Environmental Alert

By Leona Fluck, lfluck@pineypaddlers.com

PPL says water safe as workers try to stop leak
 

Fly ash from pipe turning Delaware River milky gray. Crews working around the clock.
 

Friday, August 26, 2005
By SARA LEITCH
The Express-Times
 

HARMONY TWP. -- Downstream from PPL Corp.'s Martins Creek power plant, neighbors looked at the milky gray water flowing past their homes Thursday and wondered what was happening to the Delaware River.

"It looks like chalk," said Christina Christison, who lives beside the river on Davidson Lane. "It's not right."

Across the river and a few hundred yards upstream, a dozen workers in white hardhats and yellow boots were spreading straw inside a floating boom made of long orange balloons. They were trying to contain the fly ash pouring into the river from a nearby pipe connected to a settling basin at the plant.

The leak began about 10 or 11 p.m. Tuesday when a wooden gate inside the man-made lake, which is more than 1,500 feet long and several hundred feet wide, sprang a leak. About 28 million gallons of water have poured from the basin each day since the leak began, spokeswoman Connie Walker said.

The power company uses the basin to turn the fly ash from its coal-fired units into sludge that can be taken from the site. As sludge settles out, clean water at the top of the pool is released through a pipe into the Delaware River. Usually, the gate inside the pond controls the flow through the pipe.

The increased flow created turbulence inside the pond, stirring up fly ash that had settled to the bottom and making it hard for PPL crews to stop the leak, Walker said.

"We're having some problems, but we're working around the clock," Walker said. "We believe the leak is 150 feet into the pond; it's not like we can just walk out there."

Divers weren't able to stop the leak Wednesday. On Thursday afternoon, PPL planned to use a crane to lower a 3,000-pound metal plate across the leak. But the helicopter called in to assist was unable to place the metal plate, she said.

As of 9 p.m. Thursday, the helicopter was able to help workers put 6 one-ton sands bags across the leak, Walker said. PPL workers planned to continue placing the sand bags throughout the night.

Water samples taken by PPL and the Pennsylvania Department of Environmental Protection showed preliminary results with low levels of arsenic. The state's safe drinking water standards allow for 50 ppb of arsenic; the preliminary results of Thursday's tests showed 16 ppb.

Walker also said the two residential wells nearby that were tested Thursday came back with clear results.

In the meantime, Walker said, the company was offering bottled water to neighbors of the plant. She said people who want to swim in the river should use common sense.

"At this point we would say take the extra precaution, if the water looks really dirty, of probably not going in right now," she said.

The Easton Suburban Water Authority put a mandatory water restriction in effect Thursday night so the system could operate on stored water supplied until the leak is fixed. Authority officials called this a precautionary step and said there were no concerns regarding water quality, only quantity of stored water. The water restriction will remain in effect until further notice.

The DEP said its investigation would continue after the leak was fixed.

"Obviously it's had a visual impact on the river, but until we get a chance to review our results and PPL's, it's going to be hard to speculate on what short-term or long-term impact this might have," DEP spokesman Mark Carmon said. "We haven't heard of any fish kills. It's a big river, there's a lot of water. You never know if this might have some type of aquatic impact on either plant life or fish or the insects."

Fly ash contains metals like mercury. In previous incidents, the DEP has found the ash doesn't dissolve in the water but silts out.

"Fly ash is relatively inert and the metals will tend not to come out in solution with the water," Carmon said. Because it is a solid, silty material we re going to need some short- and long-term biological profiles. PPL s also going to have to deal with the material on the ground as it flowed down to the river you ll have a nuisance, dust problems. Repo"



© 2005 The Express Times
© 2005 PennLive.com All Rights Reserved.
 

CHARGE STANDS IN FELLING OF 600 TREES

Date: 040831
From: http://www.northjersey.com/

By Kibret Markos, Staff Writer, August 31, 2004

A Hackensack judge on Monday refused to throw out charges against a
Fort Lee currency trader accused of cutting trees on public parkland
to build a tennis court.

In a written opinion, state Superior Court Judge John Conte sided with
prosecutors' argument that the destruction of the trees constitutes
theft.

The lawyers for Andrew Krieger had contended that cutting trees
amounts to the less serious offense of criminal mischief.

"This is the first time in the history of this state that an
individual has been charged with stealing where the underlying facts
are cutting of trees," Krieger's lawyer, Jay Fischer, had said during
a Feb. 23 hearing.

However, Assistant Bergen County Prosecutor Michael Maher had argued
that the damage done was in excess of $75,000, which makes it a
second-degree offense that, upon conviction, carries a penalty of up
to 10 years in prison.

Krieger is accused of taking down more than 600 trees and plowing a
mile-long trail on a tract of land adjacent to his $4.2 million
mansion in Alpine. Prosecutors said Krieger ordered the trees cut
after he failed to secure a deal to buy the land from the Palisades
Interstate Park Commission.

Conte additionally denied a request that the case be heard outside
Bergen County. Krieger's lawyers argued that The Record's coverage of
the arrest, indictment, and court proceedings has created hostile
publicity that could deny Krieger a fair trial.

They also argued that The Record and the Palisades Interstate Park
Commission could "contaminate the jury pool" because Malcolm A. Borg,
publisher of The Record, is a member of the commission.

Conte disagreed.

"This case simply is not one of those relatively rare instances in
which realistic likelihood of prejudice exists or actual prejudice has
been demonstrated," he said. "Defendant has failed to present evidence
that, as the result of pretrial publicity, trial before a fair and
impartial jury could not occur in Bergen County."

Fischer has said he will challenge Conte's rulings in appellate court.

Conte scheduled the next hearing for Oct. 25.

* * *

Email: markos@northjersey.com
Copyright (c) 2004 North Jersey Media Group Inc

Bush Changing all the rules

Click here if your stomach can take it!

