Lower Fined $72,500 by DEP

VILLAS — Lower Township is facing a $72,500 fine from the state Department of Environmental Protection (DEP) for beginning work to extend storm water outfall pipes into Delaware Bay without proper permitting.
At a Jan. 22 Township Council meeting, Township Solicitor Tony Monzo said a notice of the penalty was issued by DEP Jan. 7. He said there were several inconsistencies in the facts in the notice.
Monzo said an email exists from DEP that authorizes the township to replace outfall pipes at the street ends of Delaware Parkway, Frances Avenue and Ridgeway Avenue.
One penalty resulted from a DEP inspection in early August of construction activity along the beaches. A subsequent inspection on Aug. 17 focused on construction activity at the Frances Avenue outfall pipe that lacked a CAFRA Permit and was located on lands that are not owned by the township.
Monzo said New Jersey Lands Trust owns the beach at Frances Avenue, so the township did not have authorization to apply for a CAFRA permit without the owner’s consent. He said the township would file a request for a hearing with DEP.
Monzo said there is probably “some leeway” on the amount of fines. He said work done in August on the beach took place during a restricted time reserved for bird and horseshoe crabs activity.
The first violation totaled $22,500 of proposed penalty.
The second DEP inspection of activity along Frances Avenue resulted in a violation for two days of work at $25,000 per violation resulting in an additional $50,000 proposed fine, said Monzo.
Township Engineer Steve Morey, of Hatch Mott McDonald, said DEP issued a permit for waterfront development Dec. 16, 2008.
“Conditions of the permit require an additional CAFRA permit be authorized prior to construction of the outfalls and a tidelands conveyance also be issued prior to any construction activities on the beach,” he said.
In addition to DEP permits, the outfall project also required authorization from the Army Corps of Engineers prior to any construction, said Morey. He said the township had a waterfront development permit that is not validated until the other authorizations are received from the state and Army Corps.
Mayor Michael Beck asked if all the permits all could have been applied for at the same time early in the project. Morey said that would have been possible.
Morey said once permit applications are submitted, the township would receive the permits in four to seven months. He said there is a restriction on any work being conducted on the beach as a condition of the original waterfront development permit from between May 1 and Sept. 15.
The permits should be received by Sept. 15 but no work would be possible before May 1 because the permits would not be received by that time, said Morey.
Councilman Wayne Mazurek asked if an emergency provision existed so work on the outfall pipes could be undertaken this winter. Morey said it was difficult to get emergency authorization but the township may be able to do some cleaning out of outfall pipes but no extension of the pipes.
A beach maintenance permit, which the township holds, does not allow grading or excavation of the beach, said Morey.
Lower Township Public Works Superintendent Gary Douglass said he located an email from DEP indicating emergency permission to remove sand blocking two or three outfall pipes.
Beck said some residents along the bay had “major water issues.”
“It looks as though on the surface, we kind of dropped the ball, at least in the permitting process…” he said.
Beck said the township needed to move as expeditiously as possible including contacting Sen. Jeff Van Drew.
Last August, Douglass told council the township was consulting with legal counsel and engineers to determine if the project needed a CAFRA permit and a Beach Front Development permit from DEP.
At that time, Lois Thomas, of 210 Frances Avenue, said she called her home “Lake Villas” due to continuing flooding problems. She said her property had flooded three times in the last month with eight inches of water.
A that time, West Delaware Parkway resident Howard Carl complained property values would be lowered by the outfall pipes he described as “eyesores.” He said he saw limited flooding other than the Frances Avenue home.
The project was to extend nine outfall pipes and include tidal flush valves on the ends of the pipes to keep bay water from washing back to storm drains in streets.