MOUNT OLIVE (12/3/05) – Acting Governor Richard J. Codey, using the "authority vested in his office," has postponed a Department of Environmental Protection deadline that would have implemented what local officials charged were chaotic new rules that would have banned construction of new sewers in towns that did not have current state approved sewer service plans.

According to the DEP only 13 of the state’s 180 sewer systems are in compliance with state and federal laws.

The ban, if implemented would have gone into effect on December 17 and, in essence, could have shut down nearly all new construction in Morris, Sussex, Warren, Hunterdon and Somerset Counties.

Speakers at a hastily called meeting of some 40 Morris and Sussex officials in Netcong last Monday said the ban would force draconian increases in local property taxes, devastate the region’s economy and blow away most local governments’ plans to comply with state mandated affordable housing quotas.

Mount Olive Councilman Steve Rattner, who also serves as vice chairman of the Musconetcong Sewerage Authority, raised the specter of massive numbers of defaults on municipal and utility bonds that could be expected if the DEP order was implemented.

Interestingly, the governor’s order was issued in a letter to Administrative Law Judge Laura Sanders, the director of the Office of Administrative Law, on November 28, the night before the Netcong meeting when several Republican legislators and officials charged that the order, on top of the Highlands Planning and Water Protection Act, and other state efforts were all part of a Democratic plot to undermine so called Republican areas of the state.

Codey’s letter, which extends the expiration date of the reporting period until May 25, 2006, puts the responsibility for the implementation of updated sewer service regulations into the hands of the next administration of Governor Jon Corzine

Rattner, in response to Codey’s letter, issued a statement warning that his order does not "change the fact that the DEP intends to revoke sewer approvals. All it does is give us some breathing room. Our efforts should be increased in that we now know there are some who are listening," he said.

"The DEP had to be dragged kicking and yelling before they shouted uncle. We were advised of (Codey’s) the letter yesterday afternoon. A large number of people questioned whether this would include the remapping of the service areas in planning areas 3, 4, and 5 (suburban and rural areas). Many, including Freeholder Zellman (Sussex) and Christine Marion of the Morris County Department of Planning, Development and Technology called the DEP and were advised that Codey’s order did not include the sewer service area changes, implying that the December 17 deadline was still in effect.

"Michael Daigle, a Daily Record news reporter, contacted the Governor’s Office and was advised that it was inclusive of all proposed amendments to the Water Quality Management Plan as detailed in paragraph three of Codey’s letter."

Daigle then called the DEP, and, according to Rattner, was told the same thing…. it did not include the proposed amendment.

Daigle then called back the Governor’s Office and the respondent, according to Rattner, said "They said what."

"I believe Mr. Daigle spent the better part of the afternoon going back and forth between the Governor’s Office and the DEP to get them reading from the same sheet of music," Rattner said, "I have confirmed this with Assemblyman Gregg’s office," Rattner said.

"We were successful in getting the six month delay because of the efforts of many in making the Acting Governor aware of the situation. The Acting Governor apparently agrees that these far reaching amendments must go through the proper rule making procedures, not by a simple notice.

"We have to understand that the current Water Quality Management Rules were developed over 35 years ago and are irrelevant to today’s needs and population centers. The rules and regulations must be updated to reflect today’s realities and the state must provide the staff required to properly administer them.