Hackensack Meadowlands Regional
Chamber of Commerce. "I know the smart growth speak. I think we have a
document that's tailored to talk that talk and maybe to a larger
degree walk that walk. Even from the economic development community's
perspective, we can march together if there are certain things in the
plan."

Officials said the plan was tailored to reflect Gov. James E.
McGreevey's "smart-growth" directive to curtail sprawl and focus
development in New Jersey's cities, older suburbs and rural centers,
while protecting the state's remaining open spaces.

DECADES IN THE MAKING

The concept of a master plan for the Meadowlands dates to 1987, when
the commission proposed allowing development on between 1,500 and
2,000 acres of federally protected wetlands in the region.

But outrage from environmental groups derailed that plan, leading to
a painful, 15-year process of whittling down the amount of wetlands to
be lost. By 1999, a draft Special Area Management Plan, a combined
effort of state and federal agencies, including the Department of
Environmental Protection and the Army Corps of Engineers, called for
465 acres to fill.

By January 2002, the commission declared the SAMP dead.

"It was a terrible plan," Bass Levin said. "It would have filled a
large portion of the wetlands, destroyed the ecological balance and
failed to protect natural resources."

The new proposal will be a radical departure from the SAMP in that it
values every wetland, no matter how polluted.

"We once said that degraded wetlands have no function, but our
position now, is that all wetlands have 'some' function," said Robert
Ceberio, the commission's executive director.

Ecologists consider wetlands sensitive areas that can filter
contamination, retain water runoff, and provide an oasis for wildlife.
From striped bass to terrapin, the region is home to 265 species,
including 18 that are endangered or threatened, such as the osprey.

Under the plan, the remaining 8,400 acres of wetland open spaces
would remain open. Of them, about 1,870 are waterways. About 730 acres
are small plots of open space on commercial properties. The remaining
5,800 acres would be rezoned for preservation.

LAND ACQUISITION

To compensate private landowners, the commission would offer to buy
land that is scheduled for preservation. It has already bought 1,700
acres and has the management rights to 1,600 more acres.

Congressman Steve Rothman, a Fair Lawn Democrat, is working to secure
$35 million from Congress for Meadowlands land acquisition and
remediation. On Friday, he said he would soon announce details of a $5
million federal study on how to design the 8,400 acres as a wildlife
preserve, including toxic site remediation, which he said could cost
between $100 million and $200 million.

Rothman envisions a series of parks connected by creeks and rivers
where people could go kayaking, nature walking and bird-watching.

"There are 29 million people in this area. The development pressures
are enormous. The pollution problems are huge. This plan would be a
model for every metropolitan area in the U.S.," Rothman said.

Some smaller property owners scoff at the price the commission is
offering for land - $10,200 per acre.

"This is a pitiful sum. It doesn't even cover a small fraction of the
taxes," said former Rep. Frank Guarini, who owns 93 acres of wetlands
in Secaucus and North Bergen. His plans for the property, ribboned by
highways and railroads, once included upscale warehousing and parking.
Now he's not sure if he'll be able to build anything.

"The commission over the years has sent mixed signals to people who
have investments out there and are trying to give jobs and ratables,
and then those opportunities dissipate," Guarini said.

# # #

Megan Callus
Conservation Associate
NY/NJ Baykeeper
Building 18, Sandy Hook
Highlands, NJ 07732
732.291.0176 tel.
732.291.7727 fax

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FRIENDS OF HOLLAND HIGHLANDS FILES SUIT

Date: 23 Jan 2003
From: "Andrew J.Riehl" {homeenh...@rcn.com}

PRESS RELEASE

HOLLAND CITIZENS GROUP TAKES PLANNING BOARD AND DEVELOPER
TO COURT OVER SUBDIVISION APPROVAL

January 22, 2003

Holland Township - A local citizens group today served the Holland
Township planning board and a Flemington-based developer with a legal
complaint charging that preliminary approval of a major subdivision in
Holland was illegal.

Filed with Hunterdon County Superior Court, the complaint charges
that some planning board members had a conflict-of-interest, that the
application did not meet ordinance requirements and would create
serious environmental problems, and that the board is denying the
public their right to participate by continuing to accept new evidence
from the developer after the public hearings have been closed.

After preliminary approval was granted to Hunterdon Capital, LLC on
October 14, 2002, for a 15-lot development on Shire Road in the
mountainous Highlands region of Holland, the public learned that one
member of the planning board was a legally-defined abutter to the
proposed development, while a second member lived across the street
from the first. The neighboring board members seem to have had a
personal stake in the outcome since during the last of three nights of
public hearing on this proposal, planning board members acknowledged
on the record that there would be an increase in the value of homes
adjacent to the new subdivision that will feature houses planned to
sell for nearly a million dollars.

"It is fundamental, basic land-use law in New Jersey that a planning
board member who lives within 200 feet of a project cannot vote on it,
and must not participate in hearings," said Stuart Lieberman, attorney
for the citizens group. "That did not happen here, and the law is
clear that we need to start the hearings all over again. If this had
been revealed earlier, instead of the last day, a lot of time and
money could have been saved by everyone. It's just wrong!"

