Environmental Justice: Federal + New Jersey Updates

This update came from President Biden’s office yesterday, ordering all federal agencies to prioritize environmental justice. This is a big deal. Yet, wile we are still fighting injustice in the form of toxicity, it is empowering to see that many years of advocacy and organizing helped in this advancement. May we remain ever steadfast in ensuring a just and stable planet.

Additionally, New Jersey Governor Phil Murphy and NJ Department of Environmental Protection announced more specifics with respect to environmental justice rules and implementation. In case you missed it, we are sharing below.

AG Platkin and DEP Commissioner LaTourette Announce Eight New Environmental Justice and Environmental Enforcement Actions and Other Settlements

For Immediate Release: April 20, 2023

Office of the Attorney General
– Matthew J. Platkin, Attorney General
NJ Department of Environmental Protection
– Shawn M. LaTourette, Commissioner

For Further Information:
Media Inquiries-
Tara Oliver
OAGpress@njoag.gov
Lawrence Hajna, (DEP)
Larry.Hagna@dep.nj.gov

Canrad Executed Directive
Fort Lee Tire Center Complaint | MJ & Sons Complaint | SB Milltown Complaint
ICC Complaint | ESCO Complaint | Wawa Complaint | Frimair Complaint
American Fabric Settlement | Baja Auto Settlement

TRENTON – Attorney General Matthew J. Platkin and Commissioner of the Department of Environmental Protection (DEP) Shawn M. LaTourette today announced eight new environmental enforcement actions targeting polluters across the State whose toxic legacies continue to threaten public health, safety, and the environment. They also announced that settlement agreements had been reached in two other environmental justice cases.

The eight new matters include five environmental justice actions centering on a broad array of toxic pollutants that have tainted overburdened communities at two separate, unrelated sites in Newark; a site in Fort Lee; a site in Milltown; and a site in Camden. These communities are considered overburdened under New Jersey’s Environmental Justice Law because they have significant low-income, minority, and/or limited-English proficiency populations.

Three additional lawsuits filed today focus on requiring responsible parties to clean up contamination and recovering costs DEP incurred in addressing that contamination at other sites.

Additionally, Attorney General Platkin and Commissioner LaTourette announced two environmental justice case settlements that resolve prior lawsuits by the State.

“Today’s enforcement actions are our latest efforts to fight for environmental justice and stand up for New Jersey’s most vulnerable residents,” said Attorney General Platkin. “Through these actions, we are sending a clear message: whether you pollute our air, our soil, or our water, we will hold you accountable. Our communities deserve no less.”

“Earlier this week, the Department made history by implementing Environmental Justice regulations aimed at reducing future environmental harms to overburdened communities,” said DEP Deputy Commissioner Sean Moriarty. “Today’s actions embody DEP’s commitment to correct the legacy of pollution and make clear the consequences for creating or contributing to environmental injustice. We stand proudly with Attorney General Platkin to remedy these existing problem sites in New Jersey.”

Filed in New Jersey Superior Court, the four environmental justice lawsuits address a variety of environmental threats including the contamination of soil and groundwater, as well as the potential in some cases for harmful chemical vapors. Likewise, the pollutants at issue and violations of law vary from complaint to complaint.  A fifth environmental justice action is a DEP Directive to require the responsible parties to remediate hazardous conditions or face further legal action.  An additional three lawsuits seek to compel remediation and recover the costs of public funds expended at other sites around the State.

All of the pollutants at issue in today’s lawsuits can cause injury to human health and damage to the environment.

Including the lawsuits filed today, the Attorney General’s Office and DEP have filed a total of 56 environmental justice cases in overburdened communities since 2018. To date, the lawsuits have yielded nearly $19 million in judgments.

Many of the cases have resulted in court orders requiring responsible parties to protect public health and the environment by remediating the properties at issue. Such orders are important because they ensure that polluters – not New Jersey taxpayers – bear the cost of cleaning up harmful contamination.

Today’s eight actions seek a variety of court-directed remedies, including clean-up of the tainted properties, payment to the State of civil penalties, compliance with administrative orders previously issued by DEP, and reimbursement to the State for the cost of site investigation, remediation, monitoring, and other related work.

As outlined further in the accompanying papers, the actions announced today include:

Environmental Justice Actions

Canrad Hanovia: The DEP-issued Directive requires the responsible parties to remediate widespread contamination of soil and groundwater caused by former industrial operations, including contamination from volatile organic compounds (VOCs) that can cause numerous health effects. The current owner failed to complete remediation of the site and failed to maintain the remediation funding source. The responsible parties include Canrad, Inc. (previous owner), Sumo Realty, Inc. (current owner), BASF Catalysts, LLC (successor Engelhard Corp.), Citigroup Global Markets Holdings, Inc. (successor Engelhard Minerals & Chemical Corp.), Engelhard Hanovia, Inc., and Hanovia Specialty Lighting, LLC (successor prior operator).

