President:
Anne Poole
Legislative Director: Michael Pisauro
Legislative Update -
On December 8, Senators Paul Sarlo and Steven Oroho introduced a bill with the following innocuous-sounding synopsis: “Extends validity of wastewater service area and sewer service area designations, and revises certain aspects of wastewater management planning process.” The real purpose of the bill is to allow counties and other local planning entities to delay development and adoption of wastewater management plans.
Read More ...Renewable Energy Update - A Step Forward For Offshore Wind Energy Development - by Kris Ohleth & Anne Poole
On December 21, the Department of the Interior published in the Federal Register a notice of Atlantic Wind Connection’s application for a transmission line right-of-way in designated areas of the Outer Continental Shelf. The proposed transmission line will connect offshore wind farms to the mid-Atlantic region’s electric grid.
Read More ...Sediment Control with Compost Filter Socks - by Jason Dorney, MCS Inc.
Compost filter socks are three-dimensional, tubular sediment filters used on construction sites and around farm fields. The compost filter sock is a key tool in reducing the amount of sediment and pollutants that enter our waterways.
Read More ...Save The Date, 2012 Environmental Awards -
Join us at Seton Hall University on the evening of April 23 as NJEL will present its 2012 Environmental Awards to three outstanding individuals.
Read More ...
Legislative Update -
S-3156
Near the end of each year, we remind members that we need an extra dose of financial help because our lobbyist must spend extra time analyzing and opposing anti-environment measures that the Legislature routinely introduces just before the winter holidays, when much of the public is distracted.
This year is no different. On December 8, Senators Paul Sarlo and Steven Oroho introduced a bill with the following innocuous-sounding synopsis: “Extends validity of wastewater service area and sewer service area designations, and revises certain aspects of wastewater management planning process.” The real purpose of the bill is to allow counties and other local planning entities to delay development and adoption of wastewater management plans.
In 2008, the NJ Department of Environmental Protection (DEP) adopted rules that required initial or updated plans to be developed by April 2009. Commissioner Martin then extended that deadline until 2011. Some sewer service plans date from the 1960’s and some areas had no wastewater management plans at all. This, while existing sewer infrastructure has aged and formerly rural areas have been intensely developed, straining the capacity of the land to process wastewater and threatening the quality of water in those areas.
According to the 2008 rules, areas that did not adopt or update their wastewater management plans would not be allowed to issue certain development permits. To assist localities, Federal and State grants were made available. More than 2/3 of the State’s counties updated their plans, but some delayed. Of the plans that were recently submitted to DEP, or are about to be, DEP has stopped reviewing them. This, in spite of the fact that counties have spent $1.6 million in Federal grant funds, along with hundreds of thousands in NJ taxpayer funds on their plans. The current administration is not enforcing the rules, with an official testifying that the regulations are unworkable anyway, which environmental advocates dispute. Delayed implementation would allow developers to obtain permits for projects that most likely would not be built until after the real estate market recovers, but they will be able to avoid compliance with new wastewater management plans.
S-3156 passed out of committee quickly, fast-tracked for passage in the lame duck session. Within days, the Stony Brook-Millstone Watershed Association authored a letter which NJEL and eleven other environmental organizations signed, setting out their objections to the bill. Supportive legislators managed to remove one of the most onerous provisions—the murky “net environmental benefit” test —by which costs and benefits can be manipulated to favor a development project. We expect S-3156 and its Assembly counterpart, A-4335 to be voted on as soon as the first day of the 2012 session, January 5. Beyond this attempt to dismantle water quality protections for the benefit of special interests, there was little legislative activity since our mid-quarter news update.
Senate Concurrent Resolution (SCR) 239, introduced by Senator Barbara Buono, was joined by an Assembly resolution sponsored by Asm. ReedGusciora. As described in previous newsletters, the resolutions would prevent DEP from granting additional waivers to regulations, outside of the procedures that already exist. In order to take effect, the resolutions must be passed by both houses of the Legislature. We are hopeful that will happen early in the session as well.
A new proposal, S-3119, emerged due to concerns about combined sewer overflows that have occurred during the storms and flooding that have battered New Jersey. S-3119 would require sewer plant operators to warn the public if forecasts indicate a risk of sewer overflows. Some old sewer systems handle both waste from plumbing systems and street storm water. When storm water overwhelms the processing capacity of a plant, the water from both sources mixes and untreated sewage flows into waterways. In towns with such systems, where residents fish and use beaches, this poses a health threat. The purpose of the bill is to warn residents to avoid contact with the water during and immediately after storms. NJEL supported this bill during its committee hearing.