The complaint also charges that the planning board failed to take
into account that the proposed subdivision would create many
environmental problems, including "drinking water quality and quantity
issues, wetlands issues, historic preservation issues, runoff issues,
and steep slope issues."

The citizens group contends that the planning board failed during the
hearings to require the developer to show how his plans met the
requirements of local ordinances and is now allowing after-the-fact
submission of proof.

"The board is now allowing the developer to submit new evidence after
they' ve already granted preliminary approval," said Michael Keady,
president of Friends of Holland Highlands. "This is completely
backward from the law's requirements, and it favors the developer over
the public's right to see all the evidence so they could ask informed
questions during the public hearings - plus, our experts' testimony
would have addressed this new evidence."

It was also revealed during the hearings that a stream adjacent to
the development, into which a detention basin would spill, was
actually a state-protected Category I Trout Production Steam, although
this was initially denied by the developer's experts. The board
approved a plan for the owner of the lot with the detention basin to
do all the maintenance on the basin, ignoring testimony from the
opponents' expert that such owner maintenance never works and will not
satisfy the legal requirement that calls for "no measurable change" to
the trout-breeding stream.

"We're confident that this illegal approval will be overturned," said
Keady. "Then local officials in Holland will have a second chance to
do the right thing for the citizens of the township and join with
conservation groups to purchase the property and preserve this
important resource as open space. There are simply too many dangers to
water quality, health, and the rural character of Holland for this
property ever to be developed."

Friends of Holland Highlands is soliciting donations to their fund
for paying the legal costs associated with this court challenge. Those
interested in contributing can write the group at 130 Shire Road,
Milford, NJ 08848, or they can get information on the group's Web site
at http://www.hollandhighlands.org

Friends of Holland Highlands is a non-profit organization of 135
members who are mostly Holland Township citizens and have banded
together in an attempt to bring to the attention of Holland's planning
board the special resource value, environmental fragility, and
developmental ramifications and limitations of the Highlands that
occur in Holland.

- - -

COVERAGE FROM THE STAR-LEDGER, JANUARY 23, 2003

GROUP FILES SUIT OVER PROJECT IN HIGHLANDS
THREAT TO WATER CITED IN HOLLAND TOWNSHIP

By Jean Mansur, Star-Ledger Staff, January 23, 2003

A citizens group has filed suit against the Holland Township Planning
Board and a developer, contending a 15-lot subdivision approved for a
90-acre site will create serious environmental problems in an area
that is part of the Highlands region.

The group, Friends of Holland Highlands, claims in the suit filed in
state Superior Court in Flemington that the planning board did not
take into consideration that the proposed development would create
problems for drinking water quality, stormwater runoff and wetlands.

The property on Shire Road also is known for its physical and
environmental limitations and is located atop Musconetcong Mountain,
the suit states. It is in a watershed for a protected trout production
stream, according to the suit, filed for the group by attorney Stuart
Lieberman.

"The big concern is the state of New Jersey draws half of its water
from the Highlands area, and planning boards in hundreds of
communities are making individual decisions," said Michael Keady, a
member of the Friends of Holland Highlands who lives near the proposed
development.

"There are simply too many dangers to water quality, health and the
rural character of Holland for this property ever to be developed,"
Keady said.

Holland Township Planning Board Attorney Donald Morrow said he could
not comment on the suit because he has not seen it. He said aggrieved
residents have the right to file such suits and the merits of the case
will be decided by the courts.

The planning board gave conditional approval to the developer,
Hunterdon Capital LLC of Raritan Township, on Oct. 14, according to
the suit. The board has not yet adopted a resolution memorializing the
approval, the suit states. A call to the developer seeking comment was
not returned.

The citizens group is seeking to have the courts declare the approval
invalid as well as temporary and permanent injunctions to prevent all
construction at the site, according to the suit, which was filed on
Jan. 3.

The Highlands is a mountainous, forested region that stretches from
western Connecticut, across New York and New Jersey, and into east-
central Pennsylvania. It includes 90 towns in New Jersey in parts of
Bergen, Morris, Hunterdon, Passaic, Somerset, Sussex and Warren
counties.

A report by the U. S. Forest Service last year said 5,200 acres of
the Highlands had been lost annually to development through the late
1990s, threatening the water system for millions in New Jersey and New
York.

Gov. James E. McGreevey vowed in his State of the State speech last
week to make preservation of the Highlands a top priority of his
administration.

William Harrison, Highlands coordinator for the state's Office of
Smart Growth, said it will take weeks to determine what parcels will
be specifically targeted for acquisition and eventual preservation.

"We want to get the most critical lands purchased as quickly as
possible," he said. "We're working to get federal money to buy that."

* * *

Staff writer Cathy Bugman contributed to this report. Jean Mansur
covers Hunterdon County. She can be reached at jma...@starledger.com
or (908) 782-8326.

