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http://articles.philly.com/1989-12-27/news/26160140_1_septic-systems-dep-approval-patio-homesBy Peter Van Allen, Special to The Inquirer
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December 27, 1989While final approval for the 256-unit Ashley Crossing housing development could be granted tomorrow at the Delran Planning Board meeting, getting sewerage permits could be far more tricky, township officials have said.
Ashley Crossing, proposed by Gerard Brothers Inc., of Moorestown, would be an L-shaped development on 50 acres of farm and wooded land on Hartford Road.
Gerard will also need approval from the county planning board, the state Soil and Conservation Board and the sewerage authority.
Without sewerage, a housing development with lots of less than one-third acre is doomed, said Delran Sewerage Authority chairman Jack T. Foster.
"They can't build until we can take their sewerage," said Denis C. Germano, sewerage authority solicitor.
Harry Hansell, Gerard's Ashley Crossing project manager, did not return telephone calls regarding the development.
Delran zoning rules don't allow septic systems on lots smaller than 15,000 square feet, slightly less than one-third acre. Septic systems too closely grouped are considered environmentally hazardous, the Department of Environmental Protection maintains.
But "most developers are hurt by the low-density housing. They want more houses on less land," said planning board Chairman Joseph Otto. Plans call for rowhouses, patio homes, duplexes and quadplexes on lots averaging one- fifth an acre.
Gerard could put in sewerage pipes and hope for expansion of the Delran Sewerage Authority. That hinges on the DEP's approving a plan for increasing the sewage treatment plant by a million gallons a day. Waiting for that approval is "a risky thing," Foster said.
"The state's holding up our ability to expand," Foster said. "We're at a dead end with the DEP. It's just one hell of a hassle."
The authority wants to expand the 1.5 million gallon-capacity plant by a million gallons, Germano said. DEP approval could take up to three years, he added.
If the plan is approved, but the sewerage is not, Gerard has two options. It could hold onto the approval permits - which are good for a year and can be easily renewed - until the sewerage moratorium is lifted.
Or, it could sell the approvals to another developer. One planning official, who asked not to be named, said this is one way developers can benefit from their investments.
Dirty Work Of Cleaning Up
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http://articles.philly.com/1990-07-04/news/25899200_1_fines-sewer-plants-clean-water-actBy Douglas A. Campbell, Inquirer Staff Writer
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July 04, 1990Along the Delaware River in Burlington County, wherever there are towns, plumes of treated sewage fan into the tides that wash this 22-mile stretch of water.
In addition, the sewer plants of other towns empty into the Delaware's major tributaries: the Rancocas Creek, the Pennsauken Creek and smaller streams.
That same stretch of the Delaware is used each weekend by hundreds of boaters, fishermen, waterskiers and bathers. It serves as a water supply for Philadelphia and is the planned source for a huge pipeline that will take water to Camden County.
As long as the sewage that enters the Delaware is properly treated, it is harmless to those using the river, according to environmental officials.
But at times, the sewer plants have dumped wastes into the river that should not have gone there.
In the last two years, state and federal fines against 17 Burlington County communities have amounted to nearly $1 million for past and anticipated violations of the federal Clean Water Act.
In two more years, however, all of those towns are scheduled to make a clean break from their polluting past.
State and federal environmental agencies, employing an arm-twisting program that included the fines and consent orders, have persuaded all of the communities with inadequate sewage-treatment facilities to improve them by 1992. Some of the work is nearly completed. Other improvements are only on the drawing board.
But Richard T. Paull, the state official handing out many of the fines, is pleased with the progress. For example, Maple Shade's new state-of-the-art plant was scheduled to go on line yesterday.
"They (the communities) are committing large sums of money to do these things," said Paull, acting section chief for surface water and sewer-system enforcement for the New Jersey Department of Environmental Protection.
The DEP and the federal Environmental Protection Agency are working in tandem to pressure communities to clean up their sewerage facilities, and a few municipal officials admitted that they never would have acted if they had not been hit with hefty fines.
"The tactic the state took by laying a fine out gets your attention," said Ralph J. Ragomo Sr., a borough councilman in Riverton, which has paid a $12,500 penalty.
Some municipal officials who have faced stiff penalties from the state and federal agencies have complained they were snared by a bureaucratic paradox: One branch of the DEP delayed their improving sewerage facilities while another imposed fines because their old plants polluted.
Richard D. L. Fulton, a DEP spokesman, said the complaints might be valid.
The efforts of the DEP's enforcement branch and its permitting offices should "coincide," Fulton said, "but they don't always."
Communities can appeal fines (Delran has balked at paying a $30,000 fine), but none has suggested that improved sewage-treatment was not necessary.
