SENATE, No. 786
STATE OF NEW JERSEY
INTRODUCED FEBRUARY 15, 1996
By Senator MATHEUSSEN
An Act creating the Big Timber Creek Watershed Management Commission, supplementing Title 58 of the Revised Statutes and making an appropriation.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares that the lakes in Camden and Gloucester counties have become increasingly eutrophic, once open waters have become swamp-like bodies of water which do not allow swimming, boating or other activities associated with lakes; that the homeowners on these lakes have been deprived of the resource for which they purchased their homes at a cost significantly higher than if this resource had not been part of the property; that the properties have been significantly devalued by this loss of use resulting from the eutrophication; that the development of the area, including the construction of highways, roads, housing and parking lots, has been a significant factor contributing to this eutrophication, although, without proper study and assessment of the watershed, it is impossible to delineate the main causes of, and best solutions for, the eutrophication problems in the lakes; that it has become an emphasis for the State in addressing these types of water quality problems to take a watershed management approach to the problem; and that the area in Camden and Gloucester counties, referred to locally as the Big Timber Creek Watershed, is particularly threatened by pollution problems requiring State attention.
The Legislature further finds and declares that its intent in addressing the environmental problems of the Big Timber Creek Watershed through this act is to establish a pilot project for watershed management that will serve as a Statewide example of a watershed approach to pollution problems and a learning experience from which other areas of the State that seek to address their pollution problems can benefit; and that its intent is also to facilitate municipal and county dealings with the Department of Environmental Protection, direct the department to give priority to the projects developed pursuant to this act, and establish a cooperative basis for the department, the counties and the municipalities involved to identify, isolate and solve the water quality problems of the Big Timber Creek Watershed.
The Legislature therefore determines that in order for the lake owners to restore and preserve the lakes, the towns in the area to overcome pollution problems sufficiently to restore and preserve the viability of the watershed, to prevent further eutrophication of both public and private lakes in the watershed, and to facilitate cooperation between the municipalities, counties and the Department of Environmental Protection, it is necessary for the State to assist them in developing a watershed management plan for the Big Timber Creek Watershed area, in coordination with the mayors and councils, boards of chosen freeholders, county planning departments, and the other entities involved in the management and preservation of the watershed; and that it is in the interest of the people of this State to develop watershed management programs that are responsive to environmental problems caused, even in part, by actions taken for the benefit of the State.
2. a. There is established, in the Department of Environmental Protection, the Big Timber Creek Watershed Management Commission for the purpose of developing a watershed management program for the watershed in Camden and Gloucester counties referred to locally as the Big Timber Creek Watershed. For the purpose of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the commission is allocated to the Department of Environmental Protection, but, notwithstanding that allocation, the commission shall be independent of any supervision or control by any department or by the commissioner or any officer or employee thereof. The commission shall constitute an instrumentality of the State exercising public and essential governmental functions, and the exercise by the commission of the powers conferred by this or any other act shall be deemed and held to be an essential governmental function of the State.
For the purposes of this act, the area referred to as the "Big Timber Creek Watershed" shall comprise of the watershed area to be defined by the commission within the following municipalities:
(1) The Camden county municipalities of Barrington, Bellmawr, Berlin Borough, Berlin Township, Brooklawn, Clementon, Gloucester city, Gloucester Township, Haddon Heights, Hi-Nella, Laurel Springs, Lawnside, Lindenwold, Magnolia, Mount Ephraim, Pine Hill, Pine Valley, Runnemede, Somerdale, Stratford, and Winslow; and
(2) The Gloucester county municipalities of Deptford Township, West Deptford Township, Westville, and Washington Township.
The Big Timber Creek Watershed shall also include, but not be limited to, within the municipalities listed in paragraph (1) and (2) of this section, the following bodies of water, known as Bell's Lake, Big Lebanon Lake, Blackwood Lake, La Cascata Lake, Dramesi Lake, Grenloch Lake, Irvin's Lake, Jones Lake, Lakeland Lake, Lake Mathilde, Nash's Lake, Lake Renee and Stoner's Pond.
