Cleanup site owner: Does your LSRP have your back?

In an article in the March 4, 2013 edition of the New Jersey Law Journal, attorneys
Jeffrey M. Casaletto and Edward A. Hogan caution that New Jersey’s revised site remediation program, which utilizes the Licensed Site Remediation Professional (LSRP), changes the dynamic of how the interest of a person or company responsible for a site cleanup is represented.
"The design of the old site remediation program required that the attorney and the environmental consultant coordinate and cooperate to best advocate the client’s interests. Rarely was there a clear distinction between these players as to which was applying case law, technical rules and regulations, statutes and guidance documents to advance the client’s site remediation plan. This blurred line was never an issue since these players were working on the same team to achieve the same goals. "Enter SRRA [the Site Remediation Reform Act], which replaced and redefined the players and their roles in performing site remediation by creating the LSRP. At first glance, the LSRP role might not appear to be any different from the role of the environmental consultant in the old site remediation program. Upon closer examination, however, nothing could be further from the truth. The LSRP is not an advocate of or for the client’s interest." The full article is available, with permission, at: The New Dynamic of Site Remediation in N.J.

Casaletto and Hogan are members of the environmental law group at Norris, McLaughlin & Marcus, P.A.in Bridgewater, NJ.

Related environmental articles:
New Jersey’s LSRP Program: Challenges, Lessons Learned
New Jersey’s LSRP Program is on the Road to Success
Wetlands Associated With Site Remediation

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Opponents pack hearing on fracking in Pa state forest

Cleanup site owner: Does your LSRP have your back? Read More »

Opponents pack hearing on fracking in Pa state forest

Attendees express opposition to drilling – StateImpact photo
All of the more than 300 people who attended last at last night’s public meeting at Lycoming College in Williamsport, Pa. spoke in opposition to a proposal, under review by the state Department of Conservation and Natural Resources (DCNR), for natural gas exploratory drilling in Loyalsock State Forest.
DNCR Secretary Rick Allan and other officials addressed issues surrounding the Clarence Moore Lands in northern Lycoming County where Anadarko Petroleum Corp. owns half of the subsurface oil and gas interests on the 25,000-acre tract and Southwestern Energy Corp. is believed to hold the lease for the other half of the property.
The industry’s plan reportedly calls for the installation of  26 well pads, and four compressor stations over a 25,000 acre swath known as the Clarence Moore lands.

Many who spoke expressed concerns about drilling near Rock Run, an exceptional value stream and trout fishery running through the state forest.

Gary Metzger, of the Lycoming Audubon Society, said drilling is simply not compatible to the wild land. "It’s industrialization of rural Pennsylvania," he said. "You can’t safely drill in Pennsylvania. Exercise your control on those 18,000 acres."

Jeff Schmidt, director of the state Sierra Club, said DCNR should consider tapping the state’s oil and gas fund to purchase the mineral rights.

Allan stressed that Anadarko’s plans are still preliminary and have not been approved. But he also said there are no plans for additional public meetings.

Related environmental news stories:
Many at public hearing plead to keep state forest drill-free-Sun Gazette 
Drilling Opponents Pack DCNR Meeting On Loyalsock State Forest – StateImpact  
Hundreds turn out in opposition to Pa. drilling – Observer-Reporter

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Opponents pack hearing on fracking in Pa state forest Read More »

Environmental bills in committee today in Harrisburg

Capitol in Harrisburg 

Members of the House Environmental Resources and Energy committee were
scheduled to meet at 9 a.m. today in Room 39, East Wing, to consider two bills.

HB 343 (Ron Miller, R-93) would authorize the Environmental Quality Board to establish statewide private well construction standards through the adoption of rules and regulations
of the DEP that are generally consistent with the National Groundwater Association construction standards.

 
The sponsor notes that some 20,000 new water wells are drilled each year in Pennsylvania, but the Commonwealth is one of the few states without private well regulations. More than
3 million Pennsylvanians rely on about 1 million private wells for drinking water.  Improperly constructed water wells can lead to poor water quality by providing pathways for bacteria and contaminants such as naturally occurring shallow methane gas to migrate into water supplies.  Ensuring that the well is constructed properly from the start will help to prevent water quality problems in the future.

Miller notes that his legislation would establish construction standards, including the decommissioning of abandoned wells, to be followed by water well drillers and owners.
He stressed that the legislation does not require the metering of homeowner wells. 

HB 1414 (Garth Everett, D-84) aims to assist landowners in obtaining information from gas operators pertaining to deductions from royalty check pay stubs.

