205-18 Exhibit to Resolution Authorizing Administrative Consent Order.pdf

Exhibit “A”

PHILIP D. MURPHY DEPARTMENT OF ENVIRONMENTAL PROTECTION CATHERINE R. MCCABE Governor DIVISION OF WASTE ENFORCEMENT, PESTICIDES & RELEASE PREVENTION Commissioner BUREAU OF SOLID WASTE COMPLIANCE & ENFORCEMENT SHEILA Y. OLIVER P.O. BOX 420, MAIL CODE 09-01 Lt. Governor TRENTON NJ 08625-0420 TEL. (609) 292-6305 FAX. (609) 292-4539 CERTIFIED MAIL/RRR ________________________________ Mr. Leonard Lepore Township Engineer Township of West Orange 25 Lakeside Avenue West Orange, New Jersey 07052 RE: ADMINISTRATIVE CONSENT ORDER Dear Mr. Lepore: Enclosed for service upon you are two draft Administrative Consent Orders (“ACO”) prepared by the New Jersey Department of Environmental Protection (“NJDEP” or the “Department”) pursuant to the provisions of the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., and/or the Solid Waste Utility Control Act, N.J.S.A. 48:13A-1 et seq. If the terms meet with your approval, please sign and return to me within fifteen (15) days of receipt. Upon full execution of this Administrative Consent Order, a copy will be sent to you. Please be advised that the enclosed agreement and offers contained therein, absent confirmation from the Department, will expire on the thirty-first (31st) day following its receipt by the above named parties. Failure to sign and return this ACO within the above time period will be considered a rejection of its terms, and consequently may subject the Township to perfunctory enforcement action. Should you have any questions concerning the enclosed ACO, please contact Ms. Gina Lugo at (609) 203-3732. Sincerely, ____________________________________ Tom Farrell, Chief Bureau of Solid Waste

____________________________________ Tom Farrell, Chief Bureau of Solid Waste Compliance & Enforcement C: Gina Lugo, Supervisor, Solid Waste Compliance and Enforcement Enclosure

PHILIP D. MURPHY DEPARTMENT OF ENVIRONMENTAL PROTECTION CATHERINE R. MCCABE Governor DIVISION OF WASTE ENFORCEMENT, PESTICIDES & RELEASE PREVENTION Acting Commissioner BUREAU OF SOLID WASTE COMPLIANCE & ENFORCEMENT SHEILA Y. OLIVER P.O. BOX 420, MAIL CODE 09-01 Lt. Governor TRENTON NJ 08625-0420 TEL. (609) 292-6305 FAX. (609) 292-4539 CERTIFIED MAIL/RRR ________________________________ Mr. Leonard Lepore Township Engineer Township of West Orange 25 Lakeside Avenue West Orange, New Jersey 07052 RE: ADMINISTRATIVE CONSENT ORDER Dear Lepore: Enclosed for your records is the fully executed Administrative Consent Order (“ACO”) between the New Jersey Department of Environmental Protection and The Township of West Orange, pursuant to the provisions of the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., and/or the Solid Waste Utility Control Act, N.J.S.A. 48:13A-1 et seq. Should you have any questions concerning the enclosed ACO, please contact Ms. Gina Lugo at 609-203-3732. Sincerely, ____________________________________ Tom Farrell, Chief Bureau of Solid Waste Compliance & Enforcement C: Gina Lugo, Supervisor, Solid Waste Compliance and Enforcement Enclosure

PHILIP D. MURPHY DEPARTMENT OF ENVIRONMENTAL PROTECTION CATHERINE R. MCCABE Governor DIVISION OF WASTE ENFORCEMENT, PESTICIDES & RELEASE PREVENTION Acting Commissioner BUREAU OF SOLID WASTE COMPLIANCE & ENFORCEMENT SHEILA Y. OLIVER P.O. BOX 420, MAIL CODE 09-01 Lt. Governor TRENTON NJ 08625-0420 TEL. (609) 292-6305 FAX. (609) 292-4539 IN THE MATTER OF : : ADMINISTRATIVE CONSENT ORDER The Township of West Orange : Property known as The Former Selecto : Flash Property, 18 Central Avenue, West : Orange, Essex County, New Jersey : This Administrative Consent Order (hereinafter “ACO”) is entered into pursuant to the authority vested in the Commissioner of the New Jersey Department of Environmental Protection (“NJDEP” or the “Department”) by N.J.S.A. 13:1D-1 et seq., and the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq. and/or the Solid Waste Utility Control Act, N.J.S.A. 48:13A-1 et seq., and duly delegated to the Chief, Bureau of Solid Waste Compliance and Enforcement, pursuant to N.J.S.A. 13:1B-4. A. FINDINGS 1. The Township of West Orange (hereinafter referred to as “Respondent”), in Essex County, New Jersey is a generator of solid waste and owns the property known as the Former Selecto Flash Property and located at Block 9, Lot 36 at 18 Central Avenue, West Orange, Essex County, New Jersey. 2. As the result of a self-disclosed unforeseen circumstance, Respondent will be retaining material currently characterized as solid waste beyond the six month storage limit established within the regulations that implement the Solid Waste Management Act. Such solid waste is in the form of approximately 1,100 cubic yards of concrete and associated fines containing

within the regulations that implement the Solid Waste Management Act. Such solid waste is in the form of approximately 1,100 cubic yards of concrete and associated fines containing contaminants at concentrations above the Direct Contact Soil Remediation Standards, but below the concentrations that would yield it as hazardous waste. While this ACO does not remove the classification of such concrete and associated fines as a solid waste, as there may be a future beneficial use for this material, it is hereinafter referred to as “the subject material”). Respondent has provided a scaled site map depicting the location of the subject material which is included in this ACO as Attachment 1.

