I. Bonding should be required for discharges or activities that affect EV streams EPA denied DEP's last Triennial Review for antidegradation and required, among other things, that DEP not allow any new or additional discharges to EV streams. DEP objected and said that as long as the regulations required water quality to be maintained and protected then federal requirements were being met. The reason for having no new or additional discharges to EV streams is simple. They are our best streams, and operations on these streams will eventually fail. When, for example, a sewage plant fails, DEP does not have a reputation for being the fastest enforcement agency in the area.
Problems typically go on until the stream is harmed far longer than necessary.
We would suggest that if DEP does not want to limit new or additional discharges, then it require dischargers, or any activity to an EV stream, to post a bond that would cover the cost of a cleanup should the operation fail and lower water quality. Each bond would have to be individually determined. Final approval will be given only after three years, and only after a satisfactory showing by DEP that the proposed regulations meet minimum federal requirements and keep clean waters clean.