Highlands Septic Density Rules Comment Period Extended

Highlands Septic Density Rules Comment Period Extended

The NJDEP has extended the public comment period for the Highlands septic density rules to July 15^th because so many people have come out against this terrible proposal. With this rule proposal, the Christie Administration is trying to weaken Highlands protections based on arbitrary science that has been refuted by our own water quality experts. The proposed septic density rule will increase development in the most environmentally sensitive part of the Highlands called the Forest Preservation Area. This area is a major source of drinking water for up to 6 million people. These rules will not only threaten our water supply, but target open space and will increase flooding. Our water quality experts refuted these changes because the Highlands Act requires water quality data that has not been impacted by development. However, this study used data from the entire Highlands region, not undeveloped areas, including lake communities that have higher levels of nitrates and those that had a shallow aquifer.

“The public outrage against the proposed septic rules in the Highlands has forced the DEP to give us more time to comment against the rules. This rule proposal threatens the Highlands and the drinking water for millions of people and now the public has been given two more weeks to comment against it. These rules will increase development by 400 percent in the Highlands and the public must come out to urge DEP withdraws them. We sent a letter asking for 60-day extension and a public hearing, and all they gave us was two weeks. They haven’t scheduled a public hearing, which is why we need everyone to comment to make sure our concerns are heard. The more we can comment against these rules, the better chance we can stop them,” said Jeff Tittel, Director, New Jersey Sierra Club. “We now have more time to have experts prove how DEP played games with the science and challenge it. The DEP is basing these changes on a general USGS study they paid for to get the results they wanted. Instead of using the peer reviewed information that was upheld by the courts, the DEP introduced a new nitrate standard from arbitrary data that doesn’t reflect the Forest Preservation Area. More time will allow them to show how much a sham the study is and how bad these rules are.”

In the Highlands’ Forest Preservation Area, these rules will increase development by allowing more septic systems. The current septic density standards allow for one individual septic system for every 25 acres in non-forested areas and for every 88 acres in forested areas. Under the proposed rule, no more than one individual septic system would be permitted for each 23 acres within the Protection LUC zone. No more than one septic system would be allowed for each 12-acre lot in the Conservation LUC Zone and no more than one septic system would be allowed for each 11-acre lot in the Existing Community LUC Zone.

“With more time to comment against this proposal, the better chance we have to challenge it. These rules threaten the most environmentally sensitive Forest Preservation Area that helps protect our drinking water, pristine trout streams, and reservoirs. This proposal is not only increasing development in the environmentally sensitive forested areas, but also will more than double the density in the farmland areas. Instead of growing crops in the Highlands, the Christie Administration rather grow homes,” said Jeff Tittel. “The proposal is not about allowing appropriate development in existing communities in the Highlands or promoting commercial uses like office parks. With this proposal, we will see McMansions being built in the sky and promote growth on environmentally sensitive Hamburg and Wawayanda Mountains. A major concern is that 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 current septic density rules were upheld by the Court. In 2008, the Judge wanted more information and remanded it to an Administrative Law Judge. In 2010, that Judge upheld the standard based on additional data. The DEP is using the same basic nitrate model, but adding one change, which is allowing more nitrates and 4 times more pollution. This will then quadruple development in the Forest Preservation Area. Additionally, 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.

“These rules were put in place to protect our drinking water and public health, but the Christie Administration has clearly initiated an attack on both. This proposal will not only rob our clean water supply, lowering our aquifers, but will pollute our streams, rivers, and drinking water. These rules go against the Highlands Act and will undo years of planning and progress protecting water quality. They violate anti-backsliding protections, the TMDL for Passaic and Raritan Rivers as part of overall series of rollbacks to attack the Clean Water Act,” said Jeff Tittel, Director of the New Jersey Sierra Club. “This two-week extension will give the public more time to come out against this rule. We must urge the NJDEP pull down this terrible proposal that impacts the drinking water more than 6 million people.”

Please see the comment period extension notice below:

NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
LAND USE MANAGEMENT
LAND USE REGULATION PROGRAM

Notice of extension of Comment Period
Highlands Water Protection and Planning Act Rules
Definitions; Septic System Density Standards
Proposed Amendments: N.J.A.C. 7:38-1.4 and 3.4(b)

TAKE NOTICE that the New Jersey Department of Environmental Protection is extending the public comment period for the proposal of amendments to the Highlands Water Protection and Planning Act Rules: Definitions; Septic System Density Standards; N.J.A.C. 7:38-1.4 and 3.4(b). The proposal was published in the New Jersey Register on May 2, 2016. See 48 N.J.R. 677(a).

The comment period, which was scheduled to close on July 1, 2016 , is extended to July 15, 2016 . Submit comments electronically at http://www.nj.gov/dep/rules/comments .

The Department encourages electronic submittal of comments. In the alternative, comments may be submitted on paper to:

G. Colin Emerle, Esq.
Attn: DEP Docket Number 02-16-04
Office of Legal Affairs
Department of Environmental Protection
401 East State Street, 7th Floor
Mail Code 401-04L
P.O. Box 402
Trenton, New Jersey 08625-0402