Gregg F. Paster, Esq. Gregg F. Paster & Associates 18 Railroad Ave.

, Suite 104 Rochelle Park, New Jersey 07662 Tel: (201) 489-0078 Fax: (201) 489-0520 Attorney for Borough of Dumont IN RE DPW ENVIRONMENTAL REMEDIATION BOROUGH OF DUMONT DPW INVESTIGATORY COMMITTEE BERGEN COUNTY-NEW JERSEY

REPORT OF FINDINGS December 20, 2011

This office was requested to assist in the investigation of the Dumont DPW Remediation and to report findings therefrom. The Dumont DPW Investigatory

Committee is chaired by Council President Carl Manna. Council Members Matthew M. Carrick and Ellen Zamechansky serve as the other members.

TABLE OF CONTENTS

PREFATORY NOTE

................................... . . ...................................................................

1 1 3

PART I. INTRODUCTION A. B. C.
i. ii.

.............

...........

............

......................

................

.................

PART II. INVESTIGATION AND FINDINGS

.......

........................

........

. .
..

.......................

Initial Response by the Borough .................................. , ............ '" ....................... 3 Summary of documents from Nowell Amoroso and NJDEP .
. .......................

....

.4

2010-2011 depositions .....................................................................................23

December 2010 depositions of DPW workers ..............................................23 January - February 2011 depositions of former Councilmen and former April 2011 creation of DPW Investigatory Committee; October 2011

DPW Superintendent John Cook ......................................................................... 26 deposition of former Chief of Staff Jack Eckel; unsuccessful attempts to obtain testimony from former Mayor Donald Winant and former Councilman Michael Licameli
.

Ill.

........

............

...........

...........................................

. .
..

........

........

28

PART I I I. SUMMARY A ND CONCLUSIONS ................................................................. 31 GLOSSARY OF ACRONYMS ......................................................................................... a

PREFATORY NOTE

Due to the voluminous nature of the documents relied upon in creating this report, only those documents that are highly relevant to the summary and conclusion are attached hereto. All other documents will be held on file by the Borough Clerk and can be made available pursuant to a duly submitted OPRA request.

PART I. INTRODUCTION

This report arises out of an investigation into facts surrounding an allegedly chronic state of environmental contamination that has been in place at and around the Dumont Department of Public Works ("DPW") grounds for more than twenty (20) years. Members of the current governing body became aware of the existence of this contamination on or around 10/01/2010, when Mayor Matthew P. McHale ("Mayor McHale") received a nine (9) page letter of 09/29/2010 from the New Jersey Department of Environmental Protection ("NJDEP"), Responsible Party Investigations Unit, outlining the nature and history of the contamination as per the NJDEP's information. See

09/29/10 Letter from Rodney F. Murray, NJDEP Responsible Party Investigations Unit, annexed hereto as Exhibit A. According to the 09/29/2010 letter from the NJDEP, the contamination at or around the DPW resulted from several incidents of discharges of hazardous substances, as follows:

09/1986 discharge of gasoline resulting from an overfill of an underground storage tank ("UST") (contaminated soil excavated but no additional information provided to NJDEP regarding remediation); 10/1986 through 04/1987 leaking 4,000-galion gasoline UST at 1 Aladdin Avenue ("DPW Site") (UST removed in April 1987, contaminated soil excavated and backfilled but no additional investigation/remediation conducted);
1

05/1990 discovery of leaking 1,OOO-galion abandoned gasoline UST at Aladdin Park ("Aladdin Park site" located at Twinboro Lane and Aladdin Avenue), estimated to have leaked approximately 600 gallons of gasoline (UST removed); and 09/1990 fire caused by hazardous substances in a garbage truck coming from Dumont High School extinguished at DPW grounds (all garbage and fire fighting waste water collected and disposed of off-site). Within the 09/29/2010 NJDEP letter, the NJDEP advised the Borough that it was

legally obligated to remediate the discharge of hazardous substances pursuant to the Site Remediation Reform Act, N.J.S.A. 58:10C-1, et seq. ("SRRA"). Failure to comply with the SRRA, the NJDEP wrote, could result in a variety of consequences, including loss of decision making power with regard to remediation activity at the site, liability for three times the costs expended by the NJDEP to remediate the site, and any other enforcement actions permitted under the SRRA. Prior to receiving the NJDEP letter, the 2010 governing body of Dumont was unaware of any ongoing contamination within the Borough, specifically at and around the DPW grounds. In fact, an initial review of Borough Hall records failed to uncover any documentation of the contamination described in the NJDEP letter. As will be

described herein, the lack of records and the seriousness of the contamination described by the NJDEP, not to mention to the potential consequences the Borough faced, prompted the governing body to authorize an investigation into the circumstances and actions surrounding the contamination. See 11/09/2011 Borough Council

resolution authorizing investigation, attached hereto as Exhibit B. The following report contains details of the investigation and findings, as well as a summary of conclusions drawn therein.

PART II. INVESTIGATION AND FINDINGS A. Initial Response by the Borough

Sometime between 10101/2010 and 10107/2010, the Borough contacted the Hackensack based law firm of Nowell Amoroso Klein Bierman ("Nowell Amoroso"), which had represented the Borough during the years in question, in an attempt to obtain documents related to the alleged contamination. At the request and direction of the Governing Body, Borough Attorney Gregg F. Paster ("Attorney Paster") of Gregg F. Paster & Associates, and staff, conducted an initial review of the approximately 500 hundred pages of documents obtained from Nowell Amoroso. Attorney Paster

summarized the contents of the Nowell Amoroso records in a chronological timeline fashion and shared that timeline of events with Borough representatives at a special meeting held on 10/18/2010, the purpose of which was to discuss the correspondence from the NJDEP and the nature of the contamination. Upon reviewing and discussing the NJDEP letter and the timeline developed from the Nowell Amoroso documents, it became clear to Borough representatives that the Borough was facing a serious problem of chronic environmental contamination which was largely due to serious mismanagement of remediation efforts by the previous Borough administration. The records obtained from Nowell Amoroso indicated, at best, serious historical inaction by the previous Borough administration. At worst, the issue was consciously ignored without regard to potential consequences. Further consensus among Borough representatives was that a proper reconstruction of the relevant documents should be created by obtaining documents from the NJDEP. Accordingly, Attorney Paster made an OPRA request for NJDEP

documents. The files were so voluminous that it was decided that a site visit would be
3

the most appropriate way to review the documents, so on or about 12/10/2010, Meghan
V. Tomlinson ("Attorney Tomlinson"), then of counsel to Gregg F. Paster & Associates,

visited NJDEP file headquarters in Trenton, NJ to conduct a file review the NJDEP file(s) for the Dumont DPW contamination. At that time Attorney Tomlinson tagged approximately 700 hundred pages of documents for copying to complete the Borough's file. The record constructed as per the NJDEP files and the Nowell Amoroso documents is summarized in Section B. Attached hereto as Exhibit C is a timeline of those documents generated by Gregg F. Paster & Associates.

B.

Summary of documents from Nowell Amoroso and NJDEP

Formal remediation efforts began in 1990, when the Borough retained EEC Environmental Inc. ("EEC") to investigate the state of contamination at the DPW grounds. See 10/15/1990 letter attached hereto as Exhibit D. The Borough's primary focus at that time was the abandoned 1,OOO-galion gasoline UST which had been discovered leaking some five (5) months earlier. In the course of its investigation, EEC

developed an initial schedule of activities for compliance purposes, which included installation of several monitoring wells at the Aladdin Park site. However, by 02/1991, EEC determined that, according to the monitoring well samples, the downgradient of the abandoned 1,OOO-galion gasoline UST was clean and therefore the investigation should focus on the leaking 4,000-galion gasoline UST that had been removed in 04/1987. See 02/26/1991 NJDEP report of phone call, attached hereto as Exhibit E. According to the 09/29/2010 NJDEP letter, EEC conducted supplemental investigations which allowed it to identify five (5) additional areas of concern at the DPW
4

grounds, as follows: a former gasoline UST and releases of waste oil and residuals from home heating oil tanks northeast of the DPW facility; a second gasoline UST and storm sewer line north of the DPW facility; reports of historic releases of waste oil east of the DPW facility; an active waste oil tank and possible surface discharges of gasoline south of the DPW facility; and a former. waste water treatment plant on an adjacent property. In 04/1991, EEC sent a letter to the NJDEP confirming an oral understanding that had been reached between representatives of EEC and the NJDEP, that the Borough's Discharge Investigation Corrective Action Report ("DICAR"), which was required by the NJDEP as part of the remediation activities, would be delayed because additional investigation was required with regard to the leaking 4,000-galion gasoline UST. See 04/09/1991 letter from EEC, attached hereto as Exhibit F. Refocusing its investigation, the Borough requested and the NJDEP granted, by letters of 06/26/1991, 07/03/1991, and 07/17/1991, a 90-day extension of time to submit its final report. By letter of 10/03/1991, the NJDEP transferred the case to the Division of Responsible Party Site Remediation, and on 11/19/1991 the Division of Responsible Site Remediation advised the Borough that it was to immediately initiate free product recovery. See 11/19/1991 letter from NJDEP, attached hereto as Exhibit G. In turn

EEC developed a free product recovery plan which involved training DPW employees how to hand bail the free product into drums for offsite disposal. See 12/02/1991 letter from EEC, attached hereto as Exhibit H. By 01/1992, EEC had submitted a DICAR Summary to the NJDEP on the Borough's behalf by letter dated 01/17/1992. Little documented record of activity exists

between then and 10/30/1992, when the NJDEP sent correspondence of even date to former counsel to the Borough Joseph A. Ferriero, Esq. ("Attorney Ferriero"), former Borough Administrator Marvin Katz ("former Administrator Katz") and former DPW Superintendent John Cook ("former Superintendent Cook"), advising that the NJDEP was concerned about several environmental issues at the DPW site and the Aladdin Park. The NJDEP broke down its concerns into UST-related concerns and non-USTrelated concerns, and ordered the Borough to do the following:

As to non-UST-related issues:
o

Determine the source of contamination affecting nearly all soil borings provided to date; Provide information regarding the September 1990 chemical fire that was extinguished on the DPW grounds; Determine the source of ground water gasoline contamination, as same could not be traced to a UST source; and Examine historical records to determine whether: (a) other unknown USTs might still exist at the DPW site or the Aladdin Park site; (b) other floor drains other than the ones noted and connected to the active 250 gallon waste oil UST ever existed at the sites; and (c) any dry wells exist or ever existed at the two sites.

As to UST-related concerns:
o o

Conduct soil sampling to ensure that no soil contamination existed; Sample ground water monitoring wells for various volatile organics, base/neutral organics, and lead, Continue to delineate ground water contamination; and Depict all monitoring wells on a scaled map, plot the results of the well search, and provide information with regard to the results of the well search.

o o

See 10/30/1992 letter from NJDEP, attached hereto as Exhibit I.

6

Finally, the NJDEP stated that the Borough had 90 days to submit to the NJDEP a Remedial Action Workplan ("RAW"), and that the Aladdin Park site and the DPW site were to be registered separately from one another. Id. EEC replied to the NJDEP on the Borough's behalf by letter dated 02/04/1993, explaining that the conditions at the site were complex and that the remedial investigation was being conducted in a phased manner. At that time, EEC submitted a

revised schedule of supplemental investigation activities that would provide the Borough and EEC more time to investigate the entirety of the contamination at the two sites. The NJDEP granted the extension sought by EEC by letter dated 02/19/1993, which gave the Borough until 07/06/1993 to submit sample results and a RAW. By OS/26/1993, EEC had been renamed Harding Lawson Associates ("HLA"), and HLA had determined that it required yet another extension of time to submit the RAW due to the fact that the Borough needed to obtain an access agreement for installation of an off-site well. HLA and the NJDEP agreed, as set forth in a letter

dated 5/26/1993, that a revised outline of activities would be submitted to the NJDEP once the access agreement was obtained. Meanwhile, during the summer of 1993, Borough engineering firm Boswell McClave ("Boswell") represented the Borough in a UST closure plan. That plan

involved contracting one outside company (Castle Excavating) to remove a 275-gallon waste oil tank, a 2000-gallon diesel tank, and a 3000-gallon unleaded gasoline tank, as well as contracting another company (Metro-Tank, Inc.) to install a 500-gallon waste oil tank and a dual compartment 5,000-galion diesel and unleaded gasoline tank. Administrative and statutory requirements such as applications, approvals, and requests

for bids carried the removal portion of the project into 01/1994. The installation portion began in 02/1994, as mentioned in a letter dated 02/15/1994, however a letter of 03/30/1994 to the Borough from installation contractor Metro-Tank reveals the fact that installation procedures were repeatedly delayed due to the Borough's indecision as to possible modification of the UST system being installed. The record as it related to NJDEP remediation requirements did not pick back up until 08/1994, when Mary Anne Kuserk, NJDEP BUST Section Chief ("Section Chief Kuserk") wrote a letter dated 08/19/1994 to former Administrator Katz, former Superintendent Cook, and former Borough Attorney John Dudas ("Attorney Dudas") to remind the Borough that it was necessary to address the contamination at the DPW site and the Aladdin Park site as two separate NJDEP cases. The NJDEP further advised

the Borough in that letter that certain contamination at the DPW site from an unknown source required supervision by the Bureau of Field Operations ("BFO"), thus a Memorandum of Agreement ("MOA") was required for that component of the contamination. The Bureau of Underground Storage Tanks ("BUST") would continue to monitor the discharge from the USTs, however if the Borough desired to have one case manager for both the UST issues and the unknown source contamination, then it was to indicate so to the BFO using the MOA. Shortly thereafter, Attorney Ferriero wrote to the NJDEP on 08/25/1994 to indicate the Borough's desire to designate the two areas into one case number. Attorney Ferriero asked that the NJDEP contact him to discuss the matter in greater detail, however according to a letter of 10107/1994 from Section Chief Kuserk to Attorney Ferriero, reciprocal attempts to make contact by the phone were unsuccessful.

Section Chief Kuserk then went on to document the reasons why the NJDEP thought it would be beneficial to separate the two sites into two cases. In the meantime, on 10104/1994, Lee Hendricks, NJDEP BUST Unit Supervisor ("Unit Supervisor Hendricks") wrote to former Administrator Katz, former Superintendent Cook and Attorney Dudas, warning them that the Borough had not submitted the required RAW, despite receiving an extension of time to submit the same. Within that

letter, the Borough was instructed to, within 10 days, either submit a RAW or indicate to BUST that the Borough would enter into an MOA with the BFO for all concerns, both UST and non-UST related. Failure to respond within time, the NJDEP warned, could result in the case being referred to the Bureau of Applicability and Compliance ("BAC") for review and enforcement action. The record does not reveal a response within the requisite 10 days, however Gregory Albright, Senior Geologist of HLA ("Geologist Albright"), wrote to the NJDEP on 10/21/1994 with a schedule of tasks that the Borough had authorized HLA to perform, the task's status, and scheduled completion date. Geologist Albright then requested by letter dated 10/21/1994 that the Borough be permitted to have until 12/16/1994 to submit the required report. The NJDEP approved the Borough's request by letter dated 10/27/1994. It appears that the 12/16/1994 date came and went, as the next correspondence to come from the Borough with regard to the RAW report occurred on 01104/1995, when Geologist Albright wrote to the NJDEP to indicate that the reports were being sent to the Borough for review and would be submitted to the NJDEP on 01118/1995. In due

course, on 01/18/1995, Geologist Albright submitted to the NJDEP four (4) volumes of

supplemental remedial investigation reports and proposed what purported to be a remedial action for the DPW site and Aladdin Park site. The NJDEP responded to the Borough's submissions approximately five (5) months later. On 06/12/1995, Unit Supervisor Hendricks wrote to the Borough with

regard to the Aladdin Park site, indicating that the document could not be approved as a RAW but was conditionally approved as a remedial investigation workplan ("RIW"). Unit Supervisor Hendricks outlined remaining deficiencies as follows:

Soils:
o

Soil sampling required in the area where the 1,OOO-gal UST was removed and soil excavated; Borough to submit a scaled site diagram indicating where the locations of the borings and other pertinent information; Backfill documentation required certifying that the material used as backfill is free of contaminants and meets statutory requirements

Ground Water:
o

Required to submit a scaled site diagram indicating exact location and outline of the former UST and its components relative to the monitoring wells Additional ground water monitoring wells required to fully delineate the extent of ground water contamination Monitoring wells to be sampled semi-annually and certain documentation required to be submitted for each sampling event Classification Exception Area ("CEA") to be established at the time of the RAW

Receptor Evaluation
o

Identify possible interconnection of ground water to the subsurface sanitary sewer and natural gas lines located along Aladdin Avenue Determine whether basements are present along the portion of the northern side of Armour Place, between Aladdin Avenue and Hirshfeld Brook

Quality Assurance: various standards to be followed

10

Other
o

All work related to tank service must be conducted by or supervised by a certified individual Required to notify the assigned BUST implementation of field activities case manager prior to

Required to submit an Effectiveness Analysis and Certification

Administrative Requirements
o

Required to submit a revised RAW within 90 days. Revised RAW to detail all activities conducted to comply with the above requirements and present a comprehensive remedial proposal for all soil and ground water contamination

See 06/12/1995 letter, attached hereto as Exhibit J. Unit Supervisor Hendricks then wrote to the Borough a week later on 06/20/1995 with regard to the DPW site, with a similar response: the document, as it related to the former UST, could not be approved as a RAW but it could be conditionally approved as a RIW. Unit Supervisor Hendricks outlined remaining deficiencies as follows:

Soils
o

Required to sample and analyze excavation where 3,000-galion gasoline UST was removed Required to delineate, sample and analyze excavation area where 4,000gallon gasoline UST, 2,000-galion diesel UST, and 250-gallon waste oil UST were removed Required to sample and delineate extent of contamination where 275gallon waste oil UST was removed and analyze same Required to submit scaled site diagrams with regard to the three areas of concern Required to certify that the backfill material is free of contaminants and advise as to the status of the excavated soils

Ground Water
o

Required to install additional monitoring wells for investigation purposes

11

o o

Required to delineate ground water contamination Required to conduct sampling, including that of monitoring wells and recovery wells, until the ground water RAW is approved Required to submit scaled maps and tables to present information as to each sampling event Required to submit a revised ground water RAW once delineation wells have been installed and sampled

Receptor Evaluation
o

Required to canvass the neighborhood to locate nearby wells, sample and analyze same Evaluate possible interconnection of ground water to subsurface utilities Canvass immediate area to determine presence of gasoline vapors in nearby basements and subsurface utilities Inspect storm sewer and Hirshfield Brook semi-annually

o o

Quality Assurance: various standards to be followed Other

o

All work related to tank service must be conducted by or supervised by a certified individual Required to notify the assigned BUST implementation of field activities case manager prior to

Required to submit an Effectiveness Analysis and Certification

Administrative Requirements
o

Required to submit a revised RAW within 90 days. Revised RAW to detail all activities conducted to comply with the above requirements and present a comprehensive remedial proposal for all soil and ground water contamination

See 06/20/1995 letter, attached hereto as Exhibit K. In both letters, Unit Supervisor Hendricks explained that the non-UST portions of the report would have to be forwarded to another group within the NJDEP that had the

12

statutory authority to handle non-UST issues, and that the Borough would be required to enter into an MOA in order to have one department oversee both the UST issues and the non-UST issues. On 08/09/1995, HLA submitted to the Borough, pursuant to a request by Attorney Ferriero, a work proposal to respond to the NJDEP's concerns as laid out in the 06/12/1995 and 06/20/1995 letters. HLA proposed two costs to the Borough to

represent two different scenarios, one at $112,645 ($80,507 for DPW site and $32,138 for Aladdin Park site) and the other at $86,278 ($65,690 for DPW site and $20,588 for Aladdin Park site). Apparently the Borough never responded to HLA's proposals. Indeed, two

months later, on 10/03/1995 (and beyond the time the RAW was due to the NJDEP), HLA wrote to the Borough inquiring as to the status of the Borough's review of the proposal. At that point, HLA also advised the Borough that it was owed a total of

$27,605.72 for work it had already done for the Borough. Again, the record does not reveal any formal written response from the Borough with regard to HLA's proposal or to the past due invoices. In 1996 the Borough appointed two new attorneys: Joseph Pojanowski

("Attorney Pojanowski") became Borough attorney, while Henry Amoroso ("Attorney Amoroso") of Nowell Amoroso became Borough litigation attorney, taking over the Dumont leaking fuel tank matter from Attorney Ferriero. On 01/31/1996, Attorney Pojanowski wrote to then Dumont Mayor Winant ("former Mayor Winant") confirming a meeting scheduled for 02/12/1996 to discuss the

13

status of the DPW site. The record does not reveal what came of that meeting or if it indeed occurred. In 02/1996, approximately eight (8) months after the NJDEP deficiency letters of 06/1995, the Borough apparently resolved to authorize HLA to prepare the necessary documentation for the NJDEP to consolidate the review work for this matter with one case manager. Despite the resolution to authorize HLA work, the record contains a letter of 03/14/1996 from David Terry, Associate at Leggette, Brashears & Graham, Inc. ("LBG"), a professional ground-water and environmental services firm, to former Mayor Winant, stating that it was a pleasure meeting with him and Councilman [Michael] Licameli ("former COljncilman Licameli") the previous week to discuss environmental issues related to the gasoline discharge at the DPW. Apparently former Mayor Winant and

former Councilman Licameli requested that David Terry ("Associate Terry") prepare a proposed scope of work for the Borough, as Associate Terry went on to describe his site visit findings and a proposed scope of work. Associate Terry also criticized the work previously done for the Borough and implied that LBG could negotiate with the NJDEP in order to alleviate the Borough's burden with regard to remediation requirements. HLA was likely unaware of this private meeting between Associate Terry and former Mayor Winant and former Councilman Licameli. In accordance with the

resolution of the governing body, HLA drafted MOAs for the Borough and submitted same to the Borough under cover of letter dated 04/01/1996, indicating that certain input was required from the Borough in order to complete the MOAs for submission to the NJDEP.

14

Meanwhile, the Borough continued to engage lBG. A letter of 04/12/1996 from Attorney Amoroso to Associate Terry confirms a future meeting on 05/01/1996 between Attorney Amoroso, Associate Terry, former Mayor Winant, former Councilman Licameli, and William Delorenzo ("Attorney Delorenzo") of Nowell Amoroso. According to a

letter of 05/03/1996, the meeting indeed occurred and Associate Terry documented the discussions held therein. According to Associate Terry's letter, the agreements made

at the meeting were as follows:

Nowell Amoroso would prepare an MOA application and send it to lBG for review; Nowell Amoroso would then submit the MOA to the NJDEP lBG would begin preparing a summary document for submission to the new NJDEP case manager which would attempt to address as many of the outstanding NJDEP concerns as possible lBG would also provide Dumont with a map of the area in which door-to-door well canvassing must be completed; Dumont personnel would complete the survey and return to lBG for incorporation into the summary document. On 05/06/1996, Attorney Delorenzo received from the NJDEP a statement of

procedures for requesting financial assistance from Hazardous Discharge Site Remediation Fund. Presumably, this was a follow-up from the information provided by lBG suggesting that certain funding may be available to the Borough. Apparently, Nowell Amoroso used the draft MOA previously prepared by HLA, as Attorney Delorenzo of Nowell Amoroso sent same to Associate Terry under letter dated 05/08/1996. On 05/09/1996, Attorney Pojanowski wrote to HLA regarding an invoice of 04/19/1996. In this letter Attorney Pojanowski told HLA that the Borough had retained another engineering consulting firm, and that based upon the new firm's review of the file, it has been determined that HLA did not perform in an acceptably professional
15

manner concerning the DPW site cleanup.

Attorney Pojanowski asserted that the

Borough would not be paying the submitted bill in the amount of $1,103.07. Attorney Pojanowski went on to state that the Borough discovered that sources of funding may have been available to the Borough from the State of New Jersey or the Federal Government to pay for HLA's work and the ultimate cleanup, and that HLA should have made a diligent inquiry into possible liability of the United States Army for the contamination at the DPW grounds. Attorney Pojanowski concluded that HLA would

be further advised "as the Borough receives a more formal report". The NJDEP file contained a memo referring to a phone call on 05/20/1996 between Unit Supervisor Hendricks and former Mayor Winant in which Unit Supervisor Hendricks advised former Mayor Winant that an MOA must be executed if the Borough wished to have one case manager. According to the memo, former Mayor Winant

indicated that indeed the Borough would pursue the option of one case manager. On 05/28/1996, Attorney Delorenzo wrote to former Mayor Winant, providing him with the Hazardous Discharge Site Remediation Fund procedures he had obtained from the NJDEP. Attorney Delorenzo instructed former Mayor Winant to review the procedures and contact him to complete the application. Former Councilman Licameli was carbon copied on this letter. On 06/10/1996, Associate Terry wrote to former Mayor Winant and Attorney Delorenzo indicating that the MOA as prepared was deficient because it continued to separate the properties into two sites. were required. Associate Terry outlined specific changes that

16

Though the Borough began working with lBG, HLA was still demanding payment for its services rendered. HLA responded to Attorney Pojanowski's 05/09/1996 letter on 06/18/1996, refuting the Borough's claims that it failed to act in the Borough's best interest. HLA cited the fact that the Borough had never before criticized HLA's work until HLA pressed for payment of past due invoices, and reminded the Borough that all work was performed pursuant to proper authorization from the Borough. As to the

Borough's claims regarding HLA's failure to advise the Borough of possible cleanup funding sources, HLA stated that, despite the fact that it is ordinarily legal counsel's responsibility to advise as to statutory funding sources, the Borough was probably ineligible for funding by the New Jersey Spill Compensation Fund and also it was Attorney Ferriero who had assumed the responsibility of investigating funding from the Hazardous Discharge Site Remediation Fund. Further, HLA advised, it was not aware of possible US Army presence until a council member mentioned it at a council meeting on 11/21/1995, at which point HLA advised that it would not look into the matter until past due charges approaching 1-year overdue were paid. Noted parenthetically in the letter was that during the 11/21/1995 meeting that "the [M]ayor assured HLA that a resolution would be passed at the Januuary [sic] 1996 council meeting that would fund payment of these past-due charges." Finally, HLA attached invoices for past due bills, which amounted to $37,812.74, including interest. Attached hereto as Exhibit l is a copy of the HLA 06/18/1996 letter. Apparently the January, 1996 resolution authorizing payment of the HLA bills was not adopted, and still lacking a concrete reason for the Borough's refusal to pay the HLA bills, Attorney Pojanowski wrote to Attorney Delorenzo on 09/18/1996 requesting

17

specific reasons why the Borough would not be paying the bill. Apparently Attorney Pojanowski's request went unanswered, as he wrote again to Attorney Delorenzo on 10/16/1996 requesting the same information and enclosing a letter from HLA general counsel in which HLA stated that it may be forced to file suit if it did not hear from the Borough by 10/25/1996. In the meantime Associate Terry wrote to Attorney Delorenzo regarding the MOA by letter dated 10/11/1996. Associate Terry suggested two (2) minor changes, which Attorney Delorenzo apparently made prior to submitting revised drafts of the MOA to former Mayor Winant and former Councilman Licameli on 11/12/1996 for their review. On the same day Attorney Delorenzo wrote to former Mayor Winant regarding Attorney Delorenzo's letter of OS/28/1996, suggesting yet again that the Borough complete the financial assistance package so that it could be processed with the MOA application. By 12/24/1996 correspondence, a final draft of the MOA was sent to former Mayor Winant for his signature, along with a third message to have someone from the Borough contact Attorney Delorenzo to begin the financial assistance process with the State. The MOA was executed by former Mayor Winant on behalf of the Borough,

apparently on that day. On the same day, Attorney Delorenzo wrote to Associate Terry requesting advice as to HLA's bill, in accordance with Attorney Pojanowski's request. By 01/08/1997, the MOA had been executed by both the NJDEP and former Mayor Winant on behalf of the Borough. Attached hereto as Exhibit M is the 01/08/1997 MOA. The MOA required the Borough to submit the following:

Preliminary Assessment Report

18

Site Investigation Report Remedial Investigation Workplan Remedial Investigation Report Remedial Action Workplan Remedial Action Report According to a letter of 01/21/1997 from the NJDEP, the Borough was to submit

a schedule of implementation of the above activities andlor phases by 02108/1997. As that deadline approached, on 113011997 the NJDEP wrote to Attorney Delorenzo requesting contact by 02/15/1997. It is unclear whether that contact was ever established, however it does not appear that the Borough submitted any documents by the MOA deadline of 02/08/1997. On 02/12/1997 Attorney Delorenzo wrote to

Associate Terry requesting that Associate Terry contact him to discuss the status of the submission. Attorney Pojanowski, former Mayor Winant, and former Councilman

Licameli were copied on that letter. Astonishingly, the record is completely barren until 11/17/1997, when Attorney Delorenzo wrote to the NJDEP MOA Case Manager Harry Wertz ("Case Manager Wertz") requesting a meeting. Apparently a meeting occurred, as Associate Terry issued a letter some weeks later dated 12/12/1997 to former Mayor Winant and Attorney Delorenzo summarizing agreements reached at a meeting with Case Manager Wertz. According to Associate Terry's letter, at that point in time there were three (3) areas of concern ("AOC"); (1) contaminated soils were present across the entire DPW and were likely due to fill materials, not USTs; (2) the presence of a dissolved gasoline contaminant plume in the ground water at Aladdin Park, resulting from UST leaks; and (3) the presence of free-phase gasoline and a dissolved gasoline contaminant plume in the ground water at the DPW yard, resulting from UST leaks.
19

Associate Terry then laid out a scope of work for the Borough in order to obtain closure as to those AOCs, in accordance with the steps outlined by Case Manager Wertz. Associate Terry estimated lBG's services to cost $12,500 and the work to be completed in increments of 45 days, 30 days, and 45 days. The record does not reveal any sort of response from the Borough. Indeed, on 01/13/1998 Case Manager Wertz wrote to Attorney Delorenzo stating that he was looking forward to receiving the Borough's progress report, which he stated Associate Terry had discussed at the 12/11/1997 meeting. Following that letter from the NJDEP, the record again goes dry until 06/1998, when Attorney Delorenzo submitted to Jack Eckel, a long-time Borough employee who held positions such as Chief of Staff, Acting Borough Clerk and Borough Administrator, then serving as Administrative Chief of Staff ("former Chief of Staff Eckel"), under cover of 06/24/1998, an application for a GranUloan Program from the NJDEP's Hazardous Discharge Site Remediation Fund. This marked Attorney Delorenzo's fourth attempt over a two (2) year period to bring the funding issue to the Borough's attention. The record lacks any response from the Borough. Also on 06/24/1998, Attorney Delorenzo wrote to Associate Terry, requesting an update as to whether certain information had been forwarded to NJDEP. The record

lacks any response from Associate Terry. Almost four (4) months later, on 10/13/1998, Attorney Delorenzo wrote to Associate Terry again, requesting an update as to the status of the environmental report. On the same day, Attorney Delorenzo wrote to

former Chief of Staff Eckel requesting an update as to the status of the financial aid application.

