Contact Jeff Tittel, 609-558-9100

DEP Goes Forward with Rolling Back Highlands Water Protections

The Sierra Club received an Open Public Record Request response from DEP that says they have not issued a response to the legislature concerning the resolution to overturn the DEP Highlands Septic Rule. The DEP was supposed to respond within thirty days of the passing of ACR 192 (McKeon)/ SCR148 (Smith) that determines the rule goes against legislative intent. However, since it has been 67 days and there is no response they are clearing moving forward with the rule. The Highlands Forest Preservation Area is a major source of drinking water for up to 6 million people that includes pristine trout streams, and reservoirs. 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. Now the legislature must pass the resolution again in order to take the rules to Court or for them to become void.

“The DEP has ignored the legislature and ignored the fact that the Highlands rules are a direct threat to the people of New Jersey. Now that they are moving forward with the rule that threatens the clean water for six million people, the legislature must fight back and protect the Highlands. With these rules, the DEP has targeted the most environmentally sensitive areas of the Highlands Forest Preservation Area that will allow 4 times more development. This will destroy the pristine areas of the most environmentally sensitive of the environmentally sensitive Highlands that contains the mountains above our reservoirs and water supply intakes,” said Jeff Tittel, Director of the New Jersey Sierra Club. “We need the Assembly and the Senate to stand up again for the environment and against the Governor’s rollbacks. It is important they act quickly because the rules have gone into effect. Even though the Governor cannot do any more damage to the Highlands, we need to make sure this rule is overturned to protect our environment and clean water.”

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 stood up for clean water and they need to do so again. After the resolution passed both houses, the DEP had 30 days to pull the rule down, make changes, or go forward. Now that they are going forward with the rules, the resolution has to go through both Houses again and then the rules are void. Since the resolution originally passed first in the Assembly they must bring it up for a vote first,” said Jeff Tittel. “This rule clearly violates legislative intent because instead of using data from deep aquifer re-charge that the Highlands Act requires, the DEP data is from mostly developed areas of the Highlands. This is near 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. The law also says non-degradation but these rules allow more pollution, which degrades the waterways from their 2004 levels. This is why these rules should be pulled down because DEP is playing games with the facts.”

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.

“With this rule, Governor Christie used political science over real science to take care of developers and land speculators. 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 4 times increase in the amount of nitrate pollution, which clearly violates the ‘non-degradation clause,” 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. 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 overturns these dangerous and damaging rules because they have now taken effect. The Legislature stood up for the Highlands Act and reaffirmed their authority by working to block this dangerous and damaging rule and they must do so again. These rules violate legislative intent and threaten the entire environment and drinking water of the region. That is why we need the legislature to step in again with this important override resolution,” said Jeff Tittel, Director of the New Jersey Sierra Club. “Now that DEP hasn’t pulled down these dirty water rules, the legislature must go through the process once again and stop the rollback. We need the legislature to stand up for the Highlands and protect our drinking water all over again.”