Raptor folks thrilled 

Monday, February 09, 2004

By JEAN JONES 
Staff Writer 

COMMERCIAL TWP. -- Winter loosened her hold on South Jersey Saturday just in time for the 4th annual Winter Raptor Festival. 

The day dawned sunny and relatively mild, compared to recent temperatures and, although it turned colder later in the day, those who turned out early had just about ideal conditions. 


"It was the most beautiful sunrise I've ever seen," said one participant in the 7 a.m. sunrise birding trip to Turkey Point, in Downe Township. 

By 9 a.m., birders were gathering at the observation sites in four areas -- one on the Maurice River Township side of the Mauricetown bridge, one at Newport Landing, two at Dividing Creek, at the Maple Avenue impoundments and Turkey Point, and one at Port Norris, at the PSE&G wetlands restoration project off Strawberry Avenue. 

The bald eagles most people came to see didn't disappoint. 

At the Mauricetown bridge, one adult sat immobile in a tree with a spotting scope trained on him for a good bit of the morning, immediate gratification for those mainly interested in eagles. 

Others flew over, an immature pair circling, swooping and tumbling in the air, engaging in play. 

"Watch and you may see them lock talons," said Lloyd Shaw, one of the Cape May Bird Observatory guides present at each observation site. 

The guides pointed out the various birds as they appeared -- a Great Blue Heron, Common and Red-breasted Mergansers, Black Backed and Herring Gulls, a Northern Harrier and other hawks and shorebirds, described their identifying marks and pointed those with binoculars toward the best sights. 

There was ice spanning the Maurice River, but Friday's rain and milder temperatures left open water in places. The buff brown stalks of phragmites, or reed grass, blew in the breeze, their tasseled heads tattered by recent winds. 

It was a good day to be birding. 

Steve Clare of Franklinville said he and sons Steve Jr. and Travis wanted to take pictures. Shaw directed Travis to stand on a box and look at the perched eagle through the scope. 

"The first time you saw a bald eagle?" he asked, Travis nodded his head. Shaw gave him a "high five" and Travis left smiling. 

Shaw told visitors to come back for the Purple Martin Festival in August, describing the incredible number of birds that staged here last year during their migration. 

"It was more birds than I ever saw in one place at the same time in all my life," he marveled. 

Mary Jane and Chuck Slugg were CMBO guides at the Maple Avenue site, but stopped by the bridge before moving on. 

Slugg later said her group watched two eagles tending a nest all day. There also were eagles on a nest at Newport Landing, she said. 

"They weren't incubating yet," she said, "but both were at the nest." 

Attendance at the lectures was standing room only. Steve Eisenhauer's slides giving a raptor's eye view of the area provided new perspective for old scenes. Taken by radio-controlled kite, blow-ups of several of the pictures were given as awards later at the evening dinner. 

Pat Sutton's keynote talk on her 26 years of exploring Cumberland County made the inevitable comparison with Cape May, the birding Mecca of the Eastern U.S. 

Cape May County has the draw -- the birds, the lighthouse and the historic district -- but it also has the crowds, she said. Cumberland County has its natural wild areas minus the crowds. 

Clay Sutton spoke not only of "All About Eagles," his lecture title, but also about raptors in general and identification tips for distinguishing between them. 

The annual shorebird migration was the topic of David Misrohi and Karen Williams told her audience how to create habitat for not just birds, but other wildlife as well. 

Jane Morton Galetto concluded the day of lectures with "Eggs to Flight: the Maurice River Osprey Colony." 

The Maurice River colony is the most productive in the state, thanks to the many osprey nest platforms erected by Citizens United to Protect the Maurice River and its Tributaries, of which Galetto is president. 

She also assists the Endangered and Nongame Species Program in banding the chicks. 

In addition to the lectures, the fire house truck bays housed the food concession. Firemen prepared a variety of seafood platters, as well as the more common hot dogs and hamburgers. 

In the other half of the facility, vendors and exhibitors shared space with live raptors brought by the Cohanzick Zoo, the Woodford Cedar Run Wildlife Refuge and wildlife rehabilitator Steve Serwatka. 

Serwatka brought a Kestrel, a Barn Owl, Screech Owl, Great Horned Owl, a Barred Owl, a Red-tailed Hawk, tarantula and a king snake, which happened to shed its skin during the festival. 

Nine-year-old Brooke Decker of Millville was fascinated, 

"It shed right before her eyes," said mom Barbara Decker. "She didn't want to let it go." 

Serwatka's Great Horned Owl twittered angrily at being removed from its cage and the Barn Owl was even more irate, as he displayed and described each species. 

While many visitors were from the surrounding area, others came from some distance to participate. 

Scott Eves, of the Commercial Township Environmental Commission, which manned the reception table and sold souvenir T-shirts, said some came from North Jersey and others from Pennsylvania. 

One man listed his address as San Francisco. 

The crowd has grown each year, as former visitors return, usually bringing friends. 

"I'm going to go and look at the outside birds now," said Leslie Nerz, of Richland. 

"This is just wonderful," said Barbara Vance, of North Wildwood. as she also browsed the displays. 

Cumberland County Public Information Officer Glenn Nickerson estimated easily 1,000 people participated. 

Children could make a free raptor magnet while parents shopped, compliments of the Cumberland County Cultural and Heritage Commission. 

There were birdhouses, jewelry, prints and photographs, paintings and bird-themed clothing. Falcon Tours of Costa Rica tried to lure people to sign up for a trip to warmer climes. 

"This is no doubt the biggest crowd I've seen. It just gets better and better," said freeholder director Doug Rainear.

N.J. leaders want more public comment on nerve agent disposal 

The Associated Press 
1/15/2004, 11:35 a.m. ET 

CARNEYS POINT, N.J. (AP) — Several top New Jersey officials want the public to have more say on a U.S. Army plan to discharge the neutralized residue of a deadly Cold War-era nerve agent into the Delaware River.