b. The commission shall consist of 17 voting members as follows: four mayors, two of whom shall be appointed by the Camden County Mayors Association from Camden county municipalities located within the Big Timber Creek Watershed, and two of whom shall be appointed by the Gloucester County Mayors Association from Gloucester county municipalities located within the Big Timber Creek Watershed; one member from the Camden County Board of Chosen Freeholders who is the freeholder who represents the county on the Tri-County Water Quality Commission; one member from the Gloucester County Board of Chosen Freeholders who is the freeholder who represents the county on the Tri-County Water Quality Commission; the director of the Camden County Planning Department or a representative whom the director may appoint; the director of the Gloucester County Planning Department or a representative whom the director may appoint; the district manager of the Camden County Soil Conservation District; the district manager of the Gloucester County Soil Conservation District; four private lake property owners, two from Camden county municipalities, to be appointed by the Camden County Mayors Association, and two from Gloucester county municipalities, to be appointed by the Gloucester County Mayors Association; one member from the South Jersey Transportation Authority to be appointed by the authority; the Commissioner of the Department of Environmental Protection or the commissioner's designee; and the Commissioner of the Department of Transportation or the commissioner's designee.
The representative elected to the United States House of Representatives from the State's congressional district in which the Big Timber Creek Watershed is located, or a designee that the representative may appoint, may serve as an ex-officio, non-voting member to the commission. In the event congressional redistricting places the Big Timber Creek Watershed in more than one congressional district, the representatives from each of the congressional districts in which parts of the Big Timber Creek Watershed are located, or their designees, may serve as ex-officio, non-voting members.
Each of the members of the commission shall serve ex-officio, except for the private lake owners who shall serve a term of two years, after which they may be reappointed or private lake owners that have not been previously appointed may be appointed. The mayors appointed by the Camden County Mayors Association and the Gloucester County Mayors Association shall serve a term of two years, after which the respective county mayor association may reappoint the mayors, or appoint mayors from other municipalities in the watershed, to serve on the commission.
A member or an appointed designee of the member, as provided for hereinabove, may delegate that member's authority to a representative in order to attend a meeting in the member's stead, however, this appointment shall be temporary and shall not constitute an appointment to the commission. The person delegated the member's authority in this manner may vote on the member's behalf.
The Governor may remove any member of the commission for cause and appoint another member to replace the removed member.
c. Nine members, a majority of the membership, shall constitute a quorum for the transaction of commission business. Action may be taken and motions and resolutions adopted by the commission at any meeting thereof by the affirmative vote of a majority of the full membership of the commission.
d. The commission shall meet regularly as it may determine, and shall also meet at the call of the chair of the commission or upon petition by a majority of the governing bodies of the municipalities in the watershed. There shall be minutes kept of each meeting of the commission. Copies of the minutes shall be distributed to each of the mayors and councils of municipalities within the watershed prior to the next meeting of the commission, with notice of the next meeting and an invitation to submit comment on the minutes.
e. The commission shall elect a chair from among its members and such other officers as may be necessary. The commission may, within the limits of any funds appropriated or otherwise made available to it for this purpose, appoint such staff or hire such experts as it may require.
f. Members of the commission shall serve without compensation, but the commission may, within the limits of funds appropriated or otherwise made available for these purposes, reimburse its members for necessary expenses incurred in the discharge of their official duties.
3. a. The commission shall establish an advisory group consisting of five subcommittees concerned with specific problems or issues raised by the development of the watershed management plan, as follows:
(1) one subcommittee to consider and research the environmental problems and issues involved in restoring and preserving the watershed;
(2) one subcommittee to consider and research the intergovernmental problems and issues involved in restoring and preserving the watershed;
(3) one subcommittee to consider and research the private lake problems and issues involved in restoring and preserving the watershed;
(4) one subcommittee to consider and research the problems and issues involving streets, roadways, and stormwater runoff involved in restoring and preserving the watershed; and
(5) one subcommittee to consider and research any other problems and issues of concern to the commission involved in restoring and preserving the watershed.
The advisory group and each of its subcommittees shall gather information, conduct research and devise solutions to the various problems and issues involved in restoring and preserving the watershed.
b. The membership of the advisory group and its subcommittees shall be appointed from individuals in the watershed area, the counties involved and the State who have particular interest or expertise that is significant in addressing any issue being addressed by the commission.
c. Each subcommittee shall select a chair and report back to the full commission as it deems appropriate or as requested by the commission. After selecting a chair, each subcommittee shall devise a regular schedule of working sessions to address the problems and issues in its area on which the commission requires further information and research. Each subcommittee shall submit the schedule to the other members of the advisory group.
d. The advisory group and its subcommittees shall participate in commission meetings as a whole or as subcommittees as required by the commission.
