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Spring 2016, Volume XIX, Issue 1 HackensackRIVERKEEPER®is the independent, non-governmental advocate for the Hackensack River. NJDEP’s Unfair Public Access Rule Struck Down Hackensack Riverkeeper continues to fight for fair and equitable public access legislation. By Andrea Leshak communities could provide. The DEP’s Public Access Rule, media In a unanimous decision court’s decision found the 2012 outlets, developers, and even the released on December 22, 2015, rule to be outside the scope of DEP itself began questioning the New Jersey Appellate Divi- DEP’s legal authority (ultra vires whether the DEP still retained sion sided with Hackensack in legal jargon), and therefore authority to require public access Riverkeeper and struck down the struck down the rule in its entirety. as a condition of issuing develop- “Public Access Rule” promulgated The court’s clear finding that DEP ment permits. Hackensack River- in 2012 by the New Jersey Depart- lacked the authority to promulgate keeper believes that the Court’s ment of Environmental Protection its 2012 rule was a huge victory decision did not impact DEP’s (DEP). Hackensack Riverkeeper, for Hackensack Riverkeeper and authority in this regard; however, along with NY/NJ Baykeeper, for our northern waterfronts, as it given the public confusion on this brought the action challenging the made clear that public access is an point, we supported a legislative rule in order to address problems important policy issue that must stopgap fix that would clarify with it, most notably the rule’s in- be addressed by the legislature. DEP’s continuing authority to re- equitable restrictions on the public Within days of the Appellate quire public access as a condition access that our urban waterfront Court’s decision striking down the Continued on page 3 EPA Begins Superfund Testing This Spring US Environmental Protection Agency will sample lower Hackensack River sediments. By Hugh M. Carola fund site – a step we urged the ing of industrial discharges, the By the time you read these agency to take last year, and which Phase II stormwater rules, ongoing words, federal contractors will it agreed to last September. cleanups of contaminated sites, most likely be engaged in taking It’s true that the lower Hack- new individual CSO permits, and core samples of the riverbed be- ensack River has gone through of course the protection of all tween the Hackensack’s mouth at many positive changes since the 8,400 acres of wetlands and water- Newark Bay and the head of tide at Clean Water Act was passed in ways in the Meadowlands. Despite Van Buskirk Island in Oradell, NJ. 1972, including: modernization of all those victories and the fact that The work represents the first major wastewater treatment, the end- large numbers of wildlife species step to determine if the Hackensack Continued on page 4 River warrants listing as a Super- Inside At the Helm 2 Watershed Field Notes 10 Identifing Community CSOs 3 Waterkeeper loses a Hero 12 EarthFest Overpeck 4 Volunteer Corner 13 2016 Eco-Program Listing 5 Thank You Supporters! 15 Reservoir Paddle Series 8 Ambassador Update 22 World Series of Birding 9 Upcoming Events 24 Page 2 Hackensack Tidelines-Spring 2016 A word from Captain Bill 231 Main Street Hackensack, NJ 07601-7304 Phone: (201) 968-0808 Fax: (201) 968-0336 Hotline: 1-877-CPT-BILL [email protected] www.hackensackriverkeeper.org Board of Trustees Ivan Kossak, CPA, President Rob Gillies, Vice President Frank Massaro, Secretary Dr. Beth Ravit, Treasurer Al Knight Robert Ceberio elm Susan Gordon H Virginia Korteweg At the photo © Kelly G. Palazzi Ellie Spray Dear Tidelines readers —I’d originally planned to write about the Margaret Utzinger ill-conceived proposals to develop portions of Liberty State Park Nancy Wysocki when our good friend and colleague Greg Remaud had the following Honorary Trustees Op-Ed published in The Record on February 28. Upon reading it, I Robert F. Kennedy, Jr. realized I could do no better so we’ve reprinted it here for you. William “Pat” Schuber Thank you, Greg! — Captain Bill Executive Director Captain Bill Sheehan, Liberty State Park By The Numbers Hackensack Riverkeeper HRI Staff Hugh Carola, Program Director By Greg Remaud, charges for playing time where Caitlin Doran, Outreach Coordinator Deputy Director, NY/NJ Baykeeper a free outdoor playing field for Jennifer Gannett, Grant Writer everyone should be, and other Jodi Jamieson, Project Manager Liberty State Park is about Mary Knight, Operations Director people, freedom, history and commercial activities where the Andrea Leshak, Staff Attorney America’s great melting-pot cherished local Camp Liberty Mike Panos, Donor Relations culture. It’s about picnics, friends, calls home. Leasing parkland to developers is needed to close a Elizabeth Balladares, family, kites and free fireworks Watershed Ambassador above Lady Liberty on the Fourth “$2 million deficit” at the park, so the administration contends. of July. It’s about everyone having Jodi Jamieson, Managing Editor access to a nature that is near