U.S. Sen. Jon Corzine and U.S. Reps. Rob Andrews, D-Haddon Heights, and Frank LoBiondo, R-Vineland, sent a letter to the Department of the Army on Wednesday asking for more time for public comment on the plan to bring remnants of a stockpile of VX nerve agent in Indiana to a DuPont facility in Salem County.

Gov. James E. McGreevey made a similar request on Wednesday.

"Given the current apprehension and the uncertainty about the safety of this process I urge you to hold a public hearing as a first step to open a dialogue with the government and citizens of New Jersey on this important matter," McGreevey's letter said.

DuPont's Secure Environmental Treatment operations has placed a bid to dispose of the VX liquid. Army officials say the earliest a contract could be awarded is Jan. 21.

The nerve agent was produced before President Nixon issued a moratorium on chemical weapons production in 1969.

A single drop of liquid VX can cause paralysis and death within a few minutes. After the 9-11 terrorist attacks, the government has sped up the disposal of such chemicals for fear they might be targeted in future attacks. More than 1,200 tons of the liquid are stored at the Newport Chemical Depot in Indiana, where it was produced.

Under the proposal that would bring it to New Jersey, the material would first be neutralized in Indiana by mixing it with hot water and sodium hydroxide. The resulting chemical would be hydrolysate, which scientists compare to liquid drain cleaner.

That substance would be hauled to New Jersey where DuPont would remove remaining chemicals from the liquid and dump what's left into the Delaware River.

Terry Arthur, a spokeswoman for the Newport depot, said the residue that would go into the river would be virtually pure water.

"What we want to make perfectly clear is that we are not shipping nerve agent for treatment anywhere," Arthur told the Courier-Post of Cherry Hill.

If DuPont gets the contract, the liquid would come in on trucks and trains late in the year. The disposal project would take about a year.

Previously, there was a plan to discharge the hydrolysate into sewers in Dayton Ohio, but a public backlash prompted the Army to give up on the idea.

Environmentalists have been gearing up already to contest the New Jersey disposal.

"This sounds like a very dangerous process with the possibility of harm to the river, to aquatic life in the river and to the people who depend on the river," Maya van Rossum of the Delaware Riverkeeper Network told the Courier-Post.

Information from: Courier-Post

GOVERNOR MCGREEVEY THANKS NJ VOTERS 

FOR SUPPORTING OPEN SPACE

Successful ballot initiative will help stop sprawl, save open space, drinking water, farms, parks

November 5, 2003

(FORT LEE) - After spending weeks advocating for the passage of Public
Question No. 1, Governor James E. McGreevey today celebrated its passage
as a victory for open space, farmland, drinking water and parks. The
initiative, which will provide an additional $150 million for open space
and park projects, is part of the Governor's ongoing efforts to stop
sprawl and improve the quality of life.

At General Van Fleet Park in Fort Lee, the Governor was joined by the
Coalition for Conservation, Department of Environmental Protection
Commissioner Brad Campbell, Agriculture Secretary Charles M. Kuperus,
and local athletes and students as he thanked New Jersey's voters for
approving the measure.

"Today is a good day for our families, for our environment and for our
future," said McGreevey. "Yesterday, the public voted against sprawl and
in support of open space, farms and parks. The passage of Public
Question No. 1 is a great victory for not only our drinking water and
open space, but most importantly, for our children and generations to
come. Thank you for your support."

Yesterday, voters approved an additional $150 million for open space
purchases and community park improvements. Public Question No. 1, a
constitutional amendment, will increase the bonding capacity of the
Garden State Preservation Trust to $1.15 billion, an increase of $150
million from the $1 billion voters approved in 1998. The increased
capacity will place no additional tax burden on New Jersey taxpayers.
The sales tax dedicated in 1998 to pay off Garden State Preservation
Trust bonds will cover these additional bonds by taking advantage of
today's lower interest rates.

Also yesterday, voters approved 32 out of 38 local open space ballot
questions, including the two county questions in Bergen and Hudson and
30 out of 36 local questions.

Instrumental in the initiative's passage was the newly formed Coalition
for Conservation, a broad base of statewide and local groups
representing land conservation, parks and recreation, and farmland
preservation interests.

Michael Catania, Chairman of the Coalition for Conservation said, "Once
again, the voters of New Jersey have demonstrated their concern for
maintaining our quality of life by preserving open space, farmland and
community parks. On behalf of the Coalition, I'd like to thank all those
who supported Public Question # 1 and the benefits it will provide to
communities across the Garden State." 

With the passage of Public Question No. 1, at least $50 million will be
used to create and improve parks in cities and suburbs as part of
Governor McGreevey's reforms to the Green Acres program. In addition, a
minimum of $50 million would be spent on open space purchases and
farmland preservation in the Highlands, a critical environmental
resource that is the source of drinking water for more than a third of
New Jersey's residents.

"Voters yesterday couldn't have been more clear in their support for
Governor McGreevey's open space initiatives," said Campbell. "A large
portion of the extra $150 million voters approved will help local
governments create and upgrade community parks like this one, parks that
are so important to the quality of life in our urban and suburban
communities."

"New Jersey is a national leader in farmland preservation, with more
than 13 percent of the state's agricultural land permanently protected,"
said Kuperus. "The passage of Public Question No. 1 allows us to build
on that success to save even more farms, protect the quality of life in
our communities and keep New Jersey green and growing." 

Last year, the State could provide only $1 in Green Acres funding for
every $8 requested by local governments to acquire and upgrade local
parks. This additional money will help meet New Jersey's growing demand
for open space.

In 1998, voters approved a constitutional dedication of $98 million
annually from sales and use tax revenue over the next 30 years to
provide a stable source of funding for open space purchases, farmland
preservation and historic preservation. Currently, the state may borrow
up to $1 billion over the first 10 years, using the $98 million to pay
off the debt. With today's low interest rates, $98 million is sufficient
to cover payments on $1.15 billion in debt, allowing the state to expand
its open space and farmland preservation efforts.

