LSRP president responds to NJ site cleanup controversy

We stuck a stick in the hornets nest with our post on New Jersey’s contaminated site-cleanup program (NJ headline: ‘Polluters rewriting rules for site cleanup’).

The piece prompted 15 comments from readers, resulting in an interesting discussion of New Jersey’s Licensed Site Remediation Professionals (LSRP) program, and other issues.

Today, we continue the conversation with the post below from Nick DeRose who is president of the
NJ Licensed Site Remediation Professionals  Association. He also is a senior principal at  Langan Engineering and Environmental Services, Inc.

Nick DeRose

Nick writes:

I would just like to comment that the full story of the NJ Site Remediation Reform Act (SRRA) is rarely explained.

In addition to establishing the LSRP program – SRRA established ‘an affirmative obligation for responsible parties to remediate with or without input from NJDEP.  Consequently – when the new regulations were adopted, NJDEP established a series of time frames that Responsible Parties (RPs) must meet or face fines or having NJDEP take over their sites.

These included new timelines requiring a prioritized focus on ensuring that actual risks to receptors (potable wells and indoor air) were evaluated for all sites.  This resulted in a significant increase in the pace of work on these sites which, in turn, has resulted in an increased protection to the public.
It also put an end to New Jersey’s voluntary cleanup program which is contrary to what has prevailed in other states across the US. This has to be viewed as a major pro environmental major piece of legislation.

Regarding the concern that LSRPs are the ‘fox in the hen house,’ I can only say that the prevailing sentiment I experience with my clients is a concern that LSRPs will be overly conservative.  And the fact that less than 5% of sites have ‘opted into’ the LSRP program in the first 2 years of the program does not suggest that folks are anxious to run into the arms of LSRPs. 

Regarding all of the NJDEP committee meetings.  I would advise pro environmental advocates to prioritize those committees that you want to get involved with.  NJDEP will be proposing revisions to the Technical Requirements for Site Remediation in July.  This is where I would focus my efforts including understanding why the revisions are being made and educating your constituents in order to provide credible and meaningful input.

As always, we encourage you to share your opinion. Use the comment box below. If one is not visible, click on the tiny ‘comments’ line. We appreciate signed comments but also accept communications from you shy, ‘anonymous’ types. P.S. If you encounter a problem in posting your comment, please let us know.

Related:
NJ headline: ‘Polluters rewriting rules for site cleanup’

What do you want from NJ’s LSRP program?
LSRP Program a “New World Order” for Site Remediation in NJ

LSRP president responds to NJ site cleanup controversy Read More »

Environmental bills set for vote Thursday in NJ Senate

New Jersey’s upper house has scheduled votes Thursday on environmental legislation addressing historic structures, final site plan approvals in smart-growth areas, “Jersey-Fresh” agricultural products and appropriations for Green Acres and Blue Acres acquisitions and developments.

Here’s the lineup:

A-763 DiMaio, J. (R-23); Riley, C.M. (D-3)
Establishes program authorizing lease of historic buildings and structures in State parks, forests, and wildlife management areas.
Related Bill: S-2570

S-483 Lesniak, R.J. (D-20); Coutinho, A. (D-29); Quigley, J.M. (D-32); Wagner, C. (D-38)
Expands availability of general development plan approvals and long-term vesting of preliminary and final site plan approvals in Smart Growth areas.
Related Bill: A-3295

S-1356 Oroho, S.V. (R-24); Van Drew, J. (D-1)
Encourages purchase of “Jersey Fresh” and other NJ agricultural products by State agencies, departments and facilities.
Related Bill: A-2342

S-2570 Doherty, M.J. (R-23); Van Drew, J. (D-1)
Establishes program authorizing lease of historic buildings and structures in State parks, forests, and wildlife management areas.
Related Bill: A-763

S-2857 Codey, R.J. (D-27); Doherty, M.J. (R-23)
Appropriates $84,495,199 from “2009 Green Acres Fund” and “Garden State Green Acres Preservation Trust Fund” for local government open space acquisition and park development projects.
Related Bill: A-4052

S-2858 Greenstein, L.R. (D-14); Kean, T.H. (R-21)
Appropriates $14,818,787 from “2009 Green Acres Fund” and “Garden State Green Acres Preservation Trust Fund” for grants to certain nonprofit entities to acquire or develop lands for recreation and conservation purposes.
Related Bill: A-4051

S-2859 Gordon, R.M. (D-38); Beck, J. (R-12)
Appropriates $45 million from “2009 Green Acres Fund” and $12 million from “2009 Blue Acres Fund” for State acquisition of lands for recreation and conservation purposes, including Blue Acres projects.
Related Bill: A-4050

Gov: NJ’s pulling out of climate-change compact, RGGI

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Care to add your two-cents’ worth?

