For Immediate Release
January 3, 2013 Contact Jeff Tittel, 609-558-9100
Bills Let Sewage Treatment Plants Off the Hook Two new bills would allow Passaic Valley and other sewage treatment plants to pollute without any consequences and without having to fix the problem.Hurricane Sandy damaged our sewage plants including the Passaic Valley Sewage Plant and Middlesex Country Sewage plant spewing partially treated sewage into our waterways. Almost every major sewage plant around Raritan Bay and Newark Bay failed at some point during the storm as well as many plants along the coast. These discharges are the largest sewage spills since the passage of the Clean Water Act. In addition many of these facilities receive toxic chemicals from Superfund Sites or other hazardous sites from pump and treat systems. They also receive industrial wastes from factories including toxic and hazardous materials making this an even bigger potential public health issue. Now instead of strengthen regulations, legislators are introducing bills to let these facilities off the hook.
"Sewer plants and government entities should not be let off the hook for toxic chemical that spill into our waterways or environment. They can be some of the biggest polluters we have. If we do not hold government agencies accountable we are giving them a polluter holiday. This will mean more accidents, more spills, more toxins, and sewage sludge going into our environment. These pieces of legation will actually do more to hurt the environment and public health than protecting these government entities from fines, penalties, or litigation," *said Jeff Tittel, Director of the New Jersey Sierra Club.* BillS2322 (Scutari) - Prohibits contribution action against local unit for cleanup and removal costs or any other damages associated with discharge of hazardous substance. This legislation prevents people, companies or other entities from suing government agencies like sewage authorities for toxic pollution. For instance if a water authority accidently dumps toxic chemicals on the ground that get into a local well you cannot sue the water authority. Even if a town car garage ends up leaking gasoline and gets into a well the resident cannot sue for damages. Whatever a government entity does to contaminate the environment they cannot be sued or forced to pay a penalty under this legislation.
"People are harmed by toxic spills or by pollution should have the right to sue. Through this legislation families affected and even taxpayers would be burden finically while those who caused the pollution are off the hook," Jeff said. Bill,S3550 (Spencer) clarifies that certain types of sewage and sewage sludge expelled from a public sewer system or treatment plant are not hazardous substances for purposes of "Spill Compensation and Control Act". In this legislation the definition of sewage sludge includes industrial waste and toxic chemicals. This also could include fracking waste if it was sent to the plant. It also includes the whole sewage systems if pipes break or pumping stations fail to work not just the discharge. Instead of tackling this issue by introducing legislation holding companies and towns accountable for spills these bills will do the opposite. These bills will allow public entities to keep polluting without any consequence and with no deterrent to do the right thing since there is no liability. After all the pollution that has been spilled into our environment after Sandy these pieces of legislation let's these entities continue to get away with dumping potentially causing an environmental and health calamity. These spills have caused tremendous implications and to not be able to hold these plants liable for the damage done to the environment, fisheries, and our health not only undercuts environmental enforcement, but hurts property that has been affected.
"After Hurricane Sandy with billions of gallons of sewage as well as toxic chemicals going into our waterways we should be strengthening our clean water and toxic spill laws not weakening them. This type of legislation will lead to more abuse and mismanagement actually undermining good government and add more pollution into the environment," said Tittel. Jeff continued, "We have 72 major sewage plants above water intakes on the Passaic River, more than 60 on the Raritan River with dozens more on the Delware. This will allow more spills and sewage sludge into our waterways having a direct impact on our water supply impacting public health and environment." In addition these pieces of legation are unconstitutional setting up a different class between public and private entities. Under these bills if a person or corporation spills chemicals they can be sued and held liable, but not a governmental entity. Setting up two classes where one is held accountable and one is not makes these bills unconstitutional. These bills also gut the Spill act since government entities have been a major source of chemical spills and pollution in the state of New Jersey At one time there wasclose to a billion gallons of raw sewage a day spewing into our waterways and even to this day Passaic Valley Sewage Plant is putting our sludge. More than 80 plants according to DEP had problems after Sandy. To this day Passaic Valley is still putting sludge out. This is an environmental and public health disaster with areas all around with the DEP just recently lifting boil water advisories because of sewage and the DEP issuing recreational fishing and boating advisories. It has been months since these plants are still not fixed. We need the DEP to hold these agencies accountable and to make sure this does not happen again with S3550 doing the opposite of that. fix this situation immediately because we cannot allow the potential for billions of gallons of more sewage to enter our waterways putting the public health at risk. This raw and partially treated sewage is an ecological and public health disaster. Many towns and municipalities had water advisories in place like New Brunswick meaning sewage has entered the water. Raw sewage is an extreme health hazard containing all kinds of pathogens including everything from E-coli to salmonella even meningitis. Direct contact with this sewage water can lead to serious health problems from an ear ache to digestive problems or even worse. With floodwaters going into towns, homes, or basements this could be a serious health concern.
"This is the season for giving, but not giving polluters a free pass that will end up meaning more pollution in our waterways and toxins in our communities impacting both the environment and public health. These bills are a major step backward for clean water and toxins in our environment by not only weakening the clean water act, but eliminating the Spill Act when it comes to governmental entities. Ronald Reagan said 'Government is not the solution, but the problem' with this legislation now 'Government is the pollution and the problem,'" Jeff Tittel stated.
-- Kate Millsaps Conservation Program Coordinator NJ Chapter of the Sierra Club 609-656-7612