The New Jersey Supreme Court will not hear a developer's challenge to the state's rules limiting sewer extensions, but a Democratic lawmaker has introduced a bill to delay their implementation by three years
A sewer drain is blocked by leaves during a rainstorm in this file photo.TRENTON — The New Jersey Supreme Court will not hear a developer's challenge to the state's rules limiting sewer extensions, but a Democratic lawmaker has introduced a bill to delay their implementation by three years.
The high court refused to hear Bi-County Development's appeal alleging the state overstepped when it approved rules in 2008 to prohibit sewer line extensions into environmentally sensitive areas.
A state appeals court said in June the Department of Environmental Protection has the authority to regulate the extensions, which are key to lucrative new housing and business development. Environmentalists said the decision upheld one of the most important protections for open space. Under the rules, counties must draw up plans that more tightly restrict development.
But a new threat has emerged, they say: Assemblyman Albert Coutinho introduced a bill Monday to delay the implementation of those plans by three years and allow building under old, less-restrictive regulations.
"I've been singularly focused on doing whatever we can to create jobs and get development moving forward," said Coutinho (D-Essex). "To the extent that people are ready and willing to build, we shouldn't get in the way."
Coutinho said he has discussed the bill with the Christie administration and hopes to see it passed during the Legislature's lame-duck session. Christie spokesman Michael Drewniak said the governor's office has not taken an official position on the bill, but will review it.
Environmentalists said they will loudly oppose the measure and the delay, which they consider a veiled attempt to undercut the rules.
"The builders want to sprawl into environmentally sensitive areas," said Tim Dillingham, executive director of the American Littoral Society. "They challenged them legally, the courts have rejected them time and again, so now they're trying to rewrite the laws."
Counties were supposed to implement their plans in 2009. But the deadline for the plans has been twice delayed, most recently under an administrative order that expired April 7. None of the county plans have since been approved by state officials, said Larry Hajna, a spokesman for the DEP.
The DEP is not moving quickly enough, said Jeff Tittel, head of the New Jersey Sierra Club. "The time for this type of special interest legislation is over and we're going to fight back," Tittel said.