Tuesday’s post NJ headline: ‘Polluters rewriting rules for site cleanup’ has set off
a lively (sometimes even enlightening) exchange of opinions on:

  • the New Jersey DEP’s site cleanup program
  • the legitimacy of the state’s new Licensed Site Remediation Professionals
  • whether reporters are biased in reporting environmental stories…and more.

We recommend that you check it out and chime in with your opinion.

Oh, and this, too: If you haven’t already received it in your email, you also might want to take a look at our updated Enviro-Events Calendar You’ll find it to be a great resource for environmental education and social and networking opportunities. 

Gov: NJ’s pulling out of climate-change compact, RGGI

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Corbett attaches conditions to possible gas-drilling fee

Speaking to members of the Chamber of Commerce in Philadelphia yesterday, Pennsylvania Governor Tom Corbett said he would consider signing legislation imposing an impact fee on natural gas drillers – but only after his Marcellus Shale commission finished studying how a fee might affect drilling operations. And only if the revenue goes to local communities most affected by drilling, not to the state’s general fund controlled by the legislature.

This will not be welcome news to legislators sponsoring bills that would use portions of a drilling fee to fund the state’s Growing Greener program and for environmental cleanups,
water and sewer infrastructure, impacted state highway improvements and other uses.
[See: Pennsylvania moving slowly toward a tax on natural gas]

Gov. Corbett Gov. Corbett fields questions in Philadelphia (Inquirer Photo)

The Philadelphia Inquirer reports that Corbett told the business audience that “gas drillers
and related companies have created 48,000 jobs in Pennsylvania and that the state needed
to help the industry expand here.” 

And while natural gas extraction has been largely confined to the northern and western parts of the state, the governor suggested Philadelphia could ultimately benefit.

“There’s this little port in Philadelphia,” he quipped, pointing a thumb toward the river. “We could become, through that port, a natural gas exporter to the world.”

The governor also shrugged off suggestions that his proposed $27.3 billion state budget–which cuts about $1 billion in school funding– was “sticking it to Philadelphia.”

“You think that this hits Philadelphia?” Corbett told reporters before a reception with city business leaders. “Pittsburgh feels the same way, Harrisburg feels the same way, rural counties feel the same way. It is making the entire state look at the fact that we should only spend that which we have coming in revenue. It’s fiscal reality.”

Corbett said that the severity of the budget’s funding cuts should not be a surprise to anyone.

“I campaigned on this,” he said. “I believe everybody wanted me to keep my word, they just didn’t want me to keep my word as it pertained to them.”


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NJ headline: ‘Polluters rewriting rules for site cleanup’

The Bergen Record today unequivocally proclaimed:

Polluters rewriting rules for site cleanup.

The headline is followed by these three paragraphs:

Key committees writing rules for New Jersey’s new program to clean up contaminated sites are made up entirely of the polluting companies and their contractors.

The 16 committees, which have been putting together rule and guidance documents, include no one from environmental or resident advocacy groups, no health specialists, and no outside experts who aren’t affiliated with the cleanup industry.

“It’s a who’s who of corporate polluters and their hired consultants,” said the New Jersey Sierra Club’s Jeff Tittel. “These oversight rules will be written so loosely there will be nothing to enforce later.”

Misleading?  Youbetcha.

After the incendiary headline and the first three paragraphs of self-serving charges by environmental organizations, the Record offers the following three paragraphs as ballast: 

Officials with the Department of Environmental Protection counter that an overarching steering committee has four environmentalists among 25 members and that environmentalists were offered a chance to join the committees, but failed to do so.

David Sweeney, the DEP’s assistant commissioner for site remediation, said the DEP e-mailed an invitation to a listserv of potential stakeholders in January 2010. He said the names on the list included prominent environmentalists, including Tittel and David Pringle of the New Jersey Environmental Federation.

Sweeney said Pringle and Tittel attended several of the early steering committee meetings but did not attend after that.

Whoa. So, after the damage is done and New Jersey environmental consultants and companies have been maligned as polluters (with the NJDEP a co-conspirator), the writer informs us that, yes, the enviros did have a chance to participate and passed on the offer. 

