EPA Cracks Down on Inadequate Spill Plans
The EPA recently levied a penalty of $32,000 against a Newark company for its failure to prepare and implement an adequate Spill Prevention, Countermeasure and Control (SPCC) plan at its oil refining facility. EPA also recently settled its complaint with another Newark company that allegedly had an inadequate SPCC plan at its oil storage facility. The fine in that case was $38,000. EPA Region 2 justifies such aggressive enforcement measures by the urgent need to protect waterways. Over the prior year, facilities in Region 2 have paid total fines of $335,000 for SPCC violations.
Environmental Excellence Awards Progam
NJDEP recently took another step toward achieving the state's environmental goals as identified in NJDEP Strategic Plan 1998-2001, when it unveiled its Environmental Excellence Awards Program (the "Program"). Through the Program, NJDEP will recognize notable environmental performance and projects in New Jersey. The Program includes seven annual awards: Abundant Open Space, Clean Air, Clean and Plentiful Water, Healthy Ecosystems, Open and Efficient Government, Safe and Healthy Communities and Silver Track. (For a detailed discussion of Silver Track, see Riker Danzig Environmental Update, December 1999, at page 1.)
Six of the goals are tailored to meet the state's goals named in the Strategic Plan. As an example, the recipient of the Clean and Plentiful Water award will have demonstrated a positive influence on the state's water bodies by improving ground water, controlling saltwater intrusion, ensuring that sufficient quantities of water are maintained throughout the state for the use of the people of New Jersey, and watershed management to protect water sources.
NJDEP will accept nominations of individuals and entities from second parties as well as self-nominations, and will present the awards on June 5th at the International Environmental Technology Expo.
Governor's Order Affects Wastewater Management Plan Applications
On January 12, 2000, Governor Whitman signed Executive Order 109 (EO 109) in an effort to require more integrated and holistic planning of state water resource issues. The Order expresses concern that extensive development threatens the state's water resources, and thus requires applicants for new or amended Wastewater Management Plans to submit an environmental assessment (EA) that examines wastewater alternatives. The EA requirement is limited to actions that affect 100 or more acres of land or require the disposition of 20,000 gallons or more of water per day. Under EO 109, NJDEP will not approve an application for a new or altered sewer service area, capacity of a sewerage facility, or an area served by septic until an EA has been prepared.