Across New Jersey, the state has collected $1.5 million in fines, Paull said. But more important, $1.4 billion has been committed by plant operators to making improvements, he said.
Camden County's municipalities have all agreed to join a countywide system, and no towns have been fined, according to Eugene Callahan, section chief of the DEP's southern bureau of regional enforcement. In Gloucester County, only Greenwich Township was penalized, he said. The other municipalities are already connected to regional sewerage.
Paull explained that municipalities had been given plenty of warning before they were fined. An amendment to the Clean Water Act required sewage-treatment plant operators to meet more stringent discharge standards by April 25, 1977.
That requirement was postponed by Congress until 1982 and again until 1988, and many plant operators thought it would be postponed even further, Paull said.
"But, lo and behold, it wasn't," Paull said. And when the state and federal agencies saw that plant operators were going to fail to meet the standards for 1988, they geared up an enforcement policy to nudge the operators.
In 1987, the DEP began issuing notices of civil penalties and asking the plant operators to sign administrative consent orders agreeing to make improvements. Mobile home parks and school districts that operate treatment plants were subjected to the same pressures.
By July 1, 1988, every Burlington County town, except Delran, that had been put on notice by the DEP had signed either an administrative consent order or a judicial consent order, agreeing to improve its sewage-treatment facilities, Paull said.
And at that time, most had negotiated fines ranging between $1,000 and $85,000. The fines represented past violations of the Clean Water Act as well as the violations that would occur before a new plant could be built or improvements could be made on the existing facilities, Paull said.
Those improvements will take more of the solids out of the effluent and will disinfect the liquid before it is discharged. The cleaner the effluent, the less bacteria there will be in the river, since bacteria naturally multiply to consume the increased organic matter in the water.
"You take raw sewage and discharge it into a body of water, a lot of organisms are going to be needed to break down that stuff, and they're going to need oxygen," Paull said.
If the sewage is treated properly, fewer organisms will feed on it in the Delaware River, and so the river's normal aquatic life faces less competition for the river's oxygen.
Evesham was well along in the process of making improvements to its Elmwood sewage plant when the state slapped it with a $25,000 penalty, said Edward A. Kondracki, solicitor for the township's Municipal Utilities Authority.
"We were caught up in a regulatory delay process," Kondracki said.
"For a long time, the DEP sat on the information we submitted" to prepare for improving the treatment facility, Kondracki said. "There was one point in time they were going to perform a stream modeling study . . . they had agreed in writing," he said. "We waited for about two years for them to complete the study. They never started it. They said they didn't have the funds to do it and that we were to do the study.
"You can tell the people in enforcement all day long that you are in delay because of the regulatory part of it, and for the most part, they don't want to hear about it," Kondracki said.
Willingboro faced a similar problem. It is in the midst of an $11 million upgrading that will be completed in 1991 but that was begun in the 1970s. The township was fined $24,375 by the DEP.
After the township had told the state it wanted to build a sewer plant, the state ordered it to wait until a study was completed to determine whether the municipality should be part of a regional system, according to Harry F. Killian, executive director of the Willingboro Municipal Utilities Authority.
That study, which took until 1985, determined that Willingboro should follow its original plan, Killian said.
Besides setting the town up for a fine, Killian said, state "foot- dragging" cost Willingboro the 75 percent federal financing that was available before the Reagan administration eliminated the funds.
While Evesham and Willingboro were planning, officials in Riverside were putting off the inevitable.
Riverside's sewage-treatment facility was built in the 1940s, and the town knew it needed improvements.
"I guess over the course of the years, Riverside had had probably the lowest sewer rate if not in the United States, (then) in the state of New Jersey," said Robert Renshaw, chairman of the Riverside Sewerage Authority. ''Over the years, they could have increased it to get some kind of reserve to make planned expansion," he said, but the authority did nothing.
In 1987, the authority had to raise its rates, "which we were reluctant to do," to pay for bonds to finance $2 million in improvements that the town had finally decided to make, he said.
When the state imposed an $85,000 fine, Renshaw said, "we were in the process of actually doing what had to be done. It just didn't suit the DEP. They said even though we were upgrading, we still were in violation."
Riverside tried to protest the fine but backed down. "We were held hostage, and we signed" a consent order, Renshaw said. "If we didn't sign, we would have been fined more."
That has been the experience of Delran, according to Jack Foster, vice chairman of the Sewerage Authority.
Foster said that Delran was ordered three or four years ago in Burlington County Superior Court to improve its plant, and that it was attempting to comply. "We've been working on that for three years to try to get DEP approval."
