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DEP Asks For More Time To Develop New Septic System Rules
Term Life Insurance Policy The state Department of Environmental Protection wants an appeals court to wait six months before striking down a regulation affecting new homes built on septic systems.
The state Department of Environmental Protection estimates that about 1 percent of the state's septic systems are malfunctioning. But that estimate is based on surveys because the DEP does not require municipalities or homeowners to pump or inspect septic systems regularly. Often, it' when the toilet won't flush or there' that municipal governments get involved.
Life Insurance The temporary stay would give the agency time to adopt a replacement rule, thus preventing unregulated development from polluting streams and groundwater, DEP Commissioner Bradley M. Campbell said Tuesday.
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Insurance Life Premium At issue are more than 70 pending projects that would not be scrutinized for their impact on water quality.
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Health Insurance Policy The DEP's request for a temporary stay comes two weeks after the Appellate Division of Superior Court struck down a rule aimed at reducing pollution from new housing that relies on septic systems.
The state Department of Environmental Protection may keep its rules governing development along New Jersey's coast, a state appeals panel ruled Friday. "The court upheld the standards and protections for our coastal areas that will help ensure that new growth doesn't adversely affect our environment, " said DEP Commissioner Bradley Campbell. Campbell said the DEP rules, put into place late last year, do not put a halt to development, but rather channel it to more appropriate areas.
Health Insurance The rule required developments of six to 50 homes using septic systems to undergo a rigorous review to make sure the homes would not pollute nearby waterways.
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Insurance Life Premium Return The rule was adopted illegally, according to the three-judge panel, because no public comment was solicited after the DEP reduced what was originally a 75-page proposal down to one page.
Whole Life Insurance Policy On Monday, the DEP asked the judges to delay implementation of their ruling for 180 days.
Auto Cheap Insurance Commissioner Campbell said Tuesday the stay is needed to prevent septic-dependent housing from harming the state's waters, particularly during the drought.
Insurance Life Premium Whole During the stay, the DEP hopes to propose a new septic rule. That rule would be a stopgap measure until the DEP adopts a more comprehensive approach to wastewater management, officials said.
Cheap Home Insurance Policy "A temporary stay will ensure that the existing safeguard remains in place while we consider broader reforms that will better promote Governor (James E.) McGreevey's smart growth agenda," Campbell said in a statement.
Home Insurance Builders groups, who successfully challenged the original septic rule, said the DEP's request for a stay was disappointing, but not unexpected.
Care Insurance Long Premium Under the old rule, none of the more than 70 projects that came before the DEP were approved, noted Patrick O'Keefe, chief executive officer of the New Jersey Builders Association.
Home Owner Insurance Policy "If the court (grants the stay), and that's not guaranteed, then the moratorium on home building that's been in place for the past year will continue," O'Keefe said.
Auto Insurance Company Rick van Osten, executive vice president of the South Jersey Builders League, said he is not aware of any builder who started building a septic development after the rule was struck down.
Travel Insurance Policy "As soon as the decision was rendered, people were calling, asking if it's OK to go forward with their projects," van Osten said. "I said don't do anything yet, because I thought they might appeal."
Insurance Quote Jeff Tittel, director of the Sierra Club's New Jersey chapter, hailed the DEP's legal maneuver as "great for the people of New Jersey."
Financing Insurance Life Tittel said it's important that the DEP maintain septic regulations to protect the state's water quality and to control sprawl.
Geico Auto Insurance Policy By Jack Kaskey
The Press of Atlantic City - 4/3/2002
Topic: Sprawl
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