NEW JERSEY WINS ROUND IN EFFORT
TO IMPROVE DAM SAFETY
Superior Court Ruling Demands
Draining of Lake Behind Dam in Need of Repair
(04/91) TRENTON -- The New Jersey Superior
Court this week ruled in favor of the state in a decision
ordering the lowering of a lake behind the Kenilworth Lake
Dam #1 in Evesham Township. The decision supports the state's
aggressive efforts to get dam owners to bring their dams
into compliance with safety requirements.
"This decision should serve as a notice to dam owners
of the gravity and importance of dam safety," said
Department of Environmental Protection (DEP) Commissioner
Bradley M. Campbell. "While ordering a lake drained
is the state's last resort, our first priority must be public
safety. Dam owners out-of-compliance with safety requirements
should take advantage of low-interest repair loans currently
offered by the state or else expect to face similarly tough
enforcement."
"We will continue to work with DEP to ensure that
all dam owners are held accountable for properly inspecting
and maintaining their dams to ensure the safety of people
and property downstream," said Attorney General Peter
C. Harvey. "In this case, Kenilworth Lake Dam has been
ordered drained until it can be reconstructed by the owners
in a sound manner. I urge all dam owners to comply with
their obligation under the law to repair their dams and
keep these structures in good condition."
On August 4, Superior Court Judge Ronald E. Bookbinder
entered an order against Pine Acres Associates and developer
Joseph Samost, owner of Kenilworth Lake Dam #1, to begin
to drain the water level completely behind the dam starting
Friday, August 6, 2004. In an effort to bring the dam into
compliance, the DEP had issued numerous order letters to
the dam owner, which were largely ignored. The DEP ultimately
referred the case to the Attorney General's office for legal
action; the case has been in Superior Court since July 26,
2004.
The dam sustained additional structural damages during
the July 12, 2004 rainstorm event in Burlington County.
The August 4, 2004 order also stipulates times for the
submission of permits for draining the lake. Failure to
comply with the order will subject Joseph Samost to penalties
under the Safe Dam Act, N.J.S.A. 58:4-1 et seq., and any
other sanctions the Court may impose, including the appointment
of a trustee to oversee draining and reconstruction of Kenilworth
Lake Dam.
"This case underscores the DEP's limited power in
enforcing dam safety rules," added Campbell. "Rather
than only relying on last-resort legal action, the DEP is
working with the legislature to gain authority to issue
administrative penalties that will aid in enforcement against
delinquent dam owners, like the owners of Kenilworth Lake
Dam #1."
The Kenilworth Lake Dam #1 is considered to be a significant
hazard (Class II) dam structure, which is operating in an
unsafe condition and in need of immediate repairs. A failure
of this earthen dam could negatively impact downstream area
structures including Kenilworth Road, Braddocks Mill Road,
Colony Lake Dam, and about a dozen homes located around
the Colony Lake area.
There are four hazard classifications of dams in New Jersey.
The classifications relate to the potential for property
damage and/or loss of life should the dam fail:
- Class I (High-Hazard Potential) - Failure of the dam
may result in probable loss of life and/or extensive property
damage.
- Class II (Significant-Hazard Potential) - Failure of
the dam may result in significant property damage; however,
loss of life is not envisioned.
- Class III (Low-Hazard Potential) - Failure of the dam
is not expected to result in loss of life and/or significant
property damage.
- Class IV (Small-Dam Low-Hazard Potential) - Failure
of the dam is not expected to result in loss of life or
significant property damage. Dam must also meet specific
size and construction requirements.
Kenilworth Lake, which has a normal surface area of approximately
22 acres, is primarily used for recreational purposes. The
earthen dam has a maximum height of about 17 feet and length
of about 300 feet. The dam is located on an unnamed tributary
to Barton Run within the Evesham Township in Burlington
County.
Public Question Number 3, overwhelmingly approved by voters
last November, included $95 million in bonds to fund low-interest
loans for dam repairs. The DEP accepted applications for
loans this spring; subsequent to last month's flooding in
Burlington County, Governor McGreevey ordered the application
period reopened until September 30, 2004 so that dam owners
statewide could take advantage of the funding to make needed
repairs.
There are approximately 1,600 known dams in New Jersey.
More information about DEP's dam safety program and the
low-interest loan program is available at http://www.nj.gov/dep/damsafety.
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