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

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.