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MORRISTOWN AIRPORT OFFICIALS DENY NOISE HAS INCREASED

Date: 030123
From: http://www.nj.com/

By Lawrence Ragonese, Star-Ledger Staff, January 23, 2003

Morristown Airport officials defended their operation yesterday,
saying complaints the facility is being turned into a large jetport
that is causing increased air noise over residential areas of Morris
County are unfounded.

During a session with the Morris County freeholders, airport Director
Bill Barkhauer provided data to show that air noise complaints have
dropped substantially in the past few years and the number of planes
using the facility has remained about the same for a decade.

Responding to concerns voiced to the freeholders in December by a
delegation of officials from Hanover, Madison, Morris Township, East
Hanover and Parsippany, airport officials were armed with facts to
show the state's second busiest airport has attempted to be a good
neighbor.

"Our job as airport operator is to provide a safe, modern facility,"
Barkhauer told the freeholders in Morristown. "Nothing will be done
that is aimed at substantially increasing the number of flights coming
in and out of the airport."

Barkhauer dismissed rumors the airport wants to extend runways or
draw commercial air traffic. He said plans to add two new hangars to
house several more corporate jets would be the last expansion of the
airport, which is owned by Morristown, run by a private firm and
located in Hanover.

He also said there is no attempt to force out small planes in favor
of corporate jet business.

Freeholder Director John Murphy, who lives in Morris Township and
says he has been awakened by air traffic, said county and local
officials field many complaints about air noise.

"This is a big concern or ours and the citizens we represent," Murphy
said.

Hanover Mayor Ron Francioli, who headed the December delegation that
questioned airport operations, said the number of larger planes using
Morristown Airport has risen since the Sept. 11, 2001, terrorist
attacks, and that jet noise is plaguing residential communities on a
24-hour basis.

"It's not a local issue, but one that affects thousands of county
residents," Madison Mayor Jack Dunne said.

But Barkhauer and airport operations manager Kerry Ahearn yesterday
disputed some of the critics' facts. Using Federal Aviation
Administration data, they showed flights to and from the airport rose
slightly in the past decade, from 234,755 in 1993 to 236,339 last
year. Night flights, after 10 p.m., remained about 1 percent of the
airport operation, they said.

Noise complaints dropped by more than half since 1999, from 657 to
286 last year, according to FAA statistics they provided.

To reduce noise, Ahearn said the airport:

- Tweaked altitude levels to make planes and helicopters fly a little
higher.

- Urged pilots to fly over the local highway system.

- Limited jet engine maintenance "run ups" to 8:30 a.m. to 8 p.m.

- Charged a $350 departure fee on night departures by "stage one," or
older and noisier planes.

Also, they routinely discuss voluntary noise abatement procedures
with pilots, noted all newer planes based at the airport have quieter
engines, and are studying ways to alleviate noise complaints from
residential areas, possibly through a flight-pattern change after
takeoffs.

Freeholders John Inglesino and Margaret Nordstrom sought data about
nighttime noise complaints and the number of jet versus small-plane
flights at the airport, while Freeholder Jack Schrier had questions
about future development plans at the airport, which is wedged between
Columbia Turnpike, Route 24 and Route 10.

Barkhauer conceded there has been a "small increase" in corporate jet
use, but said quieter new jets should make little noise impact.
Looking out 10 years, Barkhauer speculated the amount of airport
traffic should not appreciably increase, but renovations to hangars,
the control tower and other airport structures should make it a more
modern facility.

The freeholders, who were invited to tour the airport operation, are
considering re-starting an airport advisory committee to help deal
with regional aviation problems.

* * *

Lawrence Ragonese works in the Morris County bureau. He can be reached
at lrag...@starledger.com or at (973) 539-7910.
Copyright 2003 The Star-Ledger.

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NJ SENATE ACTION TO PROTECT OCEAN FROM PCB's

Date: 030123
From: http://www.ahherald.com/

GROUP APPLAUDS SWIFT NJ SENATE ACTION TO PROTECT OCEAN FROM PCB's

BI-PARTISAN BILL ESTABLISHES STATE PCB STANDARD
FOR OCEAN DUMPING OF DREDGED MATERIAL

Atlantic Highlands Herald, 23 January 2003

Trenton - Clean Ocean Action (COA) praised the New Jersey Senate for
its quick action to stop ocean dumping of more polychlorinated
biphenyls (PCBs) off the coast of NJ with Senate Bill 1969 which has
been posted for a vote and is expected to pass the Senate today. The
bill establishes a state-imposed, enforceable PCB standard of 113
parts per billion (ppb) in worm tissue for dredged material for
transport or disposal in the ocean for remedial purposes. Senator
Joseph H. Palaia (R-11) led the effort by introducing the bi-partisan
bill with Senator John Adler (D-6) as the prime sponsor.

"Currently, the ocean is vulnerable to the disposal of toxic
materials due to the lack of standards for remediation materials,"
said Cindy Zipf, Executive Director of COA. "Today the Senate has
clearly worked to close this loophole, an important milestone for
empowering the State to protect the Jersey Shore. We commend Senators
Palaia and Adler for their swift and bi-partisan effort."

