No. 45
STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Assemblyman SCOTT T. RUMANA
District 40 (Bergen, Essex, Morris and Passaic)
Assemblyman DAVID C. RUSSO
District 40 (Bergen, Essex, Morris and Passaic)
Assemblyman THOMAS P. GIBLIN
District 34 (Essex and Passaic)
Assemblywoman MARLENE CARIDE
District 36 (Bergen and Passaic)
Assemblyman KEVIN J. ROONEY
District 40 (Bergen, Essex, Morris and Passaic)
SYNOPSIS
Urges DEP to suspend certain actions concerning open-air reservoirs until after EPA completes its next scheduled review of certain guidelines.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
A Joint Resolution urging the Department of Environmental Protection to suspend certain actions concerning open-air reservoirs until after the United States Environmental Protection Agency completes its next scheduled review of guidelines concerning the capping of water supply reservoirs.
Whereas, In order to protect against contamination of drinking water supplies in open-air reservoirs used as drinking water sources, the United States Environmental Protection Agency (EPA) adopted the “Long Term 2 Enhanced Surface Water Treatment Rule” (LT2 rule), which requires all open-air reservoirs to be covered or, alternatively, for additional treatment requirements to be implemented to the water supply; and
Whereas, Three open-air reservoirs in the Passaic Valley Water Commission’s drinking water supply system - the Levine Reservoir located in the City of Paterson, and the New Street and the Great Notch Reservoirs located in the Borough of Woodland Park - are not currently in compliance with the LT2 rule; and
Whereas, To bring its open-air reservoirs into compliance with the LT2 rule, the Passaic Valley Water Commission is proposing to replace the reservoirs with closed water tanks, beginning with the Levine Reservoir, in accordance with an administrative consent order entered into with the New Jersey Department of Environmental Protection (DEP); and
Whereas, Phase I of this project - draining the Levine Reservoir located within the City of Paterson’s historic district and replacing it with two concrete tanks - is scheduled to begin in 2015 at an estimated cost of $35 million, and it is estimated that completion of the whole project will cost $135 million; and
Whereas, The draining and replacement of these three scenic reservoirs with concrete storage tanks will mar the landscape, impact wildlife habitat, depress property values, increase water rates, and negatively impact the area’s historic districts, including the Great Falls National Landmark Historic District; and
Whereas, The EPA is in the process of conducting an evaluation of the LT2 rule that is not anticipated to be completed until 2016, and that may result in changes to the LT2 rule; and
Whereas, The Legislature therefore determines that it is prudent and in the best interest of the people of the State of New Jersey to urge the DEP to not take any action approving the capping, other enclosure, or draining of open-air reservoirs until the EPA completes its next scheduled review of the LT2 rule; now, therefore,
Be It
Resolved by the Senate and General Assembly of
the State of New Jersey:
1. The Department of Environmental Protection is urged not to take any action approving the capping, other enclosure, or draining of open-air reservoirs until the United States Environmental Protection Agency completes its next scheduled review of the “Long Term 2 Enhanced Surface Water Treatment Rule,” or “LT2 rule.”
2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Secretary of the Senate or the Clerk of the General Assembly to the Commissioner of Environmental Protection, the Administrator of the United States Environmental Protection Agency, the Region II Administrator of that agency, and the Board of Commissioners and Executive Director of the Passaic Valley Water Commission.
3. This joint resolution shall take effect immediately.
STATEMENT
This joint resolution urges the Department of Environmental Protection (DEP) not to take any action approving the capping, other enclosure, or draining of open-air reservoirs until the United States Environmental Protection Agency (EPA) completes its next scheduled review of the “Long Term 2 Enhanced Surface Water Treatment Rule,” or “LT2 rule.”
The Passaic Valley Water Commission is proposing to replace its three open-air reservoirs - the Levine Reservoir, located in the City of Paterson, and the New Street and the Great Notch Reservoirs, located in the Borough of Woodland Park - with water storage tanks. Draining these three scenic reservoirs and replacing them with concrete storage tanks will mar the landscape, impact wildlife habitat, depress property values, increase water rates, and negatively impact the area’s historic districts. The EPA is currently evaluating its regulations concerning open-air reservoirs. This resolution urges the DEP to withhold action that would result in the capping, other enclosure, or draining of open-air drinking water reservoirs until the EPA concludes its evaluation, which is anticipated to be in 2016.