4. The commission shall develop a watershed management plan, with an emphasis on the restoration and preservation of eutrophic lakes in the area. The plan shall include:
a. A study and assessment of the boundaries of the Big Timber Creek Watershed and a definition of an area within the Big Timber Creek Watershed to be known as the "Big Timber Creek Watershed Management Area," which shall comprise the areas and bodies of water in which restoration and preservation efforts are of the highest priority in the watershed;
b. A description and identification of the problems in the area affecting the viability of the watershed, including, but not limited to, an identification of the pollutants of concern in the watershed, flooding problems, dam degradation problems, point source pollution, non-point source pollution, and water quality problems;
c. An outline and description of possible solutions to the problems identified pursuant to subsection b. of this section, including, but not limited to, methods to implement projects to solve these problems, methods of funding, programs to educate the public about pollution-reduction methods, the local, State and federal agency coordination required, and a prioritized project list to implement these projects in terms of their importance to the restoration and preservation of the watershed;
d. An outline and description of pilot projects on individual lakes to remedy individual problems, including, but not limited to, methods to implement these projects, methods of funding, the local, State and federal agency coordination required, and a prioritized project list to implement these projects in terms of their importance to the restoration and preservation of the watershed, including the project's priority within the list developed pursuant to subsection c. of this section;
e. A determination and analysis of all long term, stable funding sources, including, but not limited to, an assessment and analysis of the distribution of costs between the entities involved with the commission, based on each entity's contribution to the problem being remedied; and
f. Recommendations for the implementing and financing of the plan, including a plan for implementation which incorporates the use of the long term, stable funding sources determined and analyzed pursuant to subsection e. of this section.
While developing the outline, description and prioritized list of individual lake pilot projects required by subsection d. of this section, every effort shall be made to give first priority to projects affecting the body of water known as Big Lebanon Lake.
5. a. The commission shall prepare a report every six months of its progress in developing a watershed management plan and solutions to the problems confronting the viability of the watershed, and shall submit this report to the Department of Environmental Protection, the Camden County Board of Chosen Freeholders, the Gloucester County Board of Chosen Freeholders, and each of the mayors and councils of the municipalities in the watershed.
b. Upon completion of the watershed management plan, the commission shall submit the plan to the Department of Environmental Protection for approval, and the department shall determine, within 60 days of the receipt thereof, if the plan is approved and may be implemented. If no action is taken within 60 days, the plan shall be deemed approved.
c. Upon approval of the watershed management plan, the commission shall coordinate, oversee and negotiate the implementation of the plan, including applying for necessary funding, proceeding with the development of the pilot projects outlined, and taking any other action necessary to assist in the restoration and preservation of the watershed in accordance with the plan and local, State and federal laws.
6. For the purposes of improving the coordination of permit approvals and other applications required by separate divisions of the Department of Environmental Protection, the Department of Environmental Protection may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any rules and regulations it deems necessary to coordinate flood abatement projects, point source and non-point source pollution abatement projects, dam maintenance and safety projects, water quality projects, the application of the rules and regulations involved in developing and implementing these projects, and wetland and watershed protection and management regulations, in order to implement more efficiently the watershed management plan developed pursuant to this act.
7. The commission shall expire one year from the date of the approval of the watershed management plan by the Department of Environmental Protection, unless at a meeting of the commission, a two-thirds majority of the members of the commission vote for the commission to remain in existence. Each year thereafter, at a meeting of the commission, a two-thirds majority of the members of the commission must vote for the commission to remain in existence, or the commission shall expire on the anniversary date of the department's approval of the watershed management plan in the year that the commission does not meet or fails to have a two-third majority vote for the commission to remain in existence.
8. There is appropriated to the Department of Environmental Protection from the General Fund the amount of $1,400,000 for the development of the watershed management plan for the Big Timber Creek Watershed Management Area pursuant to section 4 of this act.
9. This act shall take effect immediately.
STATEMENT
This bill creates an 18-member Big Timber Creek Watershed Management Commission within the Department of Environmental Protection for the purpose of developing a watershed management program for the watershed surrounding the portion of the Atlantic City Expressway in Camden and Gloucester Counties. This management plan shall include:
(1) A study and assessment of the boundaries of the Big Timber Creek Watershed and a definition of an area within the Big Timber Creek Watershed to be known as the "Big Timber Creek Watershed Management Area";
(2) A description and identification of the problems in the area affecting the viability of the watershed, including an identification of the pollutants of concern in the watershed, flooding problems, dam degradation problems, point source pollution, non-point source pollution and water quality problems;
(3) An outline and description of possible solutions to these problems, including, but not limited to, methods to implement projects to solve these problems, methods of funding, the local, State and federal agency coordination required, and a prioritized project list to implement these projects in terms of their importance to the preservation and restoration of the watershed;
(4) An outline and description of pilot projects on individual lakes to remedy individual problems, including, but not limited to, methods to implement these projects, methods of funding, the local, State and federal agency coordination required, and a prioritized project list to implement these projects in terms of their importance to the preservation and restoration of the watershed, including the project's priority within the overall watershed project list developed for and included in this management plan;
(5) A determination and analysis of all long term, stable funding sources, including, but not limited to, an assessment and analysis of the distribution of costs between the entities involved with the commission, based on each entity's contribution to the problem being remedied; and
(6) Recommendations for the implementing and financing of the plan, including a plan for implementation which incorporates the use of the long term, stable funding sources determined, analyzed and included in this management plan.
