155-13 Settlement Agreement with Reliable.pdf

WHEREAS, The NJDEP required the Site to have all of the material ground into a first grind state by March 1, 2012 and have all storm related materials removed no later than July 1, 2012; and WHEREAS, notwithstanding various reminders by Wayne DeFeo, the Township Environmental Compliance Officer, and attempts by Reliable, the deadlines were not achieved; and WHEREAS, Reliable has since spent approximately $5,592,000 to purchase equipment to enable it to process large quantities of vegetative material faster in an attempt to avoid having excess material on site, and all such equipment is available to be used at the Site; and WHEREAS, Reliable is now in compliance with the amount of material permitted under the limited NJDEP exemption for the Site; and WHEREAS, in order to amicably resolve the issues above without the need for litigation, both the Township and Reliable intend to memorialize the release and resolution of these issues by execution of a Stipulation of Settlement in the form annexed hereto as Attachment “A” (the “Stipulation”); and WHEREAS, pursuant to the Stipulation, Reliable has agreed to pay to the Township $5,000.00 in consideration of the non-compliance described herein; NOW, THEREFORE BE IT HEREBY RESOLVED, by the Township Council of the Township of West Orange that the Township approves the settlement of Reliable’s non-compliance upon payment of $5,000 plus any additional fees and expenses due to the Environmental Compliance Officer; and it is further RESOLVED that notice of Resolution shall be published and available in the Clerk’s Office for reasonable inspection in accordance with applicable law. ________________________________ Karen J. Carnevale Susan McCartney Township Clerk Council President Adopted: August 20, 2013