to Wrong: the $2 million is a stan- Hugh Carola, Copy Editor dard operating budget for a park home. But to the Christie admin- We gladly accept submissions of articles, istration, the park is merely real that serves up to 5 million visitors photography and advertisements from per year and generates millions of the community; however, we retain edito- estate and numbers. Worse still, rial discretion. We do not necessarily en- the administration’s development dollars in ancillary spending. It’s a dorse any individual or company whose proposals are bad and their figures bargain. advertisements are found in these pages. are questionable. Those and other commercial proposals would occur on what Hackensack Tidelines NJ Department of Environ- is published quarterly mental Protection’s recent pro- they say is “only 38 acres” of the on recycled paper. posal, The Future of Liberty State park. However, the associated Riverkeeper is a registered trademark and parking, traffic and development service mark of Riverkeeper, Inc. and is Park, recommends building a licensed for use herein. private hotel where the historic creep would affect the free access Waterkeeper is a registered trademark and to public amenities throughout the service mark of Waterkeeper Alliance, Inc. Central Railroad Train shed is and is licensed for use herein. located, an indoor sportsplex that Continued on page 23 Hackensack Tidelines-Spring 2016 Page 3 Public Access rules continued from page 1 of development permits. Within a month of the Court’s decision, on January 19, the New Jersey Legislature passed and Governor Christie signed into law Senate Bill No. 3321, thereby clearly affirming the Department of Environmental Protection’s (DEP) authority to require public Support for keeping the Public in Public Parks! access as a condition of granting On President’s Day, February 15, two hundred activists led by Friends of permits under the Coastal Area Liberty State Park President Sam Pesin (4th from left), rallied against the Facility Review Act (CAFRA) and Christie proposal to develop portions of the park. Riverkeeper staff and the Waterfront Development Act. volunteers led by Captains Bill Sheehan and Hugh Carola lent their voices This stopgap fix was important to to the effort. clarify the DEP’s ability to contin- ue requiring developers to include Senator Bob Smith (D-Middlesex) our main goal is to push for legisla- public access as part of develop- has commissioned a Public Access tion that ensures fair and equitable ment projects. Yet comprehensive Task Force charged with develop- public access for all of New Jer- legislation is still needed to pro- ing a set of recommendations for sey’s coastal communities, particu- vide the DEP with clear guidance what should be included in the larly our northern urban communi- and standards that will guarantee legislation. ties. We look forward to resolving the public’s longstanding right of The Public Access Task Force years of DEP’s faulty and illegal access to New Jersey’s beaches, must provide recommendations to regulatory schemes by developing tidal waterways, and adjacent Senator Smith by April 26, 2016. inclusive legislation that protects shorelines. To address the need Hackensack Riverkeeper is an ac- the public’s longstanding rights of for fair public access legislation, tive member of the Task Force, and access. CSO Update: Now You Can Identify CSOs In Your Community! By Andrea Leshak permittees had to install CSO outfall Throughout New Jersey and within the signs to notify the public of CSOs in Hackensack River watershed, there are Combined their communities – before January 1 Sewer Overflows (CSOs), which effectively dump of this year, there was no requirement a mixture of sewage and stormwater directly into to notify the public of CSO outfalls! New Jersey’s rivers and bays during rain events. Interested persons can also locate For years, New Jersey only regulated CSOs with CSOs through the DEP’s new CSO lo- a very lax general permit. Under pressure from cator (go to http://www.nj.gov/dep/ Hackensack Riverkeeper, however, New Jer- dwq/cso-basics.htm and scroll to the middle sey issued much stronger individual permits to of page). Thus far, it appears that permittees municipalities and treatment plants with CSOs; are in 100% compliance with the permit those permits went into effect in July 2015. Since terms. Hackensack Riverkeeper will then, there have been multiple permit obligations, continue to monitor permitee including the submission of monthly Discharge obligations under the new indi- Monitoring Reports, quarterly Progress Reports, vidual permits to ensure that Compliance Monitoring Work Plans, and Sys- New Jersey finally tackles tem Characterization Work Plans. In addition, its CSO problem! Page 4 Hackensack Tidelines-Spring 2016 EPA Superfund Testing dye-making, metal plating, chemi- continued from page 1 cal manufacture and more saw have returned to the river in recent the river polluted with mercury, decades, the river bottom remains chromium, nickel, cadmium, lead.

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