Senators Palaia and Adler immediately began crafting the bill to
establish the 113 value as a state standard in August 2002 after a
federal court decision in July struck down the 113 value as a federal
standard. Six months later, in one of the first sessions of the new
year, this bill is scheduled for a vote on the Senate floor today.
Senator Palaia dedicated the bill in honor of his father, Anthony
Palaia, an avid fisherman and long-time friend of the Jersey Shore.

The 113 PCB value was adopted in September 2000 in an unprecedented
agreement to ensure ocean protection as well as to meet dredging needs
of the port. The federal standard establishing the 113 value was
called into question in a lawsuit brought by a dredging company who
had been denied a permit to dredge and dump material exceeding the
federal 113 value at the Historic Area Remediation Site (HARS). In
July 2002, the federal District Court for the Southern District of New
York ruled that the 113 ppb value was established by the US
Environmental Protection Agency (EPA) without following proper
procedures as outlined in the Administrative Procedures Act. Following
this court decision, EPA initiated a formal rulemaking process in
October 2002 to properly establish 113 ppb as a final federal PCB
criterion for ocean dumping.

"The support for this bill has been tremendous and COA appreciates
all the assistance from the legislators and their staffs in continuing
the momentum on this issue," said Kirstin McPolin, Water Policy
Analyst for COA.

The swift action on the bill indicates a strong state interest in
ensuring that less PCBs get dumped off NJ's coast. If ultimately
enacted into law, the standard would provide the State Department of
Environmental Protection with an additional tool to ensure that only
material meeting the 113 standard is disposed at HARS, the former Mud
Dump Site, for its remediation.

* * *

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COMMERCIAL FISHERMEN TO JOIN WHALE PROJECT

Date: 030123
From: http://www.app.com/

By Paula Scully, Staff Writer, Ocean County Observer, 01/23/03

Barnegat Light - Area fishermen are being asked to help save the
whales.

At a recent National Marine Fisheries Service workshop at Barnegat
Light Volunteer Fire Co. No. 1, representatives Glenn Salvador,
fisheries liaison of the service, and Bob Bowman of the Center for
Coastal Studies in Providence, Mass., enlisted commercial fishermen to
help save whales by modifying their gear to prevent whales from
becoming entangled in gillnet or lobster gear, and by reporting any
whale entanglements.

Mayor Kirk Larson assured the officials of the fishermen's
cooperation.

"You have leaders of the commercial fishing industry here, and I am
mayor of the town," he said. "I can assure you you will get
cooperation here."

Viking Village dock manager Ernie Panacek added that commercial
fishermen are highly interested in preserving the fish and marine life
and this workshop was one more example of their interest in
conservation.

Right, finback, and humpback whales are considered endangered and are
protected by the Atlantic Large Whale Take Reduction Plan. Minke
whales are also protected.

In the workshop, Salvador discussed gear modifications that the
fishermen could make to help protect the whales, such as links that
break loose under a certain amount of stress.

Lobster gear has required modifications year-round in the mid-
Atlantic, and gillnet gear is required to have the modifications Dec.
1 through March 31.

"That's when whales would be transiting down the mid-Atlantic to
calving grounds off Georgia and Florida and returning in early
spring," Salvador said.

Commercial fisherman Kevin Wark of Barnegat light, a gillnetter whose
boat is the Dana Christine, said they encounter some whales on fishing
trips.

Gillnetters, using vertical nets of various types, fish close to
shore August to October and in the fall and winter fish 10 to 40 miles
off shore for monkfish. In the spring, they fish closer to shore from
April to perhaps the beginning of May and then travel back offshore in
June and July for bluefish and bonito.

Bowman concentrated on right whales in his talk because he said they
have the most imminent extinction date - 180 years.

"There are only 300 right whales left," Bowman said, "That's why
they're so important."

The right whale is a baleen whale. Baleen whales are filter feeders,
opening their large mouths, taking in water containing food and
forcing the water out of the mouth, trapping the food.

Instead of teeth, baleen whales have tightly packed fringed plates
that hang down from the upper jaws and are composed of keratin, a
protein compound that also makes up human hair and fingernails, Bowman
said.

A knotted rope can get stuck between the tightly packed plates of
baleen and, in many cases, can be impossible for a whale to remove,
allowing infection to set in.

Some whales also have been found with ropes wound around their fins
or bodies.

Bowman described successful and unsuccessful whale disentanglements,
most of which involved repeated attempts over several months.

Typically, whales are floated up by the rescue team so they can get
air and are tagged with a satellite tracking device because the
majority are not disentangled from gear the first day. None of the
whales are safe to approach.

Fishermen are asked to call the Coast Guard or Center for Coastal
Studies and stand by an entangled whale to make sure no one loses
sight of it before a disentanglement team can arrive.

Part of the Atlantic Large Whale Take Reduction Plan focuses on
critical habitat areas for whales. Two are off the coast of
Massachusetts. Another is off Georgia and Florida, where female whales
go to have their calves.

Ship strikes are a major killer of whales, Salvador said.

