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Environmental Justice or Bureaucratic Gridlock? Cape May County Questions DEP’s New Regulations

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By Cape Issues Regulation Committee

On Sept. 17, 224, New Jersey Department of Environmental Protection Commissioner Shawn LaTourette, Environmental Protection Agency Region 2 Administrator Lisa Garcia, and DEP Director of the Office of Environmental Justice Kandyce Perry addressed a crowd of Cape May County residents at the Woodbine Community Center.

There was good news for Woodbine Mayor William Pikolycky: The DEP awarded a $1 million grant to help clean up three sites in the borough impacted by historic pollution. This grant came from EPA funding designated for brownfield remediation projects.

However, the rest of the crowd left with more questions than answers.

A group of Ocean City residents voiced concerns about the importance of wetlands and the impact of flooding in their community. “Flooding is a major problem,” one resident stated. “High tide events cause water to back up through storm drains and into streets and homes. No houses should be built on wetlands, and permits for such construction should not be issued if the state has jurisdiction.”

A commercial and residential property owner in Ocean City highlighted a different issue. She explained that she wanted to install solar panels on her buildings to reduce her carbon footprint but was unable to do so because of insufficient infrastructure at Atlantic City Electric’s substation. “There’s no formal process to request upgrades to electrical equipment,” she added. DEP officials clarified that these matters fall under the purview of the New Jersey Board of Public Utilities.

The Cape May County Chamber of Commerce also expressed concerns, particularly regarding the DEP’s proposed Protecting Against Climate Threats regulations. A chamber representative stated that she had submitted comments to the DEP but had struggled to receive a response. “The proposed regulations ignore input from local businesses and negatively impact tourism,” she said. “New rules need to align with town planning processes, and FEMA flood maps should be incorporated.” LaTourette responded by pushing back against claims of misinformation about the regulations, emphasizing the importance of using up-to-date scientific data.

A resident who recently moved to the county raised concerns about per- and polyfluoroalkyl substances (PFAS) contamination. “PFAS pose a significant health risk, especially near landfills,” he argued. LaTourette noted that New Jersey was the first state to regulate PFAS in water, with monitoring and limits established for water purveyors. However, he acknowledged confusion resulting from the EPA’s newer, stricter standards and their implementation.

Middle Township Mayor Christopher Leusner focused on the potential impact of PACT rules on town centers. He explained that Fair Share Housing lawsuits require Middle Township to allow higher-density housing, but a Coastal Area Facility Review Act (CAFRA) permit for affordable housing could be denied depending on the boundaries of new inundation zones. LaTourette reiterated his concerns about misinformation and defended the regulations as measures to protect residents.

Cape May County Commissioner Bobby Barr raised accessibility concerns about PACT and Resilient Environments and Landscapes regulations. “Raising buildings under these rules will make it harder for seniors and people with disabilities to get around,” he said. Barr also questioned the legality of issuing such sweeping regulations without legislative input.

Another resident criticized delays in resolving riparian rights issues, citing the DEP’s Tidelands Resource Council’s inability to meet due to a lack of quorum. Legislative representatives at the meeting offered to assist constituents with such issues.

Lower Township officials questioned the data underpinning the new climate regulations. They expressed skepticism about the reliance on a single Rutgers study that predicts a 95% chance of sea level rise exceeding 1.5 feet. “These regulations are based on one study and not on a legislative mandate,” one representative argued.

For more information about PACT and REAL, visit the DEP website at dep.nj.gov/real. To watch the livestream, visit YouTube at https://youtu.be/He8yhA9ppwE?feature=shared.

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