Water Works 7 - 3/14/03

NJDEP Enforcement and Permit History

( Excerpts from Fellow Correspondent’s letter, continued. )

History seems to be repeating itself at this facility. The history appears to be: drill wells, start using water and get approvals after the fact. The original permit listed as HN0005 for Garden State Growers (GSG) included two wells. On January 22, 1996 a letter from the NJDEP to Mr. David Den Hollander stated that HN0005 had expired on December 3, 1994 (Attachment 2) and that the wells were currently diverting water from unpermitted sources. The letter also stated that Water Use Reports were not submitted for the years 1986 through 1995.

A follow-up memo dated February 6, 1996 indicated that wells drilled on Lot 35, Block 37 were not included in the Agricultural Certification. The next correspondence found in the file, dated June 11, 1996, is an extension of permit HN0005 until December 31, 1996. However, well 3 (24-29072), drilled in 1992, well 4 (24-34404), drilled in 1996, well 5, drilled in 1996, and well 6 (24-33075, later renamed QVF-1), drilled in 1995, were all in place then under a permit that only covered two wells.

On July 11, 1997 the Franklin Township Clerk called Steve Nieswand’s office to investigate well failures in Quakertown. This was followed closely by a non-compliance letter from the NJDEP to GSG on July 17, 1997 and a July 21, 1997 memorandum from Steve Nieswand to Catherine Cowan discussing enforcement action (Attachment 2). The memo suggests allowing GSG to continue use of the uncertified wells as long as the wells in Quakertown are repaired or replaced by GSG. There is also an Enforcement Referral Form listing other letters regarding GSG, some of which I could not find in the files at the Bureau of Water Allocation (BWA). The Referral Form also states that GSG should be responsible for repairing wells in Quakertown. Why was nothing done for residents of Quakertown by the NJDEP despite this information?

Also found in the NJDEP file was an analysis of the source of water to the GSG wells. The file included a copy of the geologic map of the GSG and Quakertown area indicating that the GSG wells draw water from the same strata that subcrop under Quakertown. A map locating failed wells was also present. It is difficult to imagine a department of environmental protection allowing uncertified wells to continue withdrawing water in the same strata as failing wells.

Fast-forward to 1998 with the drilling and use of the wells for the current permit HN0017. An order to “Cease Water Diversions from Uncertified Sources,” in a letter dated October, 1998, was issued by the NJDEP. This letter was not released until the mums that the wells were watering at Quaker Valley Farms had been harvested. The BWA files contained two letters regarding the installation of these wells prior to October, 1998. A notification letter dated May 15, 1998 was sent to the Rutgers Cooperative Extension from Mr. Joe O’Grodnick. The Rutgers Cooperative Extension responded to Mr. O’Grodnick on May 20, 1998 and copied the letter to the NJDEP, which is where the copies in Attachment 2 were located. Why were these wells not shut down after the NJDEP was notified?

In July, 1999 well 8 (QVF-3) was given a separate Water Use Registration, HN0017R, for diversion of up to 3.1 million gallons per month (mgm). Letters dated September 15, 1997 and October 17, 1997 from the Rutgers Cooperative Extension, citing NJAC 7:20A-1.4 (a), state that all wells located on a horticultural site or groups of properties under common management (ownership not mentioned) must come under a single water usage certification.

It is important to note that new wells (without an agricultural certification or water use registration) have been drilled on the property acquired by Mr. David Den Hollander at 130 Old Franklin School Road (Attachment 2). Is history repeating itself again? Does it seem logical to expect that these wells will also be used in the future as another water use registration for another 3.1 mgm of water or more? How many 3.1 mgm water use registrations can one operation have? Because the wells are in place, another 3.1 mgm water use registration must be included in the analysis of area water use. Therefore, the water use should include analysis of the following:

10.03 mgm for GSG ; 9.319 mgm for QVC ; 3.1 mgm for 130 Old Franklin School Rd.

Total 22.449 mgm.