The sponsor says that Pennsylvania law, currently, does not require gas operators to list all deductions from monthly payments to royalty owners. The bill would require natural gas operators to show on each stub, attachment to a payment form, or other remittance, specific information concerning the amount of the royalty and any deductions.

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Solar’s savings not adding up for some NJ schools
PADEP considers expansion of Lake Erie coastal zone 
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Environmental bills in committee today in Harrisburg Read More »

EPA finalizes lead cleanup plan for Raritan Bay NJ site


                                             Posted notice of health risks at Raritan Bay Superfund site  – NJ.com photo 
EPA regional administrator Judith Enck announced today that the USEPA has finalized a plan to clean up lead contamination at the Raritan Bay Slag 
Superfund site in Old Bridge and Sayreville, NJ.

The remediation will be conducted in three sectors that contain lead slag, a byproduct of metal smelting. The lead slag was used to construct a seawall in the 1960s and a jetty
along the southern shore of the Raritan Bay
 in Old Bridge and Sayreville.

The first sector includes the Laurence Harbor seawall adjacent to the Old Bridge Waterfront Park in the Laurence Harbor section of Old Bridge Township.The second sector consists of the western jetty in Sayreville and extends from the Cheesequake Creek Inlet into Raritan Bay.The third sector is approximately 50 acres of Margaret’s Creek and has elevated lead levels along with areas of slag and battery casings.

The estimated cost of the cleanup plan is $79 million.

The EPA explained in a news release that:

For both the Laurence Harbor seawall and the western jetty sectors, contaminated soil, sediment and waste including slag and battery casings will be dug up or dredged, and the material will be disposed of at facilities licensed to handle hazardous waste. Excavated areas will be restored with clean material.

 Within the Margaret’s Creek sector, the EPA will remove slag and battery casings, along with areas of contaminated soil associated with these materials. Clean material will be placed as needed in the excavated areas. Throughout the cleanup, monitoring and testing will be conducted to ensure that public health and the environment are protected. 

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The
NJ/NY Baykeeper, which had served on an EPA advisory committee for the site, supported the federal decision.  In a news release, the environmental organization said:

"EPA’s recommended plan best protects the health of local residents and the many people who fish, boat and recreate along this stretch of Raritan Bay.  It also protects the rich diversity of waterfowl, songbirds, fish and other wildlife in the area from ingesting these toxins and moving them up the food chain.  It removes and properly disposes of lead and other contaminants that otherwise NL Industries, which is responsible for this contamination, has pushed hard for a quick, cheap plan to pile and cover contaminants on-site along the Margaret’s Creek floodplain. Such a plan threatens the environment with re-contamination and the property values of local residents who would end up living adjacent to a toxic dumpsite."

“Lead can cause serious health problems, especially in young children, which makes it so important to clean up this area where children regularly play,” Enck said. “The cleanup plan announced today is a major step that brings us closer to a restoration that will make it possible for everyone to enjoy the beach safely. No one should have to worry about being exposed to toxic substances when they visit a public beach.” 

More information on EPA’s Raritan Bay Slag Superfund Site can be found here

EPA finalizes lead cleanup plan for Raritan Bay NJ site Read More »

U.S. Senator Frank Lautenberg, an environmental champion from New Jersey, dies in fifth term, at 89


The ever-combative Frank Lautenberg, who fought big business, stomach cancer, New Jersey Republican Governor Chris Christie, and sometimes his Democratic colleagues as well, succumbed this morning to complications from pneumonia.

Obituaries and reactions from political figures started hitting the Internet a short while after the announcement and will continue to mount in the days ahead.

Here is a sampling of the early reactions.

New York Times 
Frank R. Lautenberg, who fought the alcohol and tobacco industries and promoted Amtrak as a five-term United States senator from New Jersey, died on Monday morning in Manhattan. He was 89.  His death leaves a vacancy in the Senate that will be filled by Gov. Chris Christie of New Jersey, a Republican. If he appoints a Republican, as expected, his party will hold 46 Senate seats while the Democrats’ number will drop to 52. Two independents caucus with the Democrats. Mr. Lautenberg was the Senate’s last surviving veteran of World War II.

First elected in 1982 at age 58 after a successful business career, Mr. Lautenberg served three terms, retired and instantly regretted the decision. When Senator Robert G. Torricelli made a last-minute decision not to seek re-election in 2002, Mr. Lautenberg ran in his place and won the seat. He was re-elected in 2008.
Never a flashy senator — his colleagues Bill Bradley and Mr. Torricelli got more attention — Mr. Lautenberg acquired influence on the Appropriations Committee and had a consistently liberal voting record. Americans for Democratic Action said he had voted liberal 94 percent of the time.


