205-18 Authorizing Execution of Administrative Consent Order with the Department of Environmental Protection for Materials on Select~.pdf

1 205-18 September 4, 2018 RESOLUTION AUTHORIZING ADMINISTRATIVE CONSENT ORDER WITH THE DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR CONTAMINATED MATERIALS AT 18 CENTRAL AVENUE, BLOCK 9, LOT 36 AND 4 TOMPKINS STREET, BLOCK 7, LOT 22 WHEREAS, pursuant to the provisions of the Local Redevelopment and Housing Law, as amended and supplemented, N.J.S.A. 40A:12A –1 et seq. (the “Local Redevelopment and Housing Law”), the Township of West Orange (the “Township”) is empowered to implement redevelopment plans and carry out redevelopment projects in the Township; and WHEREAS, in accordance with the criteria set forth in the Local Redevelopment and Housing Law, the Township adopted Resolution No. 228-16 which designated as “an area in need of redevelopment” approximately 2.5 acres identified as Block 9, Lots 11.01, 11.02, 11.03, 32, & 36 and Block 7, Lot 22 as each respective parcel of property is designated upon the official Tax Maps of the Township of West Orange (the “Properties”); and WHEREAS, pursuant to Resolution 121-16, the Township of West Orange (the “Township”) retained Matrix New World (“Matrix”) to conduct a Preliminary Assessment and Site Investigation as to the Properties; and WHEREAS, an abandoned building was located at 18 Central Avenue (“18 Central”) which had fallen into disrepair; and WHEREAS, on March 7, 2017, the Township adopted Resolution No. 68-17 authorizing the execution of an Interim Redevelopment Agreement with The Alpert Group which included the demolition of the 18 Central abandoned structure; and WHEREAS, the 18 Central abandoned structure contained contaminated materials that must be disposed of in accordance with all applicable environmental laws under the requirements regulated by the New Jersey Department of Environmental Protection (the “DEP”); and;

2 WHEREAS, the Township has negotiated an Administrative Consent Order (the “ACO”) with the DEP extending the timeframe until May 1, 2020 and procedures for removal and disposal of the contaminated materials, annexed hereto as Exhibit “A.” NOW, BE IT RESOLVED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF WEST ORANGE that that the Township is authorized to execute the ACO with the DEP annexed hereto as Exhibit “A”; and it is further RESOLVED, that the Township Engineer is hereby authorized to execute the ACO with the DEP annexed hereto as Exhibit “A”; and it is further RESOLVED, that a copy of this Resolution shall be made available in the Clerk’s office to the extent required with applicable law. Karen J. Carnevale, R.M.C. Susan McCartney, Council President Municipal Clerk Adopted: September 4, 2018 4824-6255-6017, v. 1