NJ Senate Environment Panel takes up DEP water rules

The Senate Environment and Energy Committee will meet at 10 a.m., Monday, May 16, 

in Room 10, third floor, State House Annex, Trenton, NJ.

The committee has invited representatives from the Department of Environmental Protection to discuss the proposed revisions to the Flood Hazard Area Control Act Rules, Coastal Zone Management Rules, and Stormwater Management Rules.

Legislation scheduled for committee action:

S-580 Doherty, M.J. (R-23)
Establishes NJ Water Supply and Pharmaceutical Product Study Commission.

S-885 Greenstein, L.R. (D-14) Requires maximum contaminant level to be established for 1,2,3-trichloropropane in drinking water.Allows tax credits for development of qualified wind energy facilities in certain portfield sites



S-1251
  Vitale, J.F. (D-19) 
Allows tax credits for development of qualified wind
energy facilities in certain portfield sites. 
Related Bill: A-3501 

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Free NJDEP Hazardous Waste Seminar May 26

Who would benefit from attending the NJDEP’s free hazardous waste training/outreach event?

DEP lists:

  1. Hazardous Waste Generators
  2. Transporters
  3. Treatment Storage and Disposal Facilities
  4. Regulated Medical Waste Generators, and 
  5. Environmental Consultants and others who would find it beneficial to maintain compliance with the Hazardous Waste regulations.

In the morning, several DEP Compliance and Enforcement staff will take part in a lengthy Q&A session. In the
afternoon
. attendees will be provided with information on the Licensed Site Remediation Professional
(LSRP) Program and general information on Hazardous Waste and Universal Waste management
practices.



When and where will this event take place?
The Department’s Compliance and Enforcement Program is providing this free seminar from 8:45
a.m. to 4 p.m. on May 26, 2016
in the auditorium at the:
New Jersey Forensic Science Technology Cente,r
1200 Negron Drive, Hamilton, NJ 08691
(Directions)



Seats are limited. Please reserve your seat by completing the online registration


Questions? Contact Bret Reburn, Bureau of Hazardous Waste Compliance and Enforcement, 9 Ewing Street
Trenton, NJ 08625
(609) 292-3949
Bret.Reburn@dep.nj.gov

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Opposition kills NJDEP plan to develop Liberty State Park


The state is dropping its widely opposed plans to privatize portions of Liberty State Park, which had included proposals to build an amusement park, indoor sports arena, and hotel.
Tom Johnson reports today in NJ Spotlight:
Department of Environmental Protection Commissioner Bob Martin dropped the bombshell near the end of a mostly routine hearing before the Senate Budget and Appropriations Committee yesterday.
“The bottom line is this: We are going to do nothing with the park,’’ he said, when questioned about a much criticized report released last fall on how to commercialize the Jersey City park, the most popular in the state system with more than 4 million visitors annually.
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“We are done with Liberty State Park,’’ Martin said, blaming the decision on opposition from the Jersey City mayor, Senate President, Friends of Liberty State Park.
The surprise announcement comes after months of controversy over the Christie administration’s plans for the park, which had been kept under wraps. With the state park system strapped for funds — an issue that came up earlier in the hearing — the administration is developing efforts to add private amenities and events at state-run facilities to make them more self-supporting.
Those plans have come under fire, but most heatedly over proposals at Liberty State Park, an urban facility offering sparse open space to Hudson County residents with awesome views of the Manhattan skyline and the Statue of Liberty. Its annual budget is $3.5 million, but only $1.5 million in revenue is now generated by concessions.
“I hope this is the final nail in the coffin for the commercialization of the park,’’ said Sam Pesin, president of Friends of Liberty State Park. “It was a major threat to the park.’
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Wind energy project faces headwinds in the Poconos

PENN FOREST TOWNSHIP, PA — Wind turbines would soar hundreds of feet above a breezy, forested Pocono Mountain ridge in Penn Forest Township as part of a Bethlehem Authority watershed plan that promises $100,000 each year plus the satisfaction of producing green energy.

Nicole Radzievich reports for The Morning Call:

But for residents mobilizing against the project, the turbines represent a noisy, backyard blight that would fragment an ecosystem the authority has spent decades protecting. Dozens of turbines, and roads to reach them, are proposed amid mature hardwoods that attract bald eagles, and next to a development where the homeowners association requires a permit to remove trees more than 4 inches thick.
Planting turbines, residents fret, would chase away raptors, black bears and other frequent guests of the neighborhood. Some people fear birds would be chopped down by turbine blades located not far from a migratory raptor route.
“That’s unacceptable. The Bethlehem Authority is going to profit from this. No one up here is,” said Fran Scheetz, who sold her Emmaus home and moved to Penn Forest Township in Carbon County little more than a year ago for the wooded beauty. “It’s going to destroy natural habitat and be disruptive for so many below in the development.”
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Chris Mangold, who lives near the proposed turbine development, said he fears the effects of the turbines on the residents’ hearing, especially his young grandchildren who live with him.

“We’re concerned about our health and welfare, especially the young children and elderly,” said Mangold, who has consulted an attorney and is circulating a petition. “We’re worried we won’t be able to live in our homes.”

Mangold and his neighbors have found an ally in state Rep. Doyle Heffley, R-Carbon, who posted his opposition to the project on his Web page Monday. Others are circulating petitions against the project, which would come within a half-mile of several homes.

