Highlands 15th Anniversary- Sierra Club Report Club

15 years ago, we passed landmark legislation to protect the Highlands Region which provides drinking water for up to 6 million people. We put in place protections for its contiguous forests and open space. However, in the last 18 months under the Murphy Administration, there has been a complete failure in getting the Highlands moving forward. After 8 years of Christie rollbacks, we are not moving quick enough to make up for lost time. DEP has not updated rules and regulations to protect contiguous forest, protect against climate impacts, flooding, invasive species, protect critical drinking water, or coming up with programs compatible for economic growth and recreation. We need a new funding mechanism to implement these programs however none of those things have happened, even with a new chair and executive director.

“After 8 years of fighting Christie’s rollbacks, we expected with a new administration that we would move forward. Instead, there has been very little action under the Murphy Administration over the last 18 months. Our concern is that the biggest failure by the Governor is that he had failed to make any nominations to the Highlands. We cannot wait, we need to be updating and improving protections for the Highlands when it comes to clean water, protecting our forest, preventing invasive species, and adapting to climate change impacts. Most importantly, we need to ensure safe drinking water for 6 million people,” said Jeff Tittel, Director of the New Jersey Sierra Club.

Governor Murphy has failed to nominate and appoint people to the Highlands or strengthen rules that protect this important ecosystem. The whole purpose of the Highlands Act is to protect the Highlands, instead the Murphy Administration is allowing logging in Sparta Mountain, Brook Wildlife Management Area, and other critical areas of the Highlands. Instead of protecting the Highlands drinking water, DEP gave water pollution permits for Bellemead’s sewer plant that will impact high-quality streams and allow for the overdevelopment. Now that we have a new governor, we expected to see progress however that progress has stalled, and we have not moved forward.

“The Highlands water is the fuel that runs New Jersey’s economic engine. The water from the Highlands will help drive New Jersey’s three largest businesses, pharmaceuticals, chemical, and food processing and tourism. Its water makes everything from M&M’s to Tylenol, from Budweiser to cutting edge medicines. The Highlands is our Yellowstone where more people come to recreate every year than in Yosemite. It is the backyard for many people and a major drinking water supply. The Highlands needs to be protected and the Governor doesn’t have any more time to delay, he need to move forward now,” said Tittel.

Highlands Report Card Grade: Incomplete

Governor Murphy: Incomplete

Governor Murphy has yet to make any new appointments to the Council to replace Christie’s appointments. We need members better fit to make decisions that benefit the people and environment of the Highlands. We’re waiting to see what major changes and protections will be made under Governor Murphy for the Highlands.

“Governor Murphy campaigned for protecting the Highlands and making smart appointments to the Council, however he has failed to do so. One of the most important reasons we need to have new members on these boards is to protect these environmentally-sensitive areas from fossil fuel infrastructure,” said Jeff Tittel, Director of the New Jersey Sierra Club. “The legislature overturned Christie’s Highlands Septic Density Rule but it took DEP a year to do it. The rule violated legislative intent and threatened the drinking water supply 6 million people in New Jersey. This will be the first rule change in DEP under the Murphy Administration.”

The Highlands Council Staff: C+

Under Governor Murphy, Lisa Plevin has been named Executive Director of the Highlands Council. Pleven currently lives in the Highlands and worked as the Chief of Staff for the EPA Region 2 for 7 years. Before that, she worked as the Deputy Director for US Senator Frank Lautenberg for 7 years. However nothing has happened with a new chair and executive director when it comes to moving forward on protecting the Highlands. The Highlands Council need to hire more staff to implement the Highlands Regional Master Plan.

The Highlands Council: C-

“The Highlands Council blocked Christie’s attempt to change the RMP and make it easier to change the master plan, they also recommended against the Bellemead Sewer Plant. Even though there is a new chair and executive director on the council, the main reason for this grade is the failure by the Governor to nominate new people to the council.

The Department of Environmental Protection (DEP): D

The DEP granted a water pollution permit allowing the Bellemead Development Corporation to discharge treated wastewater into the Rockaway Creek in Tewksbury. The New Jersey Highlands Council had said the project violates the Highlands Regional Master Plan (RMP). The DEP also granted Phoenix Energy Center LLC approval for a redevelopment exemption from the Highlands Rules for their proposed 663 MW power plant located on the Musconetcong River. The DEP under Governor Murphy has still not replaced Christie’s bad versions of the Flood Hazard Rules or Wetlands Rules as Governor Murphy said he would do.

“DEP ignored Highlands protections and the Highlands Council by approving a new sewer plant on Rockaway Creek in Tewksbury. This plant will allow for the overdevelopment of an environmentally sensitive area and the discharge of treated wastewater into a high-quality stream. This will cause more sprawl and threaten the drinking water of millions of people. DEP’s job is to implement the Clean Water Act, protecting our drinking water and the public health and safety. By approving this project, they violated their core mission, siding with polluters and developers,” said Tittel. “The DEP is still allowing for critical forests to be cut in Sparta Mountain. This land is held in the public trust and belongs to all of us. The logging plan will cut down 35.5 acres of the 700 acre old forest in the Highlands and will cause run-off, impact pristine C1 trout streams and the highest water quality in the state.”

