Jackson will appeal DEP's issuance of $15,000 fine
BY DAVE BENJAMIN Staff Writer

JACKSON - Municipal officials will appeal a $15,000 fine that was levied against Jackson by the state Department of Environmental Protection (DEP).

At its meeting on Nov. 27 the Township Council authorized an appeal letter to be sent to the Office of Administrative Law. At issue is Jackson officials' decision over the summer to have municipal employees convert a dirt road that leads into Johnson Park from Butterfly Road remade as an emergency access for the park.

In considering the decision to appeal the fine, Councilman Scott Martin said, "It's important to note there will first be a remediation for the two parties to get together and hopefully they can settle this at that level. We're going to take a pragmatic approach to this. Obviously it wouldn't make sense to spend $20,000 [to avoid paying] $15,000."

A DEP investigator who visited the site at the park where the road work was being done deemed that the area being disturbed might be environmentally sensitive. Work ceased and the municipality restored the area.

The DEP eventually issued the $15,000 fine which Jackson is now appealing.

The dirt road at the center of the matter has been used by Jersey Central Power and Light crews to reach high tension wires in the area. JCP&L has a lease on the property, which is owned by the township.

"Jackson owns the road and we lease it," JCP&L spokesman Ron Morano said. "We do not have a problem with [the township] using it for emergency egress. In terms of the area it is in, essentially we are aware there are steps to take if we have to work on the road."

Morano did not know how many years the dirt road has been leased.

The road in question is an all dirt road which had a few small gullies. Although it was dry when municipal employees were there, small diameter pipes were installed to prevent further road erosion and to allow water to pass through. The pipes were then covered with gravel.

When the DEP inspector informed the township that the area might be environmentally sensitive, municipal employees dismantled the pipes and restored the area.

On Nov. 15 the DEP said it did not receive a proposal from Jackson as to other restoration projects the town would consider doing and the DEP issued the $15,000 fine. Township officials said several offers that had been made to the DEP were rejected.

"We have been unjustly penalized," Mayor Mark Seda said, explaining that there had been discussions between the township administrator and representatives of the DEP, but nothing was put in writing.

"They wanted us to commit certain lands to clean up or preserve for open space and we were OK with that, but that turned into 'we want you to do that and we're still going to issue a fine,' " he said.

Seda said at that point it was unfair.

"We told them that doesn't make sense," he said. "We're trying to preserve land on our own. We don't need their help or directions, but if they try to force us to do that right now, when we're not ready to do it, we will entertain that."

"On the other hand," the mayor said, "if you're going to issue a fine anyway, I may suggest that you issue the fine and we can move forward and appeal it."

Seda said the reason Jackson is appealing the fine is because JCP&L has a blanket permit to cut the brush in this area every four to five years and they do it and nobody ever complains about it.

"They do whatever they need to do in accordance with their permit," the mayor said. "I spoke to JCP&L and said we were going to cut the brush so we can put a temporary road in so in case of an emergency we will have access out through the other side of the park."

Johnson Park is bounded by Manhattan Street and Butterfly Road.

Seda said JCP&L representatives told him that was a great idea and said it would save them the work of cutting the brush along the dirt road.

"We moved forward and did what we were going to do and the DEP came in and treated it as if there were no permit in place," the mayor said "We don't have the permit in place, but JCP&L does. [The DEP] tried to make it sound as if we created the worst criminal act in the history of Jackson."

Seda said crews complied with the directive to restore the area and said no damage was done.

"So what are you penalizing [the township] for? What did we do that was so tremendously horrible that it incurs a cost of $15,000? Absolutely nothing," he said.

Council President Ann Updegrave said, "Basically I agree with the mayor as far as JCP&L [is concerned], they have access and can do whatever they [need to do] in that area of Johnson Park. It seems like [the DEP] is going after the township regarding [the road and for] trying to make a road out of the park for safety reasons. That was the reason for this happening to begin with.

"If we find it very costly to defend we will not purse it," she said. "The $15,000 fine in my opinion is a lot, considering we were trying to negotiate something with the DEP and the next thing we knew the negotiations just fell by the wayside. I understand the fine was put on the township because of the wetlands. [Seda's] heart was in the right place. He went about doing something and later he found out that he couldn't do it."