Bergen Record – Politics 

Environmental regulation and transportation were centerpieces of the five-term liberal’s political career, which began when the co-founder of payroll-processing giant Automatic Data Processing won an open Senate seat in 1982. “There was no greater champion for protecting children from toxic chemicals than Senator Frank Lautenberg," said Gene Karpinski, president of the League of Conservation Voters. “There was no greater champion for protecting children from toxic chemicals than Senator Frank Lautenberg."
A fierce partisan, Lautenberg also worked with Republicans when there were shared New Jersey interests at stake. "I often looked to partnering with Senator Lautenberg on critical issues for our state, whether it was fighting to keep the [Federal Aviation Administration] Technical Center and the Coast Guard Training Center in South Jersey or protecting beach projects vital to our coastal communities," said Rep. Frank LoBiondo, R-Ventnor. "I was proud to call Frank Lautenberg a friend.
 


Bergen Record – Sports 

Lautenberg was a Patersonian and the son of impoverished eastern European immigrants. But Lautenberg managed to attend Seton Hall and Columbia, getting a degree in economics in the latter. Then in the early 1950s, Lautenberg teamed up with a pair of brothers who also were from Paterson – Henry and Joseph Taub, who later became two of the “Secaucus Seven” who owned the New Jersey Nets for 20 years until the late 1990s. The Taubs founded a company that you may know today as the multi-billion dollar payroll firm Automatic Data Processing.


But in the fledgling days, the Taubs needed a good salesman to promote the product. That man was Lautenberg.
The company’s sales volume quickly exploded, making the Taubs and Lautenberg quite wealthy. As The Record’s story notes, a $90,000 contribution to George McGovern’s Presidential campaign – a huge sum in those days – landed Lautenberg on President Nixon’s enemies list.

Lautenberg also attended Eastside High School with another gentleman who would achieve memorable success – Larry Doby, the first African-American player in American League baseball history in 1947, just months after Jackie Robinson’s debut with the Brooklyn Dodgers in the National League.
When Doby passed away 10 years ago this month, his friend Lautenberg recalled that Doby “just wanted to play baseball” more than being a pioneer. Yet Doby also became the second African-American major league manager in 1978.

National Journal 
Lautenberg had frosty relationships with other Garden State Democrats. Earlier this year he publicly rebuked Booker for signaling that he would run for the Senate before Lautenberg had decided whether to retire. "He’s got a lot of work to do—a lot of work that should have been done and hasn’t been done," Lautenberg told National Journal earlier this year. Lautenberg later announced he would retire.
A clash between Lautenberg and Torricelli at a Democratic caucus meeting spilled into the headlines in 1999 over Torricelli’s indirect support for a possible campaign by Republican Christine Todd Whitman. Democrats who witnessed the exchange were "stunned," reported the Philadelphia Inquirer. Torricelli directed profanity toward Lautenberg, and their relationship never recovered, according to reports. So in 2002, when Torricelli became the subject of an ethics investigation and state Democrats sought a candidate to replace him on the ballot, Lautenberg put his name forward, and went on to defeat Republican Doug Forrester.
Lautenberg also campaigned aggressively against Rep. Rob Andrews in the Democratic primary in 2008, dismissing claims that he was too old to serve and hitting Andrews for supporting the Iraq war. Lautenberg won handily, 59 percent to 35 percent.
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As the longest-serving senator in New Jersey, with a career spanning some 30 years, Lautenberg was the oldest member of the Senate. He had been struggling with health issues for months, citing flu and bronchitis.Lautenberg announced in February that he would not seek a sixth term in 2014, and said he would instead focus on “a two-year mission to pass new gun safety laws, protect children from toxic chemicals and create more opportunities for working families in New Jersey.” In recent months, he worked to pass a ban on assault weapons and high- capacity magazines in the wake of the mass shooting in Newtown, Connecticut. He also forged a bipartisan bill addressing regulation of chemicals used on household products.
NJ Democratic Gubernatorial Candidate Barbara Buono
“I am deeply saddened to hear of the passing of Frank Lautenberg. Senator Lautenberg exemplified the American spirit and his commitment and devotion to the country he loved was unmatched. He always answered the call to serve – first as a soldier in the United States Army during World War II and later as Senator in the United States Senate representing the people of New Jersey. Senator Lautenberg always stood up for the principles he believed in and fought everyday to improve the lives of everyday New Jerseyans. Frank Lautenberg was an American hero and an icon in New Jersey, and he will be sorely missed. My thoughts and prayers are with the Lautenberg family during this difficult time.”