3. The Department and Respondent have entered into this ACO to ensure that a mutually agreeable schedule is established to address the appropriate management of the subject solid waste. NOW, THEREFORE, IT IS HEREBY AGREED THAT: B. COMPLIANCE SCHEDULE 4. Respondent shall take whatever actions are necessary to achieve and maintain full compliance with this ACO on or before May 18, 2020, including but not limited to the following: a. Proper disposal or legal reuse for the subject material, outlined in section A.2, above. In the interim of achieving this objective, Respondent shall ensure that the contamination within the subject material is prevented from emanating from it, and, that the subject material containing such contamination is immobilized. Respondent represents that such control will be achieved based on the following: storing the subject material on competent impervious surface; preventing the runoff of the subject material in compliance with the provisions of the applicable storm water permit from the Department; and, storing the subject material in a distinct separated area without the comingling of other site debris. Respondent shall contact the Department’s Bureau of Nonpoint Pollution Control to determine which type of Storm Water Permit is applicable to the storage of the subject material. A copy of the completed application submitted to the Bureau of Nonpoint Pollution Control for such Storm Water Permit shall be submitted to the Department’s Bureau of Solid Waste Compliance and Enforcement within sixty (60) days upon execution of this ACO. Respondent may continue storing the subject material in the interim of the Department’s approval of such Storm Water Permit application provided that no discharge of hazardous substances, fines or other contaminants from the subject material that would cause a violation of the Water Pollution Control Act occurs so as to avoid associated penalty assessment(s) and corrective action(s) which may require the immediate removal of the subject material. Failure to timely respond to any deficiencies in the Storm Water Permit application identified by the Department’s Bureau of Nonpoint Pollution Control may, at the Department’s discretion, trigger the Stipulated Penalties provision in

ncies in the Storm Water Permit application identified by the Department’s Bureau of Nonpoint Pollution Control may, at the Department’s discretion, trigger the Stipulated Penalties provision in paragraph 11 of this ACO and/or cause this ACO to be terminated such that the subject materials would be required to be immediately removed. 5. If Respondent is unable to achieve compliance by taking the above actions, Respondent shall be subject to actions available to the Department as set forth in this ACO, and shall be responsible for taking whatever additional actions are necessary in order to comply with all applicable federal, state and local permits as well as all applicable statutes, codes, rules, regulations and orders, including but not limited to the statutes and regulations cited herein.

C. PROGRESS REPORTS 6. Respondent shall submit progress reports to NJDEP every six (6) months; the first progress report shall be due on or before the first (1st) calendar day of the upcoming month, after 180 days have elapsed from the effective date of this ACO. Upon receipt by the Department of the first progress report, each subsequent progress report thereafter shall be due on or before the same calendar day as the first report. Each progress report shall detail the activities taken to comply with this ACO and shall include the following: i. Identification of site and reference to this ACO; ii. Status of work at the site and progress to date; iii. Difficulties or problems encountered during the reporting period; iv. Actions taken or to be taken to rectify difficulties or problems; v. Activities planned for the next reporting period; vi. Required and actual completion dates for each item required by this ACO; vii. An explanation of any non-compliance with the ACO schedule; viii. A performance evaluation of all corrective remedial measures implemented to date. D. PROJECT COORDINATION 7. When returning this ACO with appropriate signature, Respondent shall indicate in the fields provided below the individual who shall serve as Respondent’s contact for the Department, for all matters concerning this ACO: Name: Craig McCarrick, LSRP Title: Project Manager Mailing Address: Matrix New World, 26 Columbia Turnpike, Florham Park, NJ 07932 Phone: 973-240-1800 Email: cmccarrick@matrixneworld.com 8. The above information shall be used by the Department for all communications to Respondent related to this ACO, including the issuance, if applicable, of Notices of ACO Violation(s) and or Stipulated Penalty Demand Letters via first class mail and/or email. Should this information change, Respondent are solely responsible for providing updated information to the NJDEP contact noted in paragraph 10 of this ACO. Failure to update this information in the event of a change, or providing unreliable or incorrect information that results in failure of reasonable efforts by the Department to contact Respondent, shall not constitute an affirmative defense to actions initiated

viding unreliable or incorrect information that results in failure of reasonable efforts by the Department to contact Respondent, shall not constitute an affirmative defense to actions initiated by the Department to enforce this ACO. 9. Respondent shall submit to the Department all documents required by this ACO, including correspondence relating to force majeure issues, by certified mail or hand delivery with an acknowledgement of receipt from the Department. The date that the Department receives the certified mail or executes the acknowledgement will be the date the Department uses to