Foster said the state suggested the town pay a $30,000 fine. The town responded by saying it would pay a $5,000 fine and admit no fault. The state then said the fine would be $99,000, he said.
"They create a situation," Foster said, "by taking forever to give us any kind of approval or denials. We go from one department to another department. A guy's sitting across the desk, and you can't talk to him because he's in another department."
Delran is contesting the fine, Foster said, and the township has not signed a consent order. Work on improvements to the existing system is stalled, he said.
Two Burlington County municipalities, Medford Township and Mount Holly, escaped the DEP's first wave of penalties because their treatment plants were meeting water quality standards in 1987. But their luck has run out because they both have begun to violate the standards imposed on their plants.
Compounding the towns' problems, the state has raised the limit on fines the DEP can impose from $5,000 per violation to $50,000. Mount Holly and Medford are negotiating consent orders with the state.
Burlington Township agreed to make improvements on its treatment facilities by 1992, and it paid the DEP a $25,000 fine in 1988, a fact that sits uneasily with John Pinto, the township's director of public works and utilities.
"I think it was ridiculous," Pinto said. "That money could have been spent on upgrading the plant rather than giving $25,000 to the state."
But Pinto conceded that the state's efforts made the township move. ''You're talking millions and millions of dollars to upgrade these plants, and until you're forced to do it, you'll hold off as long as you can."
SEWERS AT ISSUE
Among Burlington County's 40 municipalities, these 17 have been cited for violations of the federal Clean Water Act. Some have been fined and have signed consent orders; some are negotiating fines or consent orders.
Burlington City signed consent order with $25,000 penalty.
Burlington Township signed consent order with $25,000 penalty.
Bordentown signed judicial consent decree before 1988 crackdown, no fine.
Cinnaminson signed consent order with $62,240 penalty.
Delran no consent order signed; $99,000 penalty contested.
Evesham signed consent order with $25,000 penalty.
Mansfield Homestead at Mansfield housing development working on consent order.
Maple Shade signed consent order with EPA with $75,000 penalty.
Medford Lakes is negotiating a consent order with DEP.
Medford Township negotiating consent order and $191,250 penalty with DEP.
Moorestown negotiated but has not signed an EPA consent order with $75,000 penalty.
Mount Holly negotiating a consent order and a $490,250 penalty with the DEP.
Palmyra signed consent order with $20,000 penalty.
Riverside signed consent order with $85,000 penalty.
Riverton signed consent order with $12,500 penalty.
Willingboro no consent order but $24,375 penalty.
Wrightstown signed consent order with $7,500 penalty.
Ousted Delran Mayor Reflects, With Disappointment
Source:
http://articles.philly.com/1992-05-21/news/26011525_1_mayoral-opponents-voters-frustrationBy Josh Zimmer, INQUIRER CORRESPONDENT
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May 21, 1992Delran Mayor Richard Knight, turned out of office last week by voters after eight years, blames his defeat on voter anger and frustration that he believes should not have been connected with his term. Knight remained combative several days after the election, saying he thought many voters had been influenced by his opponents to connect him with unpopular actions of the Delran Sewerage Authority.
"It's a misunderstanding to link me with it," Knight said Saturday. "It was the issue. I will always believe it was politically motivated."
Knight's mayoral opponents, Sewerage Authority member Jon Hewko and the victor, Tom DiLauro, who is employed by Consolidated Rail Corp., worked to link Knight to the controversy, which centered on a 42 percent rate adopted in February and rescinded in April.
Widespread anti-incumbency sentiment could not have helped Knight, either.
"Some people I talked to just wanted change," Councilwoman Mary Ann Rivell said Monday. Rivell did not run, and her at-large seat went to one of DiLauro's running mates.
"People are angry and frustrated," Knight said. "I still don't believe it's a good time to be an incumbent."
The days since his defeat gave Knight, a marketing executive with American Telephone & Telegraph in Philadelphia, time to reflect on his service as mayor. He said the job became increasingly difficult because of reductions in federal and state financial support. "It's not fun anymore," said Knight, who said he has a deep affinity for politics. "There's a sense of frustration and helplessness that you're not able to do the things that need to be done for your municipality because you don't have the level of support."
Knight lost his position at the hands of the largest voter turnout since 1976. He got 1,049 votes but lost by 113 votes to DiLauro.
Knight's running mates - Councilman Walter Shultz and Ethics Commission Chairman Joseph M. Otto - fell by even larger margins to DiLauro's team of Eileen McGonigle and Anthony Ogazalek Jr. Hewko ran alone and trailed with 718 votes.
Knight, who was a councilman from 1982 to 1984, said of looking back, ''It's a mixed feeling. . . . (I'm) very satisfied about the 10 years I put in as an elected officer and somewhat sad that I won't be able to do things for the township."
