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The Department of Environmental Protection found a recent environmental justice law that bars polluting projects in overburdened communities will not bar the construction of a controversial backup power plant in Newark’s Ironbound section.

The decision is a boon to the Passaic Valley Sewerage Commission, which for a decade has urged the construction of backup power generation at a wastewater treatment plant to keep the facility running during severe storms, but it is a blow to community advocates who have opposed the project for nearly as long.

“Will some say this is too far? Sure. Will some say it’s not enough? Absolutely,” Department of Environmental Protection Commissioner Shawn LaTourette told reporters Thursday. 

The department’s decision clears a path for the agency to issue draft permits for the project in mid-August that could see it win final permits in early 2025. A public comment period would come following the draft permits and is expected to run through the end of September.

Community advocates have opposed plans for a backup generation plant, charging it would further overburden a community already abutting three power plants and questioning officials’ claim that the plant would only operate during severe storms that disrupt electricity powering the existing facility.

Maria Lopez-Nuñez, deputy director of organizing and advocacy at the Ironbound Community Corporation, called the decision a “huge betrayal of environmental justice communities.”

“We know communities like ours are subject to political whims, so it’s very likely that this power plant will be built, and it will be built to run not just during emergencies,” she said.

LaTourette on Thursday reiterated the plant would only operate during severe storms but added officials could run it once a month to ensure it still works. Conditions in the decision bar the facility from selling power back to the grid or using the backup plant to cut costs for routine operations.

“This is not to be a revenue-generating function,” LaTourette said.

The conditions also require the facility to stand up at least 5 megawatts of solar generation and battery storage to jump-start power generation following a blackout.

Activists had called for the backup generation plant to draw all its power from renewable sources, but LaTourette said the review found renewable sources could not feasibly power wastewater treatment during severe storms.

Regulators at the Board of Public Utilities in 2022 rejected renewable energy for a since-abandoned NJ Transit backup power plant in Kearny, finding they would require more space than the site could provide and prove too unreliable to depend on during inclement weather.

The Ironbound project can proceed despite a 2020 environmental justice law that requires state environmental officials to deny applications for polluting projects in historically overburdened community, with officials arguing that parts of the agreement will require the Passaic Valley Sewerage Commission to cut emissions from existing equipment.

Among other things, the decision requires the sewerage commission to remove aging boilers and generators and impose new air pollution controls on other existing equipment. The actions would reduce emissions from the plant to below existing levels even after the backup plant is complete, LaTourette said.

“Because of that, there is no disproportionate impact,” the commissioner said. “We have avoided that outcome, which is the purpose of the [environmental justice] law, and therefore the relief available for a compelling public interest needn’t be reached.”

The project will only proceed if the sewerage commission accepts the conditions, and LaTourette indicated it would. And it will require the commission to examine the feasibility of transitioning the plant to hydrogen or another renewable source.

That requirement did little to hearten Lopez-Nuñez, who warned residents would physically obstruct construction at the plant if the commission votes to begin building next year.

“If they vote to move a construction process, they will be met with bodies,” she said. “The community will resist this, so they will have to bulldoze over the residents of the Ironbound Community Corporation and Greater Newark [Conservancy] and all our friends. People have come out in the hundreds to oppose this plant.”

The backup plant is meant to ensure the facility operates during severe storms that could otherwise force it to divert sewage into waterways. Severe flooding and power outages during Hurricane Sandy forced the treatment plant to dump roughly 840 million gallons of raw sewage into the Passaic River and Newark Bay.

3-minute read

As I walked into a local diner on a recent July morning, I encountered a trio of gentlemen in their 70s conversing about years gone by, expensive medical appointments, and the cost of a scrambled egg. One of the gentlemen was wearing a U.S. Army Veteran hat, and he reminded me of many of the battered but proud soldiers I have encountered in the Philadelphia VA who are often by themselves or homeless on the streets of cities in New Jersey.  I wondered how they were navigating the inflated economic situation in our state with the high cost of living, ridiculous medical bills and rent and mortgage payments that are among the highest in the nation. 

