Dear Residents and Neighbors,
 
In our last communication, we advised that the Quarry had circumvented mediation when it unilaterally petitioned the DEP on May 1 to approve a limited investigation of the soils at the Millington Quarry.   Members of Citizens for a Clean and Safe Millington Quarry and the Bernards Township Committee have each filed letters with the DEP opposing the Quarry’s proposed plan as insufficient and recommending measures to ensure adequate testing of the quarry site.  For a summary of CCSMQ and the Township’s positions, read further below or see the attached CCSMQ letter and visit  http://www.bernards.org/Township%20Committee/Document/Quarry-Letter09-06-01ToDEP.pdf . 
 
In the pending litigation between the Quarry and the Township, another mediation session is scheduled for June 10.
 
 
SUMMARY OF POSITIONS
 
CCSMQ addresses the following:
  • The Quarry misrepresents the use of the property as nonresidential, fails to disclose that the quarry has been operating as an unlicensed dump and falsely claims that fill has been subject to a vigorous oversight and compliance program.
  • The Quarry’s application should be rejected because it undermines the New Jersey Superior Court’s Order that the parties engage in good faith mediation to resolve issues, including testing.
  • The Quarry’s proposed Remedial Investigation Work Plan (RIWP) is inadequate for numerous reasons.  The RIWP must require, among other items: (i) a description of environmental conditions of the site; (ii) advanced soil borings to groundwater, not refusal; (iii) a site-wide soil protocol–not testing limited to soils imported since 2006; (iv) a sampling of both the “overburden material” and an existing site drainage pool; (v) characterization of groundwater flow and quality; (vi) sampling of existing wells on-site and construction and testing of additional wells; (vii) groundwater monitoring–the Quarry’s proposal is limited to soils assessment; (viii) a greater amount of samples and a wider range of analytical parameters; and (ix) an environmental impact study if any of the initial sampling detects contamination.   All should be done with Township approval and oversight. 
     
Township’s Position: 
 
Icon Engineering’s letter to the DEP on behalf of the Township also discusses deficiencies in the Quarry’s application and requests that the DEP:
  • increase the frequency of proposed borings and analytical samples
  • increase the acreage of the quarry included in the sampling
  • expand parameters analyzed in the samples
  • conduct continuous screening in soil borings
  • collect and analyze groundwater and surface water samples
  • interact closely with the Township and its professionals to ensure the soil and groundwater is contaminant free
  • consider issuance of an Administrative Order assessing penalties for illegal operations and environmental impacts
  • meet with the Township and its representatives to discuss remediation of the site
The Township reminded the DEP that it had met with DEP Commissioner Lisa Jackson on July 2, 2008 to discuss the Township’s concerns of contamination, at which time the Quarry “vociferously objected to the Township’s request for the Department’s involvement.”   The Township states that the purpose of its’ letter is to ensure that adequate testing is conducted and that “the Department does not endorse or accept any perfunctory or inadequate amounts or types of testing suggested by the Quarry.”
 
 
Very truly,
 
 
CCSMQ