"I think it (Knight's defeat) was very deserving," former Mayor James Gaughan, former secretary-treasurer of the Sewerage Authority and a vigorous campaigner against Knight, said Sunday. Gaughan, who was not reappointed by the authority this year, said he thought Knight conspired to force him out and called Knight's last four years in office "a tragedy, because I thought he was a shining light years ago. I think he was a victim of his own arrogance. Some people just can't tolerate power." Many people who have worked with Knight as mayor gave him high marks for effort, accessibility and concern.
"I thought he was a good mayor," Council President Andrew Ritzie said Sunday. "He really and truly had Delran's interests at heart."
Under Knight's administration, Delran became less rural, more suburban.
According to Ritzie, "Dick was looking for the town to expand. He was in favor of promoting business in town . . . mainly to promote the tax base." Ritzie said he thought that Knight had largely succeeded.
Ritzie also credited Knight with arranging for affordable housing in town and attempting to unite residents on both sides of Route 130, which bisects the township. Knight said he was extremely skeptical that DiLauro's administration could follow through on its platform, which includes asking for the resignation of the Sewerage Authority, starting plastic recycling and eliminating health benefits for people appointed to township boards.
But Knight, who sees himself, and is seen, as very competitive, was lacking in follow-through himself this election, some observers say.
"I don't think he really got out and worked hard enough," Jack Foster, Democratic Town Committee chairman, said Monday. "I think he felt sure the people would recognize his services."
Delran Mayor-elect Is Unable To Change Sewerage Authority
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http://articles.philly.com/1992-06-07/news/26029467_1_authority-member-sewerage-authority-mayor-electBy Josh Zimmer, INQUIRER CORRESPONDENT
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June 07, 1992Delran's Mayor-elect Tom DiLauro was swept into office May 12 on a groundswell of discontent with the present administration, stemming largely from the beleaguered township Sewerage Authority.
Under public pressure, the authority rescinded in April a 42 percent rate increase. But the mistrust lingered, fed by two mayoral challengers - DiLauro and Jon Hewko - who made the controversy their top campaign issue.
Following his 113-vote victory over eight-year incumbent Richard Knight (who has sought a recount), DiLauro fulfilled a campaign promise election night by calling for the resignation of all five authority members.
Pledge discharged, nothing has changed since. The authority remains firmly intact.
Willing to resign? "Of course not," member Jack Foster said. "Right in the midst of building a new (treatment) plant? That would be the most stupid thing to do."
Foster was referring to an estimated $10 million plant expansion made necessary by the 1987 Mount Laurel II agreement. The settlement requires many townships to construct a certain percentage of low- and moderate-income housing.
The authority is racing to acquire by June 30 various permits and approvals needed to qualify for about $5 million in no-interest loans from the state's
Wastewater Trust Fund, Martin S. Sanders, senior project engineer, said Wednesday.
DiLauro never had the power to go beyond requesting the resignations, officials said. The changes he campaigned for could only come if a majority on the five-member Township Council, which has sole power over appointments, decides not to extend the current members' terms. An authority member also could be ousted if found guilty of corruption.
One member, Chairman Raymond Vranich, will be up for reappointment in February, but Foster is scheduled for reconsideration in February 1997, Council President Andrew Ritzie said.
"He (DiLauro) called for everyone's resignation because it sounded politically powerful, but what's going to go in its place?" said Hewko, an authority member whose platform advocated abolishing the body and privatizing its functions.
Authority member Fran LaMonica said Tuesday, "I just think he was misinformed, and by doing that (advocating resignations), he was misinforming the people."
DiLauro has greeted the authority's resistance with cynicism.
"Let's say I was disappointed but not surprised," DiLauro said Tuesday. ''It's obvious they haven't caught on to what the people of Delran want."
On Tuesday, DiLauro continued making references to Knight's alleged influence over the council's appointments to the authority and hammered away at what he called the authority's mismanagement and lack of concern for ratepayers.
"Let's replace the present authority (with one) that will be responsive to residents and taxpayers," DiLauro said.
DiLauro's win was buttressed by the landslide victories of his running mates, Eileen McGonigle and Anthony Ogozalek Jr. DiLauro said his supporters would have to be patient for opportunities to replace authority members, but it remains a mystery whether he will have the votes needed to make changes.
McGonigle and Ogozalek are registered Republicans, as is DiLauro. Henry Shinn, the council's only Republican now, said Tuesday he would not be taking sides.
Council President Ritzie said DiLauro is "going to find out that he doesn't have the kind of latitude people believe you have."