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

NJDEP approval of the Recycling Center, and was thus in non-compliance for at least seventy seven (77) days; 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 Recycling Center; and WHEREAS, Reliable is now in compliance with the amount of material permitted under the limited NJDEP exemption for the Recycling Center; and WHEREAS, the Parties have agreed to amicably resolve the issues above without the need for litigation, and to hereby memorialize the settlement between the parties by execution of this Stipulation of Settlement; and NOW, THEREFORE, in consideration of the mutual benefits conferred in this Settlement, the premise of this Settlement, the consideration provided for herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and subject to the terms and conditions herein contained, the Parties agree as follows: 1. Settlement Amount. Reliable shall pay to the Township a total of Five Thousand ($5,000) Dollars (the “Settlement Amount’), in consideration of the violations as set forth in this Agreement. Additionally, to the extent that it has not already done so, Reliable shall pay all fees and expenses of the Environmental Compliance Officer for all inspection services related to the violations as set forth above. The Settlement Amount shall be paid in accordance with the terms hereof. All monies shall be remitted to the Township c/o John Gross, Chief Financial Officer, Municipal Building, 66 Main Street, West Orange, New Jersey 07052 no later than 30 days after the Township Council approves and all parties execute this Stipulation of Settlement. To the fullest extent necessary, the Township may designate its Chief Financial Officer an Attorney-in-Fact to execute any joint check or other disbursement to satisfy the Settlement Amount. To the extent necessary, the Township may deduct or offset the Settlement Amount from any monies due to Reliable. 2. Scope of Settlement. The Settlement Amount is paid by Reliable, to the Township, in satisfaction of liquidated damages owed to the Township by Reliable, and unexpected expenses incurred by the Township due to Environmental Compliance

nt Amount is paid by Reliable, to the Township, in satisfaction of liquidated damages owed to the Township by Reliable, and unexpected expenses incurred by the Township due to Environmental Compliance Officer fees and attorneys’ fees in connection with the violations set forth herein. Nothing contained herein shall release Reliable from any remaining obligations under the Agreement. 3. Waiver of Claims. As a condition of this Settlement, Reliable hereby waives, with prejudice and in their entirety, any and all claims, counterclaims, equitable relief and defenses that have been, could be or could have been brought against the Township in connection with the Agreement. 4. Enforceability. Reliable’s failure to pay the Settlement Amount shall be deemed an immediate default entitling the Township to file suit for the Settlement Amount, including the recovery of reasonable attorneys’ fees and costs to be paid by Reliable, in connection with any such enforcement. In any such event, Reliable consents to entry of a judgment in the amount of the Settlement Amount pius reasonable attorneys’ fees, costs and post-judgment interest.