Another Friendly Reminder From The Murphy DEP
The Death Of Environmental Enforcement
Just Call The “DEP Helpline”! We Work For You!
“There’s this wink and a nod going on where the DEP is saying, ‘We won’t squeeze you too hard if you just come to the table and settle,’” Wolfe said.
It’s been “a quiet little dance for 10 years,” with the state knowing it can’t get more than pennies on the dollar”, Wolfe said. ~~~ NJ Law Journal, April 15, 2015
The recent controversial Murphy DEP settlement with corporate chemical giant BASF in Toms River clearly exposed the Murphy DEP’s corporate friendly enforcement policy: essentially it’s “Let’s make a deal”.
But, if you were one of the gullible or naive people who were fooled by the NJ Sierra Club and NJ Audubon Society’s support for that deal – in the DEP’s press release, no less! – then perhaps this “reminder” note from DEP enforcement to toxic polluters will convince you.
DEP sent this note to those subject to enforcement of new DEP pesticide fumigation regulations. It says everything but “please, pretty please”: (emphasis mine)
This listserv is being sent as another reminder to the regulated community that the fumigation rules, which became operative on June 6, 2022, have an allowance that allows applications for existing fumigation facilities to continue operations, provided the facility has submitted an air permit on or before February 3, 2023.
A facility that has applied by the February 3, 2023 deadline that was in operation prior to June 3, 2022, and has been working cooperatively with the Department to obtain a permit will not be subject to enforcement action. Enforcement actions may be taken for facilities that failed to submit prior to the deadline or fail to work cooperatively with the Department.
There are no provisions to extend this submittal deadline in the rule adoption in April 2022. Air Quality staff are available for assistance and can be reached at 609-292-6716 (Helpline).
For more details on fumigation, applicability and application content, please refer to the updated Q&A document which can be found at https://dep.nj.gov/wp-content/uploads/boss/permitting-guidance/fumigation-faq-2-1-2023-update.pdf
Another! In other words, the DEP groveled like this more than once!
In case it’s not obvious from the words themselves, here’s what that means.
DEP is giving the regulated companies a HUGE heads up, in case they missed the HUGE loopholes in the regulations, that all they need to do is give DEP a call and say you’re working on it, then you can just keep on doing the deadly things you do and will be immune from any enforcement!.
The permit regulations lack any clear enforceable numeric standards and prohibitions and lots of technical discretion, so it will be easy for you to get a permit to continue business as usual.
Just pay DEP a permit fee and keep truckin’! The permit makes your operation legal!
The EPA doesn’t conduct oversight of DEP anymore, environmental groups are in the tank for DEP, and the media only reports on DEP press releases, so you’re good, no one is watching and we got your back!
Easy peasy.
This is incredible.
It’s bad enough that there are loopholes and weak standards in the permit regulations, but for DEP to go out of their way to give advance warnings and advise companies how to exploit these loopholes is a very clear nail in the coffin of environmental enforcement.
DEP is not only failing to enforce regulatory requirements, they are essentially working as consultants for the regulated companies.
And we thought the Christie DEP was bad for doing that! see and be sure to watch the ABC TV news segment:
Eyewitness News Reporter Jim Hoffer: – “You’re saying that this executive order will bring the polluters and government to an even cozier kind of relationship?”
Wolfe: “Right, it will make government facilitate, not regulate, but actually promote the interest of the polluters, protect the polluters, not the people of the state.”
End Note - I was aware of the DEP "Hotline", but I never heard of the DEP "Helpline" before. When did DEP create this service?
Has there been any news coverage that documents Murphy DEP enforcement performance? How many fines issued, penalties collected, criminal enforcement referrals, et al?
Have any environmental groups issued reports and held press conferences on Murphy DEP enforcement?
I've already written that DEP is violating the law and no longer issuing the mandatory Clean Water Enforcement Act annual reports, and that spawned crickets from media and the NJ Green Mafia, see:
Bill, I'm on your mail list but not a NJ resident. (I live in Colorado, where we have similar problems of a too-corporate friendly State Administration.)
I'm glad you call out enviro groups as needed. Going back to the late 80s and early 90s, I was a Sierra Club member and group leader, focused primarily on Conservation (i.e. environmental protection). But my observation, as well as that of many former activists in the Sierra Club, is that it has really sold out much of its longstanding grassroots enthusiasm for environmental protection, in favor of what I can only say is 'marketing' itself as a home for a 'woke' generation more concerned about social identity than about pushing back on corporate and government malfeasance and resulting environmental degradation. Here in Colorado, as in other states (so I've learned), the decades of experience and wisdom of so many committed activists has been cast aside as those have been literally pushed out the door. Some have been suspended from leadership, while sympathetic others have become demoralized enough to just drop out.
But it isn't just this new (over?) emphasis on making sure that the ranks have lots of diversity in their faces, hair coloring, personal pronouns, etc. that is the main problem. The real problem is that the Club, seeking power and growth, became highly centralized and little more than just another entity that devalued grassroots movements (such as those that arise locally and regionally against fracking, or for stronger regulation of toxics production, etc.) and democracy itself, focusing on mass marketing appeal instead.
I imagine you have a pretty good sense of what I'm talking about here.