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NJ proposes new height requirement for new construction in flood prone areas
NJ proposes new height requirement for new construction in flood prone areas

Yahoo

time15-07-2025

  • Business
  • Yahoo

NJ proposes new height requirement for new construction in flood prone areas

TRENTON -- New Jersey environmental regulators have proposed rules that would raise the minimum height of new construction in flood prone areas of the state. The height rules are a foot lower than what the state originally proposed, but they would still add a significant cost to new construction. The changes, announced Monday, July 14, would also include the Jersey Shore. Chief among those changes is a reduced height requirement that is a foot less than what state environmental regulators proposed last year, when they said at least 5 feet on top of FEMA's Base Flood Elevation was necessary to protect homes in the future. "We've got to be guided by the best available science and acknowledge that science is not static," New Jersey Environmental Commissioner Shawn LaTourette. LaTourette said the reduction in New Jersey's proposed flood zone rules reflect international policy changes that experts predict will reduce carbon emissions and slow global temperature increases from previously higher projections. Under the proposal, new construction in flood areas would be at least 4 feet higher than the elevation requirement set by the Federal Emergency Management Agency, or FEMA. If FEMA's Base Flood Elevation on a property is 3 feet over ground level, the new 4-foot requirement would mean a home would have to be built 7 feet over ground level, according to the draft rules. The reason for the difference is that New Jersey's proposed building standards look forward at projected changes in global temperatures, precipitation and sea level rise when factoring building elevations. In contrast, FEMA's building rules for flood zones look backward at historical flood data. Experts say sea level will rise 4.4 feet through the end of the current century, which marks a reduction from earlier estimates that predicted 5.1 feet of increase, said Jennifer Moriarty, the state's assistant commissioner for watershed and land management at the Department of Environmental Protection. "That's because global temperature increase is now projected to be 2.7 degrees, whereas at the time of the original proposal it was projected to be 3.3 degrees of warming," she said. Sea level has already climbed 18 inches since the early 1900s along the coast, according to the New Jersey Climate Change Resource Center at Rutgers University. The new amendments to New Jersey's proposed flood zone building regulations, or Resilient Environments and Landscapes (REAL) coastal flood rules, would also reduce the regions and neighborhoods that are considered to be within the "inundation risk zone" from the earlier draft, to meet the new predictions. However, even these amended rules would place neighborhoods that are not currently considered at risk into new flood zones, according to critics of the proposal. The amendments would give builders flexibility in flood zones for projects that have "dry access" during floods, so that residents could evacuate or emergency responders could enter. Some low- and moderate-income housing projects could also receive a "hardship exception" from the some of the building rules, as long as public safety is not jeopardized, according to Department of Environmental Protection officials. But waiving the flood-mitigation requirements for affordable housing projects puts vulnerable people in vulnerable areas at risk and "is just going to be very dangerous," said Ed Potosnak, executive director of the New Jersey League of Conservation Voters, an environmental advocacy organization. "Why would we build in a place we know is going to flood in a way we know will kill people… particularly for our most vulnerable (residents)," Potosnak said. "Families with limited financial ability are going to have the most difficult time escaping and finding another place of refuge. They can't just go and necessarily rent a hotel when the storm is coming." "Under no circumstances are we here at the DEP or the (Gov. Phil) Murphy Administration suggesting that folks who are in need of affordable housing should be placed in the most vulnerable areas," LaTourette said. The commissioner said the hardship exemption would only apply if builders can prove they have plans to protect health and safety in affordable housing projects in flood zones. Members of New Jersey's building industry have also been critical of the new flood rules since they were first introduced. The new building height requirement would make construction prohibitively expensive across much of the state. Despite reducing the proposed building height standard from 5 feet over Base Flood Elevation to 4 feet, potential homebuyers will still be priced out of New Jersey's housing market, said Ray Cantor, deputy chief of government affairs for NJBIA, or the New Jersey Business & Industry Association. "That 1-foot decline may not make a difference to some, but it will be cost-prohibitive to many and impossible to overcome for others," Cantor said in a statement. "Put simply, it will be devastating to many of our coastal and river communities. "The DEP is simply doing a great economic disservice to the state that will greatly add to our lack of affordability in New Jersey," he added. Jeff Kolakowski, CEO of the New Jersey Builders Association, said his organization was still reviewing the changes in the proposed regulations. "We will need to thoroughly evaluate the changes to gauge the impact on our state's planning, redevelopment, transportation, infrastructure, housing affordability and economy," he said in an email to the Asbury Park Press. "This proposal's monumental impact on the long-term future of NJ deserves more robust public engagement, better coordination amongst state agencies and priorities and at this point, should be left to the next Administration." When asked by a reporter if the amendments to the flood zone regulations were related to pressure from business and builder groups, the state environmental commissioner pushed back in a July 14 video conference with media. The reduced heights are due to the lowering of the global warming calculation and lesser sea level rise predictions, LaTourette said. Those changes coincide with nations around the world instituting policies that reduce carbon emissions, which drive climate change, he said. The commissioner added that state officials will look at those temperature and sea level rise projections every five years and re-evaluate the building rules in flood areas in response to changes. "It's important to consistently update the science," LaTourette said. "Nothing about the way the number is formulated has changed. The inputs have changed." While the proposed rules would apply to new construction, they would not affect existing buildings in areas that are already experiencing regular and occasional flooding: coastal Monmouth County, Long Beach Island and some communities around Barnegat Bay, for example. Many of the homes in these areas were elevated after superstorm Sandy, but some neighborhoods where the worst flooding happens are routinely cut off from dry land during coastal storms and king tides. Others face the risk of flooding during heavy rains or summer deluges. LaTourette said these communities will require more than one solution to address flooding in the coming years. These areas cannot just elevate buildings; rather, they must reimagine stormwater drainage systems, collaborate on flood prevention projects with state and federal partners and take advantage of state programs that buy out the most flood-prone properties, he said. In some places, levees and tidal gates may also be necessary, he said. "The resilience menu is large, but you have to invest in each course for it to be effective," LaTourette said. The proposed Resilient Environments and Landscapes (REAL) coastal flood rules will be published in the New Jersey Register on July 21. A 60-day public comment period will follow. A public hearing will be held at a date to be announced in September. Amanda Oglesby is an Ocean County native who covers education and the environment. She has worked for the Press for more than 17 years. Reach her at @OglesbyAPP, aoglesby@ or 732-557-5701. This article originally appeared on Asbury Park Press: New Jersey proposal would lift construction 4 feet over FEMA standard