In his State of the State speech, Governor McGreevey set a goal of
creating or improving 200 community parks. The Green Acres program now
places a higher priority on acquiring and upgrading parks in communities
with at least 35,000 residents or population densities greater than
5,000 people per square mile. 

Fort Lee, with a population of 35,461, is an example of this focus. 
Already, $600,000 in loans and grants for improvements to Van Fleet and
Monument parks has been approved by DEP and the Green Acres program, and
is awaiting final approval by the legislature.

"Since taking office, we have worked hard to protect open space and
preserve farms all over New Jersey," said McGreevey. "We've acquired
over 1,977 acres of open space and over 1,160 acres of farmland per
month since January 2002."

Since Governor McGreevey took office last year, the state Green Acres
program has acquired 43,492 acres of open space, and the State
Agriculture Development Committee has preserved 312 farms covering
25,676 acres. This includes 216 acres of farmland and more than 800
acres of open space in Bergen County since January 2002. The Governor
has also placed the highest protection possible-C1 designation-on 40
percent of the state's drinking water, including the Oradell Reservoir,
which serves 750,000 Bergen and Hudson residents.

###

NEW JERSEY SUES BUSH ADMINISTRATION ON GLOBAL WARMING

Challenges EPA's Refusal to Regulate Greenhouse Gas Emissions

Peter C. Harvey, Attorney General

Division of Law 
Paul P. Josephson, Director

For Immediate Release: For Further Information October 23, 2003

Contact: Peter Aseltine (609) 292-4791

TRENTON - Attorney General Peter C. Harvey has joined with Attorneys General from 10 other states, the District of Columbia and American Samoa to formally challenge the Bush Administration on its failure to regulate greenhouse gas emissions, the leading cause of global warming. California, two major cities and a group of prominent environmental organizations are filing separate challenges today against the U.S. Environmental Protection Agency (EPA). 

Today's suit is the latest in a series of actions that New Jersey has taken with other states to compel the Bush Administration to address the ever-increasing problem of global warming. The coordinated actions against EPA involve the largest coalition of states, cities and environmental groups to collaborate on this issue to date. While acknowledging the negative impacts of global warming, the Bush Administration has yet to take any concrete action to significantly reduce greenhouse gas emissions.

"Once again, the Bush Administration has turned its back on the environment and the health of Americans by deliberately undermining the Clean Air Act," said Governor James E. McGreevey. "We will not turn our backs on this issue. We're going to fight to protect New Jerseyans and our precious natural resources." 

"The Bush Administration erroneously claims that it lacks the statutory authority under the Clean Air Act to address the very real threat that greenhouse gases and global warming pose to our environment, our health and our future," said Attorney General Harvey. "In fact, two prior EPA General Counsel have said EPA does have such authority. What we have is not a lack of authority, but a complete abdication by EPA of its responsibility to protect the environment." 

"In light of the Bush Administration's retreat on regulating CO2 emissions, Governor McGreevey is leading a multi-state, bipartisan effort to establish a regional cap and trade program to reduce greenhouse gas emissions in the Northeast. New Jersey, as a coastal state, has long recognized the threat that global climate change presents not only to the environment but also to the economy and the health of our citizens," said New Jersey Environmental Commissioner Bradley M. Campbell.

Today, New Jersey and the other participating parties filed legal challenges in the U.S. Court of Appeals for the D.C. Circuit to two decisions that EPA issued on August 28. In the first ruling, EPA concluded that it has no statutory authority under the Clean Air Act to regulate greenhouse gas emissions. This ruling expressly contradicts EPA's conclusion - repeatedly voiced to Congress in 1998, 1999 and 2000 - that the agency does, in fact, have the legal power to regulate such emissions. 

In the second ruling, EPA denied an administrative petition that several environmental groups had filed in 1999 requesting that the agency regulate greenhouse gases from cars and other "mobile sources." In its decision, EPA relied in part on its conclusion that EPA lacked authority to regulate greenhouse gases. EPA also cited its belief that regulating greenhouse gases is bad policy and relied in part on its separate conclusion that it is prohibited from mandating decreases in greenhouse gas emissions from motor vehicles by the federal law that sets fuel efficiency standards. 

The states argue that EPA has clear statutory authority to regulate greenhouse gas emissions, as the agency earlier concluded; that there is no prohibition on EPA's mandating reductions in greenhouse gas emissions from cars; and that the agency has failed to justify its policy of inaction.

New Jersey was among 11 states that raised their concerns about global warming in a July 2002 letter to the Bush Administration. In that letter, Attorneys General for the states identified climate change as the "most pressing environmental challenge of the 21st century." Pointing to a May 2002 report confirming the dangers of global warming, the state Attorneys General urged President Bush to act immediately and take a "strong national approach" to the problem. The report, U.S. Climate Action Report 2002, confirms the dangers of global climate change and projects that its primary cause, emissions of greenhouse gases, including carbon dioxide produced from the combustion of fossil fuels, will increase by 43 percent by 2020.

According to the U.S. Climate Action Report, global warming can result in:

· Increased Temperatures. Average temperatures have already increased by one degree Fahrenheit over the past century, and are projected to increase by five to nine degrees Fahrenheit over the next century. The increase could dramatically change weather patterns in every state and will likely destroy some fragile ecosystems. 

· Rising Sea Levels. Sea levels have already risen four to eight inches over the last century and are projected to rise another 4 to 35 inches during the next century because of global warming. New Jersey's coastline, made up primarily of low-lying barrier islands, is particularly vulnerable to the increased flooding and erosion caused by rising sea levels. Increased coastal flooding could obliterate coastal wetlands and barrier islands. EPA expects the sea level at Atlantic City to rise by 27 inches over the next century, almost double the current rate of sea level rise. 