* Sen.Buono and Asm. Gusciora are past recipients of NJEL’s Environmental Award
Renewable Energy Update - A Step Forward For Offshore Wind Energy Development - By Kris Ohleth & Anne Poole
On December 21, the Department of the Interior published in the Federal Register a notice of Atlantic Wind Connection’s (AWC) application for a transmission line right-of-way (ROW) in designated areas of the Outer Continental Shelf. The proposed transmission line will connect offshore wind farms to the mid-Atlantic region’s electric grid. A single transmission “spine” can provide transmission infrastructure for wind farms that may be built between New York and Virginia. Avoiding construction of multiple transmission lines is expected to improve the economics of offshore wind energy generation and minimize environmental impacts. According to AWC, the spine will be capable of delivering 7,000 megawatts of electricity to the regional power grid.
Notices are published in the Federal Register after internal reviews of applications by the responsible agencies, in this case the Interior Department’s Bureau of Ocean Energy Management. Extensive information was provided in the application, after months of data gathering and analysis by AWC.
Almost 9,700 square miles of the OCS were examined in the analysis of the characteristics of the marine environment. The characteristics included: the seafloor; protected species; existing structures, including wrecks, cables and other infrastructure; existing commercial and recreational uses; geologic and geotechnical characteristics; and public safety. AWC modeled wind speeds and energy output to determine the optimal placement of farms. As a result of this analysis, most of the initial area was eliminated from consideration and only 300 miles along the entire mid-Atlantic coast will be involved. That area has been identified as the most productive, accompanied by the least impact to the environment and productive human activity. AWC continues to engage stakeholders from all sectors to understand their needs and concerns to further refine the system configuration.
The BOEM took almost nine months to review AWC’s submission before releasing it for public review. As in all Federal Register publications of applications and draft rules, the purpose of the notice is to describe the project proposal and to solicit comment. In the interest of competition, the BOEM is also using the notice to solicit submissions of competitive interest for an ROW grant in the area already identified by AWC. Competing submissions must be accompanied by information that supports the respective proposals and demonstrates capability. All comments and expressions of competitive interest must be received before the 60-day comment period ends on February 21, 2012. After the comment period, the BOEM will follow procedures in the Code of Federal Regulations for granting an ROW when competition exists, or the procedures that apply when no competitors emerge. In the meantime, AWC is proceeding with project preparation. AWC is preparing the required General Activity Plan (GAP), which is expected to be ready in 2012. It is proceeding with project engineering and transmission planning with regional grid operator PJM and the Mid-Atlantic states. Being ready to “hit the ground” is important, because the ROW grant will not be open ended, but will have milestones and deadlines. The risk of not receiving an ROW is a business risk that is part of the reality of any project. Hopefully, the reality for New Jersey will be a renewable energy future!
The ROW application made to BOEM in March 2011, a map of the proposed area, and the Federal Register notice can all be found at: http://www.boem.gov/Renewable-Energy-Program/State-Activities/Regional-Proposals.aspx.
Disclosure: Kris Ohleth is the Director of Permitting for the Atlantic Wind Connection. She also serves on the Board of Directors of NJEL. Kris is an active participant in NJEL’s “Bag It” Film Festival. Questions about the transmission infrastructure project may be sent to her at kohleth@atlanticwindconnection.com
Sediment Control with Compost Filter Socks -
By Jason Dorney, MSC Inc.... from the Environmental Education Fund, continuing a series about water quality
In past newsletters, the Environmental Education Fund (EEF) has presented information about water pollution issues, including the eutrophication of New Jersey’s lakes, invertebrates as indicators of healthy surface waters, and reducing the use of chemical fertilizers. As part of its education mission, EEF provides presentations about watershed protection and distributes information about protecting water resources through personal behavior. There are also commercial and industrial activities that contribute significantly to the pollution of our surface waters. How might that pollution not only be reduced, but prevented in the first place? In the following article, NJEL member Jason Dorney, Vice President of Erosion Control & Green Roofing at MCS Inc., in Williamstown, NJ, explains why sediment control during construction is important and describes a method that the EPA recognizes as a “best practice” in construction. You may have seen these colorful devices which resemble old fashioned “bolster pillows” at private construction sites and wondered why a construction manager might choose them over the black plastic sheeting that is so familiar.Compost filter socks are three-dimensional, tubular sediment filters used on construction sites and around farm fields. The compost filter sock is a key tool in reducing the amount of sediment and pollutants that enter our waterways from construction and farming activity. The socks reduce soil loss due to stormwater runoff and treat the quality of the runoff as well. Compost filter socks are made from locally sourced recycled materials. Most of the compost is created from trees that come from land clearing and yearly trimming. Food waste is also a wonderful source of compost. The organic waste from several large companies, universities, hospitals and markets from around the region is delivered to a state-of-the-art facility in Wilmington, DE. where it is mixed with hardwood to create an ideal filter medium. By using the organic waste to create compost we are diverting it from landfills. Roughly 60% of the solid waste stream sent to landfills is organic material. By using this material we are extending the life of landfills and reducing costs. The mesh (sock) encircling the compost is a high density, multi-filament polypropylene that is photodegradable. It is made in one of two factories located in Chicago and Syracuse. Unlike plastic silt fence, coconut fiber logs, straw wattles and other erosion control products, compost filter socks are manufactured in the US.