20

By November of 1998, Associate Terry sent to former Mayor Winant two (2) copies of the RAW lBG had prepared for submission to the NJDEP under cover of 11/10/1998. Associate Terry instructed former Mayor Winant that the Borough needed to complete a certification form and submit same with the RAW to the NJDEP. On

11/24/1998, pursuant to Dumont Resolution No. 98-0201, former Mayor Winant signed a Responsible Party Certification in accordance with N.JAC. 7:26C-1.2(b) which read as follows: "I certify under penalty of law that I have personally examined and am familiar with the information submitted herein and all attached documents, and that based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate and complete. I am aware that there are significant civil penalties for knowingly submitting false, inaccurate or incomplete information and that I am committing a crime of the fourth degree if I make a written false statement which I do not believe to be true. I am also aware that if I knowingly direct or authorize the violation of any statute, I am personally liable for the penalties." See attached hereto as Exhibit M a copy of Resolution 98-201 and the signed certification. It is understood that the RAW was then submitted with former Mayor Winant's certification, as Case Manager Wertz wrote to Attorney Delorenzo some nine (9) months later, on 08/06/1999, stating that he had received the RAW. Case Manager Wertz advised Attorney Delorenzo that the RAW did not address certain NJDEP concerns, thus a revised RAW and an update regarding the status of additional investigations was required. Associate Terry was copied on that letter and, according to a 10/27/1999 letter from Attorney Delorenzo to Associate Terry, Attorney Delorenzo had reviewed that letter with Associate Terry and discussed with him the need for lBG to complete additional work upon receipt of an authorization from the Borough.
21

Associate Terry responded to Attorney Delorenzo shortly thereafter by letter of 11/11/1999.

Associate Terry's response is summarized as follows:

lBG's RIW included the implementation of a natural attenuation remedy to address fuel-related soil and ground-water contamination. The NJDEP responded by letter of 08/06/99 that additional information would be required before the NJDEP could accept that approach. lBG then laid out a proposed scope of work for the Borough to address the NJDEP concerns. The proposed scope of work included ground-water monitoring, soil sampling, and a Remedial Investigation Report/RAW Addendum lBG's scope of work was estimated to cost $17,500, and lBG could begin the work immediately upon authorization from the Borough Yet again, the record went dry until 08/23/2000, when the NJDEP terminated the

MOA by letter to Attorney Delorenzo. Within the termination letter, the NJDEP stated that it had not received any response to its 08/06/1999 deficiency letter and that the site would be placed on the NJDEP Comprehensive Site List. Nearly four (4) months later, by letter dated 12/07/2000, Attorney Delorenzo wrote to Associate Terry regarding Associate Terry's proposed scope of work and the fact that the MOA had been terminated for failure to respond to the NJDEP deficiency letter. Associate Terry

responded on 12/18/2000, copying former Chief of Staff Eckel on same, and stating that lBG was prepared complete the work described in its 11/1999 proposal at the same costs if authorized to do so by the Borough. Another four (4) months later, on

04/09/2001, Attorney Delorenzo forwarded Associate Terry's letter to former Chief of Staff Eckel, reminding him that the NJDEP had withdrawn the MOA and that lBG was prepared to do the work required to complete the MOA, if the NJDEP were to reopen it. Attorney Delorenzo requested from former Chief of Staff Eckel some sort of confirmation as to whether the Borough wished to proceed with the MOA or not. Without response, Attorney Delorenzo wrote to former Chief of Staff Eckel nine (9)
22

months later, on 01/09/2002, again requesting advice as to whether the Borough intended to pursue the cleanup matter. This letter marked the last of any

documentation the Borough recovered with regard to the DPW area contamination. Needless to say, no documentation that would suggest the cleanup proceeded any further than the November 24, 1998 resolution and certification by former Mayor Winant appears in either the NJDEP or the Nowell Amoroso files.

C.

2010-2011 depositions

In addition to the documents the Borough was able to review for the purpose of this investigation, the Borough sought to obtain testimony from various individuals with regard to their recollection of the history of contamination at the DPW. In the interest of time and efficiency, the Borough Attorney's office was authorized to take testimony from parties thought to have relevant knowledge of the events surrounding the remediation process.

i.

December 2010 depositions of DPW workers

The Borough, through the office of the Borough Attorney, initially issued subpoenas to four (4) current DPW workers, all of whom have been working for the Dumont DPW since the 1970s and 1980s. On or about 12/14/2010, Attorney Tomlinson deposed the following individuals: William Ebenhack ("Mr. Ebenhack"), currently

serving as Superintendent of Public Works, began working for the DPW in 1979 as a truck driver/laborer; John Molinaro ("Mr. Molinaro"), currently serving as a road foreman, began working for the DPW in 1979 as a truck driver/laborer; Timothy Baierwalter ("Mr. Baierwalter"), currently serving as a foreman, began working for the DPW in 1986 as a
23

truck

driver/laborer;

and

Brian

Dew

("Mr.

Dew"),

currently

serving

as

sweeper/operator, began working for the DPW in 1985 or 1986 as a laborer. These depositions took place at Borough Hall, individually and consecutively, so as to protect the integrity and confidentiality of the investigation, and all of the deponents chose to appear without counsel. See Ebenhack Dep., Molinaro Dep., Baierwalter Dep., Dew Dep. Mr. Ebenhack recalled a fuel spill at the DPW sometime during 1990. Ebenhack Dep., 9:5-25. As to remediation efforts, Mr. Ebenhack recalled that a UST had been removed and that an outside company began coming to the DPW to monitor wells that had been installed. kL. at 11:7-13, 12: 12-20. Mr. Ebenhack was not sure why, but at some point that company stopped coming and he was tasked with the job of monitoring the wells, along with Mr. Dew and an individual by the name of Anthony Pierro, who it was later determined was employed by the DPW for several decades and ultimately served as a foreman of the DPW. kL. at 12:18-14:7. Mr. Ebenhack indicated that the monitoring involved removing certain contents from the wells and depositing those contents into metal barrels. kL. at 12:17-18. According to Mr. Ebenhack, the monitoring activities ceased once the barrels became full and the DPW supervisors were unable to obtain further direction as to how to proceed. kL. at 14:8-23, 15:5-14, 15:21-25, 16:1717:4, 18:7-15. Mr. Ebenhack went on to state that, years later, sometime during the early 2000s, DPW workers discovered that the bottoms of the metal drums had rotted out and the contents leaked back into the ground. kL. at 16:13-16, 18:25-19:20. Mr. Ebenhack stated that Mr. Baierwalter had then been tasked with disposing of the empty barrels. Ibid.

24

Mr. Molinaro essentially corroborated Mr. Ebenhack's testimony. Mr. Molinaro recalled an outside company appearing at the DPW grounds to monitor wells in the premises, and recalled the discovery of the rotted-out drums sometime in the early 2000s. Molinaro Dep. at 20:1-21:4, 21:14-24. Mr. Molinaro stated that he informed

former DPW Superintendent John Cook ("former Superintendent Cook") of the rotted out barrels and that he was unsure of whether former Superintendent Cook relayed the information to anyone, but that former Superintendent Cook's supervisors were, the members of the Borough Administration, particularly Mr. Eckel. & at 21:5-13, 22:1523:4, 24:4-18, 26:5-16. Mr. Molinaro also confirmed that Mr. Baierwalter was the

individual tasked with crushing the rotted-out, empty drums and putting them into a truck for removal from the DPW grounds. .!.Q., at 25:2-8. Mr. Molinaro reported that former Superintendent Cook ordered Mr. Baierwalter to do so pursuant to an order from Borough Hall. & at 25:9-11, 26:14-20. Mr. Baierwalter's memory was lacking, but he also recalled the installation and monitoring of wells at the DPW. Baierwalter Dep. at 12:11-13:11. Significantly, Mr.

Baierwalter confirmed that he was ordered by former Superintendent Cook to crush and remove the rotted-out barrels. Id. at 14:10-19, 15:2-20. Mr. Baierwalter stated that

former Superintendent Cook issued the order pursuant to instruction from Borough Hall.

& at 15:12-15.
The final DPW worker deposed was Mr. Dew, who stated that he ordinarily keeps to himself and therefore did not know a lot of information regarding the contamination at the DPW. Mr. Dew did, however, state that former Superintendent Cook had asked him to monitor the wells at the DPW for some period of time. Dew Dep. at 11:2-25.

25

ii.

January - February 2011 depositions of former Councilmen and former DPW Superintendent John Cook

On or about 12/16/2010, the Borough subpoenaed former Dumont Council people, as well as former Superintendent Cook, former Chief of Staff Eckel, and former Mayor Winant, in an effort to ascertain what was known by those who were tasked with governing and administering Dumont. subpoenas: The following individuals were issued

Edwin Orr; Scott Manno; John Cook; Michael Licameli; Donald Winant;

George DiConstanza; John Eckel; Gary Hemmer; Robert McQuade; Lisa Boyd; Kevin Gynegrowski; Eric Abrahamsen; and Charles Grillo. On 12/30/2010, Attorney Paster received correspondence from Robert L. Galantucci ("Attorney Galantucci"), of Galantucci & Patuto, which is a Hackensackbased law firm that specializes in criminal defense. Attorney Galantucci wrote on behalf of former Councilman Licameli, requesting a copy of the Dumont resolution relevant to the subpoena as well as payment of counsel fees for Mr. Licameli. Upon receipt of

Resolution #2010-285, Attorney Galantucci again wrote to Attorney Paster, arguing that the council did not have the requisite power to subpoena Mr. Licameli for its stated purpose. Approximately two (2) weeks later Attorney Galantucci wrote Attorney Paster to indicate that he had also been consulted by former Mayor Winant with regard to the subpoena, and that he had advised former Mayor Winant that was under no obligation to respond to the subpoena. Former Mayor Winant and former Councilman Licameli did not appear in response to the subpoenas. In addition, former Chief of Staff Eckel failed to appear in response to the subpoena, and former Councilwoman Boyd objected to appearing
26

during regular business hours due to her inability to get time off from work. As to Ms. Boyd, the Borough ultimately concluded that, based upon the record before it, it was unlikely that Ms. Boyd would be able to provide any useful information as her time on the council was limited to a four (4) month period during 2004. Accordingly, the

Borough concluded that its resources would not be well spent on obtaining former Councilwoman Boyd's testimony and she was excused from responding. In the meantime, between 01/2011 and 02/2011, all of the other reCipients of the subpoenas appeared without objection to provide testimony with regard to the DPW contamination. For the most part, the deponents' knowledge of contamination was limited to what was read in recent media reports and what was learned outside of the council (for example, former Councilmen Gynegrowski and Manno knew of the existence of the monitoring wells because of their involvement with the local Knights of Columbus, which was adjacent to the DPW). Gynegrowski Dep. at 10:9-22, Manno Dep. at 5:20-6: 1, 8:25-9:3. Former Councilman Gynegrowski, who served from 1993-2004, recalled only one discussion of DPW contamination during his tenure. Gynegrowski Dep. at 8:6-16. Former Councilman Orr, who served from approximately 1980-2004, recalled

contamination discussions during open and closed council sessions, however he did not state what years those conversations took place nor did he recall any specifics regarding the conversations. Orr. Dep. at 14:18-25. Indeed, it appears from their

testimony as though the Councilmen were almost entirely in the dark with regard to the contamination goings-on at the DPW and Aladdin Park. Nevertheless, the general

27

consensus among the former Councilmen was that the council should have been made aware of the contamination. Former Superintendent Cook was certainly aware of the state of contamination. According to former Superintendent Cook, who served in that position from the late 1980s through 2006, former Chief of Staff Eckel specifically asked Mr. Cook to find a DPW worker to monitor the wells that had been installed. Cook Dep. at 12:12-14:5. To that end, Mr. Cook stated that Mr. Dew had a private meeting with former Chief of Staff Eckel wherein Mr. Eckel instructed Mr. Dew how to monitor the wells. Ibid. What Mr. Eckel's expertise, background and/or training in the area of environmental engineering is and how he was qualified to give those instructions remains unclear. Mr. Cook also stated that he reported the discovery of the rotted out barrels in his written monthly report to the Mayor and Council, and that the Mayor and Council then arranged for someone to remove the barrels from the DPW grounds. .!fl at 15:15-16:23. Mr. Cook's statements concerning the removal of the rotted out barrels are in slight contrast to the information provided by current DPW workers, thus it is unclear what actually occurred with regard to the rotted out barrels.
iii. April 2011 creation of DPW Investigatory Committee; October 2011 deposition of former Chief of Staff Jack Eckel; unsuccessful attempts to obtain testimony from former Mayor Donald W inant and former Councilman Michael Licameli

In an effort to further the investigation and obtain the testimony of former Mayor Winant, former Councilman Licameli, and former Chief of Staff Eckel, all of whom were obviously involved in the remediation efforts as evidenced by the correspondence and other documents obtained from Nowell Amoroso and the NJDEP, the Borough established an ad-hoc investigatory committee.
28

The investigatory committee then

issued subpoenas to Messrs. Winant, Licameli, and Eckel for appearance in 09/2011. Attorney Galantucci contacted Attorney Paster prior to the appearance date to indicate that same conflicted with his schedule, and Attorney Paster agreed to reschedule the depositions of former Mayor Winant and former Councilman Licameli in an effort to accommodate Attorney Galantucci. In order to conserve resources, it was decided at that time to reschedule the deposition of former Chief of Staff Eckel to a time when all depositions could be obtained. Accordingly, Attorney Paster wrote to Attorney

Galantucci offering three (3) separate dates in 10/2011 to appear with his clients for depositions. Despite the fact that all proposals were for evening depositions, Attorney Galantucci responded that none of the dates worked for him because he was involved in a four (4) week trial. Meanwhile Attorney Galantucci publicly stated that he

suspected the investigation to be politically motivated. Inasmuch as one member of the investigatory committee expressed his intention to leave the council at the end of the 2011 calendar year, the investigatory committee sought to obtain the testimonies of the remaining witnesses as soon as possible in order to have its report done prior to 12/31/2011. Accordingly, the committee scheduled all of the remaining depositions for 10/17/2011. All of the remaining deponents appeared at the 10/17/2011 public meeting, however former Chief of Staff Eckel was the only individual willing to provide testimony at that time. Former Mayor Winant and former Councilman Licameli refused to provide testimony without the presence of Attorney Galantucci. At the outset of his testimony, Mr. Eckel stated that he was on medication which caused him to be "very sleepy and at times incoherent", but that he wished to continue

29

with the deposition anyway. Eckel Dep. at 15:11-16:7. In accordance with his wish, the DPW Investigatory Committee questioned Mr. Eckel about various contamination related activities that occurred during Mr. Eckel's 13-year career with the Borough. What the Committee found was that Mr. Eckel had knowledge relating to pertinent issues, however when pressed for details Mr. Eckel consistently claimed lack of memory. For instance, Mr. Eckel knew of the leaking USTs, soil excavation activity, and the existence of the monitoring wells. !Q" at 17:5-20, 19:7-15, 19:21-20:3, 30:15-19, 33:7-16. However, Mr. Eckel claimed that he never saw or knew of any reports, any correspondence, or the MOA. !Q" at 18:11-19-19:6, 23:2-6, 23:7-24: 11, 24:21-25:3, In this regard Mr. Eckel's

25:12-15, 26:22-25, 27:1-28:20, 47:18-48:1, 48:19-49:18.

testimony is less than reliable, where the record is replete with copies of correspondence being sent to Mr. Eckel regarding the Borough's plan of remediation, applications for financial assistance, and the termination of the MOA. During the 10/17/2011 meeting, Attorney Tomlinson read into the record correspondence that Attorney Paster had received from Attorney Galantucci in which Attorney Galantucci maintained that the scheduling difficulties were due to his own schedule and not that of his clients, and that former Mayor Winant and former Councilman Licameli were ready, willing and able to cooperate with the committee, with or without subpoena. On 11/11/2011, Attorney Paster sent a final notice of rescheduling to Attorney Galantucci to obtain the testimony of former Mayor Winant and former Councilman Licameli. Nevertheless, on 11/21/2011, the afternoon of the evening during which the depositions were scheduled, Attorney Paster received a letter from Attorney Galantucci

30

stating that Messrs. Licameli and Winant had been advised not to appear to provide testimony due to the "toxic environment" that had been created. The toxic environment, according to Attorney Galantucci, supposedly involved a criminal complaint filed against a family member of a former Dumont Mayoral candidate regarding alleged terroristic threats toward former Mayor Winant, as well as a civil complaint filed against the Borough, the Borough Council and Attorney Paster. Attorney Paster assured Attorney Galantucci that the Borough has a fully staffed police department that could ensure the safety and security of former Mayor Winant and former Councilman Licameli. Nevertheless, neither former Mayor Winant nor former Councilman Licameli appeared at the meeting, and to date neither of them has provided testimony.

PART III. SUMMARY AND CONCLUSIONS

At present and at all times prior, the primary concern of the Borough of Dumont has been to learn from its mistakes. Borough officials were astounded to discover that an unhealthy, environmentally toxic condition could exist for decades on Borough owned property. Even worse, the Borough officials were saddened to learn that the contamination appeared to have been severely mismanaged, and at certain points apparently ignored, by various Borough representatives who were responsible for the Borough's well-being and involved in the remediation efforts. The documentation

reviewed in connection with this investigation reveals that the reluctance to proceed to a conclusion with the remediation plan was driven, in whole or in part, by the refusal of the Administration, primarily Winant and Eckel, to pay for the necessary services promptly, or perhaps at all.

31

At early points in the remediation process, it appears as though the Borough was on the right track. HLA (formerly known as EEC) performed an extensive amount of remedial investigation for the Borough, which the Borough was able to use toward engaging in an MOA with the NJDEP. The Borough and/or HLA required several time extensions throughout the remedial investigation process, therefore it took several years to get to the MOA. Given the routine course of progress in any such remediation

project, and the numerous spills and cases to sort through, this initial delay is not surprising. Nonetheless, the NJDEP cooperated with the Borough in getting to that

point and by the time the MOA was fu lIy executed on 01/08/1997, the Borough was on a proper path toward remediation. From the execution of the MOA, there is no evidence in the records reviewed by the Committee that any affirmative steps were actually taken to engage in the remediation program set forth in the MOA. The record never reveals exactly why the Borough refused to pay HLA for its services. The Borough initially claimed that it was upset that HLA never advised as to possible sources of funding, however the Borough's failure to ever make application for financial assistance in the face of numerous attempts by Attorney Delorenzo to push the issue tells a different story. It took the Borough and/or lBG more than two (2) years from the execution of the MOA to submit a proposed RAW to the NJDEP. When the NJDEP declined to approve the RAW, lBG prepared an additional scope of work for the Borough. The Borough, however, never authorized any further work by lBG, and in due time the NJDEP terminated the MOA.

32

The Borough and the DPW Investigatory Committee have tried to get answers as to why or how the MOA was abandoned, but those who have provided statements have provided little information. It appears that members of council and DPW workers were, for the most part, uninvolved in the remediation efforts. No definitive answers have

been offered as to why the remediation efforts ended almost immediately after the MOA was executed and despite acknowledgment of the potential consequences, both civil and criminal, that might result from non-compliance. The major participants appear to have been Jack Eckel, Donald Winant, Michael Licameli and Marvin Katz (now deceased), as well as the engineering firms and attorneys contracted by the Borough. Inasmuch as former Councilman Licameli and former Mayor Winant obviously held meetings regarding DPW remediation efforts and received correspondence regarding the same, their testimony was deemed crucial to the investigation. After a long period of refusal, failure or neglect due to alleged improper legal mechanisms and them alleged scheduling difficulties, all the while claiming to be willing to cooperate with the Borough, Mr. Winant and Mr. Licameli ultimately never provided testimony based upon a so-called "toxic environment" that was apparently attributable to a lawsuit filed by Mr. Winant and Mr. Licameli. The lawsuit, filed the day after the 2011 election but not yet served as of the submission of this report, alleges various acts of defamation and civil rights violations committed in connection with this investigation, but in actuality appears to be a thinly veiled attempt to preempt or otherwise distract from the conclusions of the Committee's investigation. Considering their obvious involvement in the remediation activities, their repeated efforts to avoid providing testimony are nothing short of suspicious.

33

Former Mayor Winant appears to bear the bulk of the responsibility for the failure of the Borough to adequately address the remediation requirements. After all, Mr.

Winant was the Mayor of Dumont from 1992 to 2005. During those years Mr. Winant was the chief executive officer of the Borough, and thus the proverbial buck stopped with him. It was former Mayor Winant's job to "report annually to the council and to the public on the state of the municipality", to "recommend any action or programs he deems necessary or desirable for the municipality to undertake", to "supervise, direct and control all departments of the municipal govemment", to "supervise the care and custody of all municipal property", to "assure that all terms and conditions imposed in favor of the municipality or its inhabitants in any statute, franchise or other contract are faithfully kept and performed", and more. See N.J.SA 40:69A-40. Indeed, it was

former Mayor Winant who certified under penalty of law that he was familiar with the 1998 RAW and all attached documents. This being the final activity that the Borough conducted before the NJDEP rejected the RAW and ultimately terminated the MOA, it is abundantly clear that former Mayor Winant abandoned his duties as they related to the contamination remediation. Similarly to former Mayor Winant, the record before the Committee begs the question of why former Chief of Staff Eckel abandoned his duties with regard to the contamination. As chief of staff, Mr. Eckel was tasked with "interact[ing] with the

Borough Attorney" and "oversee[ing] the Borough's contractual obligations with outside vendors and professionals". See Dumont Borough Code, Chapter 47, Article V, Section 52-17. Former Chief of Staff Eckel performed neither of these duties. Between

Attorney Delorenzo and Associate Terry, former Chief of Staff Eckel received three (3)

34

letters regarding the NJDEP's termination of the MOA and two (2) letters regarding applications for financial assistance. As far as the available record indicates, Mr. Eckel failed to respond to any of those letters. unfortunate at best, and contrived, at worst. Finally, as to former Councilman Licameli, the Borough is unfortunately left in the dark. It is clear that former Councilman Licameli participated in special meetings His lack of memory during his testimony is

concerning the contamination and that Mr. Licameli was likely the only member of Council to have direct involvement in remediation activity, however Mr. Licameli's refusal, failure or neglect to provide testimony prevents the Borough from understanding exactly what role former Councilman Licameli played in this tortured history. Other questions that remain are who ordered the rotted out barrels to be crushed and removed, and how was LBG contracted by the Borough? At this point, the Borough is and should be less concerned about the events that caused the contamination as it is the events that lead to the termination of the MOA. It cannot be denied that there were several missteps along the Borough's failed journey toward remediation. Gross inactivity, lack of oversight, and failure to promptly respond (if ever) to correspondence from the NJDEP, attorneys and engineers plague the history that has been uncovered. But no matter the costs and aggravation, the Borough's top priority should have been decontaminating the property in the interest of the environment and the local citizenry. Why the Borough failed to work toward achieving that goal remains unanswered. The best way to prevent a recurrence of such neglect of oversight would be to appoint an ad-hoc committee of the Council to monitor and advise the greater Governing Body and the public if and when such an issue presents itself in

35

the future.

Clearly, where the executive authority is vested in just one or two

individuals, the latitude for neglect or misjudgment is far greater than where the responsibility and authority is distributed among a larger group. The cost of this episode, in damage to the environment, potential health risks to area residents and workers, and in dollars and cents will never be fully realized. As such, the best the Borough can hope to do is complete the remediation and ensure that such missteps are not repeated in the future.

Respectfully submitted, Dumont DPW Remediation Investigation Committee

_/ ,"

Matthew M. Carrick

/ //

Carl Man

36

GLOSSARY OF ACRONYMS

AOC BAC BFO BUST CEA DICAR DPW EEC HLA LBG MOA NJDEP RAW RIW SRRA UST

Area of Concern New Jersey Department of Environmental Protection Bureau of Applicability and Compliance New Jersey Department of Environmental Protection Bureau of Field Operations New Jersey Department of Environmental Protection Bureau of Underground Storage Tanks Classification Exception Area Discharge Investigation Corrective Action Report Dumont Department of Public Works EEC Environmental Inc. (later became Harding Lawson Associates ("HLA")) Harding Lawson Associates (formerly known as EEC Environmental Inc ("EEC")) Leggette, Brashears & Graham, Inc. Memorandum of Agreement New Jersey Department of Environmental Protection Remedial Action Workplan Remedial Investigation Workplan Site Remediation Reform Act, N.J.SA 58:10C-1, et seq. Underground Storage Tank

ems CHRISTIE
Governor KIM GDADAGNO U GoverJ1.0r

DEl'ARTMENT OF ENVIRONMENTAL PROTECTION

faf:e of .efu W:erset! .

BOB MARTIN Commissioner

Site Remediation Progr Bureau of Enforcement and Investigations 40f E. State St., 5th Floor West , PO Box 028 Trento.n, New Jersey 08625-0028 .
. ,

29 September 2010 '

CERTIFIED MAIL .. , No.: 7001 0220 002 1052 7773 The Honorable Matthew P. McHale Mayor of Dumont Borough , 50 Washington Avenue Dumont, NJ 07628 . Re: Dumont Boro DPW Garage 1 Aladdin Avenue and Twinboro Lane Block 1 105 Lot(s) 14, 1 7,, 1 8 and 22 Dumont Borough, Bergen County . PI#: 024363

, Dear Mayor McHale, The New Jersey Department of Environrmintal Protyction (Department) is charged with responding to the release orthreatened releaSe of hazardous substances and with enforcing the requirements of ; the Spm Compensation d Control Act (N.J.SA 58:10-23 et seq.), the Underground Storage of Hazardous Substances Act (N.J.SA 58:lOA21 et seq.), the Industrial Site Recovery Act (NJ.s.A. 1 3 : 1 K-6 et seq.) and the Site Remediation Reform Act (N,J.SA 58:lOC-l et seq.). The Department has documented tlie release of ilazafdous substances at the Dumont Boro DPW Garage, , and nearby properties, 1 Aladdin Avenue and Twinboro Lane, Block 1 105 Lot(s) 14, 17, '1 8 and 22, Dumont Borough, Bergen County.
It has been reported that all or portions of the subjecf properties were part of a military facility prior 'to 1 923. Most, if not all of the site was iubsequently owned by the Borough of Dumont and has been used for municipal service.operations.

