155-13 Settlement Agreement with Reliable.pdf

155-13 August 20, 2013 RESOLUTION WHEREAS, the Township of West Orange owns and operates a recycling center located at 570 Mt. Pleasant Avenue, Township of West Orange (the “Site”); and WHEREAS, the Site operates pursuant to an exemption issued by the State of New Jersey Department of Environmental Protection (“DEP”); and WHEREAS, pursuant to Request for Proposal, the Township has entered into a License Agreement (the “Agreement”) with Reliable Wood Products, LLC of One Caven Point Avenue, Jersey City, New Jersey (the “Reliable”); and WHEREAS, the agreement requires Reliable to operate the Site in compliance with all applicable federal, state, county and Township regulations, including the New Jersey Department of Environmental Protection (“NJDEP”) Regulations; and WHEREAS, Reliable agreed to a liquidated damages provision entitling the Township to assess against Reliable damages of $5,000 for each incident that the Township’s Environmental Compliance Officer found that Reliable received vegetative material in excess of the amount permitted under the limited NJDEP approval of the Recycling Center, which is 7,500 cubic yards of unprocessed material and 7,500 cubic yards of processed material (See N.J.A.C. 7:26A-1.4(a)(3)); and WHEREAS, in August 2011, the Township and surrounding areas were subject to Hurricane Irene; and WHEREAS, in October 2011, the Township and surrounding areas were subject to a massive ice storm which created various quantities of debris and tree items; and WHEREAS, on October 29, 2012, the Township and surrounding areas were subject to Hurricane Sandy; and WHEREAS, these three (3) major weather events caused the Site to receive a significant amount of vegetative material in excess of what is allowed by the NJDEP; and WHEREAS, due to the severe weather events, the NJDEP allowed the Site to temporarily take on vegetative material in excess of what is allowed under N.J.A.C. 7:26A-1.4(a)(3); and