According to the EPA, sediment is the most common pollutant of our country’s waterways and most sediment runoff is the result of construction activity. Sediment can clog storm drains and basins, causing them to work less efficiently or even fail. This increases flooding in areas that drain to these systems. Sediment also has deleterious effects once it enters waterways. It causes waters to become murky and turbid, which can hinder animals from being able to see what they are hunting. Turbidity can clog the gills of fish and inhibit their growth and reproduction. As sediment settles to the floor of a body of water, it covers the natural vegetation, reducing plants’ ability to photosynthesize. If sediment deposition continues, it will kill the vegetation. This causes another set of problems. First, plants cease producing oxygen, making the water less inhabitable. Second, as the plants die and decay they absorb oxygen from the water, further reducing its dissolved oxygen content. The combination of reduced oxygen and degradation of habitat for micro invertebrates leads to waterways that are “dead” and unable to support life.
The presence of sediment increases the cost of treating water at treatment plants. It can drastically alter the flow of rivers and streams. It can decrease water depth resulting in an increase of temperature (also harmful to aquatic plants and animals), and hampering navigation of both commercial and recreational vessels. Residents of the lower Delaware River region are familiar with the politics and costs of dredging the Delaware River. Dredging is needed in large part because of the sediment flowing into the river from its tributaries. The problems associated with sediment entering the river are further aggravated because pollutants adhere to the particles of sediment. This is why dredged material needs to be separated and treated.
Chemical fertilizers washed off lawns, plant beds, and agricultural fields are a major source of pollution in waterways. Chemicals cling to the sediment particles in runoff. The nutrient loading associated with fertilizer use is the major cause of algal blooms in our waters. These blooms, aside from the fact that certain varieties are toxic, absorb sunlight and prevent it from reaching plant and animal life in the water column. If these blooms persist they will choke off the plants and reduce the oxygen to levels that cannot support complex life. Algal blooms also reduce the value of waters used for drinking and recreation.The compost within the sock allows the water to flow through but prevents the sediment from passing through. While the concept seems simple, it requires more than simply packing mesh with compost. The compost has very fine particles that tend to become “sticky” when wet. The engineering of specific fine particles and varying sizes of wood chip allows for the right amount of water flow, coupled with the desired filtration. Larger sediment particles will drop out of the water as it slows before passing through the sock, and remain behind the sock. Smaller sediment particles passing into the sock will cling to the “sticky” compost and clump up inside.
When runoff reaches the sock, pollutants are trapped within it. Most common hydrocarbons will be digested by the micro organisms that exist naturally in the compost. This removal action helps to keep metals, bacteria, and nutrients out of our waterways. There are also several natural additives that can be added to the compost filter sock to increase the removal rates of pollutants.
After sediment control is accomplished, there is a restoration stage benefit to using filter socks. Once the area that was disturbed during construction is stabilized, the sock can be cut open and the compost spread as a soil amendment, providing that it is not contaminated. A lawn or ground cover can then be installed on compost instead of new top soil. Not only does this avoid transfer of top soil, which NJ is losing at an alarming rate, but the compost dressing does not require fertilizers or other amendments. The use of compost in creating vegetated areas is one more step in stopping the cycle of pollution. By not using fertilizers you eliminate the possibility of their running off in stormwater. The use of compost also adds organic nutrients to the underlying soil, creating a healthier environment for plants, and micro- and macro organisms. Finally, compost retains roughly five times its volume in moisture. This allows the water to slowly percolate through the ground and recharge groundwater while also being filtered. The infiltration through the ground, which may be thought of as the ultimate goal of soil restoration, is actually the process that is mimicked in the “micro environment” of the compost filter sock. By using compost filter socks, then transforming them (where possible) into vegetated compost blankets, we can create a site where there is little to no sediment laden runoff and a healthy soil environment. We are protecting the quality of our surface waters and preserving our soil.
Disclosure: NJEL member Jason Dorney is Vice President of Erosion Control and Green Roofing at MCS Inc., an authorized distributor of SiltSoxx,™ a patented compost filter sock. To read technical information about controlling sediment with compost filter socks and confirm their status as “best management practices” enter “USEPA information about compost filter socks” in your search engine.
Save The Date - 2012 Environmental Awards -
Save the date! Join us at Seton Hall University on the evening of April 23 as NJEL will present its 2012 Environmental Awards to three outstanding individuals for their courage and persistence in protecting New Jersey’s environment.
Frank Oliver Environmental Award:
The Honorable Connie Wagner—NJ State Assembly
The Honorable Upendra Chivukula—NJ State AssemblyNJEL Environmental Legacy Award:
Captain Bill Sheehan—Hackensack Riverkeeper
REMEMBER!
The New Jersey Environmental Lobby is your voice in Trenton. We are an independent, nonpartisan, nonprofit organization focused on the preservation and protection of a healthy environment for all our citizens. We need your support! JOIN NJEL and help us change the laws!
