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

23. This ACO shall be binding on Respondent, their respective agents, successors, assigns, and any trustee in bankruptcy or receiver appointed pursuant to a proceeding in law or equity. 24. This ACO shall be fully enforceable as a final Administrative Order in the New Jersey Superior Court. 25. Respondent agrees not to contest the terms or conditions of this ACO except that Respondent may contest the Department's interpretation or application of such terms or conditions in any action brought by the Department to enforce this ACO's provisions. 26. This ACO shall not relieve Respondent from obtaining and complying with all applicable federal, state and local permits as well as all applicable statutes, codes, rule, regulations and orders, including but not limited to the statutes and regulations cited herein. 27. Nothing in this ACO shall preclude the Department from taking immediate action or seeking injunctive relief to protect the public health, safety, welfare and/or environment. 28. No modification or waiver of this ACO shall be valid except by written amendment duly executed by Respondent and the Department or by the Department’s written modification pursuant to the force majeure provisions herein. 29. Unless otherwise specifically provided herein, Respondent shall submit all documents required by this ACO, except penalty payments, to the Department by certified mail, return receipt requested or by hand delivery with an acknowledgment of receipt form for the Department’s signature to: Department of Environmental Protection Bureau of Solid Waste Compliance and Enforcement 9 Ewing Street, Mail Code 09-01 P.O. Box 420 Trenton NJ 08625-0420 Attention: Supervisor, Northern Region The date the Department receives the certified mail or executes the acknowledgment will be the date the Department uses to determine Respondent’s compliance with this ACO. 30. Respondent shall not construe any unwritten or informal advice, guidance, suggestions, or comments by the Department, or by persons acting on behalf of the Department, as relieving Respondent of their obligations under applicable Department permit(s) and

, guidance, suggestions, or comments by the Department, or by persons acting on behalf of the Department, as relieving Respondent of their obligations under applicable Department permit(s) and approvals, this ACO, and or any applicable statutes or regulations promulgated thereunder. 31. In addition to the Department’s statutory and regulatory rights to enter and inspect, Respondent shall allow the Department and its authorized representatives access to the site at