155-13 Reliable Wood Products a Stipulation of Settlement - 07_22_13.pdf

STIPULATION OF SETTLEMENT The Parties This Stipulation of Settlement (hereinafter referred to as the “Settlement”) is made on this day of July 2013 between Reliable Wood Products, LLC (“Reliable”), having an address at 1 Caven Point Avenue, Jersey City, NJ 07305, and the Township of West Orange (the “Township"), a Municipal Corporation of the State of New Jersey having its principal location at 66 Main Street, West Orange, New Jersey 07052 (collectively, the “Parties’); and whereas, in furtherance of the Settlement, the Parties hereby represent, warrant, state and agree: Witnesseth WHEREAS, pursuant to a public bidding process the Parties entered into an agreement whereby Reliable would operate the Township recycling center, located at 590 Mount Pleasant Avenue, West Orange, NJ 07052 (“Recycling Center’), in compliance with all applicable federal, state, county and Township regulations, including the New Jersey Department of Environmental Protection (“NJDEP”) Regulations, for a three (3) year contract period commencing October 1, 2008 with options to renew for two additional one (1) year periods (the "Agreement’); and WHEREAS, the Agreement was renewed for the October 1, 2011 through September 30, 2012 optional term, and again for the October 1, 2012 through September 30, 2013 optional term; 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 or around August 2011 through October 2011, the Township was affected by certain severe weather events, including Hurricane Irene, causing the Recycling Center 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 Recycling Center to temporarily take on vegetative material in excess of what is allowed under N.JA.C. 7:26A- 1.4(a)(3); and WHEREAS, The NJDEP required the Recycling Center to have all of the material ground into a first grind state by March 1, 2012 and have

in excess of what is allowed under N.JA.C. 7:26A- 1.4(a)(3); and WHEREAS, The NJDEP required the Recycling Center 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 the Township Environmental Compliance Officer and attempts by Reliable, the deadlines were not achieved: and WHEREAS, the Township Environmental Compliance Officer found that, from July 9, 2012 to October 6, 2012, Reliable missed several deadlines to bring its operation of the Recycling Center into compliance with the vegetative material permitted under the limited 1