"We're working with ships to reduce these strikes, but that's another
issue," he said.

Salvador came to Barnegat Light because the service tries to focus on
places with the largest fishing areas for lobster and gillnet gear, he
said.

Rick Luedtke of Manahawkin of the Tracker II, a commercial fisherman
in Barnegat Light, Tim Kriegsmann of Barnegat from the Compromise, a
commercial fisherman in Barnegat Light, and Nelson Beideman, executive
director of the Blue Water Fishermen's Association, were among the
fishermen who attended the meeting.

Luedtke has served on two take-reduction teams for the National
Oceanic and Atmospheric Administration: one for the harbor porpoise
whose rules are now established and another for the bottlenose
dolphin, which is still going on. He said observers go out five or six
times a year on each boat.

Salvador said fishermen are highly interested in preserving the fish
and marine life because the habitat supplies their livelihood.

"Fishermen are always the biggest conservationists that we have," he
said.

* * *

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LET'S CREATE A NEW BAYSHORE

Date: 030123
From: http://www.ahherald.com/

OLD OAK TRAIL

By Joe Reynolds, AH Environmental Commission Member
Atlantic Highlands Herald, 23 January 2003

Towns and communities along Sandy Hook and Raritan bays have played
important roles in the growth of New Jersey's economy. In the mid-
1660s, the Bayshore region, due to its proximity to New York City, was
the first area to be settled by Europeans in Monmouth and Middlesex
counties, and the entire Jersey Shore.

In the 1700s, numerous docks and landings in present-day South Amboy,
Keyport, Keansburg, Middletown, and Atlantic Highlands sent farm goods
by sail to markets in New York City. By the 1800s, an oyster business
was booming in Keyport and a profitable pottery industry flourished in
South Amboy, Matawan, and Union Beach due to the abundance of clay in
local soils. Local streams and rivers also provided a ready supply of
power to operate local mills and furnished easy access by ship to the
city where goods could be sold worldwide.

The first railroad line in Monmouth and Ocean counties originated in
the Bayshore region in 1860 at Port Monmouth. By the late 1880s,
Atlantic Highlands had steady passenger service by steamship to New
York City to enable the region to grow and create some of the state's
first major tourist attractions at Keansburg and Highlands. Over the
years, Sandy Hook and Raritan bays have helped to serve as a catalyst
for economic growth along the Atlantic coast in New Jersey.

Today, bay waters are still an important instrument in generating
development in Monmouth and Middlesex counties. The Bayshore region
supports a variety of economic activities, such as the commercial
harvesting of shellfish, commuter ferry service to New York City,
military operations, tourism, and recreation.

Yet, economic activity and unplanned development has had its price on
the environment. Many local streams and creeks are not drinkable,
swimable or fishable. Many of the region's tidal and freshwater
wetlands have been drained, filled, or destroyed to create roads,
marinas, strip malls, and housing developments. The establishment of
dams in local waters block the natural flow of migratory fish, such as
herring, to spawn or reproduce.

Before the Clean Water Act became law in 1972, Bayshore industries
discharged into the bottom of the bay heavy metals and dioxin, and
many towns polluted the water with raw sewage. Years later, we are
still feeling the effects of this activity from polluted sediments
that contaminate shellfish populations.

The major source of pollutants entering bay waters now are from
ordinary people that use excess fertilizers, herbicides, and
insecticides on their property, and by people who dump motor oil,
grease, pet waste, toxic chemicals, or litter down stormdrains or on
the land. Rain or stormwater runoff will cause these human-generated
pollutants to move and be deposited in nearby rivers, wetlands, and
coastal waters.

If nothing is done or only modest efforts are made to control
pollution and stop unplanned, sprawling development, which is
associated with many sources of pollution, New Jersey will lose a
valuable and beautiful region for tourism, fishing, boating, and
recreation.

I believe the time is now to create a new Bayshore region for the
twenty-first century. It is time to give birth to a region that has
well-designed, wisely managed, and thoughtfully planned development
that changes without sacrificing the environment. It is time now to
integrate into the minds of our political leaders the idea of a
livable community based on the protection and enhancement of our
wetlands, waterways, and natural areas. We need to better manage
growth and defend our waterways if we are to preserve the unique
coastal environment in the Bayshore.

As Co-Chairperson of the Bayshore Regional Watershed Council, I am
seeking your help to protect and preserve, and cleanup our waterways.
Since 2000, the Council has been working to improve the physical
environment in the Bayshore region of Middlesex and Monmouth counties.
The BRWC is made up of volunteers, including citizens, scientists,
environmental commissioners, and municipal officials from a variety of
Bayshore communities.

Our goal has been and continues to be the restoration and
conservation of Raritan and Sandy Hook bays. This goal can only be
accomplished, however, through active public participation by people
in each Bayshore community.

The BRWC meets on the 2nd Thursday of each month at the Aberdeen
Township Municipal Building at 7:30pm. The building is located off
Church Street. Please join us or send an interested friend or family
member to our meetings. We need to work together to improve our
waterways for future generations to enjoy.

