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Order amid Chaos

DEP: $15 million Ciba Green Acres
deal is off


Published in the Asbury Park Press

By TODD B. BATES and JEAN MIKLE
STAFF WRITERS

The state does not plan to provide $15 million to buy uncontaminated property at the former Ciba-Geigy Corp. site in Dover Township, New Jersey's environmental chief said yesterday, leaving some area officials befuddled and an activist pleased.

Legislation that appropriated the money was "an authorization, not a mandate, and the governor has spoken clearly to the view that this is a bad choice in terms of use of our open-space funds," said Bradley M. Campbell, commissioner of the state Department of Environmental Protection.

"I'm absolutely shocked that (Campbell) would even take that position," said state Sen. Andrew R. Ciesla, R-Ocean, who sponsored the legislation.

Dover's acting mayor, Carmine C. Inteso Jr., said he believes the money must be spent to purchase uncontaminated Ciba land. "I don't see how they can stop us from using it," Inteso said.

Campbell made his remarks during a meeting yesterday with the Asbury Park Press Editorial Board.

Jeff Tittel, executive director of the Sierra Club's New Jersey chapter, said Campbell's decision was to "defend the integrity of the Green Acres program over political interference. It's the first bill in the history of the Green Acres program where legislators come in and mandate where Green Acres is going to spend their money vs. going through the (evaluation) process. . . . I think that was a terrible precedent."

Tittel did say he agrees parts of the Ciba site should be preserved.

In January, then-acting Gov. John O. Bennett III signed legislation (S-2752) setting aside $15 million in state Green Acres funds to acquire up to 750 acres at the Ciba site, now owned by Ciba Specialty Chemicals Corp. The site was to be used for "recreation and conservation purposes."

Ciba signed an agreement with the U.S. Environmental Protection Agency last fall on the method to be used to clean up contaminated sites on the property under the federal Superfund program. Ciba is expected to pay about $92 million for the site cleanup.

Ciba Specialty Chemicals officials attended an executive session meeting with the Dover Township Committee on Tuesday night to discuss potential sale of a portion of their land, Inteso said.

"We're acting in good faith, and we're negotiating with Ciba on behalf of the people of Dover Township," Inteso said. Dover's professional staff is preparing a plan for recreational uses.

Inteso, a Republican, said he believes objections by the current Democratic administration of Gov. McGreevey are purely political.

Another Dover committeeman, John F. Russo Jr., a Democrat, said that Ciba officials on Tuesday had expressed their interest in selling some of their property. Before Tuesday night, Ciba officials had never formally expressed agreement.

For months, Russo and fellow Democratic Committeeman John M. Furey have argued that the $15 million would be better used to purchase other properties in Dover that are in more imminent danger of development.

Earlier this year, the Township Committee agreed to ask 10th District legislators to revise their bill to allow Dover to use the $15 million to buy other properties, and not just the Ciba land.

In response, Ciesla produced an opinion from the nonpartisan Office of Legislative Services that said the township would risk losing some, if not all, of the $15 million if the bill were revised.

Russo said he would fight vigorously to keep all $15 million for Dover's use, but still hopes some of it can be used to buy more threatened properties in the Barnegat Bay Estuary. He said the legislators created a problem by restricting use of the money.

Campbell said the Ciba site is not a priority "and we don't even have a willing seller."

Ciesla said he intends to "go ahead and try to acquire the property with the funds that have been provided by law." He said he may ask the state attorney general for his opinion.

Published in the Asbury Park Press 7/18/02

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