Kaplan fined by DEP for
construction violations
By jennifer dome
Staff Writer
SAYREVILLE — The state Depart-ment of Environmental Protection (DEP) announced last week that the developer of LaMer, located off Ernston Road, will be fined $208,500 for stormwater discharges and failure to prevent soil erosion.
The residential development that the Kaplan and Sons Construction Co. is constructing in phases is located along natural bluffs adjacent to Cheesequake State Park.
The property has been clear-cut along the bluffs, the DEP said, and adequate stormwater control measures were not implemented to stop soil erosion from draining into wetlands and nearby Cheesequake Creek.
"Kaplan’s failure to incorporate environmental safeguards into his company’s development practices is illegal, irresponsible and dismissive of the public’s right to a healthy environment," DEP Commissioner Bradley M. Campbell said in a statement.
Michael Kaplan said Tuesday that the company has been completing the work required by the DEP and that he does not know what the new issues are.
"We’ve spent in excess of $1 million fixing up problems that we didn’t cause," Kaplan said of the LaMer property.
Kaplan said that he has worked with the DEP and the U.S. Army Corps of Engineers for more than three years now and the company has obtained all the necessary permits for the construction of the LaMer development.
"I don’t believe that they are correct," Kaplan said.
"We should not be penalized," he added.
In August 2000, the DEP sought stormwater control compliance and erosion relief from Kaplan when the department filed the first Notice of Violation. In December 2002, the DEP inspected the LaMer development and issued additional violations for failure to provide temporary and permanent stabilization for the stormwater retention basins, according to information provided by the DEP.
The DEP said that the company’s failure to stabilize the basins and prevent erosion has caused soil runoff and resulted in sediment impacting area wetlands.
In January, the DEP again found the company’s stabilization efforts unsatisfactory. According to the DEP, hay mulch was applied to two of three basin embankments, but not the basin bottoms. Also, additional areas were found where the soil was disturbed and there was a lack of erosion and sedimentation controls required by the site’s DEP permit.
The fine of $208,500 is based on violations of the state Water Pollution Control Act, including a $35,000 fine for failure to obtain proper permits for clearing and grading and a $3,500 fine for failure to submit annual reports and certifications.