Get involved. The Bayshore is your shore. Let's protect it together!

- - -

Contact Joe Reynolds
sosa...@comcast.net

Lenape Woods Preserve
http://www.ahherald.com/atlantichighlands/lenprsvshots.htm

* * *

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JUDGE RULES OWNERS OF SUPERFUND SITE LIABLE FOR LEAKAGE

Date: 030123
From: http://www.philly.com/

By Tom Avril, Inquirer Staff Writer, Jan. 23, 2003

A federal judge found yesterday that the owners of a Cottman Avenue
Superfund site were liable for the leakage of thousands of gallons of
PCB-contaminated oil along the banks of the Delaware.

The decision on the so-called Metal Bank site marked the end of only
the first phase in a saga that has spanned 23 years.

Next on the docket is how much money the company and its parent, St.
Louis-based Union Corp., owe the government.

Both the U.S. Attorney's Office in Philadelphia and the companies'
attorney, John Mattioni, said they had not seen the case and declined
to comment on the outcome.

The site's owner, Metal Bank of America, declared bankruptcy in 1984
and ceased operations, which included the recycling of electrical
transformers.

During a lengthy trial, Mattioni argued that Union was not liable,
but Chief U.S. District Judge James T. Giles found otherwise
yesterday.

Metal Bank and Union contended the contamination was not nearly as
severe as claimed by the Justice Department and the U.S. Environmental
Protection Agency, and that much of it came from other sources.

They also claimed to have successfully cleaned up the site in the
early 1980s.

Giles disagreed.

He found that the site remains contaminated with thousands of gallons
of oil that contains PCBs, or polychlorinated biphenyls - believed to
be a carcinogen in humans - some of it apparently from a severe spill
in 1972.

Giles agreed with government experts that some of the PCB-laced oil
had escaped into the Delaware, contaminating wildlife.

The Delaware has been declared "impaired" by PCBs by Pennsylvania,
New Jersey and Delaware, according to Thomas Fikslin, head of the
modeling and monitoring branch at the Delaware River Basin Commission.

The commission, a multistate agency, is working to establish a
riverwide limit for the dangerous chemical, and has been studying
impacts from 92 permitted pollution sources as well as orphaned sites
such as Metal Bank.

Fikslin said the Metal Bank contamination was troubling because of
its location.

"The issue with Metal Bank is it's located right on the Delaware
River," Fikslin said.

* * *

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

SOUTHERN OCEAN LANDFILL REPORT EYED BY GROUP

Date: 030123
From: http://www.app.com/

By Don Bennett, Staff Writer, Ocean County Observer 01/23/03

Toms River - State environmental protectors will be getting more
information on past contamination at the Southern Ocean Landfill
caused by a flood of liquid septage in the mid-1970s.

Envirowatch, an environmental group headed by Thomas Cervasio, the
former head of Ocean County's Solid Waste Advisory Council, challenged
the accuracy of the background of the dump in the Pinelands that is
included in a remedial investigation now being reviewed by the DEP.

"Our organization questions the accuracy of the report," Cervasio
wrote in a letter to Freeholder Joseph H. Vicari.

Envirowatch objects to what it says are omissions in the remedial
background report that was prepared by Sadat and Associates, Trenton,
on behalf of the county, which concluded county and state records were
inadequate to determine the "actual waste types and volumes accepted
at the site and verify previous allegations regarding whether the
Southern Ocean Landfill accepted unapproved steams of waste."

The consultant's report added that a 1977 investigation by the DEP,
requested by the county Board of Health, concluded that there was "no
evidence that hazardous or toxic waste were disposed of at the SOLF
during 1977."

But Cervasio disagreed, citing reports of a 1977 study critical of
millions of gallons of septage and liquid sludge going into 16
landfills that was authored by Dr. Marwan Sadat, when he was project
director of the Office of Sludge Management for the DEP. Sadat's
summary of 1975 conditions at the Southern Ocean Landfill included
groundwater tests that showed high levels of barium, chromium,
selenium, silver and manganese, biological and chemical oxygen demand,
and phenols in the groundwater.

Sadat founded his consulting company, Sadat and Associates in 1986.

County Planning Director Alan W. Avery Jr. said he will forward the
1977 conclusions and other information provided by Envirowatch to the
DEP.

"Obviously we want the report to be as accurate as possible," Avery
said.

"But I'm interested in current conditions," Avery added, saying they
are what will shape what has to be done to finally cap the landfill
the DEP ordered shut in 1988.

Current groundwater tests show elevated levels of some substances,
but nothing that would require treatment to remove, Avery said.

The county has received $15 million to cap the unlined part of the
landfill.

Bids for implementing that plan will be received Jan. 28, Avery said.

In objecting to the remedial investigation report, Envirowatch cited
omissions in the report, including the 1977 DEP study, and statements
made in the 1980s by the Ocean County Health Department and the Ocean
Township Health Department.

According to 1977 report, the DEP said sludge was pouring into the
dump at a rate of nearly a million gallons a month in 1977, while
little solid waste was being received.