· Increased Health Risks. The effects of global warming can result in illnesses and deaths associated with temperature extremes, storms, air pollution, water contamination, and diseases carried by mosquitoes, ticks and rodents. A study published last year in the journal Science warns of increased risks from insect-borne diseases such as malaria and yellow fever. Higher temperatures and increased frequency of heat waves may increase the number of heat-related deaths and the incidence of heat-related illnesses. New Jersey, with its irregular, intense heat waves, is particularly susceptible, EPA has noted. 

In response to the lack of initiative at the federal level, some states, including New Jersey, are taking steps to reduce greenhouse gas emissions at the state level. In August, Governor McGreevey and Commissioner Campbell announced that New Jersey had joined with eight other Northeast and Mid-Atlantic states to commence a cap and trade program to reduce carbon dioxide emissions from power plants in the participating states.

The 10 states that joined today's petition with New Jersey are Connecticut, Illinois, Maine, Massachusetts, New Mexico, New York, Oregon, Rhode Island, Vermont and Washington. 

Three other legal challenges are being filed in court today against EPA by California; two cities, New York City and Baltimore; and a coalition of environmental groups. The environmental groups named in the fourth legal challenge include Bluewater Network, Center for Biological Diversity, Center for Food Safety, Center for Technology Assessment, Conservation Law Foundation, Environmental Advocates, Environmental Defense, Friends of the Earth, Greenpeace, National Environmental Trust, Natural Resources Defense Council, Sierra Club, the Union of Concerned Scientists and US Public Interest Research Group (PIRG). 


New Jersey Seeks Compensation for Natural Resource Damages at Ciba-Geigy Superfund Site

Subject: DEP Press Release: October 2, 2003

For Immediate Release Contact: Fred Mumford
10/02/03 (609) 984-1795

(03/139) Trenton—Department of Environmental Protection (DEP) Commissioner Bradley M. Campbell and Attorney General Peter C. Harvey today announced that New Jersey is pursuing compensation for natural resource damages for ground water contamination at the Ciba-Giegy Superfund site in Dover Township, Ocean County. 

"This action seeks compensation from companies responsible for damages to the Toms River watershed caused by Ciba-Geigy’s dye and resin manufacturing operations,” said Commissioner Campbell. “Ground water is one of New Jersey’s most critical natural resources and contamination at Ciba-Geigy’s site has resulted in lost drinking water supplies for residents in the Toms River area. Accordingly, restoration for Dover has been a high priority for the McGreevey Administration.” 

Under Governor McGreevey's leadership, DEP and the Attorney General’s Office in the Department of Law and Public Safety last week announced a large-scale policy directive to address more than 4,000 potential claims for natural resource damages statewide. The McGreevey Administration has taken aggressive action against responsible parties requiring assessment and restoration of natural resource injuries from contaminated sites across the state.

“We intend to vigorously pursue the state’s claims for natural resource damages,” said Attorney General Harvey. “Where companies have polluted our land or waters, we will hold them responsible for compensating the people of this state and restoring our environment. Working with the Department of Environmental Protection, the Attorney General’s Office will pursue these important environmental claims.”

The state requested that Ciba Speciality Chemicals Corporation and Novartis Corporation, which are liable for discharges of hazardous substances at the Ciba-Geigy site, resolve their natural resource damage liability without the need for judicial action to avoid the time and expense of litigation. The representatives have 10 days to respond upon receipt of the notification, which was sent via certified mail September 30. Ciba-Geigy’s representatives can seek an amicable resolution and meet with the state within a reasonable period of time to discuss preliminary assessments of the companies’ liability and appropriate measures to compensate the public.

If Ciba-Geigy’s representatives fail to respond in the initial 10-day timeframe or if settlement discussions do not prove successful, the state will pursue civil prosecution. This will result in litigation to recover all natural resource damages, penalties, costs, interest and other relief to which the state is legally entitled.

Working to recover compensation on behalf of the residents of New Jersey for the lost use of natural resources caused by industrial pollution, the McGreevey Administration has demonstrated substantial success in addressing natural resource damage claims. During the first year of the Administration, recoveries exceeded the total for the six prior years combined. The state’s newly signed policy directive outlines an accelerated process needed to pursue the thousands of outstanding and potential claims.

"We have aggressively begun pursuit of settlements from polluters beyond cleanup work, finally addressing reparation to the state and its residents for injuries to our natural resources,” said Commissioner Campbell. "An accelerated effort is needed to ensure that a statute of limitations for outstanding claims does not expire and result in the loss of the public's right to compensation."

Natural resource damage is the dollar value of the total restoration that is necessary to compensate the residents of New Jersey for the injury to natural resources. Injuries can be both ecological injuries to wetlands, wildlife, ground water or surface water and human use injuries such as the closure of a waterway to fishing, a beach to swimming or an aquifer to drinking water supply. In addition, restoration may include compensation for the natural resource services lost from the beginning of the injury through the full recovery of the resource.

Ground water injuries are calculated with a formula that estimates the volume of contaminated ground water, the value of the water and duration of the injury to arrive at a settlement amount. New Jersey's Spill Compensation and Control Act requires any entity that has discharged hazardous substances onto the land or into the waters of the state is liable for cleanup and removal costs, as well as the cost of restoring or replacing natural resources injured by the discharge.

Site Background

The Ciba-Geigy site was placed on the National Priorities List of Superfund sites in 1983 due to extensive soil and ground water contamination. An on-site ground water treatment plant began full-scale operation in March 1996. The plant treats approximately 2.5 million gallons per day of contaminated ground water with on-site recharge.

Additional cleanup work is underway at the site that calls for bioremediation of approximately 145,000 cubic yards of contaminated soils and the excavation and off-site disposal of about 32,000 drums. Bioremediation of some ground water and containment of some source areas were also part of the selected remedy.

