February 24, 2003

From: NY/NJ Baykeeper Phone: 732-291-0176 or 732-768-6033

Contact: Greg Remaud, Preservation Director

Sayreville, NJ - // Kaplan and Sons Construction Company has just been issued an Administrative Order by the New Jersey Department of Environmental Protection for violating numerous sections of New Jersey’s Water Pollution Control Act and now faces over $200,000 in penalties, and will be forced to correct all violations and deficiencies.

"This developer needlessly clear-cut beautiful, high-functioning wooded bluffs bordering its La Mer development. Then for years, blatantly ignored legal requirements to contain tons of soil and polluted storm water that was directed into Cheesequake State Park, severely harming public wetlands, waterways and exceptional natural environs," stated Greg Remaud, Baykeeper Preservation Director. "Kaplan has a history of violations at La Mer, has been on notice of NJDEP violations for several years and has been given every opportunity to remedy these damages, he simply chose not to."

"The Order, issued by NJDEP Compliance and Enforcement Asst. Commissioner Lisa Jackson, sends a very powerful message that Governor McGreevey’s strong anti-sprawl pledge is backed up by meaningful action on behalf of the public and New Jersey’s natural resources" said Remaud.

- More -

Andy Willner, Baykeeper Executive Director, is calling for "the full restoration of impacted wetlands and coastal bluff, including the planting of mature trees to stabilize the still-eroding bluffs at La Mer." Willner continues, "Despite astoundingly obvious violations, clear proof, and strong public outcry, this developer seemed immune to penalty. Baykeeper and our colleagues simply refused to accept this environmental insult."

Willner and Remaud, who first witnessed, photo-documented, and called agency attention to Kaplan and Sons’ major violations in 1996, cite "The damaging storm water impacts at La Mer as a perfect example why the new, more effective storm water regulations currently proposed by the NJDEP should be implemented. The new regulations would aim to design for maximum natural drainage and minimal site disturbance, the exact opposite of what occurred at La Mer."

"Developers at La Mer and all around Cheesequake Park have been using the Park as a private storm water detention basin — this must stop" said Remaud. "We need strong enforcement like this, and the acquisition of adjacent buffer lands to the park if we are to preserve this great natural area for the public."

"The Whitman/Shinn era at NJDEP, where ‘voluntary compliance’ for the regulated community allowed even the worst actors to call there own shots, is now officially over," continued Remaud.

Baykeeper applauds Governor James McGreevey, NJDEP Comm. Brad Campbell, Asst. Comm. Lisa Jackson and Asst. Comm Marc Matsil. Praise also goes to Congressman Frank Pallone; Bill Schultz, Raritan Riverkeeper; our colleagues at Natural Resources Defense Council, Rutgers Environmental Law Clinic, Columbia Environmental Law Clinic, and NJ Audubon; the National Oceanic and Atmospheric Administration and US Fish and Wildlife Service. Most of all, to the citizens of Old Bridge and Sayreville and around the state who refused to stand idle as one of New Jersey’s great natural areas was assaulted for private profit.

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