Fort Lee Tire Center: This lawsuit seeks the remediation of gasoline-contaminated soil adjacent to a residential neighborhood. In 1999, the owner discovered and ignored the discharges from multiple underground storage tanks. He then failed to comply with a 2018 DEP order to remediate the contamination. Defendant is Thomas Argiro, owner and operator of site since 1984.

MJ & Sons: The lawsuit seeks to address the operation of illegal solid waste transport and storage businesses and dumping on innocent property owners. The complaint centers on flagrant and repeated violations that disregard DEP orders. Defendants consist of a mix of private individuals and the companies they own and operate including, but not limited to, Walter Miranda, Miriam Miranda, and their corporations MJSons Excavating and MJ & Sons Contractors Trucking.

SB Milltown: The lawsuit seeks to remediate transformer oil discharge containing polychlorinated biphenyls (“PCBs”) released onto the property and into nearby waterways. The previous owner hired a company to perform demolition activities, which included the demolition of three electrical transformers that caused the spill. In the face of inaction, DEP took steps to contain the contamination and partially remediate the property. Defendants include SB Milltown, COBRA Enterprises, SB Building Associates L.P., SB Building GP, LLC, United States Land Resources L.P., Berger & Bornstein, P.C., and Lawrence S. Berger.

International Customer Corp.: This lawsuit involves soil and ground water contaminated with hazardous substances including arsenic, tetrachloroethene (PCE), lead, and nickel. Former company and property owners at the time were obligated to investigate and remediate the site. They failed to do so.  Defendants are Harshad M. Desai, Dinesh R. Desai, and Hiro B. Pahlajani.

Environmental Justice Settlements

American Fabric: DEP filed suit related to the air emissions – oxides of nitrogen (NOx) and VOCs – from a large boiler and textile processing machines belonging to American Fabric, an apparel manufacturer located across from an elementary school in Paterson. Since 2014, the company had failed to complete DEP-mandated tests and annual combustion adjustments and ignored subsequent notices to do so. After DEP filed its lawsuit, American Fabric came into compliance with the Air Pollution Control Act (APCA) and obtained the necessary permit for the equipment currently at the facility and now operates with a smaller boiler. The APCA permit requires annual combustion adjustments to recalibrate its boiler and machines and confirm compliance with air pollution regulations and emissions limits.  American Fabric also paid $50,000 in penalties to settle the litigation.

Baja Auto Services: In 2020, Baja Auto Services closed, and the gas station it owned was abandoned with half-full tanks of gasoline and diesel fuel left underground. DEP filed suit to compel the responsible parties to properly close these tanks before the community is harmed and clean up any spills that occurred.  DEP has since reached a settlement with Baja Auto Services and its former operator.  The underground storage tanks at issue have been emptied and removed from the property in accordance with all rules and regulations, and no evidence of discharges was discovered.  The responsible parties have also agreed to pay a $50,000 penalty.  The settlement agreement has been signed by both parties and submitted to the Court for approval.

Remediation and Cost Recovery Actions

Attorney General Platkin and the Commissioner also announced cost recovery efforts for three cases in which DEP has already made a significant financial investment in remediation.

Oak Ridge: ESCO Products, Inc. (ESCO), performed sampling at their site years ago and discovered a volatile solvent in potable well water. DEP seeks to compel the company to remediate the discharges of hazardous substances and to recover the costs it incurred and will incur to remediate the properties and surrounding areas.

Wawa Plaza: A DEP investigation identified underground storage tanks owned by Melcam Properties, LLC (t/a) Mikes Service Center as a source of benzene and 1,2-dichloroethane contamination. DEP seeks remediation of the groundwater contamination and the recovery of the public funds that DEP has incurred, and will incur, to protect the health and safety of the residents at risk.

Frimair (America) East, Inc.: Frimair (America) East, Inc. (Frimair) and its individual owners/operators dumped or spilled dry cleaning fluid on the ground, where it migrated to soil and groundwater. Dry-cleaning fluid contains perchloroethylene (PERC or PCE), a hazardous substance causing adverse human health effects. The Washington Township Municipal Utilities Authority (WTMUA) conducted water tests prior to bringing a new drinking water well (Well 18) online to address growing water demands. The tests uncovered PCE at levels far exceeding safe drinking water standards. In light of this contamination, WTMUA installed a treatment system at the well, which is located across the street from the Frimair Site.  DEP used public funds to investigate the soil and groundwater contamination and concluded the Frimair Site was the source of PCE contamination at Well 18.  After Defendants failed to respond to DEP’s Spill Act Directive, the State filed suit to compel them to remediate the site, to recover remediation costs and penalties against the former and current owners of the property

The enforcement actions and settlement announced today are being handled by the Environmental Enforcement and Environmental Justice (EEEJ) Section within the Division of Law’s Affirmative Civil Enforcement Practice Group. Those handling the cases include: Section Chief Gary Wolf, Assistant Section Chiefs Jessica Palmer, Kevin Fleming and James LaBianca, and Deputy Attorneys General Lisa Morelli, Dianna Shinn, Bethanne Prugh, Willis Doerr, Dom Stockton-Rossini, Peter Sosinski, J. Matthew Novak, and Nell Hryshko, under the supervision of Assistant Attorney General Aaron Kleinbaum, Deputy Director Jason W. Rockwell, and Director Michael T.G. Long.