The Ciba-Geigy Chemical Corporation site is presently owned and operated by the Ciba Specialty Chemicals Corporation. The site encompasses approximately 1,400 acres, 320 of which are developed, with the remainder consisting of cleared areas, pine barrens and wetlands. >From 1952 to 1990, Ciba-Geigy manufactured dyes, pigments, resins and epoxy additives. In 1988, pigments and dyestuffs manufacturing operations ceased and in December 1990, resins and epoxy manufacturing ceased. The manufacturing buildings were subsequently demolished. All commercial operations at the site ceased in December 1996.

Article from the 6/7/2003 issue of the New York Times

June 7, 2003
Sizing Up a Leaky Pipe, From Inside Robot
By ANDREW C. REVKIN


CARMEL, N.Y., June 6 — Slightly battered, but still emitting coded chirps, a small camera-studded robotic submarine was raised from the Delaware Aqueduct this morning after a 15-hour trip seeking leaks in the 58-year-old upstate water tunnel, vital to New York City's water supply.

In coming days, city engineers and consultants will determine if the torpedo-shaped device succeeded in its mission: to photograph every foot of a 45-mile stretch of the aqueduct where water is escaping and — most important — help determine if the seepage threatens the tunnel's integrity.

The aqueduct, hewn over six years from solid rock, is one of the most important links in the city's far-flung system of 19 reservoirs, with the tunnel typically carrying more than half of the water used each day by 9 million people in the city and some of its suburbs.

Leakage of up to 36 million gallons a day was detected starting in 1991. The leaking stretch lies somewhere between the Rondout Reservoir in the Catskills and the West Branch Reservoir, a way station for city-bound water here in Putnam County.

The escaping water is just a small percentage of the 1.3 billion gallons supplied by the system each day, but still equals the daily consumption in Rochester.

Water percolating upward hundreds of feet from tunnel leaks has created wetlands and damp areas in Ulster and Orange counties that endure even in the region's worst droughts.

But the main impetus for the $2.2-million inspection project, city officials said, was the need to determine if the leaks could erode the aqueduct walls and overlying rock.

"Risk analysis using existing data shows we're O.K.," said William Meakin, the chief of facilities improvement for the city Department of Environmental Protection. But, he added, "as with most things, anything engineers build or mankind makes, it deteriorates."

The leaks increased from 1991 to 1997, but in a news release today, the department said they had not grown since then. The department said that "independent engineering analyses have confirmed that the aqueduct is not in danger of collapse."

The statement made it clear, though, that finding and repairing the faulty spots was essential. "If not fixed," the department said, "over many years the leaks could develop into threats to the aqueduct."

Using data and images gathered by the probe, the city will update its risk calculations in coming months. Over all, Mr. Meakin said, "We're confident that something isn't suddenly going to happen."

The project that unfolded over the last 24 hours took three years of planning, tinkering, experimentation and trial runs.

In 1999, city engineers concluded that a new survey was needed. The last inspection took place in 1958, when the 13-foot-diameter tunnel was drained and engineers examined it by driving through its length in a Jeep.

But the risks of draining the tunnel again without knowing the extent of any damage were too great; without the supporting pressure of the water, a wall weakened by the seepage might crumble.

So some means had to be found to survey the conduit while it was still filled with water. With existing technology four years ago, this was impossible.

There was no underwater remote-control robot with a tether longer than six miles.

Although one company offered to drop a piloted mini-sub into the aqueduct, city officials turned it down, saying the risk was too great to send a person on a voyage in a flooded tunnel cutting deep beneath the Shawangunk Mountains and 550 feet beneath the bed of the Hudson River.

The challenge was tackled by marine engineers from the Woods Hole Oceanographic Institution, on Cape Cod. Led by Ben G. Allen, the team there had built more than three dozen self-piloting submersibles, mainly for missions like finding mines or charting the sea floor.

Working with ASI Group, a tunnel-inspection company from St. Catharines, Ontario, the Woods Hole engineers devised a specialized device for the project and the means to get it down narrow shafts, one of which was 1,000 feet deep, and up again.

After 16 hours of listening for the probe from shafts along the aqueduct's length, the team now huddled in a cavernous chamber by the shore of the West Branch Reservoir as the 800-pound craft, rose dripping and chirping from a 300-foot-deep, water-filled access shaft.

There was scattered applause. This was the first time anyone had sent an untethered probe through such a long tunnel.

The device's two names reflect the extreme nature of its assignment. City engineers call it Uliisys (pronounced like Homer's hero), for Underwater Linear Infrastructure Investigation System, while its inventors, from Woods Hole, call it Persephone, after the Greek goddess of the underworld.

But there was no time for celebration. The trip through the tunnel had taken two hours longer than the 13 hours they had estimated, and everyone had a theory about what had gone wrong. Jaws were tight.

Immediately, Mr. Allen noticed that one of the eight whisker-like titanium wires radiating from the 9-foot long, 16-inch diameter craft's nose to soften collisions was broken off. A closer look revealed that it had been worn away as the probe apparently scraped along one wall of the tunnel.

The craft had been carefully designed and programmed, using navigational gear and acoustic beacons, to stay dead center in the tunnel so the five cameras ringing its nose could capture a 360-degree  view of its walls.

Had the systems failed before, or after, the probe passed the two regions where leaks were already known to exist?

Team members quickly plugged in a yellow cord to start loading the craft's enormous cache of data, including 160,000 digital  photographs, into computers. The cameras alone held 600 gigabytes of information — as much as 60 fairly capacious desktop  computers.

Roger Stokey, a Woods Hole engineer sitting in a control room in front of a five-foot array of computer screens, began  replaying the probe's trip. Animated graphics showed that the probe held its position in the center of the tunnel until the  point, six miles from the end, where it encountered a short left and right jog — about where it passed deep beneath Route 9  in Fishkill, Dutchess County.

There it collided with one wall and, perhaps through a programming glitch, its rudder stayed to one side, forcing the nose to push against that wall. It scraped along the final miles, not only shaving off one of its whiskers,but also cutting its speed sharply.

"Well, it needs to be a little smarter next time," Mr. Stokey said. "It's aform of insanity to keep doing the same thing and expect a different result."

