Senate resolution no. 17 State of new jersey 217th legislature

SENATE RESOLUTION No. 17



STATE OF NEW JERSEY

217th LEGISLATURE

INTRODUCED JANUARY 14, 2016

Sponsored by:

Senator NELLIE POU

District 35 (Bergen and Passaic)

Senator KEVIN J. O'TOOLE

District 40 (Bergen, Essex, Morris and Passaic)

SYNOPSIS

Supports delay of draining of three reservoirs on Garrett Mountain, Passaic County, until EPA releases updated rules concerning open-air reservoirs.

CURRENT VERSION OF TEXT

As introduced.

A Senate Resolution supporting the delaying of draining three reservoirs on Garrett Mountain in Passaic County, New Jersey, and replacing them with large concrete tanks, until updated rules concerning open-air reservoirs are released by the United States Environmental Protection Agency.
Whereas, In response to a mandate by the United States Environmental Protection Agency (EPA) to cover all treated drinking water supplies, the Passaic Valley Water Commission is planning on draining three reservoirs on Garret Mountain in Passaic County, New Jersey, and replacing them with large concrete tanks; and

Whereas, The process by which the Passaic Valley Water Commission arrived at formulating its plan for the reservoirs was deficient because the commission did not sufficiently inform and engage the public through hearings and other avenues for seeking public input and gauging public opinion on the matter; and

Whereas, The Levine Reservoir, New Street Reservoir, and Great Notch Reservoir together form about half of the western border of Rifle Camp County Park; and

Whereas, The Levine Reservoir is located in the City of Paterson’s Great Falls Historic District and is part of the Paterson Great Falls National Historical Park, established by Congress in 2009; and

Whereas, The reservoirs, which straddle the border of Paterson and Woodland Park, abut residential neighborhoods, such that construction of the tanks would mar the landscape of the immediate area, and render the neighborhoods industrial in look; and

Whereas, The construction would cost upwards of $150 million, which would be passed on to consumers via increased water rates; and

Whereas, Lawsuits filed by New York City and Portland, Oregon against the mandate have spurred the EPA to revisit this requirement; and

Whereas, The EPA has the power to grant extensions for local projects, such as, for example, the extension granted to New York City for a particularly expensive reservoir replacement project; and

Whereas, Given all of the above information, the City of Paterson, the Passaic County Planning Department, and numerous other local government entities would like the Passaic Valley Water Commission to delay movement on the construction until the updated rules concerning open-air reservoirs are released and less harmful solutions are explored; and

Whereas, The Mayor and Council of the City of Paterson have officially expressed their support for delay of the project by adoption of a resolution to that effect; and

Whereas, At least 23 municipalities have also adopted resolutions opposing the project, including Bloomingdale, Elmwood Park, Fair Lawn, Garfield, Haledon, Hawthorne, Lincoln Park, Little Falls, Lodi, North Haledon, Prospect Park, Ringwood, Riverdale, Totowa, Wallington, Wanaque, West Milford, and Wood-Ridge; now, therefore,
Be It Resolved by the Senate of the State of New Jersey:
1. This House supports the delaying of draining three reservoirs on Garrett Mountain in Passaic County, New Jersey, and replacing them with large concrete tanks, until updated rules concerning open-air reservoirs are released by the United States Environmental Protection Agency.
2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Secretary of the Senate to the Commissioner of Environmental Protection, the Administrator of the United States Environmental Protection Agency, the Region II Administrator of that agency, the Board of Commissioners and Executive Director of the Passaic Valley Water Commission, and every member of Congress elected from the State of New Jersey.

STATEMENT

This resolution expresses the Senate’s support for the delaying of draining three reservoirs on Garrett Mountain in Passaic County, New Jersey, and replacing them with large concrete tanks, until updated rules concerning open-air reservoirs are released by the United States Environmental Protection Agency (EPA).

In response to an EPA mandate to cover all treated drinking water supplies, the Passaic Valley Water Commission is planning on draining three of its reservoirs and replacing them with large concrete tanks. However, lawsuits filed by New York City and Portland, Oregon against the mandate have spurred the EPA to revisit this requirement.

The Levine Reservoir, New Street Reservoir, and Great Notch Reservoir together form about half of the western border of Rifle Camp County Park. The Levine Reservoir is located in Paterson’s Great Falls Historic District and is part of the Paterson Great Falls National Historical Park, established by Congress in 2009. Further, the reservoirs, which straddle the border of Paterson and Woodland Park, abut residential neighborhoods, such that construction of the tanks would mar the landscape of the immediate area, and render the neighborhoods industrial in look. Also, the construction would cost upwards of $150 million, which would be passed on to consumers via increased water rates.

Therefore, for those reasons and others, including widespread local government and public opposition to the project, it is entirely appropriate to delay proceeding with the plan for draining the open-air reservoirs until the EPA has finished reviewing its rules on the matter. It would be unwise to pursue a plan that eventually may be unnecessary or would need to be revised anyway to meet a changed federal mandate.