DEP Should Not Delay Expanded C1 Stream Protections

The DEP continues to delay adoption of new rules upgrading 749 miles of waterways to Category One streams. They have extended the public comment period another month to June 3, providing more time for opponents to organize their fight against the proposal. The C1 designation offers the highest level of protection for water quality.

“The DEP has extended the public comment period, and by doing so is delaying adoption of the new rules expanding C1 designations for streams. We are concerned the delay will provide more opportunity for the spread of misinformation on the impact of the upgraded protections. DEP could end up using that misinformation as an excuse to pull back on some of the changes,” said Jeff Tittel, director of the New Jersey Sierra Club. “Since we have this delay we can push for stronger rules. We can not only rebut claims but also push to add more bodies of water to the C1 designation, especially those that protect drinking water. We can use this opportunity to stand up to developers and polluters, and their allies in local government.”

Critics of the expanded C1 designations say excessive buffer zones and other enhanced protections will limit economic growth. Among the opponents are the Hunterdon County freeholders who said recently they will fight the plan because of what they believe will be a negative impact on businesses and development.

“The C1 designation is a key tool to protect water quality under the Clean Water Act. The new rule means more streams will get anti degradation protections which mean no measurable change in their water quality. The added protection will not stop development, but it does require that development doesn’t pollute the water. C1 designation will protect critical habitat and open space, as well as drinking water, and will also expand recreational opportunities. In Hunterdon County, the C1 designation will help keep the Raritan River cleaner while also helping protect the area from overdevelopment and flooding,” said Tittel.

The DEP filed the proposed classification changes in the New Jersey Register as amendments to its Surface Water Quality Standards Rule. Upon adoption, these will be the first additions of Category 1, or C-1, waterways since 2008, when the state designated 686 miles of rivers and streams to this high level of protection.

“With more time to comment people need to continue fighting not only for the proposed changes but for more streams to be added. In 2008, some critical streams like the Wallkill River, which goes through the Wallkill Refuge and Swan Creek in Lambertville, were taken off the C1 list. Those streams need their C1 protections restored. All Highlands water must also be C1. We need to do more to protect our streams near our drinking water supply intakes and above reservoirs. While it’s important to protect endangered species it is even more important to protect drinking water for over 1 million people of New Jersey,” said Tittel. “DEP still has not upgraded streams for recreation value and scenic value. That means Wild and Scenic Rivers for recreational purposes like Great Egg and Musconetcong should be C1.”

Any wastewater or other regulated discharges impacting C1 waterways will need to meet stringent water quality standards. These areas also will be afforded 300-foot development buffers under the Flood Hazard Area Control Act, better protecting water quality as well as lives and property.

“The new C1 designations will help protect these streams and protect them from flooding. This is critical because in New Jersey only 1 stream, Flat Brook, meets fishable, swimmable, drinkable criteria. DEP’s new rule will be a good step forward once they finally take it. They need to act quickly, and then keep up the momentum by getting rid of rollbacks from the Christie Administration that protect out streams and rivers. This includes strengthening rules for SWARPA, upgrading further protections, closing loopholes, and adding temperature criteria and water withdrawal regulations,” said Jeff Tittel, Director of the New Jersey Sierra Club.  “The New Jersey Sierra Club over 20 years ago worked to change C1 streams. We need to make sure that the DEP moves forward on protecting not just these streams but others as well. We cannot afford any more delays, and we cannot allow opponents spreading misinformation to convince DEP to reduce any of the proposed protections.”