Murphy DEP’s First New Rule is Weak that Does Not Move Us Forward With Clean Water

The Department of Environmental Protection NJ Department of Environmental Protection is proposing amendments, repeals, and new rules to the Stormwater Management rules, N.J.A.C. 7:8. This is the first rule under the DEP have proposed under the Murphy Administration.

“We have waited for almost a year for a new Murphy DEP rule to be proposed. We had hoped it would be for a bold rule, but instead this rule is week. Unfortunately, what we got was a Christie rule with too many loopholes and exemptions that does not do a lot to clean up our waterways. We have a serious problem with pollution and flooding. Stormwater especially is our biggest threat to New Jersey’ clean water and this rule keeps a lot of the status quo. It allows for green infrastructure which is good however it says to the maximum extension practice which is a loophole big enough to fit a bulldozer through,” said Jeff Tittel, Director of the New Jersey Sierra Club,” New Jersey needs to have real action when it comes to dealing with non-point pollution. Unfortunately after waiting 11 months, this rule is benign. With a new administration we expected a major change in policies, but we are still using Christie’s policies. We were hoping for a home run but instead we got a bunt.”

The DEP is proposing to replace the current requirement that major developments incorporate nonstructural stormwater management strategies to the “maximum extent practicable” to meet groundwater recharge standards, stormwater runoff quantity standards, and stormwater runoff quality standards, with a requirement that green infrastructure be utilized to meet these same standards.

“The rule has major flaws in it. Instead of moving us forward it keeps the status quo. In a state with serious water quality problems this means we are going backwards. It exempts existing development which is already the largest source of non-pollution in our state. Which means a box store being built on a former shopping center or a high rise in New Brunswick will be exempted. Roofs and sidewalks are also not included under the rules, even though they contribute to extra pollution,” said Tittel. “The rule calls for green infrastructure but keeps the current standards that does not work. It does not include revegetating stream buffers or riparian buffers as a way of dealing with non point pollution. The amended stormwater rules does nothing to retrofit our stormwater retention and detention basin systems that don’t work that break up impervious cover to absorb more water.”

The Barnegat Bay is turning into New Jersey’s largest stormwater detention basin and its whole ecology is changing. DEP must control development and sprawl near the bay and prevent massive projects like development in Lakewood that will add more pollution to the Bay.

“This rule does not change the basic standard of the amount of water that can be adsorbed into the ground or clean up of non-point pollution. It still has the same standards that do not work in New Jersey in the last 40 years. New Jersey has serious water problems because of non point pollution. That is our largest source of pollution mostly because of runoff. We are seeing Barnegat Bay dying because of non point pollution and runoff. Dissolved oxygen levels are dropping due to high levels of nutrients from stormwater, resulting in algae blooms,” said Tittel.  “We have to address the stormwater management and nonpoint source pollution issues in the Bay otherwise we are going to turn the Barnegat Bay into the state’s largest stormwater detention basin as the Bay continues to die.”

New Jersey need at least $14 billion just to fix our combined sewer overflow systems, but overall we need more than $45 billion to fix our water and sewage infrastructure. We’ve been kicking the can down the road for so long that now the road is underwater and the can is clogging a storm drain. The biggest source of pollution we face is nonpoint pollution and we need to retrofit our stormwater basins to protect our waterways, while revitalizing our waterfront neighborhoods and communities.

“We need to do more to clean up our combined sewer overflow because they are a health hazard, especially when concerned with sea level rise. The rule does not require developers to maintain water on site and instead allows for water to flood other properties. Dilapidated storm water systems exacerbate the problem by increasing the water in combined sewers and we need funding to reduce the amount of water in sewers during major storm events. Only 5% of streams in New Jersey meet standards for being fishable, swimable, and drinkable, mostly because of non-point solution. 65% of our streams are impacted by phosphorus,” said Tittel. “We have to retrofit urban areas for stormwater management. Things like green roofs, wet gardens can help and prevent combined sewer overflow however these methods are exempted because the rule exempts redevelopment.”

Over ten percent of the land in New Jersey is impervious surface, making us prone to flooding and pollution problems. The Christie Administration has weakened our coastal areas to more flooding and pollution. Their Flood Hazard rules add more development to environmentally sensitive areas, getting rid of stream buffers, and eliminating protections for headwaters. Then in a one-two punch for water quality, the Administration increased sewer hook-ups in the Water Quality Management Planning rules, which will have a major impact to open space and nearby reservoirs and streams throughout the state. This will especially impact the most environmentally sensitive areas of the Highlands and Pinelands that contain the water supply for millions of people.

“DEP still have not reversed rollbacks on the wetlands and stormwater rules from the Christie Administration but still allows for outfall structure called scours. DEP’s new Stormwater Management rule does not replace the nonstructural point system and requires most of BMP. Most of BMPs only work 50% of the time in ultimate situations. They do not work in areas with steep slopes or high groundwater. The green infrastructure standards also only deal with total suspended solids, not other pollutants that come off of stormwater runoff like nitrogen or phosphorous,” said Tittel.

An important way to improve our stormwater management is to reverse Christie’s rollbacks and put in place stronger protections. The DEP have to address the stormwater management and nonpoint source pollution issues.

“DEP is just taking the broken current system and adding some green amendments. The rule has a few positives but overall does nothing to change the status quo of pointless non-pollution. The biggest source of pollution we face is nonpoint pollution and we need to retrofit our stormwater basins to protect our waterways, while revitalizing our waterfront neighborhoods and communities,” said Jeff Tittel, Director of the New Jersey Sierra Club.

A public hearing on the proposal will be Tuesday January 8, 2019 at 1:00 pm at the Department of Environmental Protection, 1st floor Public Hearing Room, 401 East State Street Trenton, NJ 08625