Without enough trash to sop up the liquid waste, it sat in big
lagoons until the liquid seeped into the ground, creating a big stink.

In 1977, the rate of septage had increased since 1975, when 2.8
million gallons were received, because of the closing of the Kin-Buc
landfill.

Envirowatch also pointed to a 1980 plea from the Ocean County Health
Department for a DEP probe of the "overloading of the landfill with
this waste" saying it could "create substantial contamination to
surface and ground waters."

Ten months later, officials in Ocean Township, where the dump is
located, objected to the amount of septage.

"This board is committed to preventing another Love Canal or Legler
situation," said Linda Aaronson, then the township Board of Health
president, in a letter to the DEP.

Legler was a dump operated by Jackson Township where similar dumping
took place, fouling the wells of neighbors, who recovered more than
$13 million in a landmark environmental lawsuit.

Avery said a private contractor is capping the lined part of the
dump, where the groundwater was protected from leachate created by
water washing through the accumulated trash and sludge.

The $15 million will be spent to cap the larger, unlined part of the
dump to seal off what is buried there from the rain, reducing the
amount of leachate that will be created.

Some of the money will be used for post-closure activities at the
dump.

Sen. Leonard T. Connors, R-9th, got the funds approved last year,
ending years of disagreements over who was responsible for closing the
privately-owned dump, whose owner has no money left to do that work.

* * *

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

NEW ENGLAND JOURNAL OF ENVIRONMENTAL EDUCATION

Date: 23 Jan 2003
From: Louisa Carl {lc...@aei-audubon.org}

NEW ENGLAND JOURNAL OF ENVIRONMENTAL EDUCATION
CALL FOR SUBMISSIONS AND GUIDELINES FOR AUTHORS

The New England Journal of Environmental Education is published twice
a year by the New England Environmental Education Alliance, written
for practicing environmental educators: teachers, naturalists, program
developers and administrators. The Journal explores the state of the
field and debates the issues facing environmental education. It takes
an informal, wide ranging approach to EE, with a goal of placing our
daily experiences of environmental education in a broader perspective.

We invite all environmental educators to submit articles. Let your
writing reflect your own voice and style. We don't want the Journal to
read like a strictly academic publication. Sources or references are
not required, but if you use them, place them at the end of the piece,
with complete bibliographic information.

If you like, send us a one-page query that discusses the proposed
topic, a summary of the content and shows the slant that the article
will take. We also encourage illustrators to contact us regarding
submissions or ideas for the cover and inside pages. Submissions will
be reviewed by the editorial board. If accepted for publication, the
editors will contact the author with comments and suggestions for
changes, if any. We reserve the right to edit all material for length,
clarity and grammar. Submissions should be well written, interesting,
useful and something that environmental educators in New England will
want to read and save. Articles should be concise and fit within our
space limits, no more than 3,000 words. Most articles published are
1,500 to 2,000 words. Articles need to be submitted via an email
attachment. Please use Word or Text files.

If a submission is accepted, it is with the understanding that it has
not been previously published or simultaneously submitted for
publication elsewhere. Authors will retain the copyright to their
material for future publication. As a nonprofit environmental
education organization (you know what it's like), we don't have the
means to offer payment to contributors. Writers of feature articles
will receive four copies of the issue.

Submissions are accepted on a rolling basis. Please visit our website
at http://www.neeea.org or contact any member of the NEJEE editorial
board: Kim Noyes (noy...@nu.com), Louisa Carl (lcarl@aei-
audubon.org), or Drew Dumsch (dr...@fbes.org).

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

THREE FORUMS - STORMWATER PERMIT & MANAGEMENT RULES

Date: 23 Jan 2003
From: Laura Alex {la...@thewatershed.org}

Save the Date for Three Upcoming Forums to Learn More About:

STORMWATER PERMIT & MANAGEMENT RULES

All Three Events Are Free

The newly proposed (Jan 2003) stormwater rules hope to provide a
comprehensive regulatory tool to address stormwater runoff quality and
quantity control, nonstructural stormwater management strategies and
maintain groundwater recharge. Three workshops have been organized to
provide opportunities to (1) provide an understanding of the proposed
rules, (2) hear a variety of view points from technical leaders; and
(3) allow you to submit thoughtful and constructive comments to the
NJDEP during this 60-day comment period, ending March 7, 2003.

Please visit the Stony Brook-Millstone Watershed Association's
(SBMWA), the Watershed Institute's calendar,
http://www.thewatershedinstitute.org, for updated information on our
upcoming workshops.

The forums are scheduled for:

Tuesday, February 4th
STORMWATER RULES OVERVIEW

Friday, February 14th -
NJ'S NEW STORMWATER REGS - GET UP TO SPEED FAST!

Saturday, March 1st
THE WATERSHED FORUM ON STORMWATER

Details are found below:

The Natural Lands Network and the Watershed Institute, programs
within the Stony Brook-Millstone Watershed Association, are sponsoring
the February 4th event. SBMWA and the Delaware Riverkeeper Network
(DRN) are cosponsoring the forums on February 14th and March 1st.