NJ Gov. Chris Christie

"It’s no mystery that Senator Lautenberg and I didn’t always agree. In fact, it probably is more honest to say we very often didn’t agree, and we had some pretty good fights between us over time – battles on philosophy and the role of government, but never was Senator Lautenberg to be underestimated as an advocate for the causes that he believed in and as an adversary in the political world.
"I think the best way to describe Frank Lautenberg in the way he would probably want to be described to all of you today is as a fighter. Senator Lautenberg fought for the things he believed in and sometimes he just fought because he liked to.  He always reminded me that he was a kid from Paterson whose father died at a very young age, who served in the military and served his country, and then built a business which he was extraordinarily proud of, just as proud of his time at ADP as he was of his many years, nearly thirty years, in the United States Senate, and so today is a sad day for the people of New Jersey.


NY/NJ Baykeeper
We are feeling the loss of Senator Lautenberg who was always a champion of the environment and took Baykeeper’s fight for clean water in the NY/NJ Harbor very seriously. We will miss a dear ally and statesman.

NJ Audubon

Today NJ lost a tremendous environmental champion and advocate with the passing of Senator Frank Lautenberg. Our condolences go out to his family and many friends. We remember and will honor him by working to carry on his legacy of preservation, vital conservation initiatives, protection of our natural resources and love of birds and all wildlife.

NJ Sierra Club
The New Jersey Sierra Club is deeply saddened to hear about the loss of Senator Lautenberg. Our prayers and wishes go out to his family during this hard time. The death of Senator Lautenberg is a tremendous loss to the people of New Jersey and the United States. Whenever you travel around New Jersey Senator Lautenberg has not only worked to make our air cleaner and our water safer, but when you see a superfund site being cleaned, a clean beach or important open spaces like the Wallkill Wildlife Refuge that is Frank Lautenberg’s legacy.


U.S. Senator Frank Lautenberg, an environmental champion from New Jersey, dies in fifth term, at 89 Read More »

Questions about fracking in a Pa forest? Ask 'em quickly

Waterfall at Rock Run in the Loyalsock Forest  Photo: Lindsay LIzarsksi WHYY/Newsworks

Who owns the rights to drill/frack for natural gas in Pennsylvania’s Loyalsock State Forest? How much fracking is the state preparing to allow? What are the potential damages to the forest, groundwater, surface water? Birds and other wildlife? How much will drilling companies be required to pay to build their roads, drilling pads and rigs, gathering lines and compressor stations it? Where will the money go?

These are just some of the questions that residents of Pennsylvania might have. So far, answers have been few because negotiations between the state and Anadarko Petroleum have largely taken place behind closed doors–a fact protested by environmentalists and editorial writers.

In response, the state’s Department of Conservation and Natural Resources (DCNR) has scheduled a single public hearing to be held between 4 p.m. and 6 p.m., Monday, June 3,
at Lycoming College in Williamsport, Pa.

Photo: Lindsay LIzarsksi WHYY/Newsworks

In a news release, the DCNR says that the meeting will begin with a short power-point presentation about the Loyalsock situation by Marcellus Program Manager Arianne Proctor. Questions will be answered by Secretary Allan, Proctor and State Forester Dan Devlin.

Following the question and answer session, participants will be offered the opportunity to make comments with a five-minute time limit. 

Why just one, two-hour meeting? Why is it being conducted at a time of the day when many are at work?  Why so little time for the public to speak?

Anyone else got the sense that this is a less-than-genuine effort to solicit public opinion?

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We recommend FracTracker‘s valuable backgrounder Controversy in the Loyalsock. Be sure to scroll to the bottom for a map. Like most pictures, it’s is worth a thousand words. If you click on the full-screen link, you can select the map’s legend to see where all the proposed well pads, lines and roads would be located. It gives you a visual sense of the scope and potential impact of the undertaking.

Not that you need to worry. The governor and the DCNR’s got your back. And you’ve got your five minutes. Make the most of them.

Care to tell us here what you think? Feel free to do so in the comments box below.
If one is not visible, activate it by clicking on the tiny ‘comments’ line.

Related environmental news stories:
Focus of fracking fight shifts to Loyalsock State Forest 
DCNR to hold meeting on potential gas drilling in Loyalsock State Forest
Lovers of Pa.’s Loyalsock Forest Fight to Limit Drilling There


Our latest posts: 
EPA finalizes lead cleanup plan for Raritan Bay NJ site
NJ Senate panel urged to move bill closing local landfill

Solar’s savings not adding up for some NJ schools 
PADEP considers expansion of Lake Erie coastal zone
DRBC publishes online commission meeting highlights


Questions about fracking in a Pa forest? Ask 'em quickly Read More »