Hackensack Riverkeeper's history of environmental protectionThursday October 4, 2012, 3:54 PM
BY KELLY NICHOLAIDES
STAFF WRITER
South Bergenite
'The activist is not the man who says the river is dirty. The activist is the man who cleans up the river.'" Ross Perot
PHOTO/MARKO GEORGIEV
Captain Bill Sheehan gives a talk on one of his pontoon boat tours. PHOTO/HRK
A cleanup along the Hackensack results in a large load.
The Hackensack Riverkeeper organization has evolved from exposing polluters to keeping government in check and educating citizens - with lawsuits, property remediation, lobbying and environmental education programs.
The non-profit started out as a river watchdog 15 years ago. On Aug. 22, Captain Bill Sheehan led a group on a pontoon cruise from Snake Hill in Secaucus to the South Bergen area, as he has been doing every summer day for the past 15 years.
"The tide is coming in high," Sheehan begins.
The tide perhaps metaphorically reflects the organization's progress as stewards of the river.
Sheehan leads the group to the single largest Superfund site in the United States-the mercury-infested Berry's Creek Canal, which leads into Berry's Creek. Poles monitor the lowest water points, scientific data, and how nature uses the creek.
"The baseline study readings show there's not a lot of [current] transport of contaminants," Sheehan notes.
But the damage is done. Case in point: Oysters. "Their shells are paper thin, supposed to be thick so you can shuck them open. Crabs are also showing diseases," Sheehan explains.
Ventron cleaned up the mercury pollution on the uplands, local officials said. "The creek they are still trying to come up with remedy for, figure out the best way to address the issue," said Hackensack Riverkeeper legal counsel Chris Len. "The EPA is making progress on it, and Superfund cleanups are always slow, like on a conveyer belt. We are working with the EPA to ensure the best job possible to address the issue and look at study areas."
Len noted that organization's challenges have evolved, but the organization is the same. He notes that federal authorities are in the third year of a five year study, and have identified 70 parties responsible for the Velsacore site pollution and sent industrial equipment to remove mercury.
"We got a technical assistance grant so we can monitor work there at Berry's Creek," Len says.
Toxicity may decrease on a year to year basis as nature repairs itself, but cleanups are still needed.
Entering the back of the sports complex, the group spots Walden Swamp, which reminds Sheehan of the early 1990s. "Several times, we were nose to nose with the sports complex, and the NJSEA thought it was a good idea to fill this narrow ditch," Sheehan reflects.
Near the Ventron site, and passing the mouth of Berry's Creek, crossing under the Route 3 bridge, Sheehan talks about what was once a former lucrative trade in the area - muskrat trapping. "Bob's Hardware [in Secaucus] used to sell muskrat traps, was like the Home Depot of the area," Sheehan explains.
At the jackknife bridge, the Bergen/Pascack Valley Lines cross. Near Anderson Creek, a marsh marks the spot back when permits were granted for fills easily, but also where Hartz Mountain sold wetlands for preservation to the state, Sheehan says.
In nearby Secaucus and the 15X transfer station, plans for retail and malls were scrapped in favor of affordable housing, transit village, and parking, Sheehan notes.
At Laurel Hill Park, with the backdrop of a broken chimney and Snake Hill rock - all that is left of the once infamous asylum village- lay 36 kayak spots and docking station. Hackensack Riverkeeper runs a paddling center here on the county owned land. Honeywell is paying $135,000 of a $2.5 million cleanup fund, to build a fishing pier.
Aside from lobbying for public access to the river and speeding up cleanups, Hackensack Riverkeeper lobbies for enforcement of stricter environmental laws. Near the NJ Turnpike, Standard Chlorine operated up until 2005, and released raw sewage into the river.
"We motivated them to clean it up, sent them a letter of intent (to sue) if they didn't work on eliminating CSOs (combined sewer overflows) within 90 days. There was a sanctioned settlement, standstill agreement. They agree to clean it up and we agree not to pursue the case," Sheehan reveals.
Lawsuits against companies include a consortium of cases against the New Jersey Department of Environmental Protection (NJDEP) rule over CSO permits, and asking NJDEP to regulate the 220 remaining CSOs better, Sheehan explains.
"Each entity should have a permit versus being given a general permit. The most profound impact case in water quality is CSO case allowing towns to discharge raw sewage into the river," Sheehan says.
A CSO is a permit to discharge. "The problem is those permits don't require towns to address the problem of water quality standards. We sued NJDEP over the quality of their permit," Len said.
Most obvious in these permit issues is that they don't require public notification about when the town is discharging raw sewage, no maintenance plan requirement and no reduction in amount of pollution, which is clearly required by the Clean Water Act. Since 1995, the DEP has required long term control plans, but they have not been implemented, Len says. The number one problem facing the river is not the permit holder not following the law. It's the permit granters not requiring the permit holders to follow the law, Len explains.