Photographs of the sites involved with today’s announcement are available at: https://www.flickr.com/gp/newjerseyoag/h073fY8616

The 2023 Earth Week video is also available at https://youtu.be/–QpYLSW5wA

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Murphy Administration Announces Funding for Offshore Wind Environmental Studies, Entry to Responsible Offshore Wind Science Alliance

As usual, Waterspirit is following ongoing science, advocating for stakeholder engagement and amplifying calls to action that go to the source of climate crisis prevention: fossil fuel pollution. The below is the latest message from NJ Governor Murphy’s Administration:

FOR IMMEDIATE RELEASE
April 19, 2023

Contact: Lawrence Hajna (609) 984-1795
Peter Peretzman (BPU) (609) 900-5626

MURPHY ADMINISTRATION ANNOUNCES FUNDING FOR OFFSHORE WIND ENVIRONMENTAL STUDIES, ENTRY INTO RESPONSIBLE OFFSHORE WIND SCIENCE ALLIANCE

(23/P025) TRENTON – The New Jersey Department of Environmental Protection and New Jersey Board of Public Utilities today announced nearly $2 million in additional funding for efforts to ensure the safe and ecologically responsible development of offshore wind energy to combat the worsening impacts of climate change.

Projects funded through the state’s Offshore Wind Research & Monitoring Initiative (RMI) include deployment of a whale detection buoy, a study to evaluate general species diversity in offshore wind development areas, and another to better understand offshore movement of harbor seals. Funding is also being provided for New Jersey’s entry into the Responsible Offshore Science Alliance (ROSA), a nonprofit organization leading a collaborative effort advancing fish and fisheries research related to offshore wind.

“Development of offshore wind energy is a vital component of the Murphy Administration’s work to mitigate and respond to the worsening impacts of climate change,” said Commissioner of Environmental Protection Shawn M. LaTourette. “These projects will continue to advance the collection of baseline scientific information that will help ensure the responsible development and operation of offshore wind facilities that protect our coastline and its natural resources.”

“We are deeply committed to doing all we can to ensure our offshore wind projects are implemented in as ecologically responsible a way as possible,” said NJBPU President Joseph L. Fiordaliso.  “We are excited about the new RMI grants and their ability to assist us in protecting the environment as we move forward to reach Governor Murphy’s goal of 11 GW of offshore wind capacity by 2040.”

The RMI is a collaborative effort of the DEP and BPU to coordinate research on potential impacts of offshore wind energy development and builds upon extensive work in this area by federal partners, including the Bureau of Ocean Energy Management, the U.S. Fish and Wildlife Service, and the National Oceanic and Atmospheric Administration.

As part of the BPU’s second wind energy solicitation, Atlantic Shores Offshore Wind, LLC, and Ocean Wind II, LLC committed $10,000 per megawatt of project-nameplate capacity awarded – a total of about $26 million – to fund regional research and ecological monitoring. To date, RMI has provided $8.5 million in funding for offshore wind-related projects.
The awards being announced today include:

  • Deployment and maintenance of a whale detection buoy off the coast of Atlantic City:  The buoy will listen for whales, and detections will be reviewed and used to inform NOAA’s Slow Zones for Right Whales program to mitigate risks associated with vessel strikes and future construction noise. This project will also examine how to best use these data to inform management moving forward, including optimizing the response time of the warning signal sent to vessels and the buoy network along the eastern seaboard, educating stakeholders on the capabilities of this technology, and fostering dialogue about how to implement near real-time acoustic monitoring into wind energy development activities. $602,135 was awarded to the Woods Hole Oceanographic Institute for this project, and the award will be facilitated by the New Jersey Sea Grant Consortium.

  • An Environmental DNA (eDNA) study: eDNA is a relatively new, non-invasive approach for monitoring species that are protected or otherwise important to maintaining the ecological integrity of coastal waters and are important to New Jersey’s recreational and commercial fisheries. Small samples of ocean water will be collected alongside traditional survey methods in and around the wind lease areas, and then processed to identify and quantify organisms that were recently present in the vicinity of the sample collection location. This study will result in data that will contribute to the future assessment of potential impacts of OSW on the diversity of organisms in the waters off New Jersey’s coastline during and after OSW construction. $1.2 million was awarded to Monmouth University to conduct the study.

