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Builders Raise Stink Over New Septic Rule

Laptop Battery The state Department of Environmental Protection has not approved a single housing development using a septic system since such projects came under increased scrutiny eight months ago.

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Thinkpad Former Gov. Christie Whitman ordered the DEP in January to adopt the new septic regulations in an effort to protect streams and ground water from degradation.

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Microsoft But builders say Whitman's final environmental initiative effectively has placed a statewide moratorium on new septic-dependent housing.

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Laptop Computers "To have a government department impose a moratorium on housing construction simply to give the outgoing governor something new on her resume is unconscionable," said Patrick J. O'Keefe, CEO of the New Jersey Builders Association. "We look to DEP to protect natural resources, not to deny people a decent place to live."

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Laptop Computer More than half of all development in the past 10 years has been on land using septic systems, Whitman said days before leaving office to head the U.S. Environmental Protection Agency.

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Desktop Computer The septic rules, which took effect March 20, require the DEP to ensure that developments as small as six homes do not degrade ground water or nearby streams with wastewater discharged from their septic systems. Previously, only developments of 50 or more septic-dependent homes received such an examination.

Notebooks "You had large developments happening in this state that were escaping scrutiny," said Mary Sheil, director of the DEP's Division of Watershed Management. "Now, we are looking at them for their environmental impacts."

Lenovo The division has explained the new septic requirements in four educational seminars attended by hundreds of builders and developers, Sheil said.

Hard Drive DEP officials have conducted in-depth meetings on about 50 projects, and those resulted in about 10 applications filed to date, Sheil said.

Travelstar Applications for a school expansion and a retail development have been approved, but the division has yet to act on an application for new homes.

Gateway The builders association is asking a state Appellate Division judge to throw out the septic rules, claiming they are unreasonable and were adopted without following proper legal procedures.

Laptop Parts Joined by the New Jersey Association of Realtors, the New Jersey Concrete and Aggregate Association and the Utility and Transportation Contractors Association of New Jersey, the builders now are asking the judge to expedite the case because they claim the rules have effectively prohibited septic-dependent housing.

Software The DEP says there is no problem with the rules. Rather, the DEP's Sheil said, the problem lies in part with the many small developers who never have been through a rigorous environmental review before.

Hard Drives The builders must hire experts to determine the project's effect on stream corridors, stormwater runoff and groundwater supplies, all of which takes time, according to a Nov. 8 legal brief by Deputy Attorney General Daren Eppley arguing that there is no urgency to the case.

Electronics "Because these rules are relatively new, it is not surprising that projects ... are in the preliminary phases of the water-quality planning process," Eppley wrote.

Canon The builders association argues that the problem is with DEP rules that lack clear standards.

Desktop Pc The septic rules were adopted from a much larger proposal - the Water Quality Management rules - that would have prevented new sewer lines from being extended into many rural areas. The full proposal was dropped when builders complained it was too restrictive and environmentalists claimed it was rife with loopholes.

Desktop Computers Instead, Whitman issued an executive order directing the DEP to adopt only the septic portion of the proposal. In doing that, the DEP failed to detail precisely what environmental standards septic-dependent developments are expected to meet, according to the builders association's O'Keefe.

Think Pad Builders are hearing one standard in meetings and seeing another in documents published on the state's Web site, O'Keefe said.

Repair The DEP is taking months to issue guidance on specific projects and many builders have received no word on what the DEP will require of them, he said.

Data Recovery "Had they done this correctly, then perhaps we would have gotten the benefits they claimed without the disaster they've caused," O'Keefe said.

Cisco The latest Economic Indicators report from the state Department of Labor shows the alleged septic moratorium already is slowing home construction, he claimed.

Keyboard The October report indicates that the number of homes authorized by building permits through August is 19.6 percent lower than the comparable period a year ago.

Monitor A leading environmental group, however, said that the downturn in housing starts is more likely due to the softening economy than the new septic rules.

Desktop Developers already have enough projects approved to build homes for the next 10 years, said Jeff Tittel, director of the Sierra Club's New Jersey chapter. That's not to say the septic rules are perfect, he added.

Infosys "I think the rules need to be fixed, but I strongly believe that the DEP needs to be involved in planning septic developments," Tittel said. "It's absolutely critical for the environment and public health in New Jersey."

By Jack Kaskey
The Press of Atlantic City - 11/19/2001

Topic: Sprawl

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