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Dangerous pollutant spreading in Pompton groundwater?


A cancer-causing pollutant in the groundwater beneath a Pompton Lakes neighborhood was also detected in a nearby residential well in Wayne, raising the possibility that the contamination could be migrating under Pompton Lake to the other side.


James M. O’Neill
reports in The (Bergen) Record:

State and federal officials say the pollutant — TCE, a solvent — is found in cleaners, paints and other products commonly used by homeowners and that one of these could have been the source of the pollution that showed up in the Wayne well.

And officials overseeing cleanup of the contaminated groundwater beneath hundreds of homes in Pompton Lakes have said for years that the pollution wasn’t likely to migrate deep beneath the lake to the Wayne side.


However, two independent hydrogeologists, who looked at the geology underlying the region at The Record’s request, say it’s certainly possible the contamination could have traveled under Pompton Lake and then been detected in the residential well in the Pines Lake section of Wayne.

“It has been in the ground for decades, so it could easily move by tens of feet per year,” said David Yoxtheimer, a hydrogeologist at Pennsylvania State University. “These contaminants, I have found, can go right under rivers.”
 
Indeed, chromium that spilled at an industrial site in Garfield decades ago and spread beneath hundreds of homes has migrated under the Passaic River and was detected on the other side in the city of Passaic.

Yoxtheimer and John Schuring, a hydrogeologist at the New Jersey Institute of Technology, said that, given the contamination detected in the one well in Wayne during two tests in 2011, it would be prudent for the other residential wells in the Pines Lake neighborhood to be tested.

Wayne Mayor Christopher Vergano said that to his knowledge there was no systematic effort to test the other wells in the Pines Lake neighborhood after the pollutant was found in the well.

“I’m a little surprised there has not been testing on the Wayne side of the lake,” Yoxtheimer said. “Pompton Lake is shallow and there’s deeper groundwater flowing there.”

The federal Environmental Protection Agency and state Department of Environmental Protection said that while TCE, or trichloroethene, is one of the pollutants under homes in Pompton Lakes, the solvent is also present in paint strippers, adhesive removers, rug cleaners, disinfectants, varnishes and paints, and that one of these may have been the source.


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Jury awards $4.2 M to two Pa. families in fracking lawsuit

A Pennsylvania jury handed down a $4.2 million verdict in a lawsuit centering on water contamination from negligent shale gas drilling in Dimock, PA, a tiny town that made international headlines for its flammable and toxic drinking water, Sharon Kelly reports today in the DESMOG Blog.

The defendant in the lawsuit, Cabot Oil and Gas Corp., had strenuously denied that it had caused any harm to the plaintiffs or their drinking water. In 2012, the company reached a settlement with roughly 40 other residents along Carter Road in Dimock, but the terms of that settlement were never made public and included a “non-disparagement” clause that prevents those who settled from speaking out about their experiences with Cabot.

The verdict, which was reported by the Associated Press, comes as long-awaited vindication for the Hubert and Ely families, who had refused to settle in part because they wanted their voices heard, they said at a press conference when the trial began in Scranton on February 22.

The lawsuit had stretched on for roughly seven years, and the plaintiffs were at one point forced to represent themselves in court after being unable to find legal counsel following the settlement of the vast majority of the plaintiffs.

The Huberts and the Elys still live on Carter Road, hauling their water by truck – a chore that became far more cumbersome in the winter when hoses often froze and water tanks must be heated, Scott Ely, a former Cabot subcontractor turned whistleblower, had testified.

The Ely family, which owns the land on which the Huberts reside, would receive $2.75 million and the Hubert family $1.49 million, one local television station is reporting. Because the lawsuit had been narrowed dramatically before trial, the plaintiffs were not permitted to pursue Cabot for any harms done to their health, but only for the damage to property and the personal nuisance that the water contamination had caused.

The case has been closely watched by the oil and gas industry, which has often reached secret settlements in claims of drilling and fracking contamination – creating uncertainty about the frequency and extent of accidents and misconduct.