Chemical company hit with $450 million penalty after contaminating public land for decades: 'We are hardly done'
Chemical company hit with $450 million penalty after contaminating public land for decades: 'We are hardly done'

Yahoo

time07-06-2025

  • Business
  • Yahoo

Chemical company hit with $450 million penalty after contaminating public land for decades: 'We are hardly done'

Global manufacturing conglomerate 3M has bowed out of a historic environmental legal battle brought on by the state of New Jersey just days before the lawsuit's scheduled trial. This settlement is one of the largest wins a state has ever received to rectify damages to its land and natural resources, according to Inside Climate News. Since March 2019, New Jersey has filed three lawsuits against 3M and simultaneous lawsuits against chemical giants DuPont and Chemours — the latter of which is a spinoff of the former. Two of the three 3M lawsuits concerned the contamination of the state's natural resources near the Chambers Works sites, an active chemical plant that was previously operated by DuPont for gunpowder manufacturing and later by Chemours for dye and chemical production. According to Manufacturing Dive, 3M was accused of supplying over 500,000 pounds of PFOA, a type of PFAS, to the Chambers Works site from the 1970s to 2002 for DuPont to use in its nonstick technology, Teflon. The manufacturing waste created during Teflon production was then allegedly discharged into the state's air, water, and soil surrounding the plant's site, contaminating natural resources with PFAS, which has large ramifications on public health and the environment. PFAS are called "forever chemicals" because they can take up to hundreds or even thousands of years to break down. They leach into the soil and water supplies, which then get ingested by wildlife and humans, accumulating in our bodies' organs. Exposure to PFAS has been linked to disruptions in the endocrine system and mutations in gene expression, as well as increased risk of certain cancers and metabolic conditions. 3M's historic settlement with the state of New Jersey, a total compensation of $450 million for restoring the state's natural resources, marks a triumph in environmental conservation. This case sets the tone for ongoing litigation with DuPont and Chemours, in addition to other states looking to hold corporations accountable for their environmental impact. "If you harm our residents, if you turn a profit at the expense of their interest and their health, if … you put the health and safety of our residents at risk — we're going to hold you accountable," said New Jersey Attorney General Matt Platkin, per Inside Climate News. "We are hardly done. We will continue to hold DuPont, Chemours, and their progeny companies accountable. Expect that they come to the table or sit before a judge and jury," warned New Jersey Department of Environmental Protection Commissioner Shawn LaTourette, per Inside Climate News. Do you feel safe drinking the tap water where you live? Always Most of the time Not usually Never Click your choice to see results and speak your mind. Join our free newsletter for good news and useful tips, and don't miss this cool list of easy ways to help yourself while helping the planet.