"If permits are legal, CSO, rainwater and sanitary sewer (discharge) all go through one pipe to a treatment facility. If it all can't be processed, due to heavy rain, for example, it goes (untreated) directly into the river," Len says.
CSOs are covered under one permit. Only 30 towns have one.
"If you flush, it goes into treatment facility, so that if you manage it properly, you eliminate overflow, not CSO," Len explains.
The pollution from CSOs affects all. "To preserve, protect and restore the river has always been our goal. Getting people out there to reconnect to the river, the more we do the more authority we have to challenge," Len says.
Better permits are needed since permits don't require towns to meet water quality standards. NJDEP was sued last September, and the commissioner was petitioned to withdraw permits. The petition was denied and the matter is still tied up in legalities. There are 27 environmental litigants. Columbia Environmental Law Center represents Hackensack Riverkeeper, Len explains.
Biggest legal challenges are now for the Hackensack Riverkeeper to help entities meet water quality standards, protect the public's ability to fish/swim-as required by the Clean Water Act, but not coming any time soon.
"We'd like to see the river fishable and swimmable again," Len reflects.
At issue is also federal agencies and their jurisdictions, cases. The NJDEP told the federal EPA it will not work on cap and trade for water pollution, Len says. "For 20 years, the NJDEP says they don't like studies, will issue CSO permits and then require permit holder to develop long term control plans, then if necessary implement control plan," Len says.
Wetlands fill and development permit issues are the newest environmental issues challenges. The NJDEP waiver rule initiated gives developers the opportunity to apply for a general permit granted as to "not burden on economic success." The rule went into effect on Aug. 1, with a consortium of 26 groups labor/environmental groups suing to have the rule revoked because it attacks them through legislative power grab by executive branch to undermine the will of the people, Sheehan notes. "They want to turn New Jersey into Louisiana or Mississippi," Sheehan exclaims about the lack of environmental controls there.
On the plus side, no development has been approved yet in light of the waiver rule.
Looking to the future, the New Jersey Meadowlands Commission is happy with the Hackensack Riverkeeper's progress.
"The NJMC congratulates Captain Bill Sheehan and all of the volunteers at the Hackensack Riverkeeper for 15 years of hard work helping to protect and preserve the Hackensack River. The NJMC is very pleased with its current relationship with the Riverkeeper and wishes them continued success," said Brian Aberback, NJMC spokesperson.
Email: nicholaides@northjersey.com
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Timeline: Ten years keeping the river1997. After several years of local environmental activism, volunteering with the NY/NJ Baykeeper Boating Auxiliary and earning his US Coast Guard Master’s License, a taxi dispatcher, ex-drummer and lifelong fisherman from Secaucus named Bill Sheehan receives permission from the Alliance of River, Sound and Baykeepers (precursor of the Waterkeeper Alliance) to call his organization Hackensack Riverkeeper. Captain Sheehan receives the NJ Audubon Society’s 1996 Conservationist of the Year Award.
1998. On Earth Day, the Keeper Vessel Robert H. Boyle, a 28-foot pontoon cruiser, is christened by the man for whom the boat is named – the same man who helped start the modern Keeper movement. By year’s end, Victoria Foundation and other grants provide financial support for Captain Bill to quit the taxi business and concentrate on the river. The Hackensack Riverkeeper Watershed Watch Hotline launches.
1999. The NJ State Federation of Women’s Clubs endorses Hackensack Riverkeeper’s call for preserving the Meadowlands. In July, the Hackensack Riverkeeper Canoe Project – the first small boat livery on the Hackensack River in over 50 years – is launched at Laurel Hill County Park in Secaucus. Hugh Carola is hired by the Hackensack Meadowlands Preservation Alliance– a coalition of public and private organizations dedicated to stopping a proposed 2.5 million square-ft. megamall from being built on the 600-acre Empire Tract.
2000. Hackensack Riverkeeper escalates its two-front war in defense of the river and its estuary. In its longstanding battle with the Hackensack Meadowlands Development Commission (HMDC), the organization marshals opposition to the proposed Special Area Management Plan (SAMP) which, if passed, could fill 1,800 acres of wetlands. It’s “all Mills all the time” as Hackensack Riverkeeper leads a David vs. Goliath battle against the Virginia developer.
2001. The tide in the Meadowlands finally begins to turn when Acting Governor Donald DiFrancesco, flanked by Captain Bill and Baykeeper Andy Willner, publicly declares that, “The day of filling wetlands in the Meadowlands is over!” The HMDC effectively kills the SAMP by withdrawing its support; Governor-elect Jim McGreevey calls for the establishment of the Meadowlands Estuary Preserve.
2002. Funding from the City of Bayonne, as a result of citizen action brought by Baykeeper allows Riverkeeper to acquire a second pontoon cruiser, the K/V Edward Abbey. Carola takes the helm.
