Monday, May 8, 2017

NJ court overrules on procedural grounds DEP permit for wastewater discharge to Rockaway Creek in Highlands

Appellate remands paperwork to DEP, arguing it did not properly follow regulations when issuing original permit


Tom Johnson reports 
for NJ Spotlight:

The state failed to follow the law properly when it granted a permit to discharge wastewater from a treatment facility into Rockaway Creek in Tewskbury Township, according to an appellate court ruling.
In a win for the township, the Raritan Headwaters Association, New Jersey Highlands Coalition, and Sierra Club, the court remanded the case to the New Jersey Department of Environmental Protection.
The case is the latest to see the state’s environmental groups in court challenging the actions of the DEP in approving projects over their protests about lands specially set aside by planning laws, such as the New Jersey Highlands Act and Pinelands Protection Act, in recent years.
The decision hinged largely on procedural grounds that the DEP failed to prove it had consulted with the New Jersey Highlands Council before it granted a permit to allow the Bellemead Development Corp. to dump sewage from an office park into the nearby creek, a Category 1 stream, the most pristine type of waterway in the state.

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