Trenton — A water quality consultant to the New Jersey Department of
Environmental Protection on river cleanup plans also works for sewage treatment
plants discharging pollutants into those same rivers, according to internal
documents released today by Public Employees for Environmental Responsibility
(PEER). Not only does the consulting firm wear two conflicting hats at the same
time on the same river, this consultant hired a former DEP scientist who helped
develop the DEP river cleanup plan program.

TRC Omni Corporation acts as a paid consultant to DEP on the Clean Water Act’s
“Total Maximum Daily Load” (TMDL) program. In that role, Omni scientists
collect water quality data, design water quality models, and establish specific
enforceable pollutant reduction permit requirements for individual facilities
discharging pollutants into the Raritan, Millstone and other rivers. Meanwhile,
Omni does virtually identical work as a permit consultant to sewage treatment
plants discharging pollutants into these very rivers.

Apparently in violation of post-employment State ethics code restrictions,
an Omni Senior Project Manager working on DEP pollution discharge permits for
its industrial clients, Tom Amidon, previously worked in DEP’s water quality
and TMDL programs. While at DEP, Amidon was directly and substantially involved
in the same type of work he is now doing for Omni.

“The ethical swamp only gets murkier at DEP,” said New Jersey PEER
Director Bill Wolfe, a long-time former DEP employee, referring to acting Governor
Richard Codey’s pledge to reform the ethical climate in Trenton and beef
up enforcement of conflict of interest and post–employment restrictions.
“So, while DEP pays tax dollars to Omni for work cleaning up the river,
Omni is seeking regulatory relief from DEP clean water requirements for Omni’s
other clients.”

Documents show that DEP scientists repeatedly raised concerns with agency managers
regarding the impropriety of Omni’s dual roles, and complained about how
conflicts undermined the scientific integrity of their work. Documents show
that Commissioner Bradley Campbell was briefed about this situation. Nonetheless,
follow-up corrective actions were not taken.

“This is a classic case illustrating what is wrong with ‘Fast Track’
schemes to expand privatization of the state’s anti-pollution regulatory
functions,” Wolfe added, noting that the insider information provided
to consultants by the public agency can then be peddled to undermine the public
interest. “Not only is the fox guarding the henhouse, but the chickens
are paying the fox to design the henhouse security system.”

The scientific studies at stake determine the amount of dirty water that may
be discharged by into State rivers and streams, some of which serve as drinking
water sources. The purpose of the TMDL is to determine the maximum amount of
pollution these water bodies can absorb and still provide safe drinking water,
healthy fish habitat, as well as being fit for swimming, as required by the
Clean Water Act.


initial warning to management on conflict of interest from DEP scientists

at email describing the Commissioner “Hot Issues” briefing on the
Omni issue

letter from Omni (and former DEP) manager Tom Amidon

Tom Amidon’s “Performance Assessment Review” describing his
former duties at DEP

out Omni letter to Commissioner Campbell opposing phosphorus standards –
nonetheless, Omni later got DEP phosphorus TMDL contracts

Review Codey administration’s
Ethics Report with recommendations to toughen post-employment (revolving door)

New Jersey PEER is a state chapter of a national alliance
of state and federal agency resource professionals working to ensure environmental
ethics and government accountability

Phone: 202-265-7337

962 Wayne Avenue, Suite 610
Silver Spring, MD 20910-4453

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Environmental Responsibility

PEER is a 501(c)(3) organization
EIN: 93-1102740