2003. After six years of Hackensack Riverkeeper’s constant opposition and after spending more than $100 million on public relations, the Mills Corporation finally gives up on the Empire Tract and turns its attention to the Continental Arena where they will build Xanadu. Captain Bill and Riverkeeper begin advocating in earnest for Category One protections to be established on the river’s upper reaches. South of the Meadowlands, Hackensack Riverkeeper’s lawsuit against Honeywell International results in a $400 million cleanup order by a federal court. The organization receives $30,000 from the NJ Attorney General’s office for its role in bringing another corporate polluter to justice; and a NJDEP Award for Environmental Excellence.
2004. The 2004 Meadowlands Master Plan places all 8,400 acres of the District’s wetlands and waterways into conservation. Capt. Bill announces, “I declare the War of the Meadowlands over and we are now policing the peace.” NJ adopts Phase Two stormwater regulations. Captain Bill is named Bergen County’s Person of the Year and one of America’s River Heroes, by American Rivers. Hackensack Riverkeeper conducts the first Meadowlands Festival of Birding, with its partners NJ Audubon and the NJMC. Riverkeeper and Baykeeper initiate the Passaic River Patrol.
2005. Hackensack Riverkeeper leads a successful fight against Wal-Mart’s attempt to build a gas station next to wetlands in Secaucus. It also leads 30 canoes and kayaks on a trip from New York down to Newark Bay. The Empire Tract saga ends with Mills transferring property ownership to the Meadowlands Conservation Trust. Riverkeeper kicks off its campaign against Combined Sewer Overflows (CSOs) and sues the NY Susquehanna & Western Railroad for maintaining unregulated garbage dumps. The US Supreme Court refuses to hear Honeywell‘s appeal and the $400 million chromium cleanup begins.
2006. One of the most polluted places on the river – the Standard Chlorine factory site in Kearny –is the target of joint litigation by Hackensack Riverkeeper & NY/NJ Baykeeper. Captain Bill is named Co-Chair of the NY/NJ Harbor Estuary Program’s Citizens Advisory Committee. Riverkeeper assists the production of (and features prominently in) the WNJN documentary Turning the Tide, a film about the Meadowlands.
2007. Hackensack Riverkeeper finalizes an action plan with the National Park Service to establish a Hackensack River Water Trail. The organization assists activists in Paramus to defeat an attempt to develop 35 acres of Category One-protected watershed land. For the first time in over 50 years, Ospreys successfully nest along the Hackensack River. A ground-breaking project to establish populations of Eastern Oysters in the lower reaches of the river begins.
2008. In February, the organization and co-litigant NY/NJ Baykeeper settle a federal lawsuit against the NY Susquehanna & Western RR over unregulated garbage transfer facilities on company rights-of-way. That spring, Hackensack Riverkeeper announces settlement of a second Honeywell lawsuit to force cleanup of additional company-owned properties in Jersey City. Captain Bill receives a 2008 Environmental Quality Award from the US Environmental Protection Agency.
2009. In March a state appeals court overturns a lower court challenge and prevents development of the Paramus Wetlands. Victory takes place when United Water NJ settles with Riverkeeper and co-plaintiff Bergen SWAN and places 3,300 acres of company-owned woodlands into NJDEP-held conservation easement. Hackensack Riverkeeper starts Clean Streets = Clean Water initiative with the Bergen County Sheriff’s Department. Riverkeeper and NJ Attorney General’s Office team up and secure criminal indictment against Secaucus Crowne Plaza Hotel for unpermitted wastewater discharges to the Hackensack River. Cleanup work finally begins at Standard Chlorine site in Kearny.
2010. Hackensack Riverkeeper responds to Gov. Christie’s Transition team report, describing significant trepidation with the team’s recommendations for the NJDEP. The organization also opposes administration plans to curtail public waterfront access, and to rollback state environmental protections. Crowne Plaza Hotel owners plead guilty; agree to $75,000 restitution payment to Hackensack Riverkeeper.
2011. Attorney Len drafts and Hackensack Riverkeeper submits official comments supporting full dredging and cleanup of contaminants within the lower Passaic River. Hackensack Riverkeeper formally requests that NJDEP revoke Combined Sewer Overflow (CSO) permits statewide. Administrative Law Judge Barry Moscowitz upholds DEP denial of permits for Paramus Wetlands destruction. At 3rd Annual Reservoir Challenge, United Water NJ commits $120,000 over four years to support Hackensack Riverkeeper.
2012. Hackensack Riverkeeper; in partnership with NY/NJ Baykeeper, Columbia University Environmental Law Clinic, and the Pacific Environmental Advocacy Center; files suit against the NJDEP to stop the issuance of CSO permits. Sheehan receives Environmental Legacy Award from NJ Environmental Lobby. Carola is elected President of the Alliance for NJ Environmental Education (ANJEE).
