By Jeff Tittel

In an important step in preserving open space and drinking water in the Highlands region, the Legislature has passed ACR-192 through both houses.

This resolution declares that Gov. Chris Christie's Highlands Septic Density Standards violate legislative intent. Christie proposed these rules to side with developers over the people of New Jersey and now the Legislature is fighting back.

The 30-day clock has started at the DEP; officials there have a month to deal with the resolution. They can either pull the rule down, make changes to it, or go forward with it as is. If they go forward, the Legislature can pass the resolution once again and make the rules void.

It is critical that the Legislature is working to stop the governor because the standards have gone into effect and threaten this environmentally sensitive region.

That means they can start giving out permits under them. Every day that these rules are in place is a threat to the Highlands. The DEP's Highlands Septic Density Standards that put the environment and water of the Highlands at risk.

The area is a major source of drinking water for up to 6 million people, and it also includes pristine trout streams and reservoirs. With these rules, the DEP has targeted the most environmentally sensitive areas of the Highlands.

The Legislature needed to step forward because the rule clearly violates legislative intent in multiple ways. The Highlands Act requires a nitrate model from "deep aquifer re-charge" that has not been impacted by development. Instead, the DEP is using data from mostly developed areas of the Highlands around lakes that have shallow aquifers in areas outside the Preservation Area. The data that they used from the USGS came from after the act went to affect in 2004, which clearly violates the act itself.

These rules will weaken the main feature of the Highlands Act that helps protect the Highlands Forest Preservation Area from development. One of the main concerns with this rule is that the exempted lots that were grandfathered under the Highlands Act would be able to connect to new lots and even make it cost effective to build roads and subdivisions up the most environmental sensitive tops of forested mountains.

The law also calls for non-degradation, but these rules allow more pollution, which degrades the waterways from their 2004 levels. This is all so our governor can take care of land speculators and developers at the expense of our water supply.

Instead of using real science, Christie uses political science. Highlands water carries a non-degradation standard, which means no additional pollution can be added. However, this new rule is based on an average throughout the Highlands, while the law requires the most protective standard everywhere. The rule would end up quadrupling development density in the most environmentally sensitive area. We will also see more pollution from septic systems that leach into our groundwater impacting human health.

The Highlands Septic rules were put in place to protect our drinking water and public health. The DEP's version of these rules is a dirty deal for dirty water. This is part of the Administration's weakening of the Flood Hazard Rules, Water Quality Management Planning Rules as well as the failure to update the Water Supply Master Plan and preventing the Drinking Water Quality Institute from meeting. The Christie administration has been siding with polluters and developers over the people and environment of New Jersey.

It is even more important that the Legislature has taken action to overturn these dangerous and damaging rules because Christie is trying to repeal the Highlands Act by pushing these septic rules that weaken regulations. The Legislature stood up for the Highlands Act and reaffirmed their authority by working to block this dangerous and damaging rule.

The changes in DEP's Highlands Septic Density rule will open the entire Forest Preservation Area in the Highlands to development. The rules violate legislative intent and threaten the entire environment and drinking water of the region.

That is why we need the Legislature to step in with this important override resolution.

Now that the resolution has passed both houses, if the DEP doesn't pull down these rules the Legislature will need to go through the process once again and stop the rollback. The people of New Jersey demand that we protect the Highlands and our drinking water

Jeff Tittel is director of the New Jersey Sierra Club.

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