DRN has compiled a comprehensive look at the regulations and
implementation techniques. DRN has actively participated in the
creation of NJDEP's stormwater regulations recommending groundwater
recharge, addressing stormwater quantity and quality management, and
protection of floodplains. Established in 1988 they work throughout
the entire Delaware River watershed (NJ, PA, NY, DE), for more
information please visit their web site:
http://www.delawareriverkeeper.org/.

The Stony Brook-Millstone Watershed Association educates residents
about the natural environment, and works with citizens and local
communities through the Natural Lands Network to help balance
decisions of land use, preservation and environmental aspects
associated with growth. The Watershed Institute seeks to enhance a
vibrant network of citizen based watershed organizations throughout
New Jersey that are engaged in protecting precious water resources and
natural lands. For more information regarding SBMWA please visit their
web site: http://www.thewatershedinstitute.org.

The First Forum:
STORMWATER RULES OVERVIEW
Date: Tuesday, Feb. 4, 2003
Time: 4:00 pm - 7:00pm (registration begins at 3:30 pm)
Location: Hilton East Brunswick (3 Tower Center Blvd, East Brunswick,
NJ)
Description: NJDEP representatives will provide an understanding of
the two new proposed stormwater rules. This event is free and
refreshments will be provided.

The Second Forum:
NJ'S NEW STORMWATER REGS - GET UP TO SPEED FAST!
Date: Friday, Feb. 14, 2003
Time: 9:30 am - 4:30 pm
Location: Delaware River Basin Commission's Public Hearing Room (25
State Police Drive, West Trenton, NJ). Directions for DRBC:
http://www.state.nj.us/drbc/drbcloc.htm
Description: This forum will help get folks up to speed on the NJ
stormwater regulations, what they include, what opportunities they
raise, and how to implement them. The session is free (with a free
lunch for those who pre-register).

The Third Forum:
THE WATERSHED FORUM ON STORMWATER
Date: Saturday, March 1, 2003
Time: Open to the public from 9:00 am - 12:00 pm
Closed Sessions for watershed associations from 1:00 pm - 3:30
Location: Trenton War Memorial (Lafayette Street, Trenton, NJ)
For directions visit the War Memorial's web site:
http://www.thewarmemorial.com/
Description: The morning workshop will include a panel discussions on
technical implementation, permit requirements, and roles for watershed
groups. This event is free and refreshments will be provided.

* * *

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

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

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PINELANDS SHORT COURSE - MAR 1

Date: 030121
From: http://www.state.nj.us/

ON-LINE REGISTRATION AVAILABLE FOR MARCH 1st SHORT COURSE

New Jersey Pinelands Commission, January 21, 2003

New Lisbon - Offering 19 fascinating subjects to chose from, the 2003
Pinelands Short Course is just a click away. This year, the Pinelands
Commission and Richard Stockton State College are offering quick and
secure Internet registration for this annual event, which attracts
Pinelands enthusiasts and scholars from across New Jersey and the
surrounding region. The 14th Annual Short Course will be held on
Saturday March 1, 2003 at Stockton's Campus in Pomona, Galloway
Township, Atlantic County.

"The short course is a great way to learn about many aspects of the
Pinelands environment, protection efforts as well as Pinelands
culture, folklife, recreation, history and economics," said Pinelands
Commission Executive Director Annette M. Barbaccia. "Now, on-line
registration makes it all the easier to sign up for this tremendous
learning experience," Barbaccia added.

The Pinelands Short Course is open to anyone interested in expanding
their knowledge of the unique Pinelands region. Experts on a wide
range of Pinelands issues will present workshops on 19 topics during
28 sessions. Advance registration is $35.00 for adults, $25.00 for
senior citizens (65 and older), and $15.00 for students.

To register, visit the Pinelands Commission website at
http://www.nj.gov/pinelands and click on the Short Course message at
the top of the home page to link to Stockton's Pinelands Short Course
website. Conventional registration is also available through postal
mail. To receive a registration brochure with a complete course
listing and directions, call the Pinelands Commission Public Program
Office at 609-894-7300.

New workshops for 2003 include Pinelands Ethnobotany, an examination
of how people of the Pinelands, throughout history, have used plants
for food and medicinal purposes. Another session will present native
plants that are worthy for use as ornamental landscape plants by
Pinelands homeowners. Planning for Growth: Applying Lessons from the
Pinelands Excellence Program, will discuss how the Pinelands
Commission is working with regional growth communities to better
address the challenges of planning for and absorbing growth. Yet
another new workshop will delve into the rich history of Whitesbog,
the birthplace of the cultivated cranberry.

Some long-time favorite workshops will also be returning this year,
including Pinelands Frogs and Toads which covers many native species,
their distribution, habitat, breeding and vocalizations.

The Pinelands Commission is a registered New Jersey Professional
Development Provider. Professional development certificates will be
available to New Jersey teachers who attend the course.

- - -

Contact: Francis Rapa
Phone: 609.894.7300
Email: in...@njpines.state.nj.us

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

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

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

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

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