During her testimony in front of the Senate Budget Committee, Commissioner McCabe was unclear on whether or not the DEP will repeal the Highlands Septic Density Rules. She made promises to further evaluate the data and re-run the model to create new Rules as a “compromise” effort.

“Commissioner McCabe said she would come up with a ‘compromise’ on the Highlands Septic Density Rules. You cannot compromise when it comes to protecting the drinking water for six and a half million people. The Christie Highlands Septic Density Rules violated legislative intent and threaten the most environmentally-sensitive part of the region,” said Tittel. “The DEP need to step up and protect its own state lands and water supply from the contamination at the Ringwood superfund site. The pollution there has already impacted state land, including Ringwood State Park, Mill Brook, and Sally Pond which are C1 streams and Highlands Water. We need to move forward to designate all Highlands streams providing drinking water for 6 million people as C1.”

Environmental Protection Agency (EPA): F

The EPA proposed mitigation plan for the Ringwood Mines Superfund site does not require a full cleanup of the site. Instead capping and institutional controls will be used to limit the spread of pollutants. Even though the cleanup of Acid Brook Delta and Pompton Lakes is long overdue it is not being done properly. The EPA has changed the requirements to clean-up the toxic plume and now it is under 450 homes. The EPA has also failed to take over the Fenimore Landfill. Ever since the DEP took control of the Fenimore Landfill clean-up, things have been getting worse. This site will be spewing noxious odors for the next 20 years unless the clean-plan is changed.

“The EPA is not fulfilling their obligations to clean-up Superfund and contaminated sites in the Highlands. This can have serious consequences to the communities and region’s drinking water. For example, by allowing by Ford Motor Company to not adequately clean-up the toxic paint sludge site and just cap it, it will impact groundwater and Highlands’ streams. We are also deeply troubled about the Acid Brook Delta clean-up because it is above a water supply intake so that mercury could not only get back into the environment and fisheries but could impact our major water supply intake,” said Jeff Tittel.

The Legislature: C

Legislation to protect and fund Highlands programs have been dismal in the state legislature since they passed SCR163 (Smith)/ACR255 (McKeon) that determines DEP Highlands Septic Rule is against legislative intent.

“The legislature has not moved forward on legislation that would go towards providing funding or improving protections for the Highlands ever since they passed to SCR163 (Smith). The state legislature cannot need to put legislation on Governor Murphy’s desk to sign that will help protect and preserve this incredibly important ecosystem. This includes moving forward on legislation that puts a direct set aside for open space in the Highlands,” said Tittel.

What Still Needs to Be Done

· We need the DEP to pull down other weakened rollbacks put in place by the Christie Administration that increase development and pollution in the Highlands. These include the Flood Hazard Rules, Water Quality Management Planning Rules, and Wetlands Rules.

· Governor Murphy must make appointments to the Highlands Council to ensure that the Council is acting in the best interest of the people and environment of the region.

· DEP gave Bellemead a water permit for their development project that will encourage overdevelopment, increase flooding and pollute our waters in the Highlands

· We need to stop the proposed 663 MW plant on the Musconetcong River in the Highlands Preservation Area. This project would threaten drinking water for the entire Delaware Watershed, be a major source of air pollution generating almost 1.25 million metric tons of carbon dioxide a year and interfere with Governor Murphy’s clean energy goals.

· We need funding for town conformance and for payment in lieu of taxes for open space.

· The Highlands Regional Master Plan must be updated to include the issues of climate change.

· Working with communities to implement appropriate agricultural, historic, and eco-tourism is important to protect and preserve the Highlands.

· Develop a Transfer of Development Rights (TDR) system to prevent inappropriate development. We need to expand the program by providing more funding for TDR purchases and establishing receiving areas for development.

· There needs to be a restoration program to clean-up streams and riparian corridors.

· The Council should re-examine policy on infrastructure that allows for pipelines such as Pilgrim or PennEast to cut through the Highlands or other fossil fuel infrastructure to be built.

· New Jersey must end the practice of “stewardship” projects that act as an excuse for logging such as Sparta Mountain.

“Governor Murphy must make more appointments to the Highland Council so that these members act in the best interest of the Highlands and not developers. He also must stop dangerous infrastructure such as power plants from being built in the region. We also have to remove other weakened regulations such as the Wetlands Rules and Flood Hazard Rules that lead to more development and pollution in the Highlands. said Jeff Tittel, Director of the New Jersey Sierra Club. “The Highlands is one of the most environmentally sensitive area of the region and is a major source of drinking water for up to 6 million people that includes pristine trout streams, and reservoirs. We must do more to protect this precious region.”