The answer is that they often aren’t. As a nation, a disproportionate 13% percent of our homeless population is made up of Veterans. In New Jersey, our veterans are decreasing in number at a rate of -2.4% per year, with less than half remaining by 2048. Suicide rates continue to increase as many veterans feel ineffective in life and a burden on others. In addition, the aging population is experiencing rising rates of disease and mortality in Vietnam- and Cold War-era populations who sacrificed despite the unpopular reception that they received at home.  

To address these needs, the Senate Community and Urban Affairs Committee was successful after 15 years in moving legislation forward on a state level that will assist disabled veterans with the high property taxes they face by increasing the deductions over the next four years to $2,500 by 2028. This is the first proposal of its kind to advance since last century and doesn’t apply to disabled veterans renting property, living in a community setting or those that were discharged in other than honorable circumstances. Other limitations include continued inflation and the fact that it is only a proposal, not a law. If we must wait another 20 years for revision and improvement to this policy or other supportive measures, most of our Vietnam era heroes may be gone. 

The Social Security benefits all Americans receive and heavily rely on in their golden years is an excellent example of a policy that considers Cost of Living Allowances, or COLAs, by the state to ensure equity. Conversely, Veterans’ Compensation COLA of 2024 adjusts the rates for Veterans in each state equally but not equitably. For instance, in New Jersey, the average monthly rent or mortgage payment is above $1,800; in North Dakota, it is around $800.  A disabled veteran gets the same compensation from the government in both locations with the current scale despite the drastic differences in COLA. This equates to a $1,000 difference monthly while only looking at housing expenses, which could easily result in a Veteran becoming unhoused or unable to support children or grandchildren in their pursuits. New Jersey legislators must push for a policy to adapt Veteran’s disability benefits to match the high tax rates and COLA. Opposition to increases in veteran disability compensation in New Jersey includes a segment of society that feels that the compensation deters the community from working later into life and potentially suffering stress and depression through inactivity. Until other veteran benefits programs like Vocational Rehabilitation are accessible and property tax reductions are enacted, disability compensation is the most feasible solution to avoid veteran poverty. Rep. Andy Kim of the 3rd District said, “We owe it to our veterans to find ways to fill in the gaps in their benefits and deliver the support they have earned,” to which I respectfully respond, “Deeds Not Words.” We should get more familiar with our local legislators when supporting veteran legislation, knowing the devasting outcomes of homelessness, mental health issues and worse that can develop through isolation and struggles at home. 

Another example of a New Jersey politician who seems to understand this concept is Assemblyman Brian Bergen, who delivered a package of bills for New Jersey veterans in 2021 to acknowledge the sacrifice of Veterans as they return home. Unfortunately, they appear to have received opposition based on political affiliations alone. These stagnated proposals include state tuition for qualifying veterans, business grants, proportional tax assistance, and relocation assistance for veterans interested in moving to our great state.  Ultimately, New Jersey needs to harness the strengths of our service member leaders to benefit our communities versus ostracizing them or forcing them to seek financial refuge elsewhere. 

The inability to bypass ideological differences in Trenton reminds me of a song my grandparents introduced about respecting each other called “The Living Years.”  In that song, Mike Rutherford (from Mike in the Mechanics) states, “Say it loud (say it loud), Say it clear (say it clear), You can listen as well as you hear, It’s too late (It’s too late), When we die (oh, when we die), To admit we don’t see eye to eye.” 

Now is our time to learn from this poignant lesson and recognize and support our nation’s heroes during their remaining living years despite our other differences. As American voters, we must learn how to support local legislators who look past their party lines and listen to our aging veteran’s needs before it’s too late. 

Ryan Holak, a veteran and a student in Baylor University’s masters in social work program, is a resident of Delran Township in Burlington County.