The public showdown is scheduled to begin at 7 p.m. Thursday at Penn Forest Fire Company No. 1, where the township Zoning Hearing Board will decide whether the project meets the legal criteria for a special exception.
The project calls for 40 turbines across as much as 292 acres north and south of Hatchery Road. Thirty-seven turbines would be on property of the Bethlehem Authority, the financial arm of city water operations. Three other alternate turbines are proposed on the nearby property of the Lehighton Water Authority.
A subsidiary of Iberdrola Renewables, an Oregon company that bills itself as the second-largest wind energy provider, doesn’t have an agreement with Lehighton yet.
The Bethlehem agency signed a lease agreement three years ago, allowing Iberdrola to test the wind and ultimately construct the project. The lease calls for Iberdrola to pay the authority 3 percent of gross revenue or $100,000 per year, whichever is greater.

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NJBPU boss grilled by budget panel over diverted funds

Mroz argues that money siphoned from clean-energy fund has not affected NJ’s efforts to reduce power consumption, greenhouse-gas emissions

Tom Johnson
reports for NJ Spotlight today:

Even though more than $1 billion has been diverted from a clean-energy fund, a top Christie administration official yesterday defended the state’s efforts to reduce energy use and cut emissions contributing to global warming.
In an appearance before the Senate Budget and Appropriations Committee, Board of Public Utilities President Richard Mroz faced questions over the $1.3 billion — including $121 million next year — taken from utility customers to balance state budgets during the Christie administration.
The diversion of the funds has been repeatedly criticized by clean-energy advocates who believe it is adversely affecting the state’s efforts to switch to less-polluting methods of generating electricity like solar systems and invest in ways to reduce energy consumption.
Some lawmakers also fault the practice, initiated by the Corzine administration, but the Legislature has gone along with the governors and approved the diversions in every budget since the 2008 fiscal year.
In next year’s budget plan, the governor proposes to use $114.5 million from the fund to pay for energy costs at state buildings and for NJ Transit. Another $3.7 million from the clean-energy fund would go to the state Department of Environmental Protection’s office of green energy and to pay for administrative costs at the BPU’s office of clean energy.
Mroz noted that the money being diverted in next year’s proposed spending plan is virtually identical to what lawmakers approved in the current state budget. The fund is supported by a surcharge on utility customer’s bills, which amounted to at most to $56.67 annually for the average electrical user and $89.10 for the average gas user, according to an analysis by the Office of Legislative Services.
The cost is much higher for the typical industrial customer because the surcharge is based on how energy is used.

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Sen. Linda Greenstein (D-Mercer) questioned whether the continued diversions are impeding efforts to cut energy use, noting New Jersey has dropped in an often-cited ranking by an energy-efficiency association from being rated in the top 10 nationally to 23rd.
“New Jersey has and continues to have a robust energy-efficiency program that is meeting our needs and reducing emissions,’’ Mroz told the committee, when asked about the diversions. Over the past 15 years, the state has invested more than $2..4 billion in energy efficiency, Mroz said.
Mroz also said New Jersey does not need an energy-efficiency portfolio standard, a policy adopted by other states to require a specified reduction in energy use. “We don’t feel that setting that goal is necessary,’’ he said.
Next year, the BPU is planning to allocate $344 million for its clean-energy program, but typically does not spend all of the money it has set aside, a practice that has made the fund more inviting to be tapped when the state is facing a budget crisis.
As for the state’s prospects for developing offshore wind farms, Mroz was less optimistic. The state’s Energy Master Plan recommends 1,100 megawatts of offshore wind be developed by 2020, a target impossible to achieve at this point. Critics blame the BPU for failing to write crucial regulations to help finance the projects with ratepayer subsidies.
Mroz acknowledged two developers have leased acreage offshore to build wind turbines, but was noncommittal about moving forward quickly. “It depends on what is presented by the developers and what the costs are,’’ he said. Studies to answer those questions and others could take a year or more.

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Feds propose changes to eagle management regulations


On May 4, 2016, the 
United States Fish and Wildlife Service (“FWS”) proposed amendments to regulations governing its comprehensive eagle conservation and management program. The proposal follows a successful challenge by environmental groups to FWS’ prior attempt to change its eagle rules, which was tossed out by a federal judge in 2013. The proposed modifications include changes to the manner by which FWS issues permits allowing otherwise prohibited activities which may unintentionally injure or disturb golden and bald eagles.

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These permits, known as “take” permits, are issued pursuant to FWS authority under the Bald and Golden Eagle Protection Act (the “Eagle Act”). The Eagle Act and corresponding regulations provide that no person is permitted to “take” (i.e. kill, injure, or disturb) a golden or bald eagle without first obtaining a permit from FWS. The Eagle Act extends protection to golden and bald eagles due to their cultural importance, as well as their formerly dwindling numbers. Federal protections are credited with bringing the number of bald eagles in the contiguous United States from a low of 500 nesting couples to approximately 72,000 individuals today (that number more nearly doubles if the population of bald eagles in Alaska is included). Due in part to past conservation efforts, golden eagles and bald eagles are not federally-listed endangered species, but remain protected by the Eagle Act as well as the Migratory Bird Treaty Act.

A major provision of the rule proposal would extend the maximum duration of an incidental take permit to 30 years with a recurring five-year review process. The cost of a long-term take permit under the rule proposal is $36,000, with a $15,000 administrative fee charged every five years when the permit is reviewed. The proposed rule also increases the number of eagles which may be injured or disturbed by a particular permitted activity, determined as a percentage of regional eagle populations. FWS claims that the permitting system established by the proposed rule satisfies the standard created by the Eagle Act which requires FWS to ensure that any take of eagles is “compatible with the preservation of bald eagles or golden eagles.” FWS argues further that the proposal will allow FWS to work with industry in reducing eagle deaths and better track eagle populations.

Read the full post here
 

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