  • A study to better understand the movement patterns and health of New Jersey’s harbor seals, a key predator species: A robust population of harbor seals spends its winters in the Great Bay area north of Atlantic City, but more data is necessary is to better understand how harbor seals use the offshore space where wind energy leases are located. This study will tag and collect baseline health data for harbor seals, such as stress hormones, that should help assess the impacts of future OSW-related activities, including construction and operation, on harbor seals. $682,890 was awarded to Stockton University and the Atlantic Marine Conservation Society for this study.

  • Membership in the Responsible Offshore Science Alliance (ROSA). ROSA is a nonprofit organization leading a collaborative effort to advance research and monitoring on the potential effects of OSW on fish and fisheries, resources that have high social and economic value to New Jersey.  Supporting ROSA complements New Jersey’s membership in the Regional Wildlife Science Collaborative for Offshore Wind (RWSC) and contributes to the greater regional effort to leverage existing and ongoing research, address data gaps, and meet long-term monitoring needs. ROSA provides opportunities for interactions between fishing industry representatives, federal and other state partners, offshore wind developers, and the public. $100,000 was allocated for a two-year membership.

In addition, RMI has issued an updated Request for Proposal to deploy archival passive acoustic monitoring equipment to better understand the distribution and habitat use of baleen whale species, including the endangered North Atlantic Right Whale, in the waters along New Jersey’s coastline. This project will be part of a larger effort that includes collaboration with nearby state, regional, and federal entities seeking to protect marine mammals as offshore wind farms are developed along the eastern seaboard. The updated RFP will leverage funding towards a greater number of listening devices, prioritizing detection coverage. A future solicitation will be created for regional spatial analyses of whale movement and distribution patterns.

RMI projects are selected to address the short-term highest priority research needs, which were identified and based on input gathered from subject matter experts, stakeholders including a variety of state, federal, fishing industry, and environmental organizations, and the New Jersey Environmental Resources Offshore Wind Working Group.

Providing funding for these projects demonstrates New Jersey’s commitment to regional cooperation and will provide important baseline data needed for future assessments of changes to our natural resources resulting from wind farm construction, operation, and decommissioning.

For more information about the Offshore Wind Research & Monitoring Initiative, visit https://dep.nj.gov/offshorewind/rmi
                                                                                                                                                                                                                                       
Follow DEP on Facebook @newjerseydep, on Twitter @NewJerseyDEP, on Instagram @nj.dep and LinkedIn @newjerseydep

Follow BPU on Facebook @NJBPU, on Twitter @NJBPU and on Instagram @njboardofpublicutilities

Environmental Justice Law Adopted In New Jersey 📜

Today, Governor Murphy announced the beginning of the implementation of the landmark environmental justice cumulative impacts law: the adoption of rules. Marcus Sibley, MSW, Chairperson of NJ State Conference NAACP Environmental Justice Committee aptly shared:

“Expecting entities to do the right thing hasn’t ever been a winning strategy for our constituents most vulnerable to exploitation, adverse environmental impacts, gross inaction and divestment.”

This culmination is the result of steadfast efforts by a broad network, only growing in size and power, for ~15 years. We are beyond grateful to all those who have been advocating for this law’s strength.

Will this translate into the denial of air permits and the denial of fossil fuel methane emitting projects? Will it provoke a plan for divestment from fossil fuel in New Jersey’s state pension? So far, not yet. Governor Murphy, during the #PeoplesEarthWeek, still has the opportunity to declare a climate emergency and lead as though a livable future was an agenda priority.

Will the spirit of the law be fully embraced? Time will tell. In the meantime-given the lack of environmental justice in New Jersey- today people were arrested protesting outside a hazardous, polluting compressor station construction site in West Milford.

To read the full text of the rules adoption, click here. Want to help shine a light on opportunities for peace through justice? Check out our Calls to Action Page for ways to use your voice.

Waterspirit in Earth Beat, a Project of the National Catholic Reporter

Waterspirit’s Executive Director, Blair Nelsen, was quoted in this recent piece, “UN Water Conference shows global consensus on universal right to water,” following the UN Water Conference.

So far, only the states of Pennsylvania, Montana and New York have passed state-level "green amendments," which Nelsen explained "are constitutional amendments that protect our rights to clean air, clean water and healthy environments for this and future generations." They are similar to actions taken by several U.N. bodies, including a resolution by the U.N. General Assembly last year declaring that it is a universal human right to have access to a clean, healthy and sustainable environment.

"Every U.S. state that passes a green amendment comes closer to enacting these high-level U.N. commitments on the ground," she said.

To read the full article, click here. To learn more about our campaign to pass a Green Amendment in New Jersey, click here. To learn more about our activities to broaden green infrastructure throughout the state, click here.