Jackson may contest fine levied by state agency
BY DAVE BENJAMIN Staff Writer

JACKSON - Although the state Department of Environmental Protection (DEP) has determined that a $15,000 fine is the appropriate action to take regarding Jackson's efforts to build an emergency access road at John F. Johnson Jr. Memorial Park, municipal officials are still hoping an alternative penalty or a compromise can be granted.

The DEP issued the fine against the municipality last week.

The work to construct what township officials described as an emergency access road at the park began in the wake of Jackson's July 4 celebration when a record number of vehicles jammed the park off Manhattan Street.

After consultation with the police department, municipal employees began to build an emergency access road off Butterfly Road as an alternate way in and out of the park for emergency vehicles. It turned out that the road was being built in an environmentally sensitive area.

That same area was also an access right of way for Jersey Central Power and Light company to have its vehicles reach power lines belonging to the utility.

Work was ceased on the emergency access road on July 19 when a DEP investigator visited the site at the request of a resident.

Municipal officials cooperated with the investigator and on July 23 DEP spokeswoman Elaine Makatura said Mayor Mark Seda and the township were cooperating with the DEP. Makatura said the area being examined was environmentally sensitive and wetlands were involved. She said there could be endangered species in the area.

An investigation followed from the end of July until mid-November and a DEP determination has resulted in the $15,000 fine being levied against Jackson.

"I think it still has to be resolved with the DEP because there were discussions of significantly reduced penalties," Township Administrator Phil Del Turco said. "We're still going to go with an appeal process and discuss the matter with them."

Del Turco said Jackson representatives will have to go back and talk with the DEP. He indicated that reasonable offers of donations and/or deed restrictions of properties for recreational purposes were made by the township, but those offers were rejected by the DEP.

The administrator said he hopes there can be some kind of a compromise and plans to conduct further discussions with the environmental agency.

Del Turco said in order to undertake any kind of project that will benefit the township - in the case of Johnson Park an emergency access road for police, ambulances or fire departments - there must be coordination among multiple agencies.

"It's very difficult to coordinate between all [of the] agencies any time you embark on a project.," he said. "Now we can't have an emergency access road [at the park]. If there's an emergency now, what do you do?"

Township Attorney George Gilmore and township engineer Dan Burke also attended the meetings with the DEP. DEP spokeswoman Karen Hershey said last week that according to "the administrative penalty assessment that we issued, the department was engaged in discussions and negotiations with Jackson that involved the town undertaking some mitigation projects, meaning restoring wetlands in other areas, and the town was not forthcoming with that."

Hershey said that is why the DEP went forward with the penalty assessment.

"They were going to provide us with a formal proposal and/or any other plans they had and we never received it. That's why we issued this penalty assessment," the spokeswoman said.

Hershey said there was a two-week deadline to present a formal proposal for a suitable settlement and no suitable proposal was presented to the department. The deadline was Nov. 15.

"They can either pay the assessment or they can request an administrative hearing to contest the [determination]," she said.