State and federal environmental regulators have cited non-disclosure agreements as a major hurdle preventing a full assessment of the risks related to the shale oil and gas drilling rush.

The lawsuit pitted solo practitioner Leslie Lewis and attorney Elisabeth Radow against a team of litigators and attorneys from Norton Rose Fulbright, a London-based law firm which in 2014 was the seventh highest-grossing law firm in the world.

 

 
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Newark group, Sierra Club disagree over EPA river cleanup

EPA dredging
The EPA’s plan includes dredging 3.5 million cubic yards of sediment containing pollutants and toxic material from the Passaic River near Newark, NJ.

A Newark community group is defending the U.S. Environmental Protection Agency’s final plan to clean up the Passaic River, despite criticism by the New Jersey Sierra Club that the plan will fail to completely remove toxic chemicals in the severely contaminated waterway.
Jon Hurdle writes today in NJ Spotlight:
The EPA on Friday announced a $1.38 billion plan to remove 3.5 million cubic yards of sediment containing dioxin, PCBs, heavy metals, and some 100 other contaminants from the lower eight miles of the river, and then cap the riverbed with two feet of sand from bank to bank to contain remaining sediment.
The plan will be the country’s largest-ever environmental dredging project, said Judith Enck, the EPA’s Region 2 administrator, and follows years of analysis and discussion over how to clean up the badly polluted river after more than a century of industrial contamination.
The federal agency said the plan will improve water quality, protect public health, revitalize waterfront areas, and create hundreds of new jobs. “This plan is one of the most comprehensive in the nation and will help restore a badly damaged river,” said Enck, at an event attended by U.S. Senators Cory Booker and Robert Menendez, as well as Bob Martin, commissioner of New Jersey’s Department of Environmental Protection.
The river has been seriously damaged by decades of industrial pollution, notably from Newark’s Diamond Alkali factory which in the 1960s produced Agent Orange, a defoliant used in the Vietnam War. The operation resulted in contamination of the river and surrounding land with dioxin, a highly toxic substance.
The EPA’s program was immediately attacked by the New Jersey Sierra Club, whose director, Jeff Tittel, said it would not remove all the contaminants, so local residents would still be exposed to the cocktail of toxic chemicals that has contaminated fish and raised concerns about human health.
“The people in Newark and along the Passaic River have waited 40 years for a clean-up and now this toxic nightmare will continue,” Tittel said in a statement. “The EPA’s clean-up plan will not work because it will only cap the pollution.”
Tittel said the EPA should have chosen an earlier plan to dredge 8.3 miles to a depth of between 12 and 30 feet, which he said would have removed all the contaminants so that people could once again use the river for fishing and boating, as they did before the 1950s.
The EPA said there is a “reservoir of contaminated fine-grained sediment” approximately 10 feet to 15 feet deep in the lower eight miles of the river. Some 2.5 feet of that will be removed and then the riverbed will be capped with two feet of sand, except along the shoreline where the cap will consist of a foot of sand and a foot of material that will support habitat for fish and plants.
Tittel’s criticism was rejected by a community group that has contributed to the multi-year debate over how to clean up the river.
Debbie Mans, co-chair of the Community Advisory Group for the Passaic River Superfund Site, which backs the plan, called Tittel’s comments “frustrating” and claimed he was attacking the plan without understanding the issue.
“We’ve been meeting as a community group for six years and he has never come to any of our community meetings, never spoken with the community,” said Mans, who is also executive director of New York New Jersey Baykeeper, an environmental group that works to protect the harbor estuary. “The community is behind the proposal and I think it’s disappointing that a statewide group would try to step on top of them to say ‘we know what’s best’ when they haven’t spent the time in the community understanding it.”

