Highlands Rules Overturn Resolution Passes Assembly

Today the Assembly voted 52-24 to pass ACR192 (McKeon) and overturn the DEP Highlands Septic Rule by declaring it against legislative intent. The DEP’s proposed Highlands Forest Preservation Area is a major source of drinking water for up to 6 million people that includes pristine trout streams, and reservoirs. These rules will not only threaten our water supply, but are based on arbitrary science that target open space and will increase flooding. Even though the original rules were held up in Court, DEP is using the same basic nitrate model, but adding one change, which is allowing more nitrates and 4 times more pollution in the Forest Preservation Area, which will threaten New Jersey’s drinking water.

“It is critical that the Assembly has stood up to Governor Christie and to protect our Highlands and the drinking water. By passing this resolution, both Houses have sent a clear message that the rules violate the Highlands Act and jeopardize the drinking water for six million people. It’s so important they’ve done this because the rules have gone into effect and threaten this environmentally sensitive region. With these rules, the DEP has targeted the most environmentally sensitive areas of the Highlands that will allow development to destroy these pristine areas. This is the area that contains the mountains above our reservoirs and water supply intakes. Today the Legislature sided with the people and water supply over Governor Christie’s rollbacks,” said Jeff Tittel, Director of the New Jersey Sierra Club.  “We want to thank the Assembly and the Senate for standing up for our environment and against the Governor’s rollbacks. Now that the resolution has passed both houses, the DEP has 30 days to pull the rule down, make changes, or go forward. If they go forward with the rules, the resolution has to go through both Houses again and then the rules are void.”

In the Highlands’ Forest Preservation Area, which is the most environmentally sensitive area of the region and these rules will increase development by allowing more septic systems. These rules will weaken the main feature of the Highlands Act that helps protect the Highlands Forest Preservation Area from development. One of the main concerns with this rule is that the exempted lots that were grandfathered under the Highlands Act would be able to connect to new lots and even make it cost effective to build roads and subdivisions up the most environmental sensitive tops of forested mountains.

“The Legislature needed to step forward because the rule clearly violates legislative intent in multiple ways. The Highlands Act requires a nitrate model from ‘deep aquifer re-charge’ that has not been impacted by development. Instead, the DEP is using data from mostly developed areas of the Highlands around lakes that have shallow aquifers in areas outside the Preservation Area. The data that they used from the USGS came from after the Act went to affect in 2004, which clearly violates the Act itself. This is Trumpian alternative facts since it doesn’t properly measure change in water quality from before the Act was put in place. The law also says non-degradation but these rules allow more pollution, which degrades the waterways from their 2004 levels. This also clearly violates legislative intent,” said Jeff Tittel. “These changes will allow developers to build McMansions in the sky and make it more cost effective to build roads and subdivisions on top of the environmentally sensitive mountains. This is all so our Governor taking care of land speculators and developers at the expense of our water supply.”

This change will allow at least 61 more units in Bethlehem and Byram Township, but it will actually double the requirement when you consider the COAH decision. If the town builds an additional 61 units, it will require at least 12 new affordable housing units. If towns don’t come in and comply, they can get sued with builder remedy lawsuits. These lawsuits would mean for every affordable unit of housing developers build they would get four market units bringing the total to 60, leading to an additional 121 units.

“Instead of using real science, Governor Christies uses political science. Instead of using the peer reviewed information that was upheld by the courts, the new DEP rules changed the nitrate standard that has nothing to do with scientific standards or the law. Highlands water carries a non-degradation standard, which means no additional pollution can be added. However, this new rule is based on an average throughout the Highlands, while the law requires the most protective standard everywhere. This means in areas below .21 mg/l, you will see a 4 times increase in the amount of nitrate pollution, which clearly violates the ‘non-degradation clause,” said Jeff Tittel. “These changes will also double the density of preserved farms and promote growth on environmentally sensitive Hamburg and Wawayanda Mountains. We will also see more pollution from septic systems that leach into our groundwater impacting human health.”

The Highlands Septic rules were put in place to protect our drinking water and public health, but this proposal is a dirty deal for dirty water. This is part of the Administration’s weakening of the Flood Hazard Rules, Water Quality Management Planning Rules as well as the failure to update the Water Supply Master Plan and preventing the Drinking Water Quality Institute from meeting.

“It is even more important that the Legislature has taken action to overturn these dangerous and damaging rules because Christie is trying to repeal the Highlands Act by pushing these Septic Rules that weaken regulations. The Legislature stood up for the Highlands Act and reaffirmed their authority by working to block this dangerous and damaging rule. The changes in DEP’s Highlands Septic Density rule will open the entire Forest Preservation Area in the Highlands to development. The Rules violate legislative intent and threaten the entire environment and drinking water of the region. That is why we need the legislature to step with this important override resolution,” said Jeff Tittel, Director of the New Jersey Sierra Club. “Now that the resolution has passed both houses, if the DEP doesn’t pull down these rules the Legislature will need to go through the process once again and stop the rollback. The people of New Jersey demand that we protect the Highlands and our drinking water!”