Luckily, Mr. Stokey noted, it appeared that the earlier part of the mission went fine, including the spots west of the Hudson where the worst leaks were known to lie.

It would take nearly two days using a high-speed connection to transfer all the data from the submersible and many weeks to begin sifting the photographs, he said.

Many people are eager to see the results. Riverkeeper, a private environmental group that, among other things, monitors the city water supply, had been pressing the city for years to press ahead with the tunnel inspection and repairs.

"It's great that they've taken this important first step," said Marc A. Yaggi, the lawyer tracking water-supply issues for the group. "It's very critical that they keep on top of this. If the aqueduct were to collapse, the city could run out of water within 80 days."

At the shaft house near the West Branch Reservoir, the team worked into the night, watching bars bump up on the computer screens as data steadily flowed from the little submarine.

(Photo) Amy Kukulya of the Woods Hole Oceanographic Institution prepared a robot submarine for its trip back from Putnam County, New York, to Cape Cod yesterday after a 45-mile journey through an aqueduct.

FOR IMMEDIATE RELEASE

May 6, 2003

CONTACT: Jack Kaskey

609-984-1795

DEP Urges Public to be Fire Wise as Spring Forest Fire Season Heats Up

(03/67) TRENTON - Department of Environmental Protection (DEP)

Commissioner Bradley M. Campbell today warned that the danger of

wildfires is rising sharply as New Jersey's forests dry out from an

unusually wet spring.

The state Forest Fire Service has responded so far this year to 396

blazes that burned 790 acres. This is fewer than the 893 wildfires

reported during the same period last year, but the fire frequency has

increased in recent weeks as the forest floor has dried out.

"Fire danger is always highest this time of year when plants have not

yet leafed out, allowing the drying rays of the sun to strike the forest

floor," Campbell said. "People need to be particularly careful with

matches and lit cigarettes so they don't unintentionally cause a fire

that could threaten homes and lives."

Ninety-nine percent of all wildfires in New Jersey are caused by human

activity, usually carelessness or arson, he noted.

The largest wildfires this year include a 275-acre blaze on April 16 in

Waterford, Camden County, and a 90-acre fire on April 15 in Old Bridge,

Middlesex County. On Monday, the Forest Fire Service responded to a

three-acre fire in Monroe Township and a one-acre fire in Waterford

Township, both in Camden County.

The fire danger is currently moderate to high, signifying that fires

will start from a lighted match and spread rapidly in dry grass.

DEP Chief State Firewarden Maris Gabliks said wildfire risks increase

with every new structure built in or adjacent to forests. Wildfires can

spread quickly in New Jersey, threatening homes, property, natural

resources and human lives.

"Wildfires have the potential to affect entire communities and the

quality of life New Jersey residents enjoy in our forests and open

spaces," Gabliks said.

To reduce the risk of fires, people should follow these guidelines:

* Use ashtrays in vehicles. Discarding cigarettes, matches and smoking

materials is a violation of New Jersey law.

* Drown campfires. Obtain necessary permits. Don't leave fires

unattended.

* Keep matches and lighters away from children and explain to them the

dangers of fire.

* People living in the forest should maintain a defensible buffer by

clearing vegetation within 30 feet of any structures. Also, make sure

firetrucks can pass down your driveway.

* Report suspicious vehicles and individuals. Arson is a major cause of

forest fires in New Jersey.

* Check with your local Forest Firewarden about burning conditions.

Fire permits are required for recreational fires, as well as for

agricultural burning. The New Jersey Air Pollution Control Act prohibits

open burning of rubbish, garbage, trade waste, buildings, fallen timber

and leaves or plants. For information on obtaining permits for

recreational or agricultural burning, call the nearest DEP Forest Fire

Office:

* Northern Forest Fire Headquarters in Franklin, Sussex County, (973)

827-6100

* Central Forest Fire Headquarters in New Lisbon, Burlington County,

(609) 726-9010

* Southern Forest Fire Headquarters in Mays Landing, Atlantic County,

(609) 625-1121

Unintentional violations of forest fire laws carry a maximum penalty of

$5,000 for each offense, plus all fire suppression costs. Arson and

other willful violations are subject to a maximum penalty of $100,000

for each offense plus all suppression costs.

For more information on wildfires and fire safety, please visit the New

Jersey Forest Fire Service web site at

www.state.nj.us/dep/forestry/parknj/forestfire/firesafety.htm 

FOR IMMEDIATE RELEASE

DATE: April 29, 2003

CONTACT: Micah Rasmussen

PHONE: 609-777-2600

MCGREEVEY PROPOSES NEW CLEAN WATER PROTECTIONS IN HUNTERDON

New list of ecologically sensitive waterbodies follows his Earth Day

promise to expand protections statewide

(STOCKTON)-Following last week's Earth Day announcement when he

announced protections for 15 waterways throughout New Jersey, Governor

James E. McGreevey today recommended strengthened water quality

protections for portions of five ecologically sensitive stream segments

that are part of the Delaware River watershed in Hunterdon County.

"This is not the time to congratulate ourselves on protecting 15

waterbodies and then to forget about the rest of our water resources,"

McGreevey said. "Protecting New Jersey's high quality water resources

must be a continuing priority in our smart growth agenda. Today, we are

taking another step forward in this effort as we announce additional

waterways in Hunterdon County that we are proposing for the highest

level of protection."

McGreevey proposed that the five ecologically sensitive streams receive

"Category One" (C1) designation, the highest form of water quality

protection afforded by the state. This designation would prevent any

measurable deterioration in existing water quality, limiting development

impacts and discharges to the streams.

During today's event on the banks of the Delaware River, the Governor

discussed the importance of water resource protection to sustaining

economic development and promoting smart growth statewide. Joining him

at the event was DEP Commissioner Bradley M. Campbell, as well as local

mayors, environmental advocates and community activists.