For the purposes of this act, the area referred to as the "Big Timber Creek Watershed" is defined as the municipalities of Clementon, Pine Hill, Pine Valley, Berlin Township, the Borough of Berlin, Gloucester Township, the City of Gloucester, Brooklawn, Mount Ephraim, Bellmawr, Runnemede, Haddon Heights, Barrington, Lawnside, Magnolia, Somerdale, Hi-Nella, Stratford, Laurel Springs, Lindenwold, and Winslow in Camden County; the municipalities of West Deptford Township, Deptford Township, Westville, and Washington Township in Gloucester County; inclusive of the bodies of water known as Bell's Lake, Big Lebanon Lake, Irvin's Lake, Jones Lake, Nash's Lake, Lake Mathilde, Stoner's Pond, Blackwood Lake, Lake Renee, Grenloch Lake, Lakeland Lake, La Cascata Lake, and Dramesi Lake.
The bill provides that the membership of the commission be as follows: the representative elected to the United States House of Representatives from the congressional district in which the Big Timber Creek Watershed is located would serve as one non-voting ex-officio member, and 17 voting members would be appointed as follows: four mayors, two of whom shall be appointed by the Camden County Mayors Association from Camden County municipalities located within the Big Timber Creek Watershed, and two of whom shall be appointed by the Gloucester County Mayors Association from Gloucester County municipalities within the Big Timber Creek Watershed; one member from the Camden County Board of Chosen Freeholders who is the freeholder who represents the county on the Tri-County Water Quality Commission; one member from the Gloucester County Board of Chosen Freeholders who is the freeholder who represents the county on the Tri-County Water Quality Commission; the director of the Camden County Planning Department or a representative whom the director may appoint; the director of the Gloucester County Planning Department or a representative whom the director may appoint; the district manager of the Camden County Soil Conservation District; the district manager of the Gloucester County Soil Conservation District; four private lake property owners, two from Camden county municipalities, to be appointed by the Camden County Mayors Association, and two from Gloucester county municipalities, to be appointed by the Gloucester County Mayors Association; one member from the South Jersey Transportation Authority to be appointed by the authority; the Commissioner of the Department of Environmental Protection or the commissioner's designee; and the Commissioner of the Department of Transportation or the commissioner's designee.
The bill further provides that the commission shall establish an advisory group of individuals with expertise in the problems and issues being addressed by the commission, to assist the commission in gathering information and devising solutions to problems in the watershed. The commission shall report on its progress every six months to the Department of Environmental Protection, the county freeholders and the mayor and council of each of the municipalities in the watershed management area. Upon completion of the plan, the commission shall submit the plan to the department for approval. If no action is taken within 60 days the plan is deemed approved. Following the approval, the commission shall coordinate, oversee and negotiate the implementation of the plan, including applying for necessary funding, proceeding with the development of the pilot projects outlined, and taking any other action necessary to assist in the restoration and preservation of the watershed in accordance with the plan and local, State and federal laws.
The commission shall expire one year from the date of the approval of the watershed management plan by the Department of Environmental Protection, unless a two-third majority of the membership votes for the commission to continue. Each year thereafter, the commission must meet and vote to continue by two-thirds majority, or the commission shall expire that on the anniversary date of the department's approval of the watershed management plan.
The bill also provides that the department may adopt any rules and regulations necessary to coordinate flood abatement projects, point and non-point source pollution projects, dam maintenance and safety projects, water quality projects and wetland and watershed protection and management regulations, in order to properly implement the watershed management plan developed pursuant to this bill.
Finally, the bill makes a $1.4 million appropriation to the department for the development of the watershed management plan by the commission.
Creates the Big Timber Creek Watershed Management Commission; appropriates $1.4 million.