The situation in Ocean Gate is amplifying over citations given by the Ocean County Health Department (OCHD) to the Borough, claiming its wind turbines are in violation of state noise regulations.
The OCHD granted Ocean Gate thirty days to fix the noise issue, however the Borough’s attorney James Gluck has responded to the County, asking for a list of documentation regarding the violation be provided by the OCHD, and asking for an indefinite stay for the information to be investigated.
List of documents requested by Ocean Gate :
1. Date, time, and place of alleged violation.
2. The specific Administrative code allegedly violated.
3. Name and title of inspectors or OCHD personnel involved in conducting the “noise recordings” including their curriculum vitae. Exact location, time, date, and duration for the recorded noise measurements “from several streets in the area of the wind turbine” including the traffic conditions at the time.
4. Exact location and address for any “neighborhood residual sound” or “background noise” measurements obtained including the traffic conditions at the time.
5. Certified copies of any data logs, field notebooks, etc utilized to record noise and background measurements.
6. Listing any equipment used to conduct the noise recording and background measurements.
7. Certified copies of calibration records for any equipment utilized to conduct the noise recording.
8. Service and repair records for any equipment utilized to conduct the noise recordings.
9. Certified copies of any data generated by the equipment utilized to conduct noise recordings.
10. The methodology used in conducting the noise recording.
11. Certification of compliance with N.J.A.C. 7:29-2.9 in conducting the noise recording.
Gluck says the Borough only received a notice informing them of the violation, but it didn’t have any other specifics.
“It didn’t have any details as to what the violation was, where it occurred, where it occurred and how the health department came to their conclusion of how there was a violation notice.”
Adding, once the guidelines have been met the Borough will try to adhere to all administrative code, however he notes they don’t want to base anything off of one test.
“The mayor has been in contact with the Health Department via email even as late as today to discuss them coming out and taking additional readings in the area.”
Gluck says the letter from OCHD informing them about the violation was mailed on March 30th and received in his office April 11th, informing them they have thirty days to comply with fixing the violations. Though it has been past thirty days from either the letter being sent or received, the Health Department hasn’t taken any enforcement actions but he wants it to be acknowledged officially.
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