Because new, faster environmental permit processing was approved by the state legislature in June, Assemblyman Louis Manzo – during a July 1 press conference at his Jersey City office – has joined with the Sierra Club and other local activists asking Gov. Jim McGreevey to veto the measure.
The measure would streamline the process for obtaining pollution permits in what the state has called Smart Growth areas, forcing the state Department of Environmental Protection to issue an environmental ruling within 45 days of the application.
This, according to Manzo, would be bad news for environmental protection for urban areas such as Jersey City and Bayonne.
“We’re trying to make the public aware of the danger of this bill,” Manzo said. “This is quite possibly the worst anti-environmental legislation in the history of the state.”The legislation was part of a deal that some state lawmakers made, trading off fast-track approval on pollution control for pro votes to pass the recent Highlands Preservation Act.
The new permit bill seems to conflict with Gov. McGreevey’s previous statements that would give local communities more control over the cleanup and development of contaminated land.
Under the fast-track legislation, the state Department of Environmental Protection would have 45 days to deny a permit – otherwise the permit is automatically issued.
Manzo and other environmentalists argue that the provisions of the bill allow permits-by-rule to be granted without any review, and establish a process where an Office of Administrative Law judge has final authoritative powers to approve permit applications, leaving the public with no recourse for appeal.
“This bill is clear in its preference to jeopardize the health and welfare of city residents by accelerating more pollution, roads and buildings,” said Kelly McNicholas of the Sierra Club. “And it assumes their rights to participate in the development of their communities are somehow less valid.”
Almost all permitting programs within the departments of Environmental Protection, Community Affairs and Transportation can be fast tracked in Jersey City under this bill. Remediation of toxic sites, projects of the Port Authority, and parkland diversions are a few of the programs that will be subject to the 45 day review timeframe before automatic approvals are granted.
Manzo called this an unreasonable amount of time – especially in cases where there are complicated environmental issues involved.
The permit in question would allow an area to have a certain amount of pollution.
“The problem is that the 45-day limit is not enough time for the DEP to determine if there is an environmental hazard or not,” Manzo said. “This has become an issue of environmental justice, especially for urban areas like ours. In some cases, it will be very hard for the DEP to give the thumbs-up or thumbs-down on a request. If there is an automatic approval, that means homes may be built on contamination, such as the chromium sites in Jersey City.”
Manzo, who served on the Hudson Regional Health Commission for years, said he is very familiar with some of the contamination sites in and around Hudson County, and that the fast-track approval process would put lives at risk if signed into law.
Hudson County – because of its proximity to New York – will be most impacted, Manzo said, as more developers seek to get approval for projects on contaminated land. Instead of cleaning up the problem, developers would put soil over the contamination, capping it but leaving a potential health risk for future generations.
“We’re asking the governor to veto this bill,” Manzo said.
“Everyone, including the environmentalists, agree that the current permit process takes too long. We’re willing to work with the governor to craft sane legislation that would address the problem.”
OK for mom-and-pop stores
Manzo said a law on permits should give fast-track approval to the less complicated issues such as for “mom-and-pop businesses” whose environmental concerns are much clearer.
But for the more complicated sites where there clearly is an environmental concern, the DEP should be allowed more time to investigate than the current fast-track legislation provides for.
“This legislation is deranged,” Manzo said. “And the sponsors of these bills want to roll back the clock on environmental law and put people at risk.”
Manzo said he is beating the bush to find people to contact the state and raise their objections to the law. He has already received support from The Baykeeper, the Friends of Liberty State Park, fellow 31st District Assemblyman Anthony Chiappone, and others.
“The governor has to July 24 to sign the bill,” he said. “We’re trying to convince him not to.”