Laptop Battery The New Jersey Builders Association lost its fight against new water quality rules without firing a shot when the state Appellate Court dismissed its case this week.
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Thinkpad Attorney Tom Borden of the Rutgers Environmental Law Clinic called the decision a victory for groups fighting two developments in Hunterdon County that threaten protected streams.
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Microsoft And New Jersey Sierra Club Director Jeff Tittel said the ruling will allow the state to expand its program to protect streams from pollution by sewage treatment plants and storm water runoff.
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Laptop Computers The New Jersey Builders Association filed suits in July to challenge state Department of Environmental Protection regulations protecting streams that flow into drinking water sources and provide habitats for endangered and threatened species.
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Laptop Computer The suits claimed the rules contradict the state's plan to manage new development by preventing construction in areas designated for growth.
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Desktop Computer The association also said the rules unfairly target planned developments that would provide affordable housing for New Jersey's "hidden homeless" who can't otherwise afford safe and respectable homes.
Notebooks Borden said the state Appellate Court dismissed the suit Monday because the builders association had failed to file briefs arguing its points. The suits had already been dismissed by a trial court.
Lenovo Affected by this week's decision are the Windy Acres project in Clinton Township and the Milligan Farm development in Union Township. Both developments had included plans for sewage treatment plants that would have discharge treated wastewater into small streams.
Hard Drive The 292-home Milligan Farm is bordered by Sidney Brook; Windy Acres, with its 911 homes, is traversed by the South Branch Rockaway Creek.
Travelstar When the DEP placed its so-called Category One pollution restrictions on the streams, it also revoked permits for the sewage treatment plants.
Gateway Although Windy Acres builder Pulte Homes of Bloomfield, Mich., and Milligan Farm developer K. Hovnanian Cos. of Edison, N.J., are still pursuing the projects, Borden said he sees the appellate court ruling as a major hurdle for both developers.
Laptop Parts In addition to the sewage treatment plants, the Category One rules also apply to storm water runoff from the developments' streets.
Software Meeting the Category One standards, which prohibit "any measurable change in existing water quality," remains a significant hurdle, Borden said.
Hard Drives Tittel said the DEP has held off from applying the protection to other streams while the builders association suit was pending.
Electronics "Now that the lawsuit is out of the way, they can go ahead with some other upgrades," Tittel said.
Canon The Category One protection now applies to about 6,000 miles of waterways in New Jersey. With a requirement that developers leave 300 feet of open space on either side of a protected stream, the rules have the potential to preserve thousands of acres of open space in New Jersey, Tittel said.
Desktop Pc Attorney Paul Snyder, who filed the suits on behalf of the builders association, did not return a telephone call to his office Thursday. Representatives of the builders association also did not return a telephone call.
Desktop Computers By Peter Hall
The Express-Times - 4/16/2004
Topic: Water
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