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Legislative showdown nears over NJDEP water rules

Rarely used legislative override could prevent rules from being adopted or force DEP to rescind them

John McKeon

Assemblyman John McKeon (D-Essex)
In an unusual rebuke to the Christie administration, lawmakers moved a step closer to revoking a proposed rule that critics say will degrade New Jersey’s water and increase flooding, Tom Johnson writes in
NJ Spotlight.
The Democratic-controlled Assembly Environment and Solid Waste Committee yesterday voted along party lines to order the state Department of Environmental Protection to withdraw a yet-to-be adopted rule proposal that would overhaul flood-hazard, stormwater, and coastal-management regulations it proposed last summer.
The massive revamping of those rules is strongly backed by builders, business interests, and many in the farming community and just as staunchly opposed by environmentalists. To backers, the rules would eliminate redundancy and streamline and simplify complex rules that stifle economic growth, a priority of the DEP since the start of this administration.
“The amendments proposed by DEP threaten the very waters and natural habitats that these regulations are supposed to protect,’’ said Assemblyman John McKeon (D-Essex), the sponsor of the resolution (ACR-160).
If the resolution is passed by the Legislature, it would prevent the DEP from adopting the amended rules, or if adopted, to rescind them as against legislative intent. The override provision is a legislative tool rarely used by that body to challenges actions by the executive branch.
An identical resolution passed both houses in the last legislative session, but the DEP did not take any action on it. If the resolution wins approval again from both houses, it would revoke the rules, if adopted.
An identical resolution is scheduled to be considered by the Senate Environmentand Energy Committee on Monday, giving backers hope that the Legislature may approve the measure before it recesses for budget deliberations later this spring.

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Biggest threat to power grid, hackers? Nope, this guy

An eastern gray squirrel, perhaps plotting an attack on your local power plant.
(AP Photo/J. David Ake)


Andrea Peterson reports for The Washington Post:



Researchers say that hackers caused a December power outage in Ukraine — an attack that came after years of warnings about the digital security of the power grid.  But some say that we should be more worried about a different, furrier threat.
Squirrels.
They can strike at almost any moment — gnawing through the insulation guarding power lines or burrowing into substations in risky missions that can leave thousands without power at a time. The bushy-tailed rodent has even sparked economic mayhem: Back in 1987, a rogue squirrel took out the power to a NASDAQ computer center for nearly an hour and half, stopping an estimated 20 million shares from being traded, according to the New York Times.
The critters are such a big problem that the American Public Power Association even tracks the blackouts they cause with its own “Squirrel Index.”

But among some cybersecurity researchers, this furry menace has become a meme that highlights what they see as the alarmist tone of policy discussions around cyberattacks on critical infrastructure.






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NYDEC sets webinar, public meetings on storage rules



The New York Department of Environmental Conservation has scheduled a live webinar from 10 a.m. to 12 noon on August 26 to explain its proposed revisions to regulations for the bulk storage of petroleum and chemicals and for the management of used oil. DEC says the revisions reflect changes in state law and federal laws and regulations.

During the webinar, DEC staff will present an overview of why the regulations are being revised, summarize the changes being made, and answer questions submitted via a "chat" feature. The webinar will be able to accommodate up to 500 participants. 

You  can access the webinar here any time after 9:45 AM on August 26,2014.

Public information meetings will be held in Albany on September 4, 2014; New York City on September 9, 2014; and Rochester on September 11, 2014.

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Legislative public hearings
will be held to receive verbal and written comments about the proposed rules will be held in Albany on October 14, 2014 Rochester on October 16, 2014 and New York City on October 23, 2014.

Prior to each hearing, a public information meeting will also be held from 1 p.m.- 2:30 p.m. at the same location. Seating is limited.More information here

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Report on sick Susquehanna River fish makes waves

Lesions on smallmouth bass. Photo by C. Yamashita, Pa. Fish and Boat Commission

Chemicals in the Susquehanna River are likely the cause of the smallmouth bass fishery problems such as skin lesions, according to a comprehensive study just released by a U.S. Geological Survey biologist.

Rick Dandes reports today in The Daily Item that he new report, from the Environmental Integrity Project, also says there is "far more nitrogen and phosphorus pollution in the Chesapeake Bay than states and the federal Environmental Protection Agency have led residents to believe."

"The sampled fish were collected from eight sites in the Susquehanna River, from 2007 to 2010. Twenty fish were collected at each site. The selected sites were chosen to specifically address potential effects of specific wastewater treatment plants by collecting fish upstream and immediately downstream of these plants.
"William Yingling, of Freeburg, a retired physician, and longtime Susquehanna River fisherman, said the findings confirmed his long-held health concerns for those who fish in and use the river for recreation.

“Ever since the Chesapeake Bay Initiative of the 1980s,” he said, “the environmental emphasis has been placed on nutrient (nitrogen and phosphorus) pollution (from fertilizers). But in the report by the U.S. Geological Society, one of the co-authors, Dr. Vicki Blazer makes it very clear that the smallmouth bass problem is being caused by chemical endocrine disrupter pollution.”

It may accompany nutrient pollution, but it is not the same thing, and it is by far the most serious problem that is damaging the fish, Yingling said.


Read the full story: Report on Susquehanna makes waves

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Meet NJ Gov Christie's Ombudsman, Patrick Hobbs

Patrick E. Hobbs

"As part of the internal review into the scandals whirling around New Jersey Gov. Chris Christie, lawyers recommended the governor hire an ombudsman. On Friday, Christie announced that he appointed Patrick Hobbs for the position."

That’s the introduction to a short but interesting sketch about Mr. Hobbs, provided by Matt Katz in his blog, Katz on Christie, hosted by NJ Spotlight.

Katz tells us that Hobbs is the dean of Seton Hall Law School and chair of the State Commission on Investigation, which in recent years has been more focused on criminal issues than public corruption.  

Hobbs will be paid
$75,000 for the part-time job and is not resigning from his dean’s position.


What’s  his relationship to Christie? They have known each other professionally for the last 15 years through Christie’s involvement as an alumnus of Seton Hall Law. Hobbs said they have never socialized.
Oh, yes, we almost forgot…Hobbs is a Democrat.


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Will the NJ Senate override Christie’s fracking ban veto?

The Democratic leadership in the New Jersey Senate will attempt an override vote today of Gov. Chris Christie’s conditional veto of a bill that bans the controversial hydraulic fracturing (fracking) technique used in natural gas drilling.

In June, the Legislature passed S-2576 which would impose a permanent ban on fracking in New Jersey. Two months later, the governor returned the bill to the Legislature, agreeing to sign it if it were amended to make the ban apply for one year only. That, he said, would give the federal departments of  Energy and Environment Protection time to complete ongoing studies of the drilling method.

The Legislature took no action on the governor’s conditional veto until a coalition of environmental groups, who do not want a ban of limited duration, called last week for an override attempt at today’s final meeting of the current legislative session.

If the override vote fails–as is almost assured–there will be no fracking ban of any duration in New Jersey.

Why would the environmentalists not settle for a one-year ban and seek later to extend it?

Because banning fracking in New Jersey–where there is little natural gas to be exploited–is not the point.

The point is to raise public awareness of  potential environmental dangers posed by fracking and to build pressure on the Christie Administration to take hard line on fracking regulations that the regional Delaware Regional Basic Commission is attempting to adopt.

When the override vote fails, due to an insufficient number of Republican votes, activists will get to paint the Republicans and the Republican governor as ‘anti-environmental.’ 

Then they will quickly reintroduce the bill in the Legislature’s 215th Session which opens tomorrow. That will keep the fracking issue alive and available for political re-drilling in the months ahead.

Here’s a full copy of the legislation and the governor’s conditional veto message.

Do you agree?  Disagree?  Tell us what you think in the opinion box below.  If one is not visible, click on the tiny ‘comments’ line to activate it.

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