NewJ=ey is tm Equal Opportunity Employer, l'rinted on ReqycIed Paperand !lecyclabk ,

Dmont Borough Bergen County

PI: 024363

Dumont Boro DPW Garage

Available information suggests that the property corresponding to Block 1 105 Lot 14 imd the northern portion of Block 1 1 05 Lot 1 6 were formerly occupied by the Dumont Borough DPW f acility until the early 1 970s. Aerial photographs indicate that the former DPW .garage was located on the northern portion of what is now Block 1 105 Lot 16; the area corresponding to lot 14 appears to have been used for ancillary operations including parking and refueling. This portion of the site is located off of Aladdin Ave. and is ref erred to as Aladdin Park or the Aladdin parcel. (NOTE: It appears that pre"ious investigations of the former DPW f acility did not evaluate potential impacts to the area corresponding to the northern portion of Lot 16 which is now occupied by the Bergen County Housing Authority complex;) The original DPW facility on Block 1 1 05 lot 1 4 and the facilities on the northern portion of 16 were demolished in the early 19708. This parcel remained as vacant land; portions of this property may be part of a public park. Portions of the properties corresponding to Block 1 105, Lots 1 7 and/or 1 8 were formerly part of a sewage treatment plant that served Dumont and Bergenfield until the early 1 960s; historical aerial photography indicates that the sewage treatment facility may have also included portions of Block 1 1 05 Lot 15, the southern portion of lot 16 and several contiguous properties located in the Borough of Bergenfield. It was reported that the sewage treatment facility was demolished the 1960s or 1 970s and several feet of fill was deposited in the area. The current Dumont DPW facility was constructed on Block 1 1 05 Lot 17 during the early 1970s; this property is referred to as DPW parcel. . Previous investigations have identified nUIiJerous areas of environmental concern related to historical and current site operations on these properties. During the 1980s and 1 990s, the NJDEP received several reports conceming suspected discharges of hazardous substances at the Borough owned properties located off of Aladdin Ave. and Twinboro Lane. In September 1 986, the NJDEP was notified of a discharge of gasoline resulting from an overfill of an underground tank (presumably on Block 1105 Lot 1 7 or 18) during a fuel delivery by the United Oil Company. This notification was assigned NJDEP case number 860922-01M. It was reported that eontlUninated soil was excavated from this area; however no additional information was provided to the Department regarding the remediation of this discharge.
In October 1986, the Borough of Dumont (Dumont) notified the Department that two underground

storage tanks at the DPW yard (Block 1 105 Lot 1 7 and/or 1 8) were suspected to be leaking; this notification was assigned NJDEP case/incident #86 1 00905M. One of the tanks was 3,000-gallon capacity and Contained diesl fuel; the other tank was 4,000 gallon capacity and contained gasoline. Tank tightness tests were preformed on both tanks during April 1987. It was reported that the 3,OOO-gallon capacity diesel fuel tank passed the tank test; however the gasoline tank failed the tightness test. The gasoline tank was subsequently removed on or about 27 April 1987. NJDEP personnel wee onsite to observe the tank removal activities and conducted an inspection of the site at that time. Observations made during the inspection revealed the presence of gasolinelike odors and/or a sheen in storm drains located near the underground tanks. In addition, it was reported that

Dumont Boro DPW Garage PI: 024363 I;lwnont Borough Bergen County

a hole was discovered in the bottom of the gasoline tank and the underlying soil was noticeably contaminated. Soil was removed from the excavation until a clay layer was encountered and backfilled with clean soil. However, it appears no additional investigation/remediation was conducted in this area and a discharge investigation and corrective action report was not submitted for this event. On or about September 30, 1990, a garbage truck containing hazardous substances caught fire and entered the DPW yard where the fire was extinguished with water and other fire suppressants. The NJDEP was notified of this incident and assigued it as NJDEP case/incident # 89-9-30-0853. It was reported that the truck was carrying trash from the Dumont High School and included out-of date chemicals that had been inadvertently placed in the regular garbage. The fire erupted when the trash was compacted in the truck. The truck was diverted to the DPW yard and the garage was dumped on the unpaved ground where the fire was extinguished. All garbage and fire fighting waste water were collected in 55 gallon drums and were disposed of off -site. No sampling was conducted in the area at that time. In May 1 990, the Bergen County Office of Emergericy Management notified the Department of a discharge of gasoline from an undergroimd storage tank at the site; this notification was assigued

NJDEP case/incident #90-05-17-1528. Later that same day (May 17, 1990), the Borough of Dumont Police notified the Department that the underground storage tank had been removed; this notification was assigued NJDEP case/incident #90-05-17-1 620. Free phase petroleum was observed in soils and water that accumulated in the tank excavation. It was also reported that gasoline contaminated water was observed leaching through a retaining wall separating the DPW facility from an adjacent property; the gasoline contaminated water then migrated across the ground surface and into a nearby stream. Information provided to the Department indicated that this-tank was a 1 OOO-galion capacity gasoline tank (possibly on Block 1 1 05 Lot 14) that had been taken out -of service in or about the early 1980s. Approximately 750 gallons of gasoline was left in the tank when it was taken out of service. At the time of its -removal in May 1990, there was 900 gallons of gasoline and water in the tank; however it was estimated only 90 gallons was gasoline. Based on this infonilation, it was estimated that over 600 gallons of gasoline had leaked from tbis tank from the time it was taken out of service (early 1980s) until it was removed in May 1990. The Borough of Dumont subsequently retained EEC Environmental Inc. (BEC) to conduct an investigation of the former tank area. EEC installed five monitoring wells and performed a limited subsurface investigation to evaluate discharges from the fOlTI1er 1,000 gallon gasoline tank. The initial investigation conducted in January 1991 revealed the presence of elevated levels of gasoline related compounds in several wells; the highest concentrations (benzene at 92,900 J.lgll; toluene at 35,900 J.lgll; ethylbenzene at 25,950 J.lgll; and xylenes at 240,500 J.lgll) were detected in

MW-5 10cated northeast of the current DPW-f acility. However no contaminants were detected in a monitoring- well located directly adjacent to and hydraulically down-gradient of the f ormer 1,000 gallon gasoline tank. Based on these results EEe concluded that the contamination found in other monitoring wells may have been a result of discharges from the 4,000 gallon tank removed during 1986. This tank was the sub ject of incident # 86-10-09-05M as discussed above. EEC subsequently initiated an investigation of the site andidentified " . . . five separate areas of concern at the DDPW

PI: 024363 Dumont Borough Bergen County

Dumont Bora DPW Garage

property." These areas of concern included a fonner underground gasoline tank and rdeases of waste oil and residuals from home heating bil tanks in an area northeast of the DPW facility; a second underground gasoline tank and a stonn sewer line located north of the DPW facility; another area located east of the DPW facility where were reported historic releases of waste oil and residuals from heating oil tanks; an active waste oil tank and possible surface discharges of gasoline south of the DPW facility; and the area of a fonner waste water treatment plant on an adjacent propertY. EEC excavated numerous test pits in the five areas of concern and installed four additional monitoring wells to further evaluate the suspected source areas at the site. Visible evidence of contamination andlor the presence of gasoline/petroleum odOl;s were observed in test pits at each of the areas of concern. It was also reported that several test pits revealed the presence of fill material; some of the fill encountered on-site and on an adjacent property was described as ". [b]lack fine grained material that appears to have been generated by the filtration processes of the former sewage treatment plant . . . ". Construction/demolition debris, auto parts and other miscellaneous materials were encountered in one or more test pits.
.

Ground water samples were collected from the nine on-site monitoring wells in May 1991. Volatile organic compounds, semi-volatile compounds andlor petroleum hydrocarbons were detected in seven of the monitoring wells; several wells exhibited concentrations of benzene (up to 1 5,000 Ilgll), ethylbenzene (up to 4,800 llgfl), toluene (up to 36,000 Ilgfl), xylenes (up to 20,000 flgll), naphthalene (up to 705 flgll) and petroleum hydrocarbons (up to 24 mgll) that exceeded ground water quality standards. .
. .

At lea.st one. source suggests that two additional underground tanks were removed from the site in September 1991. It appears that soil contamination was discovered during the removal activities. . The Borough of Dumont Department of Public Works enviromnental consultant, BEC Enviromnental Inc., notified the Department of these observations;. this notification was assigned NJDEP case/incident #91-9-12-1533-49. Additional soil and ground water investigations were conducted at the site during September 1 991 and November 1991. Soil samp les were collected from test pits and soil borings installed at the five areas of concern previously identified by EEe. It was reported that soil staining and/or petroleum/gasoline-like odors were observed in numerous test pits and borings; sheens and other evidence of petroleum contamination was observed on groundwater in seversl test pits. Soil samples throughout the site revealed concentrations of polycyclic aromatic hydrocarbons which exceeded NJDEP soil clean-up standards. Six additional monitoring wells were installed during September and October 1991. Samples were collected from fourteen of the site monitoring wells in October and November 199 1 ; no sample was coJleted from MW-5 due to the presence of free phase petroleum product. Several samples revealed elevated levels of benzene (to 3,200 j.lgll), toluene (to 6,900 flgll), ethylbenzene (to 2,000 flgfl), xylenes (to 1 0,200 Ilgll), 1,2-dichloroethane (54 flgll) and/or MTBE (to 570 j.lgfl).

Dumont Bora DPW Garage PI: 024363 DUmont Borough Bergen County

In or about November 1991, a free product recovery program was initiated to remove petroleum product from MW-5.
. .

By letter dated 30 October 1992 the Department notified the Borough of Dumont that additional . investigation was required to further evaluate contamination related to former and current underground storage tanks as well numerous other areas of environmental concern not related to the underground tanks. Specifically, the Borough of Dumont was re uired to conduct further sampling to delineate the extent of contamination related to the underground tank areas; determine the source(s) and delineate the extent of base-neutral contamination found in soil throughout the site; determine potential envirorunental impacts related to the extinguishment of the fire in the garbage truck (incident 89-9-30-0853): identify sources of gasoline related contamination which did uot appear to be related to the known underground tankS at the site; and identify and evaluate other on site areas of concern iilcluding floor drains and dry wells. lri addition, the Department required the Borough of Dumont to prepare a separate underground tank registration f the 1 ,000 gallon or gasoline tank that was formerly located on Block 1 105 Lot 1 4 since the area was located across the street from the existing DPW facility and the tank was not properly closed theref ore it was still considered active at the time of its removal in May 1990. (NOTE: The tank on Bloc:k 1 105 Lot 14 was eventually assigned registration # 0243632 and the underground tanks at the current DPW facility (Block 1 1 05 Lots 17-18) were registered under #0026606.)

Samples were collected from most of the existing site monitoring wells in December 1992. Samples ere not collected from MW-S or MW-9 due to the presence of free phase petroleum product. Elevated concentrations . of benzene (up to 1300 flgll): toluene (up to 1500 flgll); ethylbenzene (up to 1200 figll) andlor xylenes (up to 4900 figll) were detected in several of the ground water samples. One sample also exhibited an elevated concentration oflead. A soil gas survey was conducted at the site during February 1993 and revealed elevated concentrations of benzene, toluene, ethylbenzene andlor xylenes at various locations throughout the site. Toluene and xylenes were detected most frequently and at the highest concentrations . It was also reported that the greatest concentrations of contamination were found in samples obtsined beneath the existing maintenance building (Block 1 1 OS Lot 1 7) and extended in a northeasterly direction towards a nearby strean1.
.

Three additional monitoring wells were installed at the site in August 1993. In addition, f our piezometers and a recovery well were installed in an attempt to delineate the extent of the free phase petroleum contan1ination near the existing DPW facility (Block 1 1 05 Lot 17). Based on this investigation, Harding Lawson Associates concluded that free phase petroleum was confined to the area of MW-5 and MW-9. Three additional underground tanks on Block I I 05 Lots 1 7 and 1 8 were removed during January 1994 by Boswell McClave Engineeritig on behalf ofthe'Borougb of Dumont. Post excavation soil samples were collected from the former tank areas; several of the post excavation samples exhibited elevated levels of base. neutral extractable compounds andlor petroleum hydrocarbons. It was reported that contaminated soil was removed from the tanks areas and disposed of off -site.

Dumont Boro DPW Garage PI: 024363 Dumont Borough . Bergen County

By !etters dated 19 August 1994 and 23 August 1 994, the Department's Bureau of Underground Storage Tanks notified the Borough of Dumont that since contamination.was documented at distinct locations with different addresses, the Department would address the locations as separate sites. Specifically, the Department infonned Dumont that incident #86 1 009-05M would be assigned to the Department of Public Works site (Block 1 105 Lots 17 and 1 8) as it is specific to the first reported discharge that occurred at the site from an underground storage tsnk system. The contamination related to incident #9005171528 would be assigned to the "Aladdin Park site" (Block 1.105 Lot 14) as it is specific to the discharge that occurred from a 1,000 gallon underground gasoline storage tank located on that parcel. The Department further required the Borough D\IIIlont to conduct an investigation of the site in order to identify any area of concern that ' may be contributing to the presence of base neutral extractable compounds throughout both sites, or alternatively to obtain data to support that this contamination was attributable to an off-site source. The Department also offered the Borough of Dumont the opportunity to enter into a Memorandum of Agreement that would enable the Department to assign one case manager to provide oversight of the investigation and remediation of both sites (DPW facility and Aladdin Park) and thebase neutral extractable contamination. Samples were collected from most of the site monitoring wells in October 1 994; samples were again not collected from well MW-5 and MW-9 due to the presence of free ' phase petroleum product. Several wells (MW-l, MW-4, MW-ll) also were not sampled since previous sampling events historically revealed non-detect levels of contamination. Benzene, toluene, ethylbenzene and/or . xylenes Were again detected above ground water quality standards in one or more of the sampled . wells. Surface water samples were collected from the nearby stream and were analyzed for volatile organic compounds. Tetrachloroethylene was detected in one of the surface water samples at 3 fLg/l. Available data indicates that ground water from the site flows towards this stream. In January 1995, Harding Lawson Associates (Harding) submitted Supplemental Remedial 1nvestigation Results and Proposed Remedial Action reports for both the DPW facility and Aladdin . Park property. Harding Lawson proposed capping areas of contaminated soil and executing a deed notice for these areas. For ground water, Harding Lawson proposed to recover free phase petroleum from the vicinity of MW-5 and MW-9, and address dissolved phase contamination through natural attenuation. By letter dated 20 June 1995 the Department notified the Borough of Dumont that the Supplemental Remedial Investigation Results and Proposed Remedial Action was conditionally approved as a remedial investigation workplan; however the Borough was advised that the report could not be approved as a remedial action workplan. The 20. June 1995 letter also identified certsin deficiencies concerning the investigation and remediation of the regulated underground tsnks at the site and outlined specific requirements necessary to correct the cited deficiencies including further delineation of both soil and ground water contamination. 1n addition, the Department reported that the proposal for natural remediation could not be approved until the full extent of the ground water plume(s) was (were) delineated and all free product has been removed. The Borough was further advised that the issues pertaining to the regnlated underground tanks would be handled under the NJDEP Bureau of Underground Storage Tanks whereas non-regnlated tank issues would be addressed by another NJDEP office, unless the Borough executed a Memorandum of Agreement

Dumont Bora DPW Garage PI: 024363 Dumont Borough Bergen County

and requested that both underground storage tank isSues and non-underground tank issues be handled under one NJDEP program. The Borough of Dumont entered into a Memorandum of Agreement with the Department in January 1997 to conduct a preliminary assessment/site investigation, remedial investigation and remedial action for Block 1 105 Lots 1 7 and 22. (NOTE: It appears the site may also include Block 1 1 05 Lots 14, 15, 1 6 and 18; however these areas were not identified in the MOA package.) The Borough of Dumont retained Leggette, Brashears & Graham, Inc. to conduct the' investigation of the property pursuant to the Memorandum of Agreement. ' In October 1998, Leggette, Brashears & Graham, Inc. submitted a Remedial Investigation Workplan and Historic Fill DeterminatIon relative to the DPW and Aladdin Avenue parcels. Leggette, Brashears & Graham, Inc. identified three areas of concern which included soils throughoUt the site contaminated with base neutral extractable compounds; contamination related to discharges from an underground tank formerly located on the Aladdin parcel; and contamination related to discharges from several underground tanks formerly located on the DPW parcel. Leggette, Brashears & Graham suggested that the site wide base neutral contamination was due to historical fill and the extent of this contamination had been delineated. As such, Leggette, Brashears & Graham, Inc. proposed implementing a declaration of environmental restriction and ' requested a conditional no further action for this area. Leggette, Brashears & Graham proposed to conduct additioruil ground "flIter sampling in the Aladdin parcel and recommended natural remediation with a CEA for this area. With regard to the contamination on the DPW property, Leggette, Brashears & Graham proposed to conduct further sampling and monitor ground water for the presence of free product; remediation would be proposed if free product was observed, and natural remediation would be the selected remedy if no free product was encountered and a decreasing trend was observed in the levels of dissolved phsse contamination. By letter dated 6 August 1 999 the Department's Bureau ofField Operations - Northern Field Office notified the Borough of Dumont that the Remedial Investigation Workplan and Historic Fill Determination did not address deficiencies identified in several previous NJDEP letters dated 12 June 1995 and 20 June 1995. The Borough was advised that the workplan should be revised to address the cited deficiencies. The Borough of Dumont f ailed to respond to the 6 August 1999 deficiency letter and the Department terminated the Memorandum of Agreement under letter dated 23 August 2000. The NJDEP conducted inspections of Dumont Department of Public Works (DPW) facility on 20 July 2 0 1 0 and 1 6 September 2010. It was determined that potential areas of concern remain to be addressed at the site. A review of available NJDEP case files indicate that the investigation and remediation of the site has not been completed to the satisfaction of the Department. In addition, many of the previous investigation reports provide conflicting, or contradictory inf ormation. As such, the Borough of Dumont must conduct an investigation of the site and evaluate all identified 'areas of environmental concern in accordance with the Site Remediation Refonn Act and the Technical Requirements for Site Remediation.

Dumont Bora DPW Garage PI: 024363 'Dumont Borough Bergen County

Liability The Bureau of Enforcement and InvesiigationslResponsible Party Investigations Unit (RPID) has initiated an investigation to identifY the responsible parties tbat are liable for remediation of the above referenced contamination. The Borough of Dumont, owner of the property at the time hazardous substances were discharged waS also the owner and operator of regulated underground storage tanks from which hazardous substances were discharged. Theref ore, the Borough of Dumont is a responsible party pursuant to the Spill Compensation and Control Act (NJ.S.A. 58: 1023 et seq.) and the Underground Storage of Hazardous SubStances Act Furthermore, the Borough of Dumont has an affirmative obligation to investigate and remediate contamination related to site operations pursuant to the Site Remediation Reform Act.

Site Remediation Reform Act (N.J.s.A. 58:10C-l et seq)

responsible parties to address discharges of hazardous substances by establishing an affillnative obligation to conduct remediation. The SRRA establishes criteria for the licensing of site remediation professionals who will assure that contaminated sites are remediated in accordance with the Technical Requirements for Site Remediation, N.J.A.C. 7 :26E and related Department guidance. The SRRA authorizes the Department to establish mandatory timeframes for the completion of each phase of remediation. These timefrarnes, as well as other requirements of the act, have bn codified in regulations that became effective on 4 November 2009. The regulations can be found at http://www.ni.gov/dep/srp/regs/. Pursuant to section 3 0 of SRRA (NJ.S.A. 58:10B-1.3.30.a.), the owner or operator of an industrial stablishment that is subject to the Industrial Site Recovery Act; the discharger of a hazardous substance, or those in any way responsible for a hazardous substance' pursuant to provisions of the Spill Compensation and Control Act; and the owner or operator of an underground storage tank that is sub ject to the provisions of the Underground Storage of Hazardous Substances Act, that has discharged a hazardous substance, shall remediate the discharge(s) of hazardous substances. Remediation must be completed within timeframes established by the Department, and responsible parties who initiate remediation after 4 November 2009 must use the services of a Licensed Site Remediation Professional. Specific requirements can be found at NJ.A.C. 7:26C-2.4. Failure to comply with the obligations of SRRA may result in the Department taking direct oversight of the remediation of the contaminated site. Once a site or a portion of a site is under direct Department oversight, the responsible party forf eits all rights iu the decision making On 7 May 2009, the Site Remediation Reform Act (SRRA) was enacted. The SRRA compels

process regarding the remedial investigation and remedial action to be' performed at the site, . including remedy selection. As the f lIst step in the remedial process, you must complete the Confirmed Discharge Notification Form, (available at http://www.nj.gov/dep/srp/srra/fonnsJ); the completed Confirmed Discharge Notification Form must be submitted to the Department within five (5) days of your receipt of this letter. The next step in the process is to hire a Licensed Site Remediation Professional. A list of Licensed Site Remediation Professionals (LSRP) is available

Dumont Bora DPW Garage PI: 024363 , Dumont Borough Bergen County

at http://www.state.ni.usldep/srp/slTa/lsrP/temporary lsrp list.htm. A LSRP Notification of Retention or Dismissal Form (available at http://Www.nj.gov/dep/srp/slTa/formsl) must be completed and submitted to the Department within 45 days of your receipt of this letter, Please send all submittals to: NJDEP, Bureau of Case Assignment & Initial Notice

401 East State Street, PO Box 434 Trenton, NJ 08625-0434 Attention: Bureau Chief

Should you fail to submit the required documentation or decide not to comply with all remedial reqUirements, the case will be evaluated for enforcement action pursuant to the above referenced statutory authorities. Failure to complete the required remediation may result in the Department conducting the remediation using public funds, If public funds are expended to conduct remediation, the Borough of Dumont may be held liable for up to three times the costs incurred by the Department. Please contact me at 609.292.2466 if you have questions regarding this correspondence,

c:

Clerk, Borough of Dumont John p, Perkins, Borough of Dumont Admiuistrator Kirstin Pointin-Hahn, Chief, BCAlN

.
.

'

'"

.i;:

"

BOROUGH OF DUMONT RESOLUTION

Resohltion No. Date:

2010

iUEi'dBERS CASPARE CARRICK

AYE

NAY

AllSTAIN

ABSENT

---------

285

Sl'YLIA.NOU

i\fANNA

FREEMAN

I j

November 9, 2010 l of

Page:
Subject:

-----------

Investigation and Subpoena power related to DPW

TOTALS

MAYOR McHAL

ZAMECHANSKY

.J

Environmental Remediation
Purpose:
.

Authoi'ization

SI

Account No. .

Offered by: Seconded by:

Contract No.
Dollar Amount:

,
---------

Certiiied as a true copy of a Resolution adopted by the.Borough of Dumont on above ate at a R guJar Meeting by:

B.orough of Dumont, Bergen County, New Jersey

AUTf!ORIZATION OF INVESTIGATION AND SUBPOENA POWER RELATED TO . DPW ENVIRONMENTAL REMEDIATION RESOLUTION OF THE BOROUGH OF DUMONT COUNTY OF BERGEN,. STATE OF NEW JERSEY WHEREAS, the govemiJ;lg body has authorized investigation into the circumstances and actions surrounding certain environmental spill cases as set forth in a letter dated September 29, 2010 from the New Jersey Department of Environmental Protection; and
. .
.

Susan Connelly, RMC, Borough Clerk

'.

Pl'epared By:

Gregg Paster, Esq.

f 8<

. . . .. EXHIBIT

"

WHEREAS, the investigation requires additional infonnation, including document requests and

subpoenas; and

WHEREAS, the Borough Council of.the'BorOtlgh of Dumont now seeks to exercise its powers pursuant to the New Jersey Constitution, applicable statute and case law interpretations to issue subpoenas to compel testinlOny and production of documents as required to complete the investigation, NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Dumont, County 'of Bergen, State of New Jersey that the Borough Attomey be and is hereby authorized to issue subpoenas ad testificandum andlor subpoenas duces tecum in the name of the Borough of Dumont, and to request such testinlOny and production of documents and things as may be necessary to complete the authorized investigation.

1 hereby certify'the foregoing to be a true copy of a resolution adopted by the Borou h of Dumont
Council at a meeting held on November q, 2010. BOROUGH OF DUMONT

ATTEST:

BY:

/MATTHEW ,

Nd u

usan ,Connelly,

RNIC, Boro

h Clerk

Dated: November 9, 2010

DATE AUTHOR
UNDATED UNDATED UNDATED UNDATED UNDATED Tank
u.

SUMMARY
0 o

Work Order Acknowledgment Signed by John Cook

Re: 3000 gal tank and 2000 gal tank 90-05- 1 7 - 1 620, NJDEP 90-05 - 1 7- 1 528 90: M ":, ' H -0 2-12-1533 2 NJDEP 86-10-09-05M (aka 86-09-22- 1 0M) Draft ofMOA Application

Certificate of Insurance at 2 1 4

LOCATION

o 0

Draft 1 ofMOA Application

2 at 3 7-42

10-061 0_DEP_docs_vol 1 0-0610_DEP_docs_vol

o 0

NJDEP 86-10-09-05M (aka 86-09-22-10M) Unexecuted NJDEP Site Remediation Program - Application for Financial Assistance under the Underground Storage Tank Finance Act or the Hazardous Discharge Site Remediation Fund NJDEP General Permit: Storage and Transfer of Service Station Fuels at Gasoline Facilities

Draft 2 of MOA Application

2 at 43-51 1 0-061 0_ docs_vol 6I 2 at

UNDATED UNDATED (someti me during l.UU n)

, of Insurance at 5 8-64
c"

5 at 40-46 *Possibly an attachment to the U/;)I1.U/'j ,,,,,,,,T _

1 0-061 0_DEP_docs_vol

UST Facility Certification Questionnaire

Certificate of Insurance at 94-98

UNDATED

DATE UNCLE AR

FROM: Lee Hendricks TO: ? (first few pages are missing) CC: Steven Tigginger; Jos. Ie A

0 0

Concludes that Dumont must submit a RAW UST Facility Questionnaire

Pages 3-1 1 of a letter from Lee Hendricks

, of Insurance at 1021 10

0 0

:i :iED : 0
RIO VARIO

UNDATED ED

Not filled out, but handwritten on last page says "sent to Marvin for signatures 12f29/??" ?? either 94 or 96. Initialed DR?
=

Certificate of Insurance at 13 2135

Bust Discharge Investigation and Corrective

At;"" u .

Standards Evaluation

0if

' Chee1-it

UST Registration Questionnaire Case Transfer RepOlt Original Work Sheets Site Maps

ED

DEP

II C-

. .

US

05/08/86 09122/86

NJDEP NJDEP

UST Registration Questionnaire Incident Notification Report Signed by John Cook

Report of "spill caused by overfill. Spill Rep_ rted by United Oil Compan o Report of "gasoline spill from overfill" on Alladin Ave (@ DPW) NJDEP Incident Notification Report; incident reported by Joseph Ferriero Incident Notification Report onto driveway." On Dumont Ave.