"Through his leadership, the Governor has made it clear that protecting

water supplies must be an ongoing priority for state, municipal and

community partners in order to save our ecologically sensitive habitats

and drinking water for New Jersey's families and communities," said

Commissioner Campbell. "These five streams are only the latest step in a

continual process to increase water quality protection statewide."

Governor McGreevey directed the Commissioner to work with Hunterdon

County municipalities to determine the specific segments of the five

streams that should be nominated for C1 classification.

Today's announcement follows last week's signing of rules that

designated nine reservoirs and six stream segments around the state as

C1 waterways. Included in this round of C1 designations were four

waterbodies serving Hunterdon County-South Branch Rockaway Creek, Sidney

Brook, Round Valley Reservoir, and Beaver Brook.

Governor McGreevey has also pledged to provide other waterbodies with

C1 protection, including the Metedeconk and some of its tributaries and

many of the waterbodies that feed into the Oradell Reservoir, including

Lake Tappan and Woodcliff Lake.

All C1 proposals will undergo a formal rulemaking process to afford the

public ample opportunity for comment.

Below is the list of the five streams, and the towns they flow through

in Hunterdon County, that were proposed today for C1 protection:

Wickecheoke Creek - Stockton, Delaware, Raritan, Kingwood, Franklin

Lockatong Creek - Kingwood, Franklin

Nishisakawick Creek - Frenchtown, Kingwood

Little Nishisakawick Creek - Frenchtown, Kingwood, Alexandria

Harihokake Creek - Alexandria

Photos and audio and video clips from Governor McGreevey's press

conferences are available on the Governor's web page at

www.state.nj.us/governor    

Links are located in the Governor's Newsroom section of the page.

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Assiscunk gets special protection from state

By KATHLEEN CANNON

Burlington County Times

TRENTON - At least one Burlington County waterway, where bald eagles nest,

swamp pinks grow and bog turtles swim, will remain as clean as it is now.

The water quality of the headwaters of the Assiscunk Creek in Mansfield and

Springfield townships cannot be degraded, under a new rule signed by Gov.

James E. McGreevey last week.

Portions of the Rancocas Creek flowing through Rancocas State Park might be

next on the list of waterways around the state eyed for this highest form of

protection

If yet another measure proposed by the state Department of Environmental

Protection becomes a rule, nothing could be built within 300 feet along the

banks of protected sections of the waterways.

But for now in the county, special Category One protection applies only to

Assiscunk Creek, from its headwaters to the confluence of Barkers Brook, not

far from the Homestead at Mansfield retirement community.

Category One designation prohibits any specific pollution source from

further fouling the existing quality of the water. Development could still

occur, but only if any resulting wastewater was minimized or sufficiently

treated before it flowed into the waterway.

The governor selected Earth Day last week to sign off on the rule protecting

the Assiscunk and a dozen more waterways and reservoirs around New Jersey.

Meanwhile, a section of the Rancocas Creek is being studied to determine if

it too deserves Category One designation.

Specifically, the state DEP is examining the north branch that flows toward

the Delaware River through the state park near the juncture of Mount Laurel,

Hainesport and Westampton.

It could be months before the state decides whether to formally propose the

Rancocas for Category One protection, and months after that before it could

become final.

Time also will tell whether the state will prohibit development within 300

feet of the banks of any Category One river. The separate-but-related rule

is meant to diminish the threat of so-called nonpoint source pollution -

runoff from paved areas and storm drains.

Taken together, the new rules, both proposed and final, will help improve

New Jersey's water quality, according to David Pringle of the New Jersey

Environmental Federation.

"Category One ensures that things don't get worse,'' he said. "The problem

is, as great as Category One is, it's not foolproof. The storm water rules

and the 300-foot buffer are the most important steps to making Category One

foolproof.''

Pringle said his group and other environmental organizations would be

disappointed if the Rancocas Creek does not survive the preliminary state

review process. It's been nominated in large part because it flows into the

Delaware River just upstream of a major drinking water intake source.

DEP spokeswoman Amy Cradic said Friday it's too soon to say what sections,

if any, of the Rancocas would be protected.

Email: kcannon@phillyBurbs.com 

Tell your representative to support Representative Dingell's hydropower amendment to the energy bill 

This bill will uphold existing standards for protecting rivers and fish! PLEASE ACT TODAY - the House of Representatives is aggressively moving an energy bill, and the full House is expected to vote on the bill next week.

Take action today:

http://amriversaction.ctsg.com/wac/index.asp?step=2&item=2573 

The hydropower title (Title III) of the proposed Energy Bill will undermine basic environmental protections for our nation's rivers and will only further complicate hydropower dam licensing. Legislative action isn't necessary - collaborative efforts already underway will improve the Federal Energy Regulatory Commission's (FERC) licensing process without harming rivers. The approach taken in Title III will have environmentally harmful consequences and won't fix anything. Because hydropower dam licenses last 30 to 50 years, the results of this bill are critical to the long-term health of our rivers.

Please urge your member of Congress to oppose this unnecessary and misdirected legislation! Urge your Representative to support the Dingell amendment!

Visit http://amriversaction.ctsg.com/wac/index.asp?step=2&item=2573

Representative Dingell's (D-MI) amendment would remove the energy bill's ill-conceived hydropower title, which will make hydropower licensing slower, more expensive, and worse for the environment. Instead, the amendment would replace the hydropower title with straightforward process changes - a compromise struck last year between Chairman Tauzin and Congressman Dingell, and between the environmental community and the industry.

Specifically, the hydropower title of the proposed energy bill creates several problems:

1. It would decrease protection for public resources including public land, fish, and wildlife by lowering the standard for agency conditions;

2. It would vastly increase the red tape, time and expense of the relicensing process; and 

3. By excluding all parties except the hydropower applicant, the proposed hydropower title would skew licensing outcomes toward hydropower interests and shut out all other users of the river.

Please visit:

 http://amriversaction.ctsg.com/wac/

to read more and contact your Representative.