Kinda blows the alarmist headline and lead, doesn’t it?

If only such bias were the exception. Sadly, this approach is commonplace among New Jersey journalist who accept the word of environmental organizations as gospel and fail to apply to these ‘advocacy’ groups the same (I’m skeptical, prove it to me) standards they apply to others.

Just one case in point. How did every business in New Jersey automatically become a polluter?

Because the Sierra Club and the NJ Environmental Federation use the term every time they refer to business, that’s how. You tell the big lie often enough and eventually it stands unchallenged.

But aren’t journalist supposed to challenge everything they’re told by business, by government, by the clergy and, yes, by environmental organizations, too?

We used to think so and, following that logic, the lead of this story could just as easily have been:

“Environmental groups have found a new way to challenge rules and regulations that they don’t agree with. They’re boycotting the public participation process and then claiming that the resulting rules are unfairly biased in favor of those who offered their time and opinions to help create them. “

It all depends on the writer’s slant. And with few exceptions, [Tom Johnson of NJ Spotlight is one] New Jersey journalists are alarmingly predisposed to pumping up the enviros’ side of the issue–no matter how patently suspect their claims may be.

Are we off base? Read the entire story–Polluters rewriting rules for site cleanup–and tell us what you think.

Use the opinion box below.  If one is not visible, click on the tiny ‘comments’ line.  We appreciate signed comments but will use those from you, Mr./Mrs./Ms. Anonymous. We will not publish comments that resort to personal attacks or employ intemperate language.  


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Gov: NJ’s pulling out of climate-change compact, RGGI


[Updated at 2:37 p.m. on Friday, May 27, 2011 to include related news stories]

New Jersey Governor Chris Christie pleased business groups but outraged the state’s environmental community today by announcing that he’s pulling the state out of RGGI,
the 10-state regional cap-and-trade system that charges industries for CO2 emissions
and funnels the money into renewable energy and energy-conservation programs. 


At a news conference, Christie acknowledged the validity of climate change science but labeled the Regional Greenhouse Gas Initiative as a ‘gimmicky program” that had failed to combat the problem of global warming and was only driving up the cost of electric energy in the state. News conference video.

NJ Business and Industry Association President Philip Kirschner hailed the decision.

“RGGI’s cap-and-trade provisions increase costs to New Jersey businesses and consumers who are already paying some of the highest electricity rates in the nation,” he said.  “New Jersey’s participation in RGGI, however, has virtually no positive impact on the environment.  Even if the state meets its greenhouse-gas reduction goals, it would have an infinitesimal effect on the overall generation of greenhouse gases.”


Environmental and smart-growth organizations denounced the governor’s decision.

Peter Kasabach, executive director of New Jersey Future, said:

“Contrary to the governor’s assertion, there is no evidence that businesses have been negatively affected by New Jersey’s participation in RGGI.  In fact, over the long run, RGGI
is expected to make our companies more competitive, by increasing the supply of electricity from alternative sources, reducing demand through energy efficiency measures and bringing down the price of electricity for all users. The proceeds from RGGI would also provide financially strapped municipalities with resources to plan for sustainable land-use and transportation projects that reduce carbon emissions and energy use.”


“I’m glad the governor went to global warming school but he didn’t learn his lesson,” said David Pringle, political director of New Jersey Environmental Federation, which backed Christie for the top office.

Matt Elliott of Environment New Jersey said the announcement “marks a grim day for New Jersey’s historic leadership on clean energy and global warming solutions.” 

“For over a decade, New Jersey has lead the nation in the effort to fight global warming and promote clean energy.  Governor Christie’s announcement today undermines a decade’s worth of progress and leadership in New Jersey, and, if he is successful, could set us behind our neighboring states working to end the dirty and destructive addiction to fossil fuels,” Elliott said.


The harshest remarks came from the Sierra Club‘s Jeff Tittle, a constant critic of the Christie Administration. 

“Christie is taking the side of corporate polluters and the coal industry over the environment and health of the people of New Jersey,” said Tittel. “As part of his attempt to become a national politician he would rather pander to the National Republican Party then do what is right for the people of New Jersey.”

Tittel called the decision “a tax cut for corporate polluters” that was “pushed by the Tea Party backed Americans for Prosperity, a front group for oil and coal interests.”
 
There will be more reaction in the days ahead and it will be interesting to see how members of the state legislature react to the governor’s decision. 


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