3M to pay New Jersey up to $450M in landmark ‘forever chemical' settlement
3M to pay New Jersey up to $450M in landmark ‘forever chemical' settlement

Yahoo

time14-05-2025

  • Health
  • Yahoo

3M to pay New Jersey up to $450M in landmark ‘forever chemical' settlement

(The Hill) – 3M will pay the state of New Jersey up to $450 million over the next 25 years, resolving claims regarding widespread contamination from 'forever chemicals.' State Attorney General Matthew Platkin and Department of Environmental Protection (DEP) Commissioner Shawn LaTourette announced the agreement on Tuesday, describing the terms as 'the largest statewide PFAS settlement in New Jersey history.' PFAS is the acronym for per- and polyfluoroalkyl substances, an umbrella group of about 15,000 synthetic compounds known for their ability to persist nearly 'forever' in the environment, and for years in the human body. These cancer-linked compounds are present in a wide array of household items, such as nonstick pans, waterproof apparel cosmetics and stain-resistant fabric, as well as in certain firefighting foams. 'The makers of PFAS forever chemicals knew how poisonous these substances were, yet they produced and thoughtlessly released them into New Jersey's environment anyway,' LaTourette said in a statement. 'This historic settlement marks another step toward holding polluters accountable for dangerous PFAS contamination that has wrought havoc on our water supplies, injured our natural resources and threatened the public health,' the commissioner added. Can you filter 'forever chemicals' out of your water at home? New Jersey, one of the most PFAS-polluted places nationwide, is also the accidental birthplace of the chemicals. In 1938, postdoctoral scholar Roy Plunkett inadvertently created the first type of PFAS, known as PTFE or Teflon, while working on replacements for hazardous refrigerants. Plunkett conducted his research in DuPont labs located in the town of Deepwater, which now houses the Chemours Chambers Works site. The Tuesday settlement resolves 3M's liability in New Jersey's lawsuits regarding Chambers Works, as well as at the Parlin site, located in Sayreville, according to the announcement from the attorney general's office. A statement from the company on Tuesday acknowledged that 'historically, 3M supplied PFAS to DuPont at the site but discontinued that supply in 2001.' The settlement also resolves the state's claims against 3M in litigation regarding PFAS presence in firefighting foam, per the announcement. With this resolution, 3M will now no longer stand trial in an ongoing case on Chambers Works against DuPont, its spinoff company Chemours and other defendants. The attorney general's office stressed that Tuesday's settlement ranks among the only such statewide agreements in which 3M has entered for PFAS liability nationwide. Nonetheless, the 3M statement emphasized that 'this agreement is not an admission of liability.' 'If the agreement is not approved by the court or certain agreed terms are not fulfilled, 3M is prepared to continue to defend itself in litigation,' the statement added. The Hill has reached out for comment to both DuPont and Chemours, whose trial is currently scheduled for May 19, according to the attorney general's office. 'Corporate polluters must be held accountable when they contaminate our state's water supply,' Platkin said in a statement. 'For decades, 3M knew that their PFAS chemicals were forever contaminating the New Jersey environment,' the attorney general continued. 'But they continued to pollute the environment and escape accountability. That ends now.' Per the terms of the settlement, 3M will begin issuing payments of $275 million to $325 million in the years 2026-2034. In the first year, the company will pay $43.45 million for natural resources damages at the Chambers Works site and $16.55 million for related PFAS abatement projects, such as drinking water treatment. 3M will also pay $40 million to cover fees, costs and punitive damages, while financing costs of other statewide natural resource damages and pollution reduction. In the 2035-2050 window, the settlement involves an additional $125 million in payments for further damages and abatement needs. Payments made during those years, however, are subject to certain offsetting credits that 3M could receive if local governments are successful in recouping their own related claims, according to the attorney general's office. Via the settlement, 3M is released from liability arising from its sale, marketing, distribution, use and manufacture of PFAS in New Jersey, the announcement stated. However, the company must continue investigating and remediating PFAS contamination at its former New Jersey locations, the settlement added. The attorney general's office also stressed that the agreement does not impact private PFAS lawsuits filed by individual residents against 3M. 3M in its statement described the agreement as 'another important step toward reducing risk and uncertainty on these legacy issues, allowing 3M to focus on its strategic priorities.' The company noted that in the year 2000, it announced the voluntary phaseout of PFOA and PFOS, two of the most notorious types of PFAS. Twenty-two years later, 3M then said it would discontinue all PFAS production by the end of 2025. '3M remains on track to do so,' the statement added. With this newest settlement, the state of New Jersey has now obtained pledges from companies to pay up to about $840 million for contaminating the environment with forever chemicals, the announcement added. 'The damages we recover from 3M will help fund New Jersey's nation-leading PFAS abatement efforts,' LaTourette said, emphasizing that the state 'will continue to hold all PFAS polluters accountable' for their actions. 'The people of New Jersey should never be forced to clean up after them,' the commissioner added. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

3M to pay New Jersey up to $450M in landmark ‘forever chemical' settlement
3M to pay New Jersey up to $450M in landmark ‘forever chemical' settlement

The Hill

time13-05-2025

  • Business
  • The Hill

3M to pay New Jersey up to $450M in landmark ‘forever chemical' settlement

3M will pay the state of New Jersey up to $450 million over the next 25 years, resolving claims regarding widespread contamination from 'forever chemicals.' State Attorney General Matthew Platkin and Department of Environmental Protection (DEP) Commissioner Shawn LaTourette announced the agreement on Tuesday, describing the terms as 'the largest statewide PFAS settlement in New Jersey history.' PFAS is the acronym for per- and polyfluoroalkyl substances, an umbrella group of about 15,000 synthetic compounds known for their ability to persist nearly 'forever' in the environment, and for years in the human body. These cancer-linked compounds are present in a wide array of household items, such as nonstick pans, waterproof apparel cosmetics and stain-resistant fabric, as well as in certain firefighting foams. 'The makers of PFAS forever chemicals knew how poisonous these substances were, yet they produced and thoughtlessly released them into New Jersey's environment anyway,' LaTourette said in a statement. 'This historic settlement marks another step toward holding polluters accountable for dangerous PFAS contamination that has wrought havoc on our water supplies, injured our natural resources and threatened the public health,' the commissioner added. New Jersey, one of the most PFAS-polluted places nationwide, is also the accidental birthplace of the chemicals. In 1938, postdoctoral scholar Roy Plunkett inadvertently created the first type of PFAS, known as PTFE or Teflon, while working on replacements for hazardous refrigerants. Plunkett conducted his research in DuPont labs located in the town of Deepwater, which now houses the Chemours Chambers Works site. The Tuesday settlement resolves 3M's liability in New Jersey's lawsuits regarding Chambers Works, as well as at the Parlin site, located in Sayreville, according to the announcement from the attorney general's office. A statement from the company on Tuesday acknowledged that 'historically, 3M supplied PFAS to DuPont at the site but discontinued that supply in 2001.' The settlement also resolves the state's claims against 3M in litigation regarding PFAS presence in firefighting foam, per the announcement. With this resolution, 3M will now no longer stand trial in an ongoing case on Chambers Works against DuPont, its spinoff company Chemours and other defendants. The attorney general's office stressed that Tuesday's settlement ranks among the only such statewide agreements in which 3M has entered for PFAS liability nationwide. Nonetheless, the 3M statement emphasized that 'this agreement is not an admission of liability.' 'If the agreement is not approved by the court or certain agreed terms are not fulfilled, 3M is prepared to continue to defend itself in litigation,' the statement added. The Hill has reached out for comment to both DuPont and Chemours, whose trial is currently scheduled for May 19, according to the attorney general's office. 'Corporate polluters must be held accountable when they contaminate our state's water supply,' Platkin said in a statement. 'For decades, 3M knew that their PFAS chemicals were forever contaminating the New Jersey environment,' the attorney general continued. 'But they continued to pollute the environment and escape accountability. That ends now.' Per the terms of the settlement, 3M will begin issuing payments of $275 million to $325 million in the years 2026-2034. In the first year, the company will pay $43.45 million for natural resources damages at the Chambers Works site and $16.55 million for related PFAS abatement projects, such as drinking water treatment. 3M will also pay $40 million to cover fees, costs and punitive damages, while financing costs of other statewide natural resource damages and pollution reduction. In the 2035-2050 window, the settlement involves an additional $125 million in payments for further damages and abatement needs. Payments made during those years, however, are subject to certain offsetting credits that 3M could receive if local governments are successful in recouping their own related claims, according to the attorney general's office. Via the settlement, 3M is released from liability arising from its sale, marketing, distribution, use and manufacture of PFAS in New Jersey, the announcement stated. However, the company must continue investigating and remediating PFAS contamination at its former New Jersey locations, the settlement added. The attorney general's office also stressed that the agreement does not impact private PFAS lawsuits filed by individual residents against 3M. 3M in its statement described the agreement as 'another important step toward reducing risk and uncertainty on these legacy issues, allowing 3M to focus on its strategic priorities.' The company noted that in the year 2000, it announced the voluntary phaseout of PFOA and PFOS, two of the most notorious types of PFAS. Twenty-two years later, 3M then said it would discontinue all PFAS production by the end of 2025. '3M remains on track to do so,' the statement added. With this newest settlement, the state of New Jersey has now obtained pledges from companies to pay up to about $840 million for contaminating the environment with forever chemicals, the announcement added. 'The damages we recover from 3M will help fund New Jersey's nation-leading PFAS abatement efforts,' LaTourette said, emphasizing that the state 'will continue to hold all PFAS polluters accountable' for their actions. 'The people of New Jersey should never be forced to clean up after them,' the commissioner added.

Middlesex manufacturer will fight $240K NJ fine over air pollution, odor
Middlesex manufacturer will fight $240K NJ fine over air pollution, odor

Yahoo

time08-05-2025

  • Business
  • Yahoo

Middlesex manufacturer will fight $240K NJ fine over air pollution, odor

MIDDLESEX BOROUGH – The state Department of Environmental Protection (DEP) has imposed $239,700 in penalties against a Cedar Avenue business for violations of New Jersey's Air Pollution Control Air. Spray-Tek, which operates a spray drying facility that has been the subject of complaints by neighborhood residents, has requested an Office of Administrative Law hearing on the violations and the penalty, according to a joint press release by the DEP and the state Attorney General's Office. The order finds that Spray-Tek has operated spray drying equipment without the required pollution control equipment. Spray drying is a process that converts liquid materials into dry powders by rapidly evaporating moisture through the application of heated air, according to the release. The DEP order, issued on Dec. 19, compels Spray-Tek to bring its dryer into compliance by reinstalling the necessary pollution control equipment. In all, the order cites Spray-Tek for more than 120 violations, including two instances of failing to notify the DEP of two releases of air contaminants on March 23, 2022 and Sept. 22, 2022 which resulted in complaints about odors. More: Middlesex Borough commercial building fire under investigation The action by the DEP and the Attorney General is part of an initiative of enforcement actions of environmental violations in 'overburdened communities' under New Jersey's Environmental Justice Law which have historically seen more pollution and contamination but less environmental enforcement than other communities. 'Every resident in every community of our state deserves to live free from environmental harm. That's what environmental justice means, and it's why we remain fully committed to this critical work,' stated Attorney General Matthew Platkin. 'Today's enforcement actions embody DEP's sustained commitment to confronting the historic injustices that have harmed already overburdened communities with a disproportionate amount of pollution,' added DEP Commissioner Shawn LaTourette. Email: mdeak@ This article originally appeared on Middlesex NJ manufacturer will fight $240K state fine over pollution

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