Under the 2008 process, all 21 counties were required to prepare intensely detailed plans by April 2009. But the materials and instructions provided by the state Department of Environmental Protection were deeply flawed. Some existing and approved projects were slated to be removed from maps while landowners were kept in the dark.
Now, nearly three years later and despite significant efforts, only two counties (Hudson and Monmouth) have submitted plans for approval.
The 2008 rules also paid no heed to broader state planning goals, such as sustainable economic growth, smart development, job creation, and housing availability. These goals cannot be met without adequate sewer and water infrastructure.
The DEP deserves credit for recognizing that the program was flawed and for granting counties short-term extensions on a case-by-case basis. But the state of the economy and landowners' need for certainty justified the uniform relief set forth in the new law, which gives counties another two years to develop wastewater plans. That's especially important given claims that the DEP could have rescinded sewer service areas under the old rules, which would have been catastrophic for development and the economy.
The new law will prohibit the DEP from rescinding wastewater service area designations while the plans continue to be developed. Such assurance is necessary for landowners who are concerned about the status of their properties, as well as for those with financial commitments from lenders and investors. It will also allow state and county officials to ensure that the plans are accurate and appropriate.
