Will nitrogen drop in NJ waters survive Trump rollback?

Administration considers scrapping Waters of the U.S. rule, but New Jersey might be unscathed since state regulations tougher than federal, experts advise


stream

Jon Hurdle reports for NJ Spotlight:


An improvement in New Jersey’s water quality is likely to survive a planned rollback in federal protections for small streams and headwaters, but only if state law retains its tough standards, analysts said.
A long-term reduction in nutrients in New Jersey waterways, reported by the state Department of Environmental Protection this week, would not be reversed by the Trump administration’s plans to scrap the Waters of the U.S. (WOTUS) Rule, which allows the EPA to define those wetlands or minor streams regulated under the 1972 Clean Water Act, water experts said.
But some warned that the improvement in water quality could be set back if state lawmakers rewrite laws to bring them in line with their federal equivalents.
“New Jersey is in a good position because our laws are stronger than the federal definition of wetlands,” said Carol Collier, Senior Advisor for Watershed Management and Policy at the Academy of Natural Sciences of Drexel University. “It’s always good to have federal protection because state policies change and the state Legislature could change that.”


 Nitrogen, phosphorus declined or held steady

The report by the DEP, the U.S. Geological Survey, and the Delaware River Basin Commission found that levels of nitrogen and phosphorus were declining or steady in most of 28 monitoring points in New Jersey from 1971 to 2011.
At 25 of the study sites, concentrations of the two nutrients dropped or did not change significantly over the period, reducing the conditions in which algae can bloom in waterways.
Despite the overall decline in nitrogen levels, increases were reported at a station in Toms River and at Cohansey River in Upper Deerfield, Cumberland County. Phosphorus increased at one location, the west branch of the Wading River in Woodland Township, Burlington County. The DEP said it will do more work on the increases in those locations.
Algae growth cuts oxygen in water, hurting conditions for fish and other aquatic life, causing taste and odor issues in drinking water supplies, and making it harder for recreational users to enjoy waterways.


Water quality began to improve in the 1980s

The most common sources of nutrient runoff are fertilizers used on farms and lawns; discharges from wastewater treatment plants, and poorly functioning septic systems, the DEP said.
The water-quality improvements began in the 1980s and 1990s as wastewater treatment plants were modernized, and regional plants replaced many small local plants, the DEP said.
Another contributor was a state program that requires local governments to implement storm water control standards and best-management practices on issues such as animal waste ordinances, public education on storm water, and other steps to reduce the impacts of storm water runoff.
DEP Commissioner Bob Martin called the survey the most comprehensive analysis ever done on nutrient pollution in New Jersey, and said it provided a valuable platform for further work on the issue.
Martin attributed the nutrient reduction to the modernization of wastewater treatment plants; local improvements in managing storm water, and “tough laws” to protect rivers and streams.


Most state waterways still below federal standards

Tim Dillingham, executive director of the New Jersey-based American Littoral Society, said the report shows that progress has been made over the past four decades but most state waterways still fall below the “fishable and swimmable” standards required by the federal Clean Water Act.
“I don’t think you can make the argument that our work is finished,” Dillingham said. “The investment has paid off but that’s not to say that our waters are as clean as they should be.”
Dillingham said New Jersey may be in a better position than some other states to protect its water-quality improvements from the planned rollback of WOTUS, which has been strongly opposed by some farmers and landowners.
“The impact is likely to be greater in other states that don’t have state programs to protect those water bodies,” Dillingham said. 

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Christie’s chief counsel leaving to chair EDA; join law firm

Thomas Scrivo is leaving NJ Gov. Christie’s administration

Thomas Scrivo, Gov. Chris Christie’s chief counsel, will be he new chairman of the New Jersey Economic Development Authority, Christie announced Thursday. Scrivo is also stepping down as the governor’s chief counsel to return to private practice.

Scrivo, who was tied for No. 16 on the 2017 NJBIZ Power 100 list, will replace Alfred Koeppe on the board of the EDA. Koeppe died in December.

In addition, he will join the newly formed law firm of O’Toole Scrivo along with state Sen. Kevin O’Toole (R-Wayne). He will be joined there by James DiGiulio, Christie’s senior counsel, who is also leaving the administration.

“During his time as my chief counsel, Tom has been a trusted adviser, navigating my administration through extremely challenging matters resulting in key accomplishments while demonstrating sound judgment and reliable wisdom,” Christie said in a prepared statement.


“I would like to thank him for his service in one of the most demanding public jobs in New Jersey, and express my gratitude for all he has done for the people of New Jersey. I wish Tom the best of luck at his new firm, where I know he will continue his accomplished career as an attorney. I look forward to our continued friendship.”

“Tom Scrivo is a fantastic lawyer and strategist, who demonstrated extraordinary leadership and integrity in perhaps the most challenging job in Trenton — chief counsel,” Porrino said in a statement. “His service was exemplary, and he will be sorely missed.”


Scrivo became chief counsel in 2015, leaving McElroy, Deutsch, Mulvaney and Carpenter LLP when Christopher Porrino left Christie’s administration to return to Lowenstein Sandler LLP. Porrino returned to the Christie administration last year as attorney general.

Scrivo will be succeeded by Gregory Acquaviva, vice president of state government affairs at UnitedHealth Group and a former chief of staff to Lt. Gov. Kim Guadagno.


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Good news for I-95 park cover in Center City, Philadelphia
































Cassie Owens reports for BillyPenn:

The I-95 cap project just took another huge step forward.
Through spokesman Brad Rudolph, deputy communications director of the Pennsylvania Department of Transportation, the agency confirmed to Billy Penn this afternoon that it plans to commit $100 million to the cap, which would cover the multilane interstate highway from Chestnut to Walnut Streets, and a park that will slope down toward the Delaware River. Plans for the cap have been awaiting funding for decades, and got a huge boost this week when Mayor Jim Kenney told PlanPhilly that the city will allocate $90 million toward the project.
Penn’s Landing Park should cost an estimated $225 million. With PennDOT’s commitment, that leaves only $35 million until the project is fully funded.
In 2014, the Delaware River Waterfront Corporation released a feasibility study, including renderings for the park, that indicated the project would generate $1.6 billion in economic impact to the area.
Cities around the U.S. have considered design options for their freeways, widely criticized among urbanists for the disruption they prove to walkability, and the mass demolitions (and displacement) that occurred to make way for the expressways. 
Some cities have opted to convert highways into tighter boulevards, but highway cap parks are indeed a thing, with famous examples found in Boston and Dallas.
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Pinelands advocates launch ‘Save the Source’ campaign















The Pinelands Preservation Alliance has launched a new campaign to educate state residents about the value of preserving the enormous drinking water aquifer that lies below a vast area of southern New Jersey.

Save the Source: Protecting Water for People and the Pines 
explains that New Jersey’s network of rivers, wetlands and ground water is the source of life from the Pinelands to the Jersey Shore to the Delaware River and beyond. Millions of people depend on New Jersey’s ground water every day for drinking, their economic wellbeing and quality of life.

The PPA is seeking fellow-minded conservationists to join the campaign to protect the 17-trillion gallon Kirkwood-Cohansey Aquifer, a vast reserve of fresh water that underlies southern New Jersey and all of the Pinelands.  Check out the website today!

 
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More lead funding in Christie’s NJ budget; Is it enough?


Anti-lead activists say state needs to do more to find and fight contaminant in old housing, water supplies

lead paint

Credit: NPR
Tom Johnson reports

for NJ Spotlight:


Gov. Chris Christie’s proposed state budget for the next fiscal year beginning in July will invest $20 million to address the continuing problem posed by thousands of New Jersey children with unsafe levels of lead in their blood.

The funding is welcomed by health advocates and others who have long pushed the administration to increase money set aside to fight lead poisoning in kids, but they noted it is far less than what is needed to tackle the problem.
“We would be better off if they had added a zero to really address the problem,’’ said Staci Berger, president and CEO of the Housing and Community Network of New Jersey.
Few dispute New Jersey has a lead crisis. Three hundred thousand kids last year were found to have elevated lead levels in their blood, Berger noted. Most of the exposure occurs from peeling lead paint in old housing.
In addition, under a new program that got underway last year, more than 130 schools were found to have unsafe levels of the contaminant from at least one water outlet in their facility.
The Budget Summary released by the administration touted the continuing and increased appropriations as ensuring that the state remains a national leader on this issue.
In his speech Tuesday, Christie said “it was this administration that reacted quickly and decisively to deal with this issue by adding immediate funding last year.’’ The funding emerged as a bipartisan priority after more than a couple dozen schools found unsafe lead levels in water from drinking fountains, a problem that soon surfaced in many other districts around the state.
The money allocated in the proposed budget will be split between the cost of reducing exposure to peeling lead paint in low- and moderate-income housing and covering the expense of new regulations to identify blood-lead levels in children consistent with those of the federal Centers for Disease Control and Prevention.
“The governor is looking for credit for doing his job,’’ said Doug O’Malley, director of Environment New Jersey, who noted in the past Christie had repeatedly diverted lead remediation funds. “He doesn’t deserve credit for not raiding lead funding again.’’
Berger said the administration’s response on lead is better than before, but added, “we need real leadership to solve this crisis.’’
So far, long-term solutions have been elusive. A legislative task force has been exploring ways to deal with New Jersey’s aging drinking water infrastructure, but has yet to focus on ways to fund getting lead out of supplies. Most often, lead seeps into drinking water from lead fixtures from the street and into the home or building.
“The governor didn’t talk about the long-term solution to the lead crisis,’’ O’Malley noted.

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NJ customer sues utility for overcharging on solar homes

Jim Walsh reports for the  Asbury Park Press: 

CAMDEN – A proposed class-action lawsuit contends the state’s largest utility is overbilling some customers with solar power systems.

The suit, filed by a Cherry Hill man, contends PSE&G and a third-party electricity provider, Stream Energy New Jersey, fail to properly credit customers who supply power to the regional grid through their homes’ solar panels.

Under state law, a customer’s monthly electricity bill must be reduced “on a one-to-one basis” for the number of kilowatt hours generated by home solar panels, according to Marlton attorney Joseph Osefchen, who filed the suit Monday in Superior Court, Camden.

He said any excess credits for solar power are to be carried over for a 12-month period – allowing a customer to offset electricity purchases during winter months through the sale of solar power in the summer.

Osefchen alleges PSE&G and Stream don’t allow customers to bank their credits, “resulting in illegal overcharges for electric customers with solar energy panels.” He said that violates the state’s Consumer Fraud Act, which would allow customers to collect triple damages.

Osefchen said the lawsuit seeks to ensure “New Jersey electric customers who shell out thousands of dollars to ‘go green’ get all the credits to which they are legally entitled.”

He said the suit may be expanded or additional complaints could be filed if other third-party providers are found to be engaged in similar conduct.

A PSE&G spokeswoman declined to comment on pending litigation. A representative of Texas-based Stream Energy could not be reached for comment.

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