OPRA DEP files3 at 83

OPRA DEP files3 at 86-89

09122/86

NJDEP

OPRA DEP files3 at 84

1 0/09/86

Reported by Tony Pierro

Status at scene of incident: 2 underground are infiltrating Incident referred to Mr. Cook

OPRA DEP files3 at 9-10; 1 1

1 0/09/86

FROM: Jean Adragna (NJDEP) TO: John Cook

1 0/09/86

NJDEP Incident Notification Report; incident reported by Joseph Ferriero Status at scene of incident: 2 USTs infiltrating gl'Oundwater

Tanks should be tested ASAP - if leaking, oil must be pumped, tank must be removed, and contaminated soil removed

List of contractors enclosed

at 1 3

OPRA DEP files3

OPRA DEP files3 at 1 4

05/12/87

DEP MEMO FROM: Jean Adragna TO: Spill File through Robert Zollner

08/27/87

1 1/6/87

Phone log

DEP Standard Reporting Form for the removal ofUST (04/27/87 - 3000 gal. unleaded gasoline tank

Recommend monitoring wells to determine how gasoline is entering storm sewer s), tem s

2-pg memo outlining the investigation and recommendations

2 USTs were infiltrating groundwater

10/09/86 Jos. Ferriel'O phoned to inform that

OPRA DEP files6 at 56-58

Borings needed along storm line to prove gasoline is not traveling underneath it or infiltrating the line itself Wells should be placed Gasoline sheen does enter the brook

Soil removal f rozen blc of lab deficiencies

OPRA DEP files6 at 1 5

1 1/ 13/87

FROM: John Cook TO: Dave Beeman (Hazmat)

Enclosing copy oflab repOit regarding soil . removed wI gas tank from DPW yard @ Aladdin Ave in Dumont UST Registration is about to expire Seeking permission to remove the dirt

OPRA DEP files3 at 46 Report at 47-82 Certificate of Insurance at 174 Certificate of

03/04/88

FROM: Arnold Schiffinan (Administrator, Water Quality Management Element NJDEP) TO: UST Facility_

Enclosing invoice

03/28/88 03/28/88 06/08/88

Owner/Operator

NJDEP

02110/89

Note: attached doc indicates date of 04/27/88 DPW Garage $ 1 00 4ue

Standard Reporting Fonn for removal of UST (04/27/87 -unleaded gasoline tank)

Alillual Certification Questionnaire

Site Maps

msurance at 175

Certificate of msurance at 190192 Certificate of msurance at 169 Certificate of msurance at 1861 89 OPRA DEP files3 at 5-7

NJ UST Program Registration mvoice

04/26/89

FROM: Joseph L. Vona (Municipal Excess Liability JlF) TO: Mayor and Council

Encl. data sheet requiring identification of the number and type of tanks (and any problems) NJDEP mvestigation - sulfur odors emanating f rom real' of refuse compactor truck after dumpster picked up from Dumont High NJDEP Duty Officer Notification Report Responsible party: Dumont High Attached data sheet is completed

09/30/89

09/30/89

mcident: fire in back of refuse truck caused odor of sulfur Responsible Party: Unknown

OPRA DEP files3 at 1-2

09/30/89

NJDEP Communications Center Notification Report

09/30/89

NJDEP Field Notice of Violations Responsible party: Dumont High

Status at mcident Scene: fire at DPW yard in back of a garbage truck. A couple of workers are being treated by paramedics. Local Hazmat is on scene

OPRA DEP files3 at 3-4

19901991 01116/90

EEC

Illegal disposal of hazardous waste by school employee resulting in chemical fire Soil and Well Logs, Drawings, and charts

OPRA DEP files3 at 8

Certificate of msurance

Certificate of msurance at 213

10-061 0_DEP_docs_vol 3 at 1-96

02/10/90

NJ UST

Program Registration mvoice DPW Garage $ 1 00 due for registration 02/01/90-01131191

Certificate of msurance at 216 Certificate of msurance at 209

02/21190

Annual Certification Questionnaire

02/28/90

FROM: John cook TO: HazMat

04/27/87, Borough removed gas tank and dirt; dirt stored @J DPW

Certificate of msurance at 203204

OPRA DEP files3 at 44-45

CC: Administrator Dominic

Never notified of how or ifthe dirt could be dumped and have been storing it all these years 02/06/90, discovered that the dirt had been taken from the DPW - don't know who took it or for what purpose

03/08/90

John Molinaro

03/14/90 03/1 5/90

Reporting oil sheen/spill in creek behind 128 Dickson St. Annual Certification Questiolmaire

NJDEP Communications Ctr Notification Report

Filed Dolice reDort regarding missing dirt

OPRA DEP files3 at 9 1

FROM: John Cook TO: Jos. Ferriero FROM: Peter Larsen TO: Mayors and Council Members; Municipal Excess Liability JIF American Environment Technologies

Responding to request for info on USTs in Dumont 09/23/88 US EPA issued final regulations for mgmt. of petroleum and chemical USTs Please complete attached survey form and return to PERMA

03/22/90

Certificate of Insurance at 193202

Celtificate of Insurance at 206207

05/17/90 05/17/90 0511 8190

American Environmental Technologies Corp.

Spill Clean-up and Emergency Response Price List Two (2) Daily Work Sheets

Enclosed forms are completed

05/21190 05/22/90

American Enviromnent Technologies Corp.

Daily Work Sheet Recently issued Provisional EPA ID number on emergency basis; will expire 30 davs from date of issuance

05/23/90

05/24/90

FROM: John Cook TO: Commissioner Farrell

FROM: John Cook TO: Mayor Moriarty; Commissioner Farrel

FROM: Janice Dudek TO: Denise Schneider (Dumont Sec'y)

Certificate of Insurance at 23 1

Certificate of Insurance at 234235

Certificate of Insurance at 226

List of phonecalls made immediately after gas leak detected on 05/17/90

Certificate of Insurance at 222223 Certificate of Insurance at 229

Rec'd price f rom American Environment Technology to Petro-Tite test the gas tanks DEP Report of phonecall Proposal for tank testing Cost is $825/tank

Certificate of Insurance at 230 OPRA DEP files7 at 5 5

05/28/90 05/30/90 FROM: American Environmental Technologies Corp. TO: John Coak (John Cook?)

06/0 1/90

06/01/90

DEP; Division of Water Resources; Bureau of

FROM: David Rubin through Joseph Miller (BUST) TO: Stefan Sedlak (Metro Bureau of Regional Enforcement) CC: Theodore Hayes; David Rubin

High priority

Enforcement referral form

Certificate of Insurance at 2 1 1 212

Violation: 05/17/90 gasoline leak from retaining wall btwn DPW & warehouse; gas spilled into a stream Complaint Incident Investigation Form

OPRA DEP files7 at 49

OPRA DEP files7 at SO-53

Underground Storage Tanks 06101/90 06106190 American Environment Technologies Corp. 06106190 FROM: John Cook TO: Janice Dudek (US EPA)

DEP report of phone call Invoice No. 6.1639 totaling $ 1 1,963.04 for spill cleanup work done on 05/17/90, 05/1 8/90, 05/21190 Requesting Permanent EPA ID number Incident that occurred on May 17, 1990 has not been resolved and could exceed the 30day allowance wi Provisional EPA ID number Notification of Regulated Waste Activity Filled out by John Cook Gasoline noticed coming out of ground in parking lot. Traced to leaking tank. Invoice no. 6.1645 for $ 1650 due for services testing a 3000 gal gasoline tank and a 2000 gal diesel tank Reporting 05/17/90 fuel leak and requesting DEP compliance inshuctions Case assignment (gas leak from abandoned UST) Division of Water Resources (DWR) will conduct investigation Notice of Violation - discharge of peh'Oleum product from abandoned UST John Cook signed for receipt of violation 06/1 8/90: Jos. Fen'iero reported fuel leak & requested info as to how to comply wi DEP 07/03/90: Anthony McMahon advised Ferriero that Division of Water Resources would conduct investigation and infolm Borough of any corrective requirements 07/03/90: rep from DWR conducted inspection and issued Notice of Violation for discharging petroleum from abandoned UST Borough must submit copies of implementation timetable wlin 30 days; modify timetable to conform wi DEP' s comments wlin 20 days of receipt of such comments; implement scope of work; submit report wlin 30 days of receipt of this letter containing info outlined herein Enc!. instructions from DEP re: leaking fuel tanks at Dumont DPW

OPRA DEP files7 at 54 CeItificate of Insurance at 217218 Certificate of Insurance at 219

06106190 US EPA

Certificate of Insurance at 220221 Celtificate of Insurance at 210 OPRA DEP files7 at 4 5 OPRA DEP files7 at 4 8 OPRA DEP files7 at 44 Certificate of Insurance at 215 Certificate of Insurance at 232233

06/07/90 FROM: American Environment Technologies Corp. TO: Dumont 06/1 8/90 FROM: Jeffrey Carney (Ferriero's office) TO: DEP Commissioner 06/19190 DEP 07/03/90 FROM: Anthony McMahon TO: Jos. Ferriero CC: DWR Director's Office; Stefan Sedlack; K. Goldstein 07/03/90 DEP

08113190 FROM: James Hamilton (DEP) TO: Mayor and Council CC: Assistant Commissioner Keith; Deputy Director Mumman; Anthony McMahon; Jos. Ferriero; Peter Lynch; Ken Goldstein; Stefan Sedlak

08/16190 FROM: Jos. Ferriero TO: John Cook

Celtificate of Insurance at 228

CC: Mayor and Council 09/12/90 FROM: Jos. FelTiero TO: Stefan Sedlak

09/14/90 FROM: Stefan Sedlak (DEP) TO: Mayor and Council CC: Anthony McMahon; Jos. FelTiero; Peter Lynch; Ken Goldstein; Stefan Sedlak

10/1 5/90 FROM: Jane Levandoski (BEC) TO: Walter Bell (DEP) CC: Jos. FelTiero; Theodore Sobieski

10/26/90

1 1/13/90

1 1114/90

1 1114/90

Review letter and comply w/ all requirements Leak detected on 05/1 7/90 Exhibit A is a memo from Jo1m Cook outlining exactly what he did upon discovering the leak On 05/1 8/90 the tank was removed by American Environmental Technologies Corp. Source dete1Tllined to be abandoned 1000gal UST DEP Division of Water Resources "recognizes your cooperative effort in notifying NJDEP of the leak from the tank, and for removing the tank according to the State's requirements. The division grants the request for a thirty (30) day extension to the Borough of Dumont to provide a stenwise implementation time table." EEC retained by Borough Attaching schedule of activities for compliance effort UST was removed @ time release was discovered Schedule 1 0/29/90 contaminated soil removal & post-soil sampling; 1 1/05/90 monitoring well installation; 1 1/19/90 first round of well sampling; 12/17/90 receipt of soil and groundwater analytical results; 01/06/90 [sic] completion of site characterization activities and submittal of report to DEP DEP Report of phonecall Appears to be signed by Walter Bell; person contacted Jane Levandoski Wells will not be installed on 10/29/90; expected to be installed sometime next week Report of phonecall; appears to be signed by Walter Bell; person contacted Jo1m Virgie Drilling tomOITOW 1 1/14/90 instead of today due to malfunction of drill rig Report of phonecall; appears to be signed by Walter Bell; person contacted - John Virgie Having problems w/ well drilling; will be starting late UST Facility Inspection Report
= = =

OPRA DEP files7 at 72-79

OPRA DEP files7 at 94

OPRA DEP files6 at 5-6

OPRA DEP files6 at 2 1

OPRA DEP files6 at 1 9

OPRA DEP files6 at 20

OPRA DEP files6

02/19191

FROM: John Cook TO: Mayor & council; Kathy Sayers (Clerk/Admin)

02/26/91

04/09191

FROM: John Virgie; Jane Levandoski TO: Stefan Sedlack CC: John Dotterweich (DEP): Jos. FelTiero; Theodore Sobieski

06/18/91

Encl. UST Questionnaire that must be filled out and retnrned in order to certify the tanks in the borough Filled out the form to the best of his knowledge; please look over and complete Also encl. requisition for $$ required to register the tanks DEP Report of phonecall Appears to be signed by S. Sedlack; person contacted "Jane Levandoski" EEC retained by Borough to conduct investigation; 5 monitoring wells installed; well downgradient of tank most recently removed was found to be clean; EEC will focus on tank that was removed 3-4 years ago DICAR will be delayed blc investigation to date reveals that the UST that was the subject ofthe completed investigation is not the source of the observed conditions that initiated the investigation (Le., the product seeping from a bank btwn the DPW garage propelty and the adjacent property following heavy rainfa1\). The UST that was the subject of this investigation was removed immediately after the seepage was observed and was thought to be the source of the observed product 5 monitoring wells have been installed + 1 round of groundwater samples from the we1\s Test results and "information gathered tlu'ough interviews with persons familiar with historic operations at the DDPW property suggest that a second gasoline UST that was formerly located between MW-4 and MW-5 as shown on the figure in Attachment A may instead bethe source of these concentrations. This UST was reportedly removed five or six years ago, apparently prior to promulgation of federal and state UST regulations." Several add'i monitoring wells wi\1 be installed enclosing add'i activities and repolt submittal Tier II Data Package Analytical Data Report Package for EEClEnvironmental & Energy
=

at 22-24 Celtificate of Insurance at 144145 1 149?

OPRA DEP files6 at 4

OPRA DEP files3 at 3 8-43

OPRA DEP files 5 at 128

Collected 05/09/91 and 05/10/91 Cover page only EEC Results of Add'l Soils and Groundwater Investigation April 1991, Borough submitted proposed schedule for activity which would provide for submittal of report to DEP for June 24, 1991 Borough has found add'l sources of contamination In the process of scheduling a meeting w/ Mayor and Council to discuss add'l testing and potential remediation Request 90-day extension to submit final report Follow-up to 06/26/91 letter Please advise as to position of extension reauest Re: 06/26/91 letter Granting request for 90 day extension to evaluate add' 1 testing and potential remediation NJDEP Communications Ctr Notification Report Reporting "soil contaminated with gasoline" at Dumont DPW "Officials Notified: Dumont Boro Pt!. Bland" 90-day extension ofNJDEP time to complete supplemental activities is needed Reasons for extension outlined below "As you know authorization to proceed with the supplemental activities was not granted until August 27, 1991 by the Dumont Mayor and Borough Council, 64 days into the 90-day period granted by the NJDEPE. EEC understands that the delay in granting authorization was caused by the Borough' s summer schedule during which meetings at which funds can be allocated occur infrequently. " Add'l technical reasons also described Add'l costs will be incuned for mobilization and operation ofthe add'l drilling equip. Anticipated schedule of activities enclosed Enclosing report rec'd from EEC Add'l sources of contamination have been OPRA DEP files7 at 1 10-1 1 1 OPRA DEP files7 at 1 0 6 OPRA DEP files7 at 1 07-108 Sent to Matu1ewicz OPRA DEP files7 at 105

06124/91 06/26/91

FROM: Jane Levandoski TO: Jos. Feniero FROM: Jos. Ferriero TO: Stefan Sedlak CC: Theodore Sobieski; John Dotterweich; Mayor & Council

07/03/91

FROM: Jos. Feniero TO: Stefan Sedlak FROM: Stefan Sedlak TO: Jos. Ferriero CC: Anthony McMahon; Borough; Peter Lynch; Ken Goldstein; Stefan Sedlak Jane Levandoski

07117/91

09/12/91

OPRA DEP files3 at 3 7 OPRA DEP files3 at 90 OPRA DEP files3 at 33-35

09/24/9 1

FROM: Jane Levandoski TO: Jos. Ferriero CC: Theodore Sobieski; Michael Appleyard

09126/9 1

FROM: Jos. Ferriero TO: Stefan Sedlack (NJDEP)

found . . . requiring the installation of a steel casing to prevent add'l contamination

Enclosing anticipated schedule of activities Requesting extension until 12/20/9 1 in order to furnish DEP wi report Site investigation has been transferred to Division of Responsible Party Site Remediation, Discharge Response Element OPRA DEP files7 at 1 09

10/03/91

FROM: Gloria Grant (DEP) TO: Jos. Ferriero CC: Theodore Sobrieski (BEC)

In order to update DEP files and facilitate

transfer of case to different case mgr, requesting brief status update of activities implemented since June 1991 andlor planned through December 1991

1 0129/9 1

NJDEP Enforcement referral form 2 USTs removed; soil contamination discovered case referred to Gloria Grant Test Report No. A26006 Borough must immediately initiate free product recovery Test Report No. A2601 1 Enclosing communication from DEP; requesting to take steps to comply wi NJAC 7 : 1 4B-8.2 Borough will immediately entertain free product recovery Jane Levandoski has been directed to initiate same Re: Procedures for Free-phase Hydrocarbon Recovery FPHC recovery will be completed through hand bailing Hand bailing will be conducted by DPW employees f ollowing training by EEC in proper procedures and safety considerations Recovered FPHC will be collected in drums for proper offsite disposal The frequency at which hand bailing will be performed will be detennined during the first several weeks of the recovery eff ort and will be based on the rate of FPHC recharge in the welles). The anticipated rate is once per day or couple of days.

OPRA DEP files3 at 3 6

1 11 1 8191 1 1/19/91

Carmine M. Fioriglio (AnalytiKEM) FROM: Gloria Gant (NJDEP) TO: Jos. Ferriero CC: Jane Levandoski (EEC) Carmine M. Fioriglio (AnalytiKEM) FROM: Jos. Ferriero TO: Jane Levandoski CC: DEP; Mayor and Council FROM: Jos. Ferriero TO: Gloria Grant CC: Jane Levandoski; Dumont Mayor and Council FROM: Jane Levandoski (BEC) TO: Gloria Grant (DEP) CC: Dumont Mayor and Council; Jos. Ferriero; Theodore Sobieski

OPRA DEP filesS at 1 12-126 10-061 0_DPE_docs_vol 6 at 46-50 OPRA DEP filesS at 94- 1 1 0 OPRA DEP files7 at 1 12 OPRA DEP files7 at 1 13

1 1/21/9 1 1 1/22/91

1 1/25/91

12/02/9 1

OPRA DEP files7 at 1 14-1 1 5

12111191

FROM: Jos Ferriero TO: Gloria Grant CC: Jane Levandoski

Request 30-day extension for DrCAR

OPRA DEP files3 at 30-31

12/11191 12/18/91

FROM: Jane Levandoski TO: Jos. Ferriero FROM: Grant TO: Ferriero CC: Levandoski Dumont DPW EEC

Explaining reason for extension ofDlCAR due date Granting 12/1 1/91 request for extension of time to submit DlCAR until 0 1/20/92 [sic; letter says 01/20/9 1] Product Recovery/Well Inspection Logs Figure 6: Site Map with Soil Sample Laboratory Results: Aladdin Park Dumont DPW

OPRA DEP files3 at 29, 32 OPRA DEP files7 at 1 1 6 Construction Permit at 65-81 OPRA DEP files3 at 92-95 10-061 0_DEP_docs_vol I at 1-78

19921993 01/17/92

01/21/92

FROM: Jane Levandoski (EEC Environmental) TO: Gloria Grant (NJDEP) CC: Marvin Katz (Dumont); Jos. Ferriero; Richard Grzywinski (EEC); Emilv Cord (EEC) FROM: Levandoski TO: Grant CC: Ferriero; Katz; Cord-Duthinh FROM: John Cook TO: Mayor Wiuant; Council; Marvin Katz

Re: Dumont DlCAR Summary (Discharge Investigation & Corrective Action Report) NJDEP 90-05-17-1 528M Enclosing 3 copies ofDlCAR

0 0

0 1128/92

Enclosing DlCAR

OPRA DEP files7 at 1 17-120

04/03/92

0 0

Attaching State regulations for USTs Advising that tanks currently do not comply wi any of the regulations Tanks are 1 0 years old and should be replaced Fines for noncompliance will be steep and this should be acted on ASAP BUST DlCAR Deficiency checklist (marked internal use only) BUST DlCAR Deficiency checklist Ferriero's office is counsel in connection wi Dumont DPW office Please advise as to status ofDEP review; "municipality is eager to resolve this matter" Industrial Site Evaluation Element BUST Document Transmittal Form Re: transmittal of Deficiency document Borough must address remaining UST concerns, outlined herein Borough required to submit RAW wlin 90 days of receipt ofthis letter

Certificate of Insurance at 1 3 - 1 4 (including regulations)

04/14/92 10/02/92 10/19/92 FROM: Ferriero TO: Ruhl CC: Levandoski; Mayor and Council

OPRA DEP files6 at 2 5-27 OPRA DEP files7 at 1 2 1

0 0

1 0/29/92

OPRA DEP files3 at 105-106 1 0-061 0_DPE_docs_vol 6 at 5 1 -60

1 0/30/92

FROM: Kevin Kratina (NJDEP Chief of BUST) TO: Jos. Ferreiro; Marvin Katz; John Cook CC: Steven Tiff mger (Bergen County Dept of Health Svcs); John Ruhl (BUST); Jane Levandoski (BEC) FROM: Kevin Kratina (NJDEP) TO: Jos. Ferreiro; Marvin Katz; John Cook CC: Steven Tiffinger (Bergen

1 0/30/92

Lengthy letter indicating matters of noncompliance and DPW site, liability issues, and required remediation to reach compliance

Celtificate of Insurance at 20-30 Enclosure: UST

County Dept of Health Svcs); John Ruhl (BUST); Jane Levandoski (BEC) 1 1/12/92 NJDEPlDumont 0111 1193 FROM: Mike Tompkins (NJDEP) TO: UST Owner

Registration Package (at 3 1)

Filled out UST Registration Questionnaire

02/03/93

FROM: John Cook

02/04/93 FROM: Jane Levandoski TO: John Ruhl CC: Marvin Katz; Jos. Ferriero; Richard Grzywinksi

02/08/93 02/1 0/93 02/17/93 FROM: NJDEP TO: Dumont

02/19193 FROM: Mark Fisher (NJDEP) TO: Ferriero; Katz; Cook CC: Ruhl, Tiffinger, Levandoski 05/26/93 FROM: Jane Levandoski; Edward Nemecek TO: Jolm Ruhl CC: Marvin Katz; Jos. Ferriero 07/12/93 FROM: John Foster (Boswell) TO: Marvin Katz CC: Mayor and Council; John Cook

08/1993 08111/93 0811 1/93

FROM: Boswell McClave (John Foster) TO: Borough

Enclosing completed Registration Form Form is deficient because (1) fee has not been submitted ($100) and (2) Standard ReDorting Form not filed Construction Completed NJDEP Standard Reporting Permit at 57-58 Form for Removal ofUST OPRA DEP files3 Info requested to modify due date for at 24-26 remedial plan Conditions at the site are fairly complex; Remedial investigation being conducted in a phased manner Sources of contamination in some areas are currently not known OPRA DEP files3 BUST Fee Paysheet ($100 rec'd) at 85 Construction NJ UST Program Registration Invoice Permit at 59 ($100 due) OPRA DEP Industrial Site Evaluation Element BUST files3 at 103-104 Document Transmittal Fotm Re: Transmittal of RAW Extension OPRA DEP Re: 02/04/93 letter files3 at 27-28 Granting request for extension of time to submit sample results and RAW OPRA DEP files3 RE: Notification of Need to Revise at 22-23 Schedule Confuming phonecall earlier that morning wherein they discussed the need to revise the schedule Construction Submitting proposal for UST removal and Permit at 27-33 replacement (remove 275-gal waste oil, 2000-gal diesel, 3000-gal unleaded gas; install 500-gal waste oil and dual compartment 5000-gal diesel and unleaded) Total project cost $55,260 Construction UST Closure Plan Permit at 35-45
=

Certificate of Insurance at 15-18 Construction Permit at 60-64

UST Closure Plan Approval Application Enclosing docs in connection w/ UST Closure Plan (Application; Closure Plan; Location Plan; Fee)

FROM: John Foster (Boswell McClave) TO: Anthony Cinque (NJDEP) CC: Mayor and Council; Marvin Katz; John Cook (DPW

OPRA DEP files3 at 15-18 Construction Permit at 1 1 Construction Permit at 34

Superintendent); Ronald Ferrari (Construction Code Official) 08/17/93 08/26/93 NJDEP Stream Encroachment Application

BUST fee pmt ($51 0) Application No. 0210-93-00021 Dumont application for approval of a project along a stream UST System Closure Approval - to remove one 500-gal waste oil UST and appurtenant piping On-site mgr John Foster UST System Closure Approval - to remove one 2000-gal diesel/fuel oil UST and appurtenant piping On-site mgr John Foster UST System Closure Approval - to remove one 3000-gal gasoline UST and associated piping On-site mgr John Foster Enclosing revised copy of proposal from Metro-Tank for removal of 3 tanks and installation of 2 new tanks at DPW Yard Must place order by 09/15193 in order to take advantage of contract prices ($59,592.80) Letter granting Closure Approval

OPRA DEP files 5 at 1 6 1 Construction Permit at 6 Construction Permit at7 Construction Permit at 4 Construction Permit at 1 6 Construction Permit at 5 Construction Permit at i 7 Construction Permit at 12 Construction Permit at 46 Construction Penn it at 25-26

08/27/93

NJDEP

08/27/93

NJDEP

08/27/93 NJDEP

08/3 1/93

FROM: John Foster (Boswell) TO: Mayor and Council CC: Marvin Katz; John Dudas; John Cook

09/08/93

FROM: NJDEP TO: Applicant

Construction Permit at 47 [Blank Standard Reporting Form at 48] [Blank Site Assessment Summary at 4953] Certificate of Insurance .at 161 Construction Permit at 18-21 (including enclosures) Construction

09114/93

09/24/93

FROM: John Foster (Boswell) TO: Marvin Katz CC: Mayor and Council; John Cook FROM: John Foster (Boswell)

Enclosing Closure Approvals dated 08/27/93 Enclosing Standard Reporting Form and Site Assessment Summary Recommendation for bid ofUST project

1 1/02/93

TO: Mayor and Council CC: Beth Schafer (Borough); Marvin Katz; John Dudas; John Cook FROM: (Boswell) TO: Mayor and Council CC: Marvin Katz; John Cook

Pennit at 56

12/27/93 FROM: Matthew Murphy (Boswell) TO: Frank Comiskey (Castle Excavating) CC: Mayor and Council; Marvin Katz; John Cook; John Foster

01113/94 FROM: Frank Cumiskey (Castle Excavating) TO: Matt Murphy CC: Marvin Katz 01114/94 FROM: John Foster (Boswell McClave Engineering) TO: Anthony Cinque (NJDEP) CC: Mayor and Council; Marvin Katz; John Cook; Ronald Ferrari

02/01/94 01/3 1/95 02/15/94 FROM: John Foster (Boswell) TO: Frank Cumiskey CC: Marvin Katz; John Cook;

Boswell reviewed 4 bids (rec'd 10/28/93) for UST removal and installation Boswell recommends lowest bidder Castle Excavating for removal - bid $7795.00 Boswell recommends lowest bidder MetroTank for installation - bid =$64,922.50 ConfIrming pre-construction meeting discussions held on 12/08/93 @ Borough Hall Scope of works involves removal of 3 USTs (250-gal waste oil, 2000-gal diesel, 3000gal unleaded gasoline) Castle Excavating was low bidder @ $7,795.00 Discussion of who will do what Frank Comiskey will run the job John Cook will work to empty the tanks Boswell will get demolition pennits and arrange for soil testing to be done by Laboratory Resources Castle will markout existing lines and follow specs for tank removal Excavation will be backfilled wI clean material Pmt will be made by Borough @ end of January . Encountered a condition outside the scope of the contract - found a concrete slab that needs to be broken up and disposed; will cost extra Enclosing docs in connection wI UST Closure Plan (Standard Reporting Fonn and Implementation Schedule) Gasoline tank (E-l ) was removed 01110/94 and diesel (E-3) and waste oil tanks (E04) were removed 0111 1194 Will submit Site Assessment Summary wlin 90 days UST Registration Certificate for DPW Garage UST 0026606 (unleaded gasoline; medium diesel fuel; waste oil) Re: 01/13/94 letter and 02/08/94 invoice concerning site conditions of UST removal Rejecting the claims
=

Construction Pennit at 54-55

Construction Pennit at 22-24

Certificate of Insurance at 155

Construction Pennit at 8-1 0 Certificate of Insurance at 129131

Certificate of Insurance at 1 5 1

Certificate of Insurance at 123124

02115/94

John Dudas FROM: Matthew Murphy (Boswell) TO: Jim Newton (Metro-Tank) CC: Mayor and Council; John Cook; Jack Eckel; Marvin Katz; Kevin Dunne; John Foster

Conf mning pre-construction meeting discussions held on 02/10/94 @ Borough Hall

Certificate of fusurance at 164166

03/17/94 FROM: John Foster (Boswell) TO: Frank Comisky CC: Mayor and Council; Marvin Katz; John Cook 03/24/94 FROM: John Foster TO: Mayor and Council cc: Marvin Katz; John Dudas; Robert Rieselman (Metro-Tank) 03/24/94 03/28/94 FROM: John Foster (Boswell McClave) TO: NJDEP 03/28/94 FROM: John Foster TO: Marvin Katz CC: Mayor and Council; John Cook 03/29/94 FROM: John Foster TO: James Newton (Metro-Tank) CC: Mayor and Council; Marvin Katz; John Dudas; John Cook 03/30/94 FROM: James Newton TO: John Foster (Boswell) CC: Mayor and Council; Marvin Katz; John Dudas; John Cook

Confirming 03/17/94 telephone conversation regarding items remaining to be completed on UST removal project Metro-Tank informed Boswell that it it could install the UST wlo having to shore for employee safeting UST Registration Questionnaire Annual Certification Enclosing Annual Celtification UST Registration Questionnaire Encl. voucher for $9,589 for Laboratory Resources, fuc. for analyzing soil samples from the 3 USTs recently removed Tests were required by NJDEP as part of the site assessment summary for tank closures Re: 03/28/94 fax concerning add'l costs for UST installation Disagree wi proposed charges Advising of current status of project at Dumont DPW "Work has been suspended pending decision regarding possible modification of the system . . . " "This is the second time that work has been held up on this project awaiting decisions." Details additional work that Metrotank has done Looks like at least 1 page is missing Acknowledging receipt of application for pClmit to construct, install, or alter control apparatus or equipment and certificate to operate control apparatus or equipment NJDEP Remediation Programs Summary Report Submission of: Site Assessment Summary Site Dia,gram

Celtificate of fusurance at 1 53 Certificate of fusurance at 127128

Certificate of fusurance at 158

Certificate of fusurance at 125126 Certificate of fusurance at 1 67168

05/05/94 FROM: Chief ofDEP TO: John Foster CC: BNSR File 05/12/94 05/13/94 FROM: John Foster TO: John Ruhl CC: Marvin Katz; Jos. FelTiero

Certificate of fusurance at 157

OPRA DEP files 5 at 139-160

05123/94 FROM: Chief ofNJDEP TO: John Foster CC: BNSR File; Regional Office

Decommissioning Plan Soil Sample Results and Summary Pennit to Construct, Install or Alter Control Apparatus or Equipment

Certificate of Insurance at 140141 Certificate of Insurance at 1 63 Certificate of Insurance at 162

05/23/94 NJDEP

OS/24/94 FROM: Chief ofNJDEP TO: John Foster CC: BNSR File; Regional Office 06124/94 FROM: John Foster TO: Frank Cumiskey CC: Marvin Katz; John Cook

06/27/94 FROM : John Foster TO: Marvin Katz Cc: Mayor and Council; John Cook; Building Dept.; John Dudas

08/02/94 FROM: Dudas TO: Ruhl 08/1 1/94 John Ruhl

08/18/94 08/18/94

08/19/94 FROM: Maty Anne Kuserk TO: Marvin Katz; John Cook; John Dudas CC: Mark Pedersen, Steven Tiffmger; Jane Levandoski

Certificate of Insurance at 137139 Encl. completed voucher for the work done Certificate of removing 3 USTs; pmt indicates completion Insurance at 1 56 and acceptance of all work on contract Review, sign, and return voucher to Boswell for processing Certificate of Encl. Voucher No. 3 in the amount of Insurance at 1 59 $22,132 for payment to Metro-Tank, Inc. for completed work done on installation of 6,000 gal UST Total adjusted contract price for the project is $88,579.50 Boswell reconunends paying the remaining $22K OPRA DEP files7 Confuming discussion ofpart of the site as at 122 roller hockey rink Enclosing site map OPRA DEP files3 Industrial Site Evaluation Element BUST at 102 Document Transmittal Fonn Re: transmittal orCase Transfer Approved for release (signed MAK) NJDEP Summaty Report OPRA DEP files3 Industrial Site Evaluation Element BUST at 101 Document Transmittal Fonn Re: transmittal of Case Transfer document; MOA Package Approved for release (signed MAK) DPW site and Aladdin Park have previously OPRA DEP files 5 at 132-133 been addressed as one site Because the contamination is located at 2 distinct sites wi separate addresses, it is necessaty to divide the area into 2 separate cases Borough is required to investigate the DPW site

5-year certificate to Operate Control Apparatus or Equipment Expires 05/23/99 Location: DPW Garage Pennit to Construct, Install or Alter Control Apparatus or Equip

08/23/94 FROM: Mary Anne Kuserk TO: Man-in Katz; John Dudas CC: Pederson, Tiffinger, Levandoski

08/25/94 FROM: Jos. Ferriero TO: Mary Anne Kuserk CC: Marvin Katz 09/16194 FROM: Boswell Engineering TO: Ronald Ferrara (Building Inspection; Borough ofDumont) CC: John Cook (wi encl.) 09/30/94 John Ruhl

Enclosing MOA If Borough wants to address the USTs and the contamination from the unknown source at the DPW under one case mgr, then Borough must indicate so using the MOA Contamination at 2 distinct sites wI separate addresses must divide the area into 2 cases Enclosing MOA package Borough is required to investigate the site in order to ID areas of concern that may be contributing to the contamination 08/19/94 letter was forwarded to Fen'iero Please call to discuss combining the 2 cases to 1 case number Enc!. "As-Built" Location Plan Sheet 1 of 1 Enc!. Mechanical details "As-Built" sheet 1 of2 and 2 of2 Industrial Site Evaluation Element BUST Document Transmittal Fonn Re: Transmittal of" 1 O-day late (modified)" Approved for release 09/30/94 Re: Overdue Report On 10/30/92, DEP sent letter to Borough requiring submission ofRAW by 07/06/93 On 05126/93 HLA sent a letter to DEP describing the need for extra time; revised schedule was to be completed but DEP has yet to receive anything from Borough Borough is in violation for failure to submit a schedule of activities W/in 10 days, Borough must submit required report or indicate to BUST that it will enter into MOA Violations ofNJSA 58:1 0A-21 et seq. and NJAC 7:14B et seq. subject violators to fines ofup to $50Klday Industrial Site Evaluation Element BUST Document Transmittal Fonn Re: Transmittal of letter Approved for release on 10/05/94 (signed MAK) Enc!. review & approval voucher ($1 559) for pmt to Castle Environmental Contractors Forwarded Ruhl' s 10/04/94 letter to EEC for their comments

OPRA DEP files7 at 123-124

OPRA DEP files 5 at 137-138 Certificate of Insurance at 152 (w/o encl.) OPRA DEP files3 at 100

10/04/94 FROM: Lee Hendricks (John Ruhl for) TO: Marvin Katz; John Cook; John Dudas CC: Mark Pedersen, Steven Tiffinger; Jane Levandoski

OPRA DEP files 5 at 1 3 5-136

10105/94 John Ruhl

OPRA DEP files3 at 99

10/05/94 FROM: John Foster TO: Marvin Katz CC: Mayor and Council; John Cook 10/07/94 FROM: Jos. Ferriero TO: John Ruhl

Certificate of Insurance at 154 OPRA DEP files 5 at 134

10/07/94 FROM: Mary Anne Kuserk (NJDEP) TO: Jos. Ferriero CC: Marvin Katz; John Cook; John Dudas; Mark Pedersea; Steven Tiff mger; Jane Levandoski 10/21/94 FROM: Gregory Albright TO: John Ruhl CC: Marvin Katz; Jos. Ferriero

Re: Ferriero's 08/25/94 letter requesting that DPW site and Aladdin Park site be designated by one case number Dept has separated the area into 2 sites for reasons outlined in letter Enclosing schedule which HLA is sending to DEP on behalf of Borough "The attached schedule lists the tasks that the borough of Dumont has authorized HLA to perform, the task's status, and scheduled completion date." Requesting extension of report due date to 12/16/94 Please approve Gregory Albright's proposed schedule in an expeditious manner Industrial Site Evaluation Element BUST Document Transmittal Form Re: transmittal of Extension Re: extension for submittal ofreports Approval of request for extension for submission ofRAWs Reports were due 07/06/93; now due 12/1 6/94 NJ UST Registration Invoice Submission of test sample UST FacilitY Questionnaire Enc!. Voucher No. 3 in the amount of $20,182 for payment to Metro-Tank Inc. for installation of 6000 gal UST Pmt does not include $1950 for initial cost of installing single hose diesel pump Total adjusted contract price is $86,629.50 Boswell recommends paying remaining $20, 1 82 HLA will be submitting remedial investigation addenda and proposed remedial actions on behalf of Dumont in response to DEP's 1 0/04/94 letter; expected to be submitted 0111 8/95 Supplemental Remedial Investigation Results and Proposed Remedial Action: Aladdin Park Property; Twinboro Lane And Aladdin Avenue Supplemental Remedial Investigation

Certificate of Insurance at 1 1 11 12

OPRA DEP files 5 at 1 3 0-131

1 0/25/94 FROM: Jos. Ferriero TO: John Ruhl (DEP) 10/25/94 John Ruhl

OPRA DEP files7 at 125 OPRA DEP files3 at 98 Certificate of Insurance at 1 13114

1 0/27/94 FROM: Lee Hendricks (NJDEP) TO: John Dudas; Jos. Ferriero; Marvin Katz; John Cook CC: Steven Tiffinger; Gregory Albright 1 lI26/94 12/02/94 FROM: Remo Gigante (Nytest Environmental) TO: Greg Albright 12/29/94 12/29/94 FROM: John Foster TO: Marvin Katz CC: Mayor and Council; John Cook; Building Dept.; John Dudas

Certificate of Insurance at 1 3 6 OPRA DEP files5 at 6-31

Certificate of Insurance at 160

0 1104/95

FROM: Gregory Albright TO: John Ruhl CC: Marvin Katz; Jos. Ferriero

OPRA DEP files 5 at 129

01117/95

HLA

1 0-061 0_DPE_docs_vol 6 at 1-82

01/17/95

HLA

01/1 8/95 FROM: Gregory Albright (HLA) TO: John Ruhl (DEPfBUST) CC: Marvin Katz; Jos. Ferriero 01/17/95 HLA

01117/95

HLA

01117/95

HLA

02/17/95

05/12/95

Johu Ruhl

05/12/95

Johu Ruhl

Results and Proposed Remedial Action: Aladdin Park Property; Twinboro Lane And Aladdin Avenue Appendices D, E, F Appendix H D Monitoring Wen and Piezometer Completion Logs and Elevation Survey Data E Groundwater Sanlpling FOlms H Aquifier Test Analysis Curves Supplemental Remedial Investigation Reports for DPW site and Aladdin Park site Volume I of IV (including appendices) Supplemental Remedial Investigation Results and Proposed Remedial Action: Dumont DPW Yard; One Aladdin Ave Volume ll ofN Cover page only Supplemental Remedial Investigation Results and Proposed Remedial Action: Dumont Department of Public Works Yard; One Aladdin Avenue Volume ill ofN Cover page and Appendix F cover page only Supplemental Remedial Investigation Results and Proposed Remedial Action: Dumont Department ofPublic Works Yard; One Aladdin Avenue Volume N ofN Appendix G cover page only Appendix H Site Evaluation Criteria Site Dumont DPW Re: evaluation at Hirshfield Brook "Both soil and GW require RI" (Both soil and groundwater require remedial investigation?) Memo to file from Johu Ruhl Reviewed Supplemental Remedial Investigation Results and Proposed Remedial Action, Volumes II and ill of IV The analyses indicate that contamination is present exceeding GWQS Memo to file from Johu Ruhl Reviewed AnalytiKEM Test Report No. A2601 1 data package for groundwater samples obtained 1 1/01/91 from Monitoring wens
= = = =

OPRA DEP files4 at 1-121 OPRA DEP files4 at 122

OPRA DEP files4 at 123-124 OPRA DEP files5 at 3 3-92

OPRA DEP files4 at 125-137 OPRA DEP files5 at 4-5

OPRA DEP files3 at 107

OPRA DEP files5 at 32

OPRA DEP files5 at 93

05/12/95

John Ruhl

05/12/95 John Ruhl

05116/95 06/09195 John Ruhl

06/12/95

FROM: Lee Hendricks (NJDEP Bureau of Underground Storage Tanks (BUST)) TO: John Dudas (Dumont Atty); Marvin Katz (Dumont Admin.); John Cook (Dumont DPW) CC: Steven Tiffinger (Bergen County Dept of Health); Jos. Ferriero; Gregory Albright (HLA) FROM: Lee Hendricks (NJDEP BUST) TO: Marvin Katz; John Cook; John Dudas John Ruhl

Analyses indicate that contamination is present exceeding GWQS Memo to file from John Ruhl Reviewed AnalytiKEM Test Report No. A26006 data package for groundwater samples obtained 10/31/91 from Monitoring wells Analyses indicate that contamination is present exceeding GWQS Memo to file from John Ruhl Reviewed Analytical Data Report Package for ground water samples obtained 05/091 0/91 from monitoring wells Analyses indicate that contamination is present exceeding GWQS Memos to file from John Ruhl Reviewed of docs Phase II Industrial Site Evaluation Element BUST Document Transmittal Form Re: transmittal of SIfRl Fee Request for UST 0026606 Re: RAW dated 01/17/95 NJDEP 90-05-17-1528 (aka 90-05-17 -1620, 91-12-1533, 90-03-08-1 8 1 1) Borough has to enter into MOA in order to have only 1 Department Case Mgr. oversee the site (BUST only has authority to handle UST issues, not non-UST issues) Remedial Investigation Workplan (RIW) conditionally approved; deficiencies described herein Must send $1000 review fee for DICAR

OPRA DEP files5 at 1 1 1

OPRA DEP files 5 at 127

OPRA DEP files6 at 7-8 OPRA DEP files3 at 96

10-0610 DEP docs vol 2 at 27-34

-

10-0610_DEP_docs_vol 5 at 21-28 Certificate of Insurance at 1 1 5122 Certificate of Insurance at 32-33 OPRA DEP files3 at 97 10-0610_DEP_docs_vol 5 at 29-39 Celtificate of Insurance at 142143 (pages I and 2 only) 10-06-

06/12/95

06/20/95

06/20/95

08/09195

FROM: Lee Hendricks (NJDEP Bureau of Underground Storage Tanks (BUST)) TO: John Dudas (Dumont Atty); Marvin Katz (Dumont Admin.); John Cook (Dumont DPW) CC: Steven Tiffinger (Bergen County Dept of Health); Jos. Ferriero; Gregory Albright (HLA) FROM: Gregory Albright (HLA);

Industrial Site Evaluation Element BUST Document Transmittal Form Re: transmittal ofRlW Approval Re: 01/1:7195 RAW and 05/13/94 SIR NJDEP 86-1 0-09-05M (aka 86-09-22-0 1M) RlW is conditionally approved; remaining deficiencies described herein

Re: Proposal to conduct supplemental

Bharat Patel (HLA) TO: John Dudas (Dumont Atty); Marvin Katz (Dumont Admin.); Jolm Cook (Dumont Superintendent ofDPW) CC: Jos. Ferriero

10/03/95

FROM: Gregory Albright (HLA); Bharat Patel (HLA) TO: John Dudas (Dumont Atty); Marvin Katz (Dumont Admin.) CC: Jos. Ferriero; David Stanton (HLA)

10/10/95 FROM: NJDEP To: Borou j\h 10/3 1/95 01/01/96 01/0 1/96 FROM: Borough of Dumont

remedial investigations Proposal wlin regulation requirements made by NJDEP NJDEP 86-10-09-05M; 90-05-17-1528 Proposal includes prep of2 applications for NJDEP - (1) Memorandum of Agreement (MOA); (2) designation of Classification Exception Area (CEA) (required component of Remedial Action Work Plans (RAW) HLA Services Agreement @ 17-20 Model MOA @J 23-26 Re: Overdue invoices, product recovery, proposal to conduct supplemental remedial investigations NJDEP 86-10-09-05M; 90-05-17-1528 2 outstanding invoices @ $19,781.57 and $7,824.15 Inquiring about status ofHLA's 08/1995 proposal NmST Registration Invoice ($100) UST Facility Questionnaire

IO_DEP_docs_vol 2 at 3 -26 Celtificate of Insurance at 34-55

10-0610_DEP_docs_vol 2 at 1-2

01122196

FROM: Jos. Ferriero TO: Henry Amoroso CC: Dumont Mayor and Council

01/29196 FROM: Henry Amoroso (?) TO: Wm. DeLorenzo (7) 0113 1/96 FROM: Jos. Pojanwoski TO: Mayor Winant CC: Elizabeth Schafer (Clerk, Borough of Dumont); Jolm Foster;(Boswell McClave Engineering); Gregory Albright (HLA); Henry Amoroso 02/13/96 FROM: Greg Albright TO: Wm. DeLorenzo

UST Registration Certificate 01101196 to 12/31198 Resolution 96-002 Jos. Pojanowski appointed 1996 Borough Atty Henry Amoroso appointed 1996 Borough Litigation Atty Mark Ruderruan appointed 1996 Borough Labor K Counsel Inforrued that Amoroso will be taking over Dumont leaking fuel tank matter Files are voluminous; please schedule appt to review materials to save Municipality photocopying costs Arrange for appt wI Jos. Ferriero regarding the attached (01/22/96 1etter from Ferriero) Conf mning meeting scheduled for 02112/96 @9:30am

Certificate of Insurance at 68 OPRA DEP files6 at 73-76 Certificate of Insurance at 56-57 10-0610_DEP_docs_vol 2 at 35-36

1 0-061 0_DEP_docs_vol 5 at 177

10-061 0_DEP_docs-vol 5 at 176-177 10-0610_DEP_docs_vol 5 at 175

Looked @ photos showing sewage treatment plant

1 0-061 0 DEP docs vol

02/15/96 FROM: Jos. Pojanowski TO: Henry Amoroso 03/14/96 FROM: David Terry (LBG) TO: Donald Winant

FROM: Gregory Albright (HLA); Bharat Patel (HLA) TO: Wm. DeLorenzo CC: Donald Winant; Jos. Pojanowski 04/12/96 FROM: Henry Amoroso TO: David Terry CC: Mayor Winant; Councilman Licameli

04/01/96

Need to search for earlier photos and blow up to see anything useful Enclosing copy of Resolution authorizing HLA to prepare necessary docs for NJDEP to consolidate review work w/ one case mgr Understands that the Borough is frustrated b/c a significant amount of effOlt has been expended in investigating the contamination, yet NJDEP and Borough's environmental consultant continue to suggest that more sampling be completed Took a look at the site, conclusions stated herein Scope of Work outlined Enclosing HLA draft MOAs, in need of input for completion Make changes, sign, and submit to NJDEP Provide a copy of signed MOAs to HLA after they have been submitted NJDEP Conf mnation of meeting w/ Winant, Licameli, DeLorenzo, and Amoroso on 05/01/96 @ 1 1am

5 at 166 10-061 0_DEP_docs_vol 5 at 1 65 10-0610_DEP_docs_vol 5 167-174

10-0610_DEP_docs_vol 5 at 164

10-0610.-DEP_docs_vol 5 at 162 10-0610_DEP_docs_vol 5 at 163 10-0610_DEP_docs_vol 5 at 160-161

05/03/96 FROM: David Terry (LBG) TO: Donald Winant; Henry Amoroso

05/06/96

FROM: Environmental Claims Administration (NJDEP) TO: Bill DeLorenzo

Follow-up of 05/01/96 meeting, where we agreed that Dumont should proceed w/ consolidating oversight of environmental issues into single MOA Amoroso and DeLorenzo will prepare MOA and send to LBG for review, after which MOA will be submitted to NJDEP by NA on behalf of Dumont Once MOA is in place, LBG will prepare summary document for submission to new NJDEP case mgr LBG will provide Dumont w/ map by 05/15/96 LBG has borrowed docs from Dumont's files; LBG will copy and retum originals to Dumont Work can be completed by LBG w/in scope of 03/12/96 proposal Attaching revised procedures for requesting 10-061 0_DEP_docs_vol f mancial assistance from Hazardous 5 at 124-1 3 5 Discharge Site Remediation Fund (including the attachment)

05/08/96 FROM: Wm. DeLorenzo (NA) TO: David Teny (LBG) 05/09196 FROM: Jos. Pojanowski TO: Gregory Albright (HLA) CC: Borough Clerk; Henry Amoroso; Mayor and Council

05/1 1/96 FROM: Herny Amoroso (7) TO: Wm. DeLorenzo 7) 05/1 1/96 FROM: Herny Amoroso TO: Jos. Pojanowski CC: Donald Winant; John P. Foster 05115/96 FROM: Steven Wielkotz (CPA Ferraioli Cerullo & Cuva) TO: Henrv Amoroso 05120/96 FROM: Lee Hendricks

10-0610_DEP_docs_vol 5 at 123 10-06Rec'd HLA invoice Detennined that HLA may not have acted in I O_DEP_docs_vol the best interest of the Borough and did not 5 at 1 58-159 perfonn in an acceptably professional manner Council considering whether it will file an action for reimbursement for fees previously paid and for other damages. Borough will not be paying bill for $1,103.07 Borough feels betrayed as it recently learned that sources of funding may have been available and that HLA should have made a diligent inquiry wi respect to US Anny's liability for USTs Will advise once Borough receives more fonnal report Please do not perfonn any more work for Dumont 10-06Please forward copy of Borough Tank 10_DEP_docs_vol Litigation billing, to date 5 at 156 Seeking to discuss guidelines for settlement 10-061 0_DEP_docs_vol relative to Dumont UST issues 5 at 157 Enclosing MOA application and Model MOA, as prepared by HLA Asking for f mancial info for the Borough's audit report Report of phone call to Mayor Winant Both sites (Aladdin Park and Dumont DPW) have regulated UST and nonregulated contamination If Borough wants to have both cases handled by one case mgI', a fonnal request must be made and an MOA must be executed If Borough wants to have cases separated into regulated UST and non-regulated components, a schedule for each case must be submitted (both cases are overdue for submittal ofRAW). Also, non-regulated portions of each case would require execution ofMOA for that part Mayor indicated that Borough will pursue the ootion of one case mw Enclosing 05/08/96 letter to David Terry; 10-061 0j)EP_docs_vol 5 at 154-155 OPRA DEP files6 at 5 5

05/28/96

FROM: Wm. DeLorenzo (NA)

1 0-06-

TO: Mayor Winant CC: Councilman Michael Licameli

06/10/96 FROM: David Terry TO: Donald Winant; Wm. DeLorenzo

06/18/96 FROM: Gregory Albright (fILA); Edward Nemecek (fILA) TO: Jos. Pojanowski (Dumont Atty); Donald Winant (Dumont Mayor) CC: Wm. Thayer (HLA); Bharat Patel (HLA); Kel1l1eth Strong (Palmer, Jones, Hawkins & Strong) 06/21/96 FROM: Henry Amoroso TO: Mayor Winant

Enclosing memo dated OS/28/96; Enclosing revised procedures from NJDEP regarding financial assistance pursuant to Hazardous Discharge Site Remediation Fuud Asking the Borough to contact DeLorenzo to properly complete the Fund application EDA has suggested that the Borough may be entitled to relief from the Fund LBG has reviewed MOA; as prepared, MOA is deficient blc it continues the separation of the properties in 2 separate sites MOA should be modified to avoid separating DPW site and Aladdin Ave site Specific cbanges outlined herein Demand past due $37,812.74 HLA objects to Borough's claim that it did not act in the best interest of the Borough HLA did not betray Borough by failing to infonn it of possible cleannp funding sources 4 outstanding invoices attached Unsure of whether a new consultant is being retained by the Borough Eager to get the application submitted for purposes of mitigating damages and negotiating agreement wi DPW Re: Amoroso's 06/21/96 correspondence, "all is indeed well with your films' representation to our current litigation involving the Department of Public Works." LBG has been retained to represent Borough in all matters relating to DPW cleanup Enclosing pennits and approvals for tank installation and removals Enclosing "self-explanatory" letter from HLA Enclosing Dumont billing for DPW and Leuzzi "Apparently this is the time through the end of May '96. I think we should hold this bill up for June, not sent [sic] it out, and take a look at the final bill on Leuzzi which will reflect substantially more time than that which is currently being shown, as well as

10 DEP docs vol 5 at 1 08-109

-

10-0610 DEP docs vol 5 at l78-180

-

10-061 0_Correspondenc e at 1-9 10-0610_DEP_docs_vol 5 at 145-153 10-0610_DEP_docs_vol 5 at 144

06/25/96 FROM: Mayor Donald Winant TO: Henry Amoroso CC: Wm. DeLorenzo; Jack Eckel; Council Members

10-061 0_DEP_docs_vol 5 at 143

06/25/96 FROM: Jack Eckel (Dumont Chief of Staff) TO: Henry Amoros 06/26/96 FROM: Jos. Pojanowski TO: Henry Amoroso 06/27/96 FROM: Hemy Amoroso (7) TO: Wm. DeLorenzo (?)

1 0-061 0_DEP_docs_vol 5 at 142 1 0-0610.J)EP_docs_vol 5 at 141 1 0-061 0_DEP_docs_vol 5 at 138-140 (including bill, wi balance of $439.93)

0911 8/96

FROM: Jos. Pojanowski (Dumont Atty) TO: Wm DeLorenzo (Nowell, Amoroso & Mattia)

the DPW oil tank litigation. I believe we may have to shift that file into a more aggressive position."

Borough has notified HLA that it is not paying

Rec'd demand from HLA for pmt of bill

Request specific reasons why Borough will not pay so that the inf can be used to ward o off litigation Enclosing draft MOA application (as revised according to Terry's 06/10196 letter) Re: Past due HLA invoices

e at 1 0

10-061 0_Correspondenc

09/1 8/96

FROM: Wm. DeLorenzo TO: David Terry (LBG) FROM: Kenneth Strong (HLA Gen. Counsel) TO: Jos. Pojanowski (Dumont Atty); Donald Winant (Dumont Mayor) CC: Greg Albright (HLA); Wm. Thayer (HLA); Bharat Patel (HLA)

10/10196

10-061 0,))EP_docs_vol 5 at 137

10-061 0,))EP_docs_vol 5 at 107

HLA may be forced to file suit & expects to hear from Borough by Oct. 25

HLA has not heard from Borough since May 9 despite several attempts otherwise

e at 12-13

10-061 0_Correspondenc

10-061 0_DEP_docs_vol 5 at 105-106 10-0610_DEP_docs_vol 5 at 136 10-0610,))EP_docs_vol 5 at 104

1011 1/96

FROM: David Teny (LBG) TO: Wm. DeLorenzo (NA)

Reviewed the MOA prepared by NA Once the changes are made, the application can be certified and sent to NJDEP Suggesting 2 small changes

10/1 6196

FROM: Jos. Po janowski TO: Wm. DeLorenzo CC: Mayor Winant

10/16196

1 1/12/96

FROM: Wm. DeLorenzo TO: Mayor Winant CC: Michael Licameli

FROM: Jos. Po janowski (Dumont Atty) TO: Wm. DeLorenzo (Nowell Amoroso) CC: Donald Winant (Dumont Mayor)

Request specific info & cause of action for defense to Borough's pmt of the bill based on HLA' s failures . Enclosing 4 MOA drafts (revised based on David Terry's comments and NJDEP 's comments)

Enclosing 1011 0196 correspondence from Kenneth Strong (HLA Gen. Counsel)

Need specific info and causes of action for defense to Borough's pmt of the bill

Borough has not paid HLA based on DeLorenzo' s & Winant's representation concerning inadequacies ofHLA perf onnance

Enclosing 10/10196 letter from Kenneth Sh'ong (HLA Gen. Counsel)

10-0610_Corresp ondenc e at 1 1

Executed MOA will be processed wi NJDEP

Review MOA; if approved then execute wi signature

1 0-0610_DEP_docs_vol 5 at 95-101 (including MOA as signed by Mayor Winant on 1 1114/96) 10-0610 DEP docs vol

1 1 0 (including

1 1112/96 FROM: Wm. DeLorenzo TO: Mayor Winant

1 1122/96 FROM: Wm. DeLorenzo (NA) TO: Ralph Downs (NJDEP) 12/12/96 FROM: Nate Byrd (NJDEP Case Assignment Section) TO: Wm. DeLorenzo CC: D. Conway (CAS) 12/24/96 FROM: Wm. DeLorenzo (NA) TO: Donald Winant (Dumont Mayor) CC: David Terry (LBG); Councilman Michael Licameli 12/24/96 FROM: Wm. DeLorenzo (NA) TO: David Teny (LBG) CC: Jos. Pojanowski

Enclosing copy ofNA's 05/28/96 letter concerning Borough's eligibility for State funding Suggest Borough to complete f mancial assistance package so it can be processed wi MOA application Enclosing 3 copies of MOA Enclosing 2 MOAs; please have appropriate Borough rep sign and return NJDEP 96-11-28-0210-24 Enclosing MOA for signature

unsigned MOA) 10-0610))EP_docs_vol 5 at 103

10-061 0_DEP_docs_vol 5 at 102 10-0610J)EP_docs_vol 5 at 86 10-0610J)EP_docs_vol 5 at 87 1 0-0610_DEP_docs_vol 5 at 88

12/24/96 FROM: Wm. DeLorenzo (NA) TO: Mayor Winant CC: David Terry (LBG); Councilman Michael Licameli 01/03/97 FROM: Wm. DeLorenzo TO: Ralph Downs (NJDEP)

Enclosing 12/24196 letter to Mayor Winant Enclosing copy ofMOA Requesting advice as to HLA's bill to the Borough; recall telephone conversation concerning whether billing was appropriate @ request of Borough counsel Jos. Poianowski Enclosing MOA for signature Have someone contact DeLorenzo to begin financial assistance process wi the State

Enclosing MOA as executed by Borough

01/08/97 01/21197 FROM: Mark Pedersen (NJDEP Case Assignment) TO: Wm. DeLorenzo CC: Bergen County Dept of Health FROM: Harry Wertz (Case Mgr) TO: Wm. DeLorenzo (NA) CC: Health Dept.

MOA as executed by Borough and NJDEP Enclosing executed copy ofMOA NJDEP 96-11-28-0210-24 wlin 30 days from MOA execution, must submit to Dept a schedule of implementation ofthose activities and/or phases enumerated in MOA MOA dated 12/24/96 has been assigned to this office; I am case mgr Contact wlin 1 5 days to advise of status

10-061 0_DEP_docs_vol 5 at 89-94 (including MOA as not yet executed) 1 0-061 0_DEP_docs_vol 5 at 80-85 (including MOA as not yet executed by NJDEP) 1 0-061 0_DEP_docs_vol 5 at 75-79 1 0-061 0_DEP_docs_vol 5 at 74

0113 0/97

10-061 0_DEP_docs_vol 5 at 72-73

02112/97 FROM: Wm. DeLorenzo (NA) TO: David Terry (LBG) CC: Jos. Pojanowski; Mayor Donald Winant; Councilman Michael Licameli 1 1117/97 FROM: Wm. DeLorenzo (NA) TO: Harry Wertz (Case Mgr) 12112/97 FROM: David Terry (LBG) TO: Donald Winant (Dumont Mayor) CC: Bill DeLorenzo

Enclosing MOA signed by NJDEP Enclosing Case Assignment Designation Letter Please review and contact so we can discuss Requesting meeting Summary of agreements reached wi case mgr Harry Wertz at 12/1 1/97 meeting NJDEP 90-05-17-1528 In response to meeting, LBG has also prepared a Scope of Work for addressing the issues outlined by Wertz During 12/1 1/97 meeting DeLorenzo indicated that he would be able to submit copies of all remedial investigation materials NJDEP 86-10-09-05M, 96- 1 1 -28-0210-24 Please forward copies of remedial information and reports Missing all but first page; appears to be request for audit info Enclosing application for GrantILoan Program from NJDEP's Hazardous Discharge Site Remediation Fund Please review; NA available to review and complete the application Enclosing letter to the Borough Enclosing 01113/98 letter from Hany Wertz concerning the info which was to be forwarded to NJDEP Please review & advise whether the info has been forwarded to NJDEP Interoffice Memo attaching letter from Jack Eckel; should be filled out by Bill Response to Borough's 06/17/98 letter regarding pending litigation, unasselted claims, etc As of 12/31197, NA retained to represent Borough regarding possible histodcal contamination at Aladdin Park, Aladdin Ave, and Twinboro Lane. Borough is in the process of completing environmental audit and no determination has been made whether remedial activities will be required As of 12/3 1/97, no known unasserted

10-0610_DEP_docs_vol 5 at 7 1 (Plus enclosures) 10-0610_DEP_docs_vol 5 at 68-70 10-0610_DEP_docs_vol 5 at 64-67

01113/98 FROM: Harry Wertz (NJDEP Case Mgr.) TO: Wm. DeLorenzo CC: LBG

10-0610_DEP_docs_vol 5 at 63

06117/98 FROM: Borough (? Presumably Jack Eckel) TO: NA 06/24/98 FROM: Wm. DeLorenzo TO: Jack Eckel (Dumont Admin.) CC: David Teny (LBG)

10-0610_DEP_docs_vol 5 at 61 10-0610_DEP_docs_vol 5 at 59

06/24/98 FROM: Wm. DeLorenzo TO: David Terry (LBG)

10-0610_DEP_docs_vol 5 at 60

06/25/98 FROM: Hemy Amoroso TO: Bill DeLorenzo 07/08/98 FROM: Wm. DeLorenzo TO: Ferraioli, Wielkotz, Cerullo and Cuva CC: Jack Eckel (Dumont Clerk); Hemy Amoroso

10-0610_DEP_docs_vol 5 at 62 10-0610_DEP_docs_vol 5 at 56-58

10/06/98 FROM: NJDEP TO: Borough 10/13/98 FROM: Wm. DeLorenzo (NA) TO: David Terry CC: Henry Amoroso

possible claims NJ UST Registration Invoice

1 0/13/98

FROM: Wm. DeLorenzo (NA) TO: Jack Eckel (Dumont Admin.) CC: Henry Amoroso

1 0/20/98 1 1110/98 FROM: David Terry (LBG) TO: Donald Winant (Dumont Mayor) CC: Wm. DeLorenzo (NA)

01/01/99

Please advise as to status of environmental report Understand that Terry would be submitting the report to NA for its review and so NJDEP process could continue Enclosing NA's 06/24/98 letter to Eckel and 10-0610_DEP_docs_vol its 10/13/98 letter to David Terry 5 at 54 Please advise as to status of application UST FacilitY Certification Questionnaire 10-06Re: RAW Submission 1 0_DEP_docs_vol NJDEP 86-10-09-05M, 86-09-22-10M, 904 at 1-61 05-17-1528 Attaching 2 copies of RAW; one enclosed copy must be sent to NJDEP w/ completed certification (orovided) Certificate of UST Registration Certificate Insurance at 69 0 1/01/99-12/31/01 Certificate of Insurance at 7 1 10-0610_DEP_docs_vol 5 at 52

Certificate of Insurance at 70 10-0610_DEP_docs_vol 5 at 5 5

01/13/99 FROM: Wm. DeLorenzo (NA) TO: Jack Eckel (Dumont Admin.) CC: Henry Amoroso

03/16/99 FROM: Jack Eckel (Admin.lClerk) TO: Henrv Amoroso 04/19/99 FROM: Wm. DeLorenzo TO: FelTaioli, Wielkotz, Cerullo and Cuva CC: Jack Eckel (Borough Clerk/Admin); Henry Amoroso

Rec'd RAW from LBG Please advise as to whether a copy of the RAW was submitted to NJDEP together w/ cert Please advise as to status of application for GrantILoan from NJDEP referenced in NA's 06/24/98 letter Requesting info for usual audit Response to Borough's 03/16/99 letter requesting info regarding pending litigation and claims As of 12/31/98, f retained to represent um Borough in connection w/ possible historical contamination at Aladdin Park, Aladdin Ave, and Twinhoro Lane Borough is completing an environmental audit pursuant to NJDEP & MOA; no determination as to whether remedial activities will be required As of 12/31/98, no known unasserted possible claims against Borough Re: Hackensack Rotary Club Letter to confirm that John Fowler is scheduled to speak (ill Hackensack Rotary

10-061 0_DEP_docs_vol 5 at 50-51 10-06I O_DEP_docs_vol 5 at 47-49

04/19/99 FROM: Wm. DeLorenzo TO: John Fowler CC: Gary Hipp; B. Franklin

1 0-061 0_DEP_docs_vol 5 at 53

Reinauer, m 08/06/99 FROM: Harry Wertz (NJDEP) TO: Wm. DeLorenzo CC: David Telry (LBG)

10/27/99 FROM: Wm. DeLorenzo (NA) TO: David Terry (LBG) CC: Henry Amoroso

1 1111/99 FROM: David Terry (NJDEP Subsmface Evaluator, Leggette, Brashears & Graham (LBG)) TO: Wm. DeLorenzo (Nowell Amoroso)

12/20/99 FROM: Frank Rossi (Boswell) TO: Thomas Hill (Dumont Construction Code Official) 03/28/00 FROM: Jack Eckel (Dumont Admin. Clerk) TO: Henry Amoroso (NA) 04/13/00 FROM: Wm. DeLorenzo TO: Ferraioli, Wielkotz, Cerullo & Cuva CC: Jack Eckel (Dumont Admin. Chief of Staff); Henry Amoroso

Club on 04/29/99 (a) 12: 15pm Re: RAW submitted by LBG in accordance w/ 01/23/97 MOA (RAW dated 1 1110/98) NJDEP 86-10-09-05M, 96-1 1-28-0210-24 1 1110/98 RAW does not address BUST's concerns regarding DDPW as outlined in its 06/20/95 letter (which was based in part on the 01/17/95 RAW) 1 1/10/98 RAW does not address BUST's concerns regarding Aladdin Avenue as outlined in its 06/12/95 letter (which was based in part on the 01117/95 RAW) Update regarding status of add'i investigations should be developed Late 08/1999 we reviewed together the 08/06/97 NJDEP correspondence and the need for LBG to complete additional work upon authorization from the Borough Requesting info regarding the status and any assistance needed from NA Re: Rec & Proposal Dumont DPW UST Investigation NJDEP 86-10-09-05M / 96-1 1-28-021 0-24 Last year LBG sent NJDEP a proposal indicating (on behalf of Borough) that "natural attenuation" could address fuel related soil & ground-water contamination. NJDEP responded that more info was needed in order to approve LBG proposes a new Scope of Work to address NJDEP concerns; cost $17,500 Can begin work immediately Boswell is applying to NJDEP on behalf of Bergen County Utilities Authority for permit to protect two sanitary sewers
=

10-0610_DEP_docs_vol 5 at 1 9-20

10-0610_DEP_docs_vol 5 at 1 8

10-0610_Correspondenc e at 14-18 10-0610_DEP_docs_vol 5 at 8-12

Construction Permit at 13-15 10-061 0YEP_docs_vol 5 at 16-17 1 0-0610_DEP_docs_vol 5 at 13-15

Requesting info regarding Pending!TJn'eatened Litigation and Unasserted Claims and Assessments for the usual audit ofthe Borough's [ mances Re: Dumont Audit Report (response to Borough's 03/28/00 letter) As of 12/3 1/99, NA retained to represent Borough in connection w/ possible historical contamination at Aladdin Park, Aladdin Ave and Twinboro Lane. Borough in the process of completing environmental audit pursuant to NJDEP & MOA. No detelmination as to whether remedial

08/23/00 FROM: Yacoub Yacoub (Region Chief, NJDEP) TO: Wm. DeLorenzo (NA)

12/07/00 FROM: Wm. DeLorenzo (NA) TO: David Terry (LBG) CC: Jack Eckel (Dumont Admin. Chief of Staff) 12/18/00 FROM: David Terry (LBG) TO: Wm. DeLorenzo (Nowell Amoroso) CC: Jack Eckell (Dumont Admin. Chief of Staff)

04/09/01

FROM: Wm. DeLorenzo (NA) TO: Jack Eckel (Dumont Admin. . Chief of Staff)

01109/02 FROM: Wm. DeLorenzo (NA) TO: Jack Eckel (Dumont Admin. Chief of Staff) CC: Henry Amoroso

activities will be required. As of 12/3 1/99, no known unasserted possible claims against Borough Re: 12/24/96 MOA NJDEP 86-10-09-05M, 96-1 1-28-0210-24 Dept has not received any response to 08/06/99 deficiency letter MOA hereby tenninated Remedial work perfonned w/o oversight is Hat peril" Should orough decide to re-enter the voluntary cleanup program, it will have to resubmit its application w/ def mitive schedule & pay outstanding oversight costs Informed by NJDEP that MOA tenninated & property placed on Dept's Comprehensive Site List for failure to respond to the Dept's deficiency letter Re: Response to DeLorenzo's 12/07/00 letter NJDEP 86-10-09-05M / 96- 1 1-28-0210-24 Summarizes recent correspondence & acknowledges that Borough never decided whether to proceed w/ LBG's Scope of Work Based on info DeLorenzo provided, David Terry understands that NJDEP has elected to tenninate its recent MOA b/c no work has been perfonned since it was executed. Prepared to still do the work outlined in the 1 1/1 1/99 Proposal @ same cost (NJDEP would likely reopen MOA if Dumont intends to begin investigation (a) site) Enclosing 12/1 8/00 letter from LBG NJDEP has withdrawn MOA Municipality is free to w/draw from MOA program, but DeLorenzo requesting confilmation that the Borough wishes not to proceed w/ MOA program Note that LBG is prepared to perfonn the studies upon receipt of Borough's decision Enclosing DeLorenzo' s 04/09/01 letter and requesting word whether Municipality intends to pursue the matter

10-0610_DEP_docs_vol 5 at 7 Celtificate of Insurance at 72

10-061 0YEP_docs_vol 5 at 6 10-0610_Correspondenc e at 19-20 10-0610_DEP_docs_vol 5 at 4-5

1 0-0610_Correspondenc e at 22-23

1 0-061 0YEP_docs_vol 5 at 1-5 (including enc losures) 1 0-061 0_Correspondenc e at 21

03/26102 07/22/02 FROM: Sarah Mihalik TO: UST Registrant

UST Facility Certification Questionnaire Notice of Deficiency Tank info incomplete Piping Operation and Type of Monitoring Detection have not been provided Handwritten note market "completed 8/29/02") UST Registration Certificate UST Facility Certification Questionnaire NJDEP records indicate municipality may have non-compliant regulated UST systems DEP is launching enhanced inspection program that will target all out of compliance UST systems Strongly worded letter regarding the necessity of compliance UST Facility Certification Questionnaire Re: 12/01/04 letter Borough has taken certain corrective action (items # 1 and #2) UST Field Notice of Violations

OPRA DEP files6 at 1 OPRA DEP files6 at 59

08/01/02 04/02/04 08/02/04 FROM: Estavon Posey (NJDEP) TO: Mayor Winant

Certificate of Insurance at 73 Certificate of Insurance at 74-76

10/19/04 12/09/04 FROM: Borough Administrator TO: Matthew Mee

Certificate of Insurance at 86-89 Certificate of Insurance at 67 Certificate of Insurance at 78 Celtificate of Insurance at 79 Certificate of Insurance at 8 1 Certificate of Insurance at 9 1 ; 92 OPRA DEP files6 at 65-68 OPRA DEP files6 at 90

02/23/05 NJDEP

03/01/05 03/02/05 04/29/05 FROM: Lance Sisco (Fairfield maintenance) TO: Auradis Brooks CC: Dumont DPW

UST Registration Certificate 03/01/05-12/3 1/07 UST Facility Certification Questionnaire On Apr. 12 & Apr. 29, 2005, we cleaned both gas and diesel spill containment manholes; also found and replaced faulty gas Incon level probe wi new Existing gas and diesel UST systems are suction systems; no mechanical leak detectors Still have to investigate tank annulus sensor Field Notice of Violation was issued on 02/23/05 Dumont DPW's 02/23/05 response indicated that the deficiencies have been addressed

12/21/05

FROM: Auradis Brooks (NJDEP) TO: John Cook CC: Bergen County Health Dept; Bureau of Southern Case Mgmt

Certificate of Insurance at 82 (Enclosure Compliance Evaluation Report at 82-85)

0110 1107 01/01/08 02/20/07 FROM: Cynthia Lisa (Danskin) TO: Borough

DPW Certificate of Insurance (2007) Explaining why 2 copies of2007 Certificate of insurance were sent

Construction Permit at 82-83 Certificate of Insurance at 93 Certificate of Insurance at 1 0 1 Certificate of Insurance at 99100 Construction Permit at 84-85 Construction Permit at 92-93

1 1121107 NJDEP

0 1/01108 01/01/09 01/08/08 FROM: Cindy Lisa (Danskin Real Estate Insurance Agency) TO: Dumont Borough Administrator CC: Michael Avalone (Commerce Insurance Svcs); Joseph Hrubash; Stephen Sacco (PERMA); Rich Erickson (PMK); Christopher Gulies (PMK) 08/20/08 NJDEP 08/22/08

NJDEP InvoicelPayment Some sort of statement of registration fees associated wI USTs DPW Certificate of Insurance (2008)

Enclosing 2008 fund-year certificates of insurance evidencing coverage for UST

UST Field Notice of Violations UST Facility Certification Questionnaire (filled out in William Ebenhack's name but not signed by him under Section E) UST Facility Celtification Questionnaire (signed) UST Facility Certification Questionnaire UST Systems Registration Certificate 09/09/08 - 12/3 1/10 Attaching Applied Earth Solutions letterlreport of vapor [ mdings which none were detected [Re: 08/20/08 Notice of Violation] Investigation showed no evidence of contamination DPW Certificate .of Insurance (2009)

Construction Permit at 90 Construction Permit at 86-89 OPRA DEP files6 at 69-72 OPRA DEP files6 at 2 Certificate of Insurance at 12 OPRA DEP files6 at 83

08/22/08 09/08/08 09/09/08 NJDEP 10/31/08 FROM: Lance Sisco (Fairfield Maintenance) TO: Auradis Brooks (DEP) CC: Dumont DPW (Bill Ebenhack)

01/0 1/09 01101/10

Construction Permit at 95 Celtificate of Insurance at 2-3 (Diesel) Construction Permit at 94

01120/09

TO: John Perkins FROM: James Webster (Brown &

Enclosing certificates of coverage for gasoline tank and diesel tank

Brown Insurance) 01/01110

-

DPW Certificate of Insurance (2010)

01101/1 1

Certificate of Insurance at 4-5 (Gas) Certificate of Insurance at 6-7 (Diesel) Certificate of Insurance at 9-10 Certificate of Insurance at 8

01/08110 FROM: Cindy Lisa (Danskin Insurance) TO: Borough

Enclosing 2010 fund-year certificates of insurance evidencing coverage for UST

Reply T o

ln Office:
o

131 North Third Street (Cor. Third & Cherry Streets) PhiladelphIa, PA 19106 Phone (215) 6274505 FAX (215) 627-4250 New Jersey Office: 120 Wood Avenue South Suite 300, Metro Park Iselln, NJ 08830 (201) 5481 161

October 1 5 , 1 990 Mr . Wal ter e. Bel l New Jersey Department o f Envi ronmental Protect i on D i v i s i on of Water Resources Metro Bureau of Reg i onal En forcement 1 Babcoc k Pl ace West Orange , NJ 07052 Subj ect: Schedul e of Act i v i t i es Associ ated w i th . D i s charge from Underground Storage Tank Dumont , Department o f Publ i c Works Al l ad i n Avenue , Dumont New Jersey Property

N.E. Pennsylvania Office: 39 Publlc Square Suite 202 Wilkes Barre, PA 18701 (717) 8295310

Dear Mr . Bel l : . Inc . ( EEe) has recently been retai ned by the Borough o f Dumont t.o EEe , In pro v i d e consu l ti ng servi ces for the subject NJDEP compl i ance effort . accordance w i th the September 1 4 , 1 9 9 0 l etter t o the Borough from Stefan D. Sedl ak o f ' your offi c e , attached i s a schedul e of act i v i t i es for the subject compl i ance e ffort . As ' yo u know, the underground storage tank (UST) was removed at the t i me the rel ease was d i scovere d ; therefore , UST removal i s not i nc l uded i n the attached schedul e . Exact dates for o n - s i te f i e l d act i v i t i es (e . g . , mon i tori ng wel l i n stal l at i on) wi l l be dependent on contractor avai l ab i l i ty and w i l l be pro v i ded as ava i l abl e , i f requested . Pl ease contact me i f you requ i re any add i t i onal i nformat i o n .

Jane H . Lev and o s k i Project Manager

l)::

cc : Joseph A. Ferri ero, Esq . Theodore H . Sobi e s ki , EEe

26501 \L - SCHED

<

., '

't .

EXHIBIT

ccC
T I ES SCHEDULE OF ACT I V I ound St or age Ta nk s sch ar ge from Undergr As so ci at ed wi th D i of Pub l i c Works Dumon t- Department i l i ty ont , New Jersey Fac Al l ad i n Aven ue , Dum

Act i v i ty

To Be Compl et ed By

oval and po st co nt am i n ate d s o i l rem removal s o i l sampl i ng Mo n i to r i n g we l l i n sta l l at i on

Oc to be r 29 , 199 0 Nov emb er 5 , 199 0 No ve mb er 1 9 , 19 90 Dec emb er 1 7 , 199 0

or i ng we l l s ampl i ng F i rst ro und o f .mo njt

cal re su l t s gr oun dw ate r an aly ti Re ce ipt o f s o i l an d ti v i t i es cha ra ct er iza t i on ac Compl e t i o n o f s i te of re por t rc h) and sub mit ta l ( e . g . , NJ DE P wel l sea to NJDEP

J an uary 6 , 1 99 0

oun dw ate r sam pl i ng , sec ond ro und of gr vities (e. g . , ac ti th e re sul ts of Ad d i t i ona l ne ed ed de pend i n g on i v i t i es co ve ry , et c . ) may be free pr odu ct re , the sch ed ul e o f act I f th i s i s the ca se i t i es . th e ab ov e ac tiv mi tt ed . app ro pr i at e and re sub wi l l be amended as

"

Form DWR 052 3/81"-

NEW

.SEY DEPARTMENT OF ENVIRONMENTAL i OTECTION " DNISION OF WATER REOURCES

Bureau or Office

In

---lliL/--'2./ J 41 2-(./ I

".t:.r _-,--,-",,:c:.::.:,---=:.:..r
Out Time

REPORT OONE CAL R 1;;o

"

VISIT

c.::'-Ue :...::..:... _ _ -:::.::...: :::. -..I' _ '4<' ,-

_ _ _ _ _

Date

1 0 :/, .111

J) Routing '::}A.
File
-

ft};Pp../

Person Contacted Affiliation

_ _

-n;l--"="---"""-=,,,,=='L ' " ,, " , C --"-=-<ff. t =-.L

_ " _ _ _ _

--= . :... . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

,.,dtA.

/ ,/Z5 zi-2"P 6Atd

"U<

4.4,:'y-

;/'1..hp_J .......

--4

f cCaJ
&..-../ ,<t"

, Action Recommended

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Signature

E E C

E N V I R O N M E N T A L

April 9 , 1991
,
"

Mr. Stefan b . , Sedlack New Jersey Department of E vi ronmenta1 Division' of Water Resource Metro Bureau of Regional E forcement 2 Babcock Place . West Orange , NJ 07052 Subject: New Jersey OejJar Bureau of Underg September 1990 S . Duniont Oepartmen i Aladdin Avenue Dumont, New Jers

Dear Mr. Sedlack: In accordance with your re regarding the status of th property, ".

ment ' of EiwironmenH1 .:l>rotectibn (NJOEP) ound Storage Tanks, (IiSr) : ', :;0,:,: , : ;, ope of Work ( SOW) Comp1 i ance ' Activiti es of Pub1 i c Works (DDPW)1 Projlei:ty ' , . ,j,. '. '. ,''':'' " f. y {;' :>j; . .j 1', .;", 1 .

. ;

As we di Scussed, submitta of the Discharge' lriiiitigation , .Corrective . Action; Report (OICAR) will , be el ayed because . the . restilt!", 'of the .investigati ve acti vities completed to da e i ndicate that the UST."thatiwas the subjMt: of the:: ': :' compl eted investigation i the not the source, o, the',riliserved.; condjti oiis that. , ;,. initi ated the investigati As you will . recii1 1, nthe."nviistigatidn began when:;k)f;,. product that . .appeared t.o b gaso1 ine Was .observed seepiog;from a bank' betweeh t<::c: DDPW g arage property and t e adjacent property foT1owi n Lan extended 'period ..of"': .. heavy raintal l . The UST t at Was the subject Of tliiS ,l,ilye's tjgatioir'was reindved ':: : mrnedi ate1y after the see age wa observed and wa \ t ii t t o b e . e so rce ?: ,:J j; , . , he observed product. . ; . ;.:. :If }.r riL . I :: ;;' : : :: : ' :':': ;-:' The investigative activiti s that have been conip1ete<!Jl dat i accordan,;:e with :';"j ;:: . ' " the NJDEP-BUST SOW for this UST include insta11ati on;'Of,ifiye IJibnHbring well E" , i: j -rhe we1.1 locations are sh wn on the map , i n ,Attahlnht A;\and ce.t . se,l ected _t/l! c,: lnvestigate the magnitude. nd extent of gr.oundwter>.c,<intaJ.DatH asocJated>with;;;-:: ih '1 < thi s UST One .ound of gro ndwater samples . fr.o t.\' 1 1 s. hd assoc1 ated qua:lity c.n assurance/qua1 .1 tY control (QA/QC) sampl es. were.. co).l ctd and\)aalyzed .. or .,: , priority P.o1 1 utant vol atil organi c c.ompoUnds with fi EP?HIH/NBS 1 ihi-ary.-search . f : . for up to 15 lion-priority i> 1 1 utant compounds (VDCH5j by ,EPA Method 624 nibdjfied . '. . to i nc1ude cal i bration fo xy1 enes, methyl terti.ary btityl' ether, ' and terti ary . '. : : butyl alcohol . : "" : . :, ' -:' , '.; : . No free product was found . i n any of the well s . > Tota1 'pfi.orjty poll utan(. VOCs and . , xy1 enes were detected aboY the unpromu1gated NJDEP.actl.on,l eve1 of 1P. mico9railis ' . per 1 iter (ug/kg or ppb) i .ony two o the. wellqM,,;and MW-5) : The comp.oUnds ; detected in MW-3 and MW-5 .onslsted pnmarl1Y,of bzene, 't.o1uehe,' thy1 benzene, .
. _

; . . . , {. .: . ';:kj :, i-'. :'!-: ; U: est, this letter cohi 'irnis outi,te1 eplione conversation);': NJDEP-BUST SOW compl i anc .. ,activitltis at the subject : ; . ; .: :.
.

: ;lij'. .
.
..

'

"

,<

ott

.'

':'l :" ' . ;

:'

:'. ';'i ;, ' - ":;

: L' 1'; .

"

;_

' ::

'

l '

'

{. '1\ f_; t-.

:,..
"

' . :,;.;; '-';>':"

. , ' i ,

' In} l;' 'i. ':

"i:

;i

.-

.J

."

..

EXHIBIT

Hr. Stephan Sedlak April 9, 1991 . Page Two

, and xylenes (BTEX) , which .a e typical Or xylenes were detected 1 the sampl es from the:,other el) s , .lnclUdlng',HW,4.;'(t:' : : " . ' which ! s l O cated within, te fet , i n a down.gradi ep.t,;:direti<i , (thel:gTbund.watr,:i'il\;;";;' : " , ; flow dJrecbon at the prope ty l S gehera1 1 y southw", ,t o 9theast lias,ed on"wtef,j,q:L f. . ,r , l evel measurements correcte for topographic dHet.es, us,:ng wl) .s .veY dat.a h l!! ' .': L ' ,,' . from the USrhat was the '. ubject : of the i nvest 1 9'tt 'h. ':'l" , " j { / ! ; , , ;, , :' . . :i; - ' ;" 'k >"::: ic:-':. .r: ". ,:': :'IJ , ' " ' i}ir l - ;:' " '" ' ' . } Ttf):_ . The l ack of eveh trace VC i n MW-4 , i ndi cat ,lhk, thi,S:iQST ls: ij;,th sourc(;li ,1( ': . ,. of the BTEX concentratlo s found ' ], 0 MW-3"' and 'IMII"5. , ll" . . resill ts ':of :the lu."l : 'j''' ,The groundwater i n vest igat i on a d add i ti ona1 i nformaH'!>ii :gatMfed through} i r)terviews:" :'l ' with persons , famil i ar with I storic operations at the. DOP.W" jJr.operty sUgg?st that. ,, ; <:" ' , a second gasol ine UST that was formerly located between .f!Wc4 and NW'5 as' shown ,;:. :,: on the'figure ,in Attachment A may instead be the Source Qfjthese .concentratitihs':'j : " This UST was reportedly r moved five or s i x 'Years . , agot .apareiitlY prior , to " : " , promul gation of federal a d state. UST regullitions': ;' No i other', i nformation" i s ' , ' ; ; , presently avalabl e for thi UST. . . . " t::;.:'; , ( . . , ; 1 , '. : :, .: ;\, i . ' , }, " -, . :::.() kt-; " : " 1::+' . :', :.i . : .. k i::' ; 1 . . . The addi tional inv"stigati n to be completed Pl'io,,':icb :silb11l lttal of ' a DI,AR: iS ,l " ,) : designed to confirm or d l prove , ' i f possibl e ,: whHlier the, second UST' g ' the" , " ,: : . source of the detected co t mination ahd . to furhe .de.i:ihate the, extnt o,J;'\\' i J. ' : contamination. , To a"loom l l Sh thi s , several, aadltlonal. , monitoring Wel l s ,', :\': " . i nc1ud!ng one. within 10 . fe t downgradlent Of the ,ormi',J ocat.ibn .bL \h ) ec.ond 'Hit (: UST, wlll be lnstalled and ampl ed , and a sOl l s .lnyet { gatj9n I n ;th:vl clOlty o tliT ".: . the seond UST wi l l be cmp eted . The r sults of tpe;lny s.tt gatloh. o,ii1pl eted t1d'.:M, , date (lOC1 udi ng wel l bon ng l ogs , analyb cal results :sununafy '. sheets i, groUhdwater,'iH'I<" , contour maps, etc . ) will b submitted a10n with '.theirestilts. of. the: addljohar::r:: I F:' investigative acti vities u on their completion. ;':, jd ; :;d . J ' '' :f:: : . ": " .,r:.{'- : f . . '. : ; ' l _ ._:. 'i :t '" -,: T:f.' , : " . .,..::1. at " . ; ' : ' " A schedule for imp1 ementat on of the additional aciviti esand report SUbmittai ',: 4 : :! . . ';,::',., ' vI;:" t';'1: f ] : , , " , ', .' i s Incl uded 'as Attachment '
,, . , .

, . . . :;; . 1> I',: .:,.:.,.,' .. ::" : . .., ' !;. L : .;:.;-:/. " : : _i. :,; . ;-; .!J: ; f : ' t :. gasoi im; criilstJtueni !t:\j : No priq: i ty VQts;:Wf:" , .

. .;

. . ..
' t : '.!' :

;'r:;flq;;

'

'. '.

..

. cc:

Please contact i nformation. -cer '1l,y "

tis i f yo

have any questions- or, reqUire any :additiom n,:"':;-!. ; , . ,:,

:.

.:i

'1' : !

t..,' .

1..

: - . . . 'fW . : -L

, BL .
Kne
H. Levandoski Project Manager

/, {,/M,.y, V T John S . Virg i e

Project Geol ogist

"

f;
: . ,

John oottrweich, NJO P , Metro Bureau of RegiohaiI ErifOi'cement;: .; : ; Joseph 'A. ' Ferri ero, q. Theodore .H. Sobieski , P . G . , EEe

..

of .;

:..;,t
'. . .

l : tL :l :i tf;
. " ..

f). . ;-;: ; ,

t? ; .

:;

;' . .

, I'

,:
I.

... . },,'
! , I

:.:'.

if;::
" ;'

'. '

: ; (q t}:
L

';

. :

lC
t"

...

:;. :.!"

>&ic'
.

: ' ,\

"V;:, .
i.' 1 ::" , " !
,

,'

. ': :

. , . '

i .,
J

: ,:

...;t,
"

.
,

J
'

. '

.!

ATTACHMENT A Site
Map

. , ; :: '

.' 1 ,1 ,

'e

,I
. '
'.

:
J
.

:\
,.

, . .
.

: r
. . '

;; ,,' . .; :

'

j+

'

,', . .

" .

; i

' .

:.

Ci(
I I

..

\.

ARMOUR
M""_

P L ACE

"'11"-1

., ., T W I N 80RO

....'--." . .,.
.

i li).
L.J

/---\SOIL PILE

"

SH

OFFICE
aUJLO!NG

KNIGHTS OF COLUMBUS

I)
0 0

!I

I I
..

I I

"'''H

'

LANE

,
z

... ),jw-

fjij
DUMONT PUBLIC WORKS MAINTENANCE FACILrTY

MONITORlNO wtl.l.' __ CttAIN L.II<K 1(Nee' BAI<j(

"
0 .J

""

'-_..J

r "" "

FORMER G4S0t.lllt UST ! R(MOVCO 190'

r;M!}lt gA:i!::tI6)

.... )(W')

TWIN80RO ,. . , . .

LANE

! I ,

'0

SCAI. If( FCz;T

'0 .

.,

\1 _ .
EI!:i!.!B!; j

T\

! \

Ilf 1/
: :r:;, ..

. ,

. '. .. .

DUMONT DEPARTMENT OFPU8LIC WORKS FACILITY BOROUGH OF DUMONT BERGEN COUNlY, NEW J.ERSEY

u:e PRO.l(CT 110. 29,o1

3 /::11 /'21

'.

1 ,

.' . .

. I ;;.

.:..

. .

'

. : . ).

ATTACHMENT

".

schedule

of

Activi t i es

.L

1'1:

'

.;.

"'i :

. .

;,

;:

' - :;
.-i ... ,
;:
.

.F
: l . c, , . . .:i- :'
...... ;-" " 0' .." "

' "01 '

','

: . ' . ,.
. ' "

..! 1
.

:,.;. ::i
"

;.

,',

' , . .. ; .-;'". !.: : ' l: ' ,' 1-'.: ".

;',; ..:;. . : ;:
< ..

i-:;' 1
-

. . ...
.

.
'.r 1

" , . r

; , ._

"

" ,

t'.

,.

;1

i. ! ':,
"

, .,

" j..':;:
. " .

.;
"

:.g
"

'j,

:,'

2f.

::: I

( I'

. ,;.

f: .

Assoc1 afed.
.,

.'

fionitoring ilell ' install ation . :.;

.

we d . Receipt of soil and groundwa :i . ,I ' : ' ; ' :1 . . Submitta1 of :Report to NJOEP '.
. ' ' . .

Firt round .

J : :

of monitoring
:' 1
. ,

'

..

Additional acti vities product }ecovery, e.tc . I f thi s activities. amended !,as appropriat . "
'

:, ::; " . '

-.. . . ,

.'\.. ' ;

'

;
, I ' ,

26501:

SDLCK.l:rR . April 9, 1991

" .

"

: '.

State of New Jersey Depruiment of Envlronmental Protection and Energy

Division of Responsible Party Site Remediation Metro Regional Office 2 Babcock Place West Orange. NJ 07052 Scott A. Weiner Commissioner Tel. H c H\69-3960 fax. # 201 -669-3987 Karl J. Delaney Direcror

November 1 9 , 1991

Joseph A . Ferreiro , Esq . 5 8 - 6 0 Main street P . O . Box 157 Hackensack, New Jersey 0 7 6 0 2
.

Re :

Borough of Dumont DPW Underground storage Tank (UST) Case No . 9 0- 0 5 - 17 - 1 5 2 8M * F i l e NO. 0 2 - 1 0 - 12 Dumont, Bergen county

Investigation

Dear Mr . Ferreiro : On November 7 , 19 9 1 , an inspection of the ' above-referenced faci l i ty was conducted by a representative of the Metro Regional Ms . Jane Levandoski of EEC Environmental , Inc . was also O f f ice . present . At the time o f the inspection, it was determined that fourteen ( 1 4 ) of the f ifteen ( 1 5 ) monitor wells were sampled during the last week of October 1 9 9 1 . MW-5 could not be sampled due to the presence of approximately - f our ( 4 ) inches of non-aqueous phase liquid It was further determined that MW-9 which is located ( free product) . hydrau l i ca l ly down9 radient of MW-5 was developing a petroleum sheen at the time of samplng . These observations appear to indicate that a " s lug" of free petroleum product is moving from MW-5 in the direction of MW-9 . Pursuant to N . J . A . C . 7 : 14B-8 . 2 et , the owner of the UST shall r emove free product in order to minim i z e the spread o f contamination . Therefore , the B orough o f Dumont i s required t o immediately initiate free product recovery in accordance with Section IV . D . of the Scope of Work ( copy enclosed ) . Records of product recovery shall be submitted on a quarterly basis to the Metro Regional O f f i ce . These recovery activities shall be undertaken concurrently with those activities which .are necessary to . complete the final DrCAR r eport due December 2 0 , 19 9 1 .

NewJersey I, an E"wl! Oppornmlty Employer Rocyde<! P",.,

Clt :;Of !cO/lfer-I/!(

FILE COpy

Jseph A . Page 2

Ferreiro,

Esq.

November 1 9 ,

1991

The Borough o f Dumont shall notify this - office in writing within seven (7) calendar days o f the date of - this letter detailing the actions taken to mitigate the spread of free product contamination on-site . I f you 6 6 9 -3 9 6 0 . have any further questions , please contact me at (201)

Specialist
*

Please note that this is the oorreoted case number . this number in all future correspondence .

Please refer to

Enclosure

c:

Jane Levandoski , EEC Environmental , Fil e

Inc.

'-C '
CC '
E E C
, ,

AepIy To "

E N V I R O N M E N T A L

I N C .

November 27, 1991 Ms. Gloria Grant

IF& ! <C IE li V E ID>:

DEC 0 2 1991

N.E. Pennsylvania Office: 39 Public Square, Suite 202 Wilkes-Barre, PA 18701 (717) 829,5310 FAX (717) 829-5398

' ain , 131 NG...h Third Street (Cor. Third & Cherry Streets) Philadelphia, PA 191061903 Phone (215) 6274505 FAX (215) 627-4250

New Jersey Office: 1326 StuyVesant Avenue Union, NJ 07083 (908) 688-1199 FAX (908) 688-()761 Southwest Region 1 100 Alvarado Drive, N.E. Albuquerque, NM 871 10 (505) 255-7096

0 ;).. - 1 0 -

I?-

2 Babcock Place

Metro Regional Office

Division of Responsible Party Site Remediation

New Jersey Department of Environmental Protection and Energy

West Orange. NJ 07052 Subject: frocedures for FreePhase Hydrocarbon (FPHC) Recovery 1 Aladdin Avenue

Borough of Dumont. Department of Public Works Dumont, New Jersey

Case No. 90-05-1 7-1 528M Dear Gloria: This letter confirms our conversation on November 25, 1 99 1 during which we discussed your , November 1 9 , 1991 letter regarding initiation of FPHC recovery at the subject property. As I indicated during that conversation, recovery of the FPHC at the subject property was initiated on November 26. 1 991 . FPHC recovery will be completed through hand bailing at this time. As we discussed, further remedial efforts involving depression of the water table and recovery of groundwater and

treatment of dissolved-phase contamination are premature and not practical at this stage of the , investigation. However. such efforts will be incorporated Into the overall remedial program for the property which will be evaluated conceptually as part of the Discharge Investigation Corrective Action Report (DICAR) to be submitted December 20, 1 99 1 . I understand through

our conversation that this Is acceptable to you.

Hand bailing will be conducted by Department of Public Works employees following training by drums for proper offsite disposal. The frequency at which hand bailing will be performed will be FPHC recharge in the well(s). The anticipated rate is once per day or couple of days. EEC In proper procedures and safety considerations. The recovered FPHC will be collected in

determined during the first several weeks of the recovery effort and will be based on the rate of

To date. recoverable FPHC has only been identified in MW-5; however, a sheen has been at the property will be checked for the presence of product on a semi-monthly basis and included In the recovery program, if applicable.

observed on water from MW-9, which is located downgradient of MW-5. MW-9 and other wells

EXHIBIT "

"' 1-1

'

Ms . Gloria Grant Nobember 27, 1 99 1 Page Two

m e of FPHC recovered fro lude the date, time, volum HC recovery, which will inc performing Records of FP m), and initials of the person ll is Included in the progra e we apparent FPHC each well (if more than on s of static water level and maintaine d. Measu rement ss the recovery, will be contour and FPHC thickne ly basis and groundwater s. This will be made on a month rement thickness d based on these measu maps will be constructe PE on a qu arterly Isopleth (if . appropriate) will be submitted to NJ DE the FP HC recovery logs information and copy of basis . , please contact me. uire additional Information have any questions or req If you

Jane H. Levandoski Project Manager and Council Borough of Dumont Mayor Joseph A. Ferriero, Esq . ., EEC Theodore H. Sobieski, P.G

cc:

er 27, 199 1 26501: L.GRANT Novemb

State of New Jersey Department of Environmental Protectlon

Division of Responsible Party Site Remediation eN Ol8 Trento(l, NJ 0862 S-OOl8

and Energy

SCOtt A. Weinel
Commissioner CERTI FIED RETURN RECEIPT REOUESTED Joseph A . Ferrei r o , E s q . 5 8 - 6 0 Main street P , O . Box 1 5 7 Hackensack , NJ 0 7 6 02 Marvin Katz Dumont Borough Administrator 50 Washington Avenue Dumont , NJ 07628 John cook, superintendent Dumont Department o f Public Works 5 0 Washington Avenue Dumont , NJ 07628

Karl J. Delaney

OOT "S () mt
. ... . .

Dlreccor

'.

){)(

fl E C{)Pl
to

116.i11?-//fJ-f30

Re:

Dumont Department o f Publ i c Works 1 Aladdin Avenue Dumont Boro, Bergen County UST # 0 02 6 6 0 6 Aladdin Park Twinboro Lane and Aladdin Avenue Dumont Boro , Bergen County UST # None Case

9 0 - 0 5 - 1 7 - 15 2 8 8 9 -0 9 - 3 0-08 5 3 , 91-09-12-1533 )

(aka

# ' s 8 6 - 0 9 - 2 2 -10M, 8 6-l0-09 - 0 5M , and 9 0 - 0 3 -0 8 - 1 8 11 , 9 0 - 0 5 - 17 - 1 6 2 0 ,

Dear S irs :

1 9 9 0 , the New Jersey Department o f Environmental On May 1 7 I Protection and Energy (the Department) received notification of a of d i s ch a rge the h a z ardous s u b s t a nc e s , regul a t ed under underground storage o f Hazardous Substances Act ( N . J . S . A . 5 8 : 1 0A2 1 m;. seg) , Which occurred from the above referenced facil i t y . O n August 1 3 , 1 9 9 0 , the Department sent a letter stating the requirements for the proper investigation and the initiation o f

EXHIBIT
J New}emy /, ilIl EqwJ 0pp0ttvrJ/(y Employ", RecydOfd P'f'OF

1----,-I
. .

. . ._ ::_

ocrreotive aotien at the Bereugh c f Dument ' 5 facility . '!'he Department received reperts fer the Bercugh ef Dument dated June 1 9 9 0 and January 1 9 9 2 indioating that the fell ewing steps were taken in cemp l iance with eur requirements . A 1 , 0 0 0. gallen gaseline undergreund stcrage tank system (US'!') was Feur monitcring remeved in May 1 9 9 0 frem the Aladdin Park site . h a v e- subseque n t l y b e e n w e l l s ( MW - 1 , MW- 4 , MW- 8 , and MW- 1 0 ) Grcund water flew directien is nertheast . Cempounds installed . present abeve acceptabl e levels (predeminately velatile ergan ics) have been feund in MW-8 and MW- 1 0 frem the octeber/Nevembe r 1 9 9 1 F i fteen test pits ( '!'P - 1 threugh TP-9 , TP-1 1 , TPsampling event . 1 2 , and T P- 2 0 threugh TP-2 3 ) were excavated . Five seil b c r ings ( A , A-2 , A - 3 , S B- 1 , and SB-2 ) were i n s t a l l ed . The highest l evels cf centam i n a n t s ( predeminat e l y b a s e neutral oempeund s ) a bcve acoeptabl e l imits were detected in scil bering A-2 . At the D um c n t Department e f Pub l i c Wcrks ( DPW) prepe r t y ( 1 . Aladdin Avenue) , a 4 , 0 0 0 gallcn gasc l i n e UST was remeved i n 1 9 8 6 c r 198 7 . A 2 5 0 gallen waste c i l UST was abandcned-in-place p r i c r , . ., t o 198 6 . Active a t the s i t e are : o n e 2 , 0 0 0 gaJ:len diesel UST , . one 3 , 0 0 0 gal l c n gasolin US :' ' and cne 2 50 gallen waste e i l UST . - ... '\) . .... E l even ground wat'er menlterlng wel l s (MW- 2 , MW- 3 , MW-5 t h rcugh and MW- l l thrcugh MW- 1 5 ) exist en and e f f s it e ' ,, , . : MW- 7 , MW- 9 , Greund water f l ew . , . ,. related to. the d i scharges at this faci l ity . d i rect i e n i s n e rtheast . T h e h i g h e s t l ev e l s e f BTE X , 1 , 2dichlereethan e , naphthalene , b is ( 2 -ethylhexy l ) phthalat e , TBA , tetal arsen i o , and silver have been detected in MW-8 , MW- 1 0 , MW1 3 , MW- 1 4 . TWenty-three tests pits were excavated (TP- 1 0 , T P - 1 3 threugh TP- 1 9 , a n d TP-24 thrcugh TP-3 8 ) . E l even scil borings ( B , B-3 , C, C-2 , C-3 , C-4 , 0, 0-2 , E , and E-2 ) have been B-2 , P r edeminate l y , b a s e n eu t r a l oempeunds h a v e b e e n i n s ta l l e d . deteoted in addit ien to. lead . The surface scils oontain s a nd , s ilty sand , and olayey silt which i s theught to. be fill . A s ef December 5 , 1 9 9 1 , free preduct was detected i n MW-5 i and a sheen cbserved in MW- 9 . Free product has been remeved by hand b a i l ing : \ :/_ r. cnly. An aqu i f e r pumping test was p e r f ermed . ..... \.
_ ,

The NJDEPE well searches indicate the presence of ene irrigat icn Hirshfeld Breck well and three dcmestic wells within 0 . 5 miles . censtitutes the eastern berder cf Dument DPW prcperty . Al l the demestic wel l s are leoated en the cppcsite side of the brcck . The entire area i s servioed by public water . Several concerns exist at these two. s it e s , apparently unrel ated to. the UST prcblems . The Bercugh c f Dumcnt shall address these areas e f concern also. . They are as f e l l ows : 1.) Every s c i l boring except A/2 . 5 - 3 . 0 exhibits base neutral compounds above acceptable limits . The Bereugh ef Dumcnt s h a l l ful l y d e l i n eate bcth horizentally and vertically, the extent c f s e i l c e n t a m i n a t i e n . A l l s c i 1 s amp l es s h a l l b e a n a l y z e d f o r v c l a t i l e c r g a n i c s u s i ng EPA M et h o d 8 2 4 0 P r i c r i ty Pc l l ut a n t volatile erganic scans with a l ibrary search ; TPHC using EPA Method 4 1 8 . 1 mcdified for seil s ; b a s e/neutral organios using

.. ... . >: '

..

EPA Method 8 2 7 0 Priority pollutant Base Neutral Scan with a l ibrary search ; PCBs using SW- 8 4 6 Method 8 0 8 0 by GC using 3 5 4 0 or 3550 extraction methods ; and priority Pollutant Metal s . A l l boring logs , including field screening results , shall a l s o be The field screening results shall be reported a l ong provided. with background readings and instrument cal ibration procedures . Field screening methods. shall not be used to verify contaminant identity or clean zones . However , where 1 0 or more samples are required for initial characterization sampling at an area o f concern ( tank or tank area ) , field screening methods may be used to document that up to 50% of the sampl ing points within the area The field screening results o f concern are not contaminated . shal l be reported along with background readings and instrument calibration procedures . The Borough o f Dumont shall determine the source of this contamination . Case # 8 9 -09-3 0-0853 refers to a burning garbage truck that 2.) Chemicals present i n the sought refuge at the DPW property . garbage truck included sul furic aci d , nitric ac id', phosphoric a c i d , b e n z e ne , sodium hydr o x id e , c u p r i c n i tra t e , su l fur , .potass ium hydroxi e , mercuric oxide , and para-dichlorobenzene wh i c h are a l l hazardous subs tances i n c o n c e n t rated form a n d dangerous when h a n d l ed imprope r l y . T h e f i r e department presumably extinguished the fire ( at l east i n part) using wate r . Was the fire truck posit ioned o n a sol id impermeable surface such Where did the water used to extinguish as asphalt or concrete? the f ire run-off to ( so il ? , storm sewers? etc . ? ) ? Has the run The Borough of o f f ever been addressed as part of a c l eanup? Dumo n t s h a l l furn i s h the Departm e n t w i t h a n swers to t h e s e quest ions .

.1

_'

Several monitoring we lls (MW-3 , MW-5 , MW-9 , MW-12 , MW- 1 3 , 3.) MW- 1 4 , and MW- 1 5 ) exhibit gasoline related components , however , there is n o apparent UST source because these wells are e ither " side or up gradi ent to known USTs . The Borough of Dumont sqall d e t e rm i n e the source of the ga s o l i n e r e l a t e d ground w a t e r contamination i n said wel l s . A s can b e seen , numerous environmental problems (unrelated 4.) The Borough o f to USTs ) exist at the DPW and Aladdin Park s ites . a. ) ,Dumont shall examine h i storical records t o determine i f : other unknown USTs might still exist a t the two sites ; b . ) other floor drains other than the ones noted and connected t o the active 2 5 0 gallon waste oil UST ever existed at the sites ; and c . ) any dry wel l s exist or ever existed at the two sites . The 1 , 0 0 0 gal l on gasoline UST in Al add in Park , although no l o nger used at the time of removal , appeared to never have been properly abandoned- in-place. Therefore, the Department considers this t o have been an active tank a t the time o f removal in May 1 9 9 0 . Any a c t i ve t a n k removed on or a f t e r Decemb e r 2 1 , 1 9 8 7 m u s t b e Because pub l i c streets separate registered with the Department . this property from the Dumont Department o f Public Works property 3

The field screening results shall be reported along provided . with background readings and instrument cal ibration procedures . Field screening methods shal l not be used to verify contaminant identity or clean zones . However, where 10 or more samples are required for initial characterization sampling at an area of concern ( tank or tank area) , field screening methods may be used to document that up to 50% o f the sampling points within the area of concern are not contaminated . The field screening results shal l be reported along with background readings and instrument cal ibration procedures . Pursuant to N . J . A . C . 7 : 2 6 - 8 . 5 , the Borough o f Dumont s h a l l determine if any wastes generated ( i . e . , excavated soils, spill The Borough o f Dumont material , etc . , ) are hazardous wastes . shal l provide any sampl e results and the rationale used for the categorization of all wastes generated by this investigation and/or cleanup to assure proper handling and disposal . Please be adv i s ed that improper waste treatment , storage or disposal of haz ardous wastes is a violation of state and federal Hazardous waste Regulations . AS a reminder, all non-hazardous waste must be removed from the s ite to a n approved facil ity within six months after generation . The Borough of Dumont sha l l remove all hazardOUS waste to an approved facility within 9 0 days after generation . Interim . storage o f hazardous waste shall be in accordance with N . J . A . C . 7 : 2 6-9 . The storage of hazardous waste in p i l es is strictly prohibited . The Borough of Oumont sha l l submit to the Department any waste man i fests related to any of the above case numbers . 2. Ground Water

The Borough of Dumont shal l sample all ground water monitoring The samples shall be analyzed for wel l s without free product . v ol a t i l e organics , MTBE and TBA using EPA Method 6 2 4 cal ibrated for xylenes , plus the identification and quantification o f 10 associated peaks (VO+ I O ) , and for l ead using EPA Method 2 0 0 . 7 ( r CAP) or EPA 2 3 9 . 2 (Graphite Furnace) cal ibrated to achieve a The SW-8 4 6 equivalent for this method detection limit o f 1 0 ppb . p r o c e d u r e i s reAP 3 0 1 0/ 6 0 1 0 , s amp l e prep 3 0 5 0/ 6 0 1 0 Furnace 3 0 2 0/ 7 4 2 1 sampl e prep 3 050/2.4 2 1 . Naphtha lene has been detected i n the past, therefore the samples shall a l so be analyz ed for base/neutral organics u s i ng EPA Method 6 2 5 p l u s the identification and quantification o f 1 5 associated peaks ( BN+ 15 ) i volatile organics using EPA Method 6 2 4 cal ibrated for xylenes , p l us the identi f i cation and quant i f ication o f 1 0 associated peaks (VO+I0 ) . The Borough o f Oumont shal l continue to del ineate ground water c o n t a m i n a t i o n , b ot h downgra d i e n t and s id e grad i e n t , a ft e r a This sha l l be current round o f ground water samples is ana lyzed . done by the installation of additional ground water monitoring w e l l s as needed . Any new wel l s s ha l l be analyzed for volat i l e 5

"

organics ( VO+ 1 0 ) , base/neu tra l protocol described above .

organic s ,

and

lead

per

the

For each sampling event , th'e Borough of Dumont sha l l construct scaled i s op l e th maps o f free product thicknesses where f r e e product exists , and scaled isopleth maps for dissolved product concentrations . The Bo r ough o f Dumont sha l l construct scaled ground water direction contour maps for each sampl ing event . 3. Receptor Evaluation flow

The Borough o f Dumont shall plot the results of the well search on a s c a l e d m a p ( s c a l e s h a l l be greater than or equa l to 1 : 2 4 , 0 0 0 ) in rel ation to the fac i l ity, and The Borough o f Dumont The Borough of shall accurately depict a l l wel l s on this map . Dumont sha l l submit a l i sting of a l l wells ident i fied cross referenced to the scaled map, and the Borough of Dumont shall submit the l i s t , the map , and any specific information ava i l able The Borough of Dumont sha l l submit on the wel l s to the NJDEPE . the following i n formation with the results of the wel l search : the type o f we l l'; the status of the wel l (active , inactive, properly abandoned pursuant to N . J . A . C . 7 : 9 -9 et . seq . ) , total depth , casing length , open bore hole or screened interval , copies of well records and or wel l logs on file with the NJDEPE ' s Bureau of Water All ocation , and any additional records aVai l able in county or municipal records . The Borough o f Dumont shall submit a l i st ing o f a l l S ourCes r e f e renced in p e r f orming t h e w e l l search . I f a re ferenced agency i s unable t o prov i d e the i n format i o n r equested , t h e Borough o f Dum o n t s ha l l provide written documentation that the source was contacted and that the request for information was either denied or that the information was unava i l abl e . 4. Ecological Evaluation

Not required at this time . B. Quality Assurance

The Borough o f Dumont sha l l submit a l l Tier II QA/QC data .

It is important to note that effective April 2 5 , all 19 9 2 , persons performing tank services must be certified per N . J . S . A . 5 8 : 10A-24 . 1- 8 . A l l work related to any tank service must now be conducted by , or under the direct supervision of an individual All documents ( permit certified i n the activity being conducted . a p p l i c a t i o n s , report s , proposa l s ) submitted to BUST must be prepared and s igned by a certified individual . The Borough of Dumont shall notify the assigned BUST Case Manager
6

'

at least 1 4 c a lendar days prior to impl ementation of a l l field I f the Borough of Dumont fa i l s to initiate sampling activities . within 3 0 cal endar days of the receipt of this letter , any requests for a n extension . of the required time frames may b e di.
Administrative Requ i rements

Based pon the above requirements and the data generated to date , the Borough o f Dumont is required to submit a Remedial Action Workpl an . Thi s document shall be submitted to this Bureau at the above address , within ninety ( 9 0 ) days upon receipt o f this l etter . The R e m e d i a l Ac t i on Workp l a n sha l l : a ) deta i l a l l activities conducted to achieve compliance with the requirements l i sted in this letter; and b) present a comprehensive remedial proposal for a l l soil and ground water contamination presen t as the result of your discharge ( s ) based upon all data collected to da t e . P l e a s e note that o n l y o n e copy Cl f the Q u a l i ty As surance/ Q u a l i ty Control De l i verab l e s i s needed . Gui dance regarding the minimum requirements and presentation format for thi s document are provided below. The proposed "Tecnnical Requirements for s ite Remediation" rules ( N . J . A . C . 7 : 2 6E ) appeared in the May 4 , 1 9 9 2 New Jersey Reg i s ter . the prop o s e d rules prov i d e gu i d a n c e concern i n g These environmental investigation and remediation at contaminated s i tes Prior to o r s i tes at w h i ch contamin a t i o n is s u s pected . promul gat i o n , t h e s e proposed ru l e s w i l l be used . a s the Department ' s primary guidance document , replacing the Div i s i o n of R e s p on s i b l e Party S it e Remed i a t i o n ' s Remedial Inves t i g a t i o n Guide, the ECRA Cl eanup Plan Guide, the Bureau o f Underground Storage Tanks ' ( BUST) scope of Work document ( and appendices ) and he BUST Techn ical Guidance Document . It should be noted that technical requirements are included in subchapters 7 , 8 and 9 of the Underground storage of Hazardous Substances Act ( N . J . A . C . 7 : 1 4 B- 1 - 1 3 and 1 5 ) . I f the p erson responsible for conducting an environmental investigation/ remediation chooses to apply the proposed rules to their s it e , a l l appl icable guidance appearing i n the proposed rules should be f o l l owed to accompl ish the investigation . This will a l l ow for cons istent evaluation of any .discharges and potential impact s . I n addition, the proposed "Cleanup Standards for contam i nated S ites " rules ( N . J . A . C . 7 : 2 60 ) appeared i n the February 3 , 1 9 9 2 Th e s e s h a l l b e u s e d as gu i d a n c e t o N e w J e rsey R eg i s t e r . what concentration of contaminants need to be p r e sent determine : at a site to consider the s ite contaminated; which areas of e n v i ronmental c o n c ern need add i t i o n a l i n v e s t igation ; a n'd t h e concentration o f a contaminant all owed t o remain for a site t o be cons idered "clean " . When the person respons ible for conduct ing a cleanup agrees to r e m e d i a te a c o n t a m i n a t e d s i te c on s i st e n t w i th the prop o s e d c l eanup standards , n o further discussion o n the identification o f 7

It shal l be remembered, cl eanup standards will be necessary . however, that upon adoption, or at any time therea fter, i f the c l eanup standard f o r a given contam i n a n t i s revised , then reme d i a t i o n to ach i eve that adopted c l e a n u p standard may be required . I f the person responsible for conducting a cleanup does not agree stent with the proposed to remediate a contaminated s i te consi cl eanup standards , then the NJDEPE cannot require compl iance with In these circumstances , the the proposed standards at this time . responsible party sha l l submit a proposal t o the NJPEPE that details the site spec i f ic circumstances and technical rational for proposed c l eanup goals on a case-by-case basis .
Remedial Action

workp lan submission

A.

The Remedial Action workpl an Format

To insure a complete and timely review o f the submittal , the Remedial Action Workplan shall be a self-supporting document . As a guide to this process , the fol lowing el ement's shall be incl uded in the formation o f the plan :

1.

Table of contents

2. Introductio n . Include site acreage, site use during the rel ea s e , current s ite use, local land use, local topography, geol ogy , and hydrogeol ogy . s lUrunary o f UST-Related Environmental Concerns . This shall 3. i n c l ud e the r e s u l t s o f a l l previous s o i l and ground w a t e r A detailed sampl ing i n tabular form, including scaled s ite maps . presentation of the i tems required ( above) in this letter s ha l l b e included. 4. summary of Proposed Remedial Actions . This shall include a t o be d e t a i l ed descr ipt i o n o f the remed i a l tech n o l ogy ( s ) uti l i z ed , the media to b e a ffected by each technology, scaled s ite maps detail ing the areas where remedial action w i l l be conducted , supporting technical information appropriate to the technol ogy and volumes of each media to be remediated ( including v e r t i c a l and h o r i z o n t a l extent ) . Th e f o l l ow in g techn i c a l i n f ormation sha l l b e included, where appl icable to the remedial technol ogy chosen : a) the hydraulic conduct ivity of the affected a q u i f e r ( s ) , i n c l u d i n g ca l c u l a t ion s ; b ) c a l cu l a t i on s and maps s h o w i n g the p r e d i c t e d capture z o n e s ; c ) c a l cu l a t i o n s o f the optimum pump rate and number o f ground water and/or air withdraw p o i nt s , or trench con figuration required to control the plume ; d ) calculation o f the ground water velocity prior t o pumping ; e ) grain s i ze analyses ; and f ) soil total organic carbon content and pH . A l s o included shall be a map ( s ) and description of the ground water monitoring wel l s to be used to ' monitor the effectiveness o f t h e remed ia t i o n , b oth at the source a n d at downgrad i en t comp l i ance point s .

Identificat ion of the treatment and disposal methods t o be 5. emp loyed for any ground water or soil to be removed . 6. Cleanup l evel to be. aChi eved . media and parameters . Be specific with regard to

7. summary o f any permits necessary to implement the cl eanup . Please note that the NJDEl?E w i l l not approve a Remedial Action Workpl an which propo s e s to d i scharge to a pub l i c ly - owned treatment works ( POTW) without the prior written consent o f the POTW .

8. The Workp l an shall detail the specific activities that will be used to complete the proposed cleanup objectives . 9. A post-remedial sampling and monitoring plan for each media to be remed iated. 1 0 . A spec i f i c time table for implementation of the Remedial Action Workp l a n which includes milestones in the proj ect . 1 1 . Quarterly proress reports , for the duration of the cleanup .

12 . Estimate o f costs for the c l eanup , which s ha l l include:

a. b. c. d. e. f. g. capital costs operation and maintenance costs monitoring system costs laboratory costs engineering, l egal and administrative costs contingency costs summary of a l l remedial costs incurred to date

below)

( see and the

An adm i n i s t r a t iv e checkl i s t i s provided ( Attachme n t # 1 ) s h o u l d be u s e d as add i t i on a l guidance when f o rmu l ating Remedi a l Action Workplan .

I f the items l isted in sUbchapter 4 of the proposed "Technical Requirements for site Remed iation " ( sections 4 . 8 . and 4 . 9 ) have not been submitted in prior reports , they should be included in the Remedial Action Workplan . A summary o f the total cost o f c leanup ( actual or anticipated) s ha l l be submitted with any RAW or request for No Further Action . This shall be broken down as f o l l ows : tank removal and disposal costs ; capital costs including monitoring systems and equipment ; mobi l i z ation cost s ; operation and maintenance including labor, ut i l i t i e s a n d repa i rs ; c o n s u l t i ng a n d l abo r c o s t s i n c l ud i n g engi n e e r i ng , e nv ironment a l , l eg a l a n d a dm i n i s trative costs ; a n a l y t i c a l / l a b oratory c o s t s ; s amp l e c o l l e c t i o n c os ts ; and disposal costs including transportation , waste transfer fees and facil ity t ipping fees . B. Data Presentation
9

Summa r i z ed a n a l y t i c a l resu l t s a r e requ i r ed i n tabu l a r form . Borough o f Dumont shall also submit with the analytica l data , all documents assoc iated with the sampl ing and testing , including , but not l imited t o , lab sheets , chain of custodies , results of blank a na l y s e s , lab chron i c l e s , summa r i es of a n a l y t i ca l ins trument tuning and ana l y t i c a l methods used . The NJDEPE recommends tha,t the Borough o f Dumont refer to the attached "Guidelines for Data Presentation" for add itional guidance- in the preparation of its submittal (Attachment # 2 ) . The Borough o f Dumont sha l l coll ect a l l samples in accordance with the sampling " NJDEPE Field protocol outl ined in the May, 1 9 9 2 edition of the Sampling Procedures Manual " . C. Permit Appl ications

All appropriate permit applications shall be submitted e ither p r i o r to or i n concert with the , em e d i a l A c t i o n Workplan Copies o f a l l permit application cover l etters shall submiss ion . be provided with the Remedial Action workplan . In addition , the Department h a s r e c e n t l y e s t ab l i shed the O f f i c e o f P ermit OPIA I S responsib i l ities include Information Assistance (OPIA) . providing permit information to the publ ic and assisting permit appl icants through the permit coordination process when a proj ect requires permits from various programs . OPIA can be reached at ( 6 09 ) 9 8 4 -0 8 57 . As a reminder, a NJPDES Discharge to Ground Water ( NJPDES -DGW) permit wi l l be required for all active ground water rem'e diation ( and some o n - s i t e s o i l tre atment t e ch n o l o g i e s ) and na tural propo s a l s . , P l e a s e note that i f ground water reme d i at i o n activities result i n a diSCharge t o surface wate r , The Borough o f Dumont shal l a l s o obtain a NJPDES Discharge to Surface Water Permit (NJPDES-DSW) , category B ( Industrial/Commercial Surface Water Discharge) or Category B4 ( General Permit Fuel Cleanup ) . Any d ischarge to a publ icly owned treatment works ( POTW) in excess of 2 5 , 0 0 0 gallons per day requires a NJPPES S igni f icant Indirect User permit (NJPDES-SIU) , category L ( Indirect Discharge I f ground water, will be treated prior to discharge , a to POTW ) . treatment works approval (TWA) shal l also be obtained. Air discharges from vapor extraction systems also require permits . Final l y , surface o r ground water withdrawal i n excess of 1 0 0 , 000 gallons per day ( or 1 0 , 000 gallons or more in critical aquifers) requires approval b y the Department . For further information contact the Bureau of I nformation Services (NJPDES-DSW or S I U ) at ( 60 9 ) 9 8 4 -4 4 2 8 , the Bureau of Industrial Discharge Permits (TWA) at ( 6 0 9 ) 2 9 2 -4 8 6 0 , the Bureau of New Source Review (Air Permits ) at ( 60 9 ) 2 9 2 -6 7 1 6 , or the Bureau o f Water Allocation (ground water withdrawal ) at ( 60 9 ) 292-29 57 . As per N . J . A . C . 7 : 1 4 B-12 . 1 , the owner and operator of regulated underground storage tanks are j oint and several l y l iabl e for Failure to comply with the comp l i ance with these regulations . r e qu i r em e n t s d e t a i l ed above may r e s u l t i n t h e a s s e s s m e n t o f 10

penalties as provided for by the Water Pollution control Act, N . J . S . A . 5 8 : 1 0 A- 1 et s e q . a n d t h e Underground s t o r a g e o f Violators Hazardous Substances Act , N . J . S . A 58 : 10A- 2 1 et seq. are l iable for penalties of up to $ 5 0 , 0 0 0 per day for each day o f continuing violation . I f you have any questions, please contact John Rubl of the Bureau of . underground storage Tanks , Tank Management section - Phase I I ,_ at ( 6 0 9 ) 9 8 4 -3 1 5 6 . sincerely,

Kevin F . Kratina , Acting chief Bureau of Underground Storage Tanks

CI

'n;J

s t even T i f f i n g e r , Bergen county Dep artment o f H e a l t h Serv i c es , 3 2 7 E a s t Ridgewood Avenue , Paramus , NJ 0 7 6 52 - 4 8 9 5 John Rubl , Bureau of Underground storage Tanks Jane Levandoski , EEC Environmental I nc . , 1 3 1 North Third street , Ph i ladelphia , PA 1 9 1 0 6

Enclosure s : UST Registration Package Attachments 1 & 2 S o i l Re-Use Guidelines Laboratory D e l iverables

11

Christine Todd Whitman Governor

Department of Environmental Protection Bureau of Underground Storage Tanks CN'()28 401 East State Street Trenton. NJ 08626

htfe af efu Ww.e

Robert C. Shinn, Jr. Commissioner

CERTIFIED MAIL . RETURN RECEIPT REQUESTED

John Dudas, Jr. Dumont Borough Attorney 1 4 W. Madison Avenue Dumont, NJ 07628 Marvin Katz Dumont Borough Administrator 60 Washlng10n Avenue Dumont, NJ 07628 John Cook. Superintendent Dumont Department of Publlo Works 50 Washlng10n Avenue Dumont, NJ 07628 RE:
. . .

' ,',

" ,

" , . ' .

Aladdin Park Twlnboro Lane and Aladdin Avenue Dumont Borough. Bergen County Case # 9O'()S171528 (aka #8 9O.()6171620, 91.{J9121533, & 9O'()3'()818 1 1 ) . UST # 0243632 Remedial Action Workplan Dated: January 1 7, 1995

Dear Sirs: The Department of Environmental Protection's (Department) Bureau of Underground Storage Tanks (BUST) has completed tts review of the above referenced document. BUST has reviewed the aspects of the above referenced document that relate to the former regulated underground storage t(lnk system (USn. Please be advised that the document. as relates to the former UST cannot be approved as a Remedial Action Workplan (RAW). The aspects of the Investigation not related to the rellulated UST will not be reviewed by BUST because BUST has only statutory authority to manage UST Issues. The remainder of the RAW will be forwarded to another group wtthln the Department which has the statutory authory to handle the non UST Issues. As explained In a previous letters, H the Borough of Dumont wishes to have only one Department case manager overseeing the site. then the Borough of Dumont must enter Into a Memorandum of Agreement (MOA) [document previously sent] requesting that both the UST Issues and nonUST Issues be handled simultaneously through an MOA.

NewJersey is an Equal Opporhmity EmplDyer

J . J.

. EXHIBIT

In an effort to continue the UST Investigation at this stte, . the document Is hereby condttlonally approved as a Remedial Investigation Workplan (RIVv). The remaining deficiencies are descrlbed below. I. . Area of Concern #1 (ACC #1): Fonner 1,000 gallon gasoline UST located approximately 50 feet north of Twlnboro Lane and 50 feet west of Aladdin Avenue. . Soli Sampling Requirements . Although 15 test ptts and 5 soli borings were Installed onstte In numerous locations across the sae, none of the test pHs nor any of the borings were Installed In the former excavation area, Because post-excavatlon soli sampling relevant to the UST excavation was not conducted when the gasoline tank was removed, or any time thereafter, soli sampling of the former excavation Is required to ensure that soU contamination does not exist. The sampling locations and frequenoy shall be In acoordance wnh N.J.A.C. 7:26E-6.3 and 6.4. If the excavation was enlarged horizontally beyond the.1mmedlate tank removal area, addttlonal soli samples shall be taken pursuant to N.J.A.C. 7:26E-6.4(a)211v.
.

The borlng depths shall correlate wnh the former depth of the excavation' and shall be located wnhln the native soli. Sample depths shall be determined pursuant to N.J.A.C. 7:26E-6.4. Field screening of the soli borings shall be conducted because the tank contained volatile organic compounds. Samples shall also be collected In the area of all former piping and dispensers In accordanoe with , N.J.A.C. 7:26E-3. Locations should be biased towards potential discharge areas Oolnts, connections, etc.). AU ssmples shall e analyzed for volatile organlcs' uslng EPA .MeU'lqd .(l240 calibrated for xyienes, wUh a library search (VOS+10), and for lead using SW-846 MethOdS.G050 and'3051 using Inductively Coupled Argon Plasma Atomic Emission Spectrometric Method: (tCAP) or Graphite Furnace. All b9rlng logs, Including fleld.Sl!reenlog results, shall also be provld$d; he field screening results shall be reported along wUh background readings and Instrument ciallbrallon procedures. . . . Dumont Borough shall submH a site diagram'Indicating the exact locallon and orientation of the former 1 ,000 gallon 'gasoline UST and associated product-bearing p!plng; dispensers/pump Islands, monitoring wells, subsurface condutts and utllHles, eXisting structures, etc. Once the required , soU borings are obtained and analyzed, D!lmont Borough shall receri:!, thek (098t10,; on' the above scaled, site diagram relative to the appurtenances mentioned, and Inclune the outline of the former excavation. Dumont Borough shall also Include the depth of tha sample Interval used for analysis, and list all compounds detected wtth the respective cc:mentratlons onto the sUe diagram.
. . . " ,

Backflll Documentation . Dumont Borough shall submit documentation certifying that the material used as backfill Is free of contaminants and meets all requirements pursuant to N.J.A.C. 7:26E-6.4(b). Please note that the Department may require sampling of any backfill suspected to be contaminated. The Department's most recent general guidance on contaminant cleanup crHerla Can be found In the April 1994, edition of the Site Remediation Newsletter, It must be remembered, however, that the actual cleanup goal at a particular sne Is determined by the Department on a case-by-case basis and may be different than that In the above referenced newsletter. This variation .may be due to many factors, Including site specifiC human health and enVironmental exposure pathways, the presence of site contaminants not addressed In the newsletter, and site speclflo physical characteristics. In case speclflc sHuatlons, when cleanup criteria Is modlfled from one previously established for that specifiC site, the Departme(lt will make every effort to expeditiously notify the responsible party. Please consult the case manager listed below to discuss any modificationswhich may Impact your remedial . actions.. If the person conducting a cleanup does not wish to remedlate a contaminated stte consistent with the newsletter, they shall submit a proposal to the case manager listed below that details the site specific circumstances and technical rationale for cleanup goals on a case-by-case basis. 2

Please note that the Ground Water Quality Standards (N,J,A,C, 7:9-6) have been adopted and appeared In the February 1 , 1993, New Jersey Register, This rule adoption may Impaot requirements for ground water remediation and soli cleanup (I,e, where the soli may contribute contaminants to the ground water above the applicable standards) for a particular she and should be referenced and discussed wkh the case manager listed below, II, Ground Water
A,

Ground Water Monltorlhg . . Four (4) monkorlng wells (MW-l , MW-4, MW-s, MW-10) have been Installed on-site, and al]other three (3) ground water monitoring wells (M W-2, MW-16. and MW-17) are Installed off she, The subsurface appears to consist of fill overlying glacially deposhed sediments, Bedrock has not been encountered In the well borings, Slug tests on several of the wells on the nearby Dumont Department aI Public Works she Indicates that ground water Is flowing at a rate of .1 7 feet per yaar, Ground water flow has been determined to be northeast, Depth to ground water during the most recent sampling event ranged from 3,5 to 9,7 feat below grade, Free phase product has never been detected In any of the monitoring wells, To data five (5) ground water sampling events have been conducted, the most recent III October 1994, For the Oetobar 1 994 sampling event, only moriltorlng wells MW-2, MW-s, MW-l0, MW-16, and MW-17 were sampled, The samples were analyzed for VO + 1 0, total xylenes, MTBE, and TBA. The results of the October 1994 sampling event exoeedlng the Ground "Water. Quality Standards are as follows (ppb): MW-s wkh 30 ppb benzene and 1 ,400 ppb to)al xylenes; MW-10 wkh 1,400 ppb benzene, 830 ppb elhylbenzene, and 600 ppb total ,xylenes, Please .rlote, the Department compares the library search tentatively Identified cbmpouns (TICs)jo the-sta.ricta'rd s for Synthetic Organic Chemicals (SOCs) found at N.J,AC, 7:9-6, As SUch, Indlvlduat TIC"s'srebe compared to the Interim generic crHerion of too ppb for Individual noncarclnoget'1!G. 90mpounds, All TICs detected In a ground water semple are compared to the 500 ppb total SOCs Interim generic criterion, Therefore, MW-s exhlbked three Individual TICs exceeding .tha f 06' ppb crHerlon and a total al 1 ,t94 total TICs exceeded the 500 ppb total TICs crHerlon, AlSo, MW-1 0 exhibited ten Individual TICs exceeding the tOO ppb erHerlon and total TICs at. 2,eoo,ppb exceeded Ule 500 , , .' . ' :' ppb crHerlon, Because a sHe diagram has not been submitted that locaies the monkorlng wells relatIVe to the former tank excavation, It Is difficult to determine the location of the wells relative to the source area of the gasoline contamination, Dumont Borough shall submk a ske diagram Indicating the exact location and outline of the former UST and associated piping, . dispensers/pump Islands, as related to monkorlng wells, sul:lsurfaee conduits and utllHles, eXisting structures, eta.

e,

Contaminant Plume Delineation By overlapping sHe diagrams submitted In previous reports, H appears that MW-1 Is located hydraulically up gradient of the former excavation, In order to adequately define the gasoline plume, Dumont Borough shall Install addklonal ground water monHorlng wells to fully delineate the horizontal and extent of ground water contamination, Contamination shall be delineated to the Ground Water Qualky Standards, N,J,A,C, 7:9-6. unless otherwise approved by the Department, At a minimum, a ground water monHorlng well shall be Installed: ,

v' hydraulically downgradlent and within ten (10) feet of the former UST excavation In order to .
determine source area coricentratlons;

v' midway between MW-l0 and MW-16 to more accurately deflne the lateral extent althe plume .
o n the northem side:

..; on the comer of Aladdin Avenue and Armour Place (DPW property) to better define the . downgradlen! extent of the plume, If Is necessary to Install wells off-se. Dumont Borough shall provide documentation of wrltleQ requests seeking access to Install said monUorlng wells on off-site properties within thirty (30) calendar days of receipt of this correspondence, Please be advised that N,J,S,A, 68:10B. a statute concemlng site remediation. provides a cause of action for persons to obtain access to properties not owned by that person for the purpose of conducting remedial activities at that site. Please see the enclose4,lGulde for Submission of Remedial Action Workplans' on this provision of N.J.SA 68:10B for further Information, Dumont Borough shall subm boring logs and the monitoring well construction details . (Monltorlng Well Certification Forms A and B. enclosed) for all newly Installed monitoring walls, Dumont Borough shall also complete and submU Monitoring Well Certification Forms A and B for existing Wells MW-l. MW2. MW-4. MW.f3. MWl0. and form A for MW16 and MW17, Caples of the forms are found In the 'Guide for Submission of Remedial Action Workplans' .
-

C. Ground Water Mon"orlng and Reporting Requirements On a seml-annUai basis and unlll a ground water RAW Is approved. Dumont Borough shall sample every nionorlng well Which does not contain free product and anale the samples for benzene, toluene, ethylbllnzene, total xylenes, MTBE, and TBA provided an EPA approved method which employs gas chromatography Is used: and for lead (Pb) using EPA Method 200,7 OCAP) 'or EPA 239,2 (Graphite Furnace), . The SW-846 equivalent for thl. procedure ,ls ICAP 3010/6010. sample prep 30S0/6010 Furnaoe 3020/7421 sample prep.05(j/242I , . , . . . .. .. ' ," '" For each sampling event. Dumont Borough shall submit a table.to IncJ', for eaoh monitoring well: 1.) top 01 casing elevation: 2.) top of screen elevation: 3,) grol\Oq wtr elevation (oorrected for free phase product n presen)}; 4.) free phase product elevation (ff pts.n.I):ilnd 5.) free phase .. product thickness (ff present). '... : . " For each sampling event. Dumont Borough sti 1I construct 1\ scaled I plel map of free product thickness Where free product exlals. and scaled . Isopleth ms 'for dl,ssolved . producl ooncentratlons. Dumont Borough shall subm" Ihe updated 'maps .'\'1"1\ each . subsequent . SUbmittal.

: '.

, '

Dumont Borough shall construct and submit scaled. ground water table contour maps for each ground water sampling event A ground waler contour map reporting form. see the Department's March 1 995 'Guide lor the Submission of Remedial Action Workplans'. shall accompany each ground water contour map submittal.
D. ClalllflcaUon exception Areal

ClasalflcaUon exception Areas (CEAs) pursuant to the Ground Water Quality Standards (N,JAC, 7:9-6. Jl..wIJ apply to all s"e remediation cases Involving ground waler contamination above

tOEAs)

applicable standards, A designated CEA shall also act as ,a Well Reslrlotlon Area pursuant 10 ' . N.J.A.C. 7:S:S.6(d).

As a result of the ground water contamination at this site. a CEA shall be established at the time of remedial action workplan (RAW) or no further action (N'FA) approval. as applicable. The proposed RAW or NFA shall Include. and will not be approved without. the following:

1) latltude and long"ude with an accuracy to ,1/10 of a second and lot and blocks 01 Impacted . . properties; l!1QIS;, Se boundaries can define the CEA H no offs"e contamination Is expected to occur for the duration of the CEA: . 4

2) list of affected aquHers: 3) list of contaminants of concem: 4) estimated longevity of the CEA, based upon the most mobile and persistent compounds, to meet the GWas. (As appropriate, existing monitoring data shall be used to verify models.) For cases Involving active remediation, .the longevity of the CEA may be Indeterminate but . not permanent: See the attached CEA Guidance Document for further discussion 5) the mapped boundaries of the CEA on a USGS 7.5 minute quadrangle map: 6) FOR GROUND WA TSRUSE AREAS": The CEA shall be presented In Geographic Information System (GIS) Format (see the attached CEA Guidance Document for more Information on the GIS you can' obtain the NJDEP 'GIS Mapping the Present to ProteCt New Jersey's Future Mapping and Digital Data Standards' available from the NJDt;P, Bureau of Revenue, . CN417, Trenton NJ 08625): . 7) FOR GROUND WATER USE AREAS: Impac\ed property owners and local officials (mayor, . planning board and health department) must be notified by certified mall. The ':lotlce shall Inform them of the CEA and ground water use restriction (discuss with case manager before defining) prior to submittal of the proposed RAW or NFiI. and solicit comments to be submitted to the Department's case manager. The RAW or NFA wll! not be approvel! without proof and caples 01 notlflcallon. The Department suggests that contact be made with your case manager to dlsouss the boundaries of the CI:A prior to publlo notification. the full extent of the plume, the CEA can be proposed for tliat portion blng rell)edlated. The CEA , . . . , . . ... ". : . ' boundaries and longevity can be adjusted over time. .. . . , . *Ground Water Use Areas shall be defined as those locations wlth'ourrent'ot Mure round' water use (potable, Industtlal, agricultural, etc.). Current ground water ue. shall be based on the Department's Bureau of Water Allocation flies, consulting' the New Jersey:Water' $uppfy Master Plan (copies avaUabie In the OffIce of Environmental Planning), contacting' the. lticaI or regional water purveyor, and, as necesSary, conducting a doorto-door canvass. Future groundwater use (over a 25-yesr planning horizon) can be determined from local or regional water purveyors,locaI qr county planning 'boards and boards of. h.ealtt). and the New Jersey water Supply MEister. Plari. . .,' . .: " ' . ':

If a RAW will be 'proposed for ground water remediation that does not currently Include

"

,:"

111.

Receptor Evaluation A. UlIIHles

The nsarest utility receptors are a sanitary sewer line at a depth of 7.5 It located approximately 60 feet east (downgradlent) and a natural gas line at a depth of 2.6 to 3.0 feet located approximately 65 feet east (downgradlenl). The sanitary sewer line may have an Influence on 'plume migration dlreotlon (adding a northerly component).

' Dumont Borough shall identify thl1 possible Interconnection of ground water to the subsurface' sanitary sewer and natural gas lines located along Aladdin Avenue and determine the depth of Inven, the . diameter and construction specHlcations of the subsurface structures. Dumont Borough shall determine Whether the either utility may be acting as a conduit for ground water migration, either along the bedding plane or within the structure Itself, or whethr the subsurface structuree may be aotlng as a barrier for ground water migration because the depth to ground water at the slte Is shallow. Sampling of the sanitary sewer water may be required pursuant to N.J.A.C. 7:26E4.5, If applicable. If an Interconnection Is identified, utilities shall also be checked for signs of contamllon. This may be completed through vlsiJal Inspeotlon and use of fleld screening Instrumenta.

B . Surface Water Body . . The nearesl surfaoe water body Is Hlrshfeld Brook, located approximately 500 It east (downgradlent). Ground water sampling results Indicate the plume does not threaten the brook.
C. Well Searches A total of three domstlo wells and one Irrigation well are located less then 2,500 feet from the stte. The closest well Is 1 ,500 fI downgradlent. However, tt Is on the oppostte side of Hlrshfeld Brook and Is not likely to be affected because of tts distance from the plume, Hlrshfeld Brook would most likely act a:f a reoeptor Interseotlng the plume, the distance between the gasoline dlscherge and the well, and that tt Is caloulated that It would take almost a century before the . plume could migrate the necessary dlstanoe.

D. Basements Because MW-16 and MW2 have exhibited volatile organlo compounds, Dumont Borough shell determine whether basements are present along the portion of the northern side of Armour Place, between Aladdin Avenue and Hlrshfeld Brook. Should levels of contaminants In MW-2. MW16, MW17, or the required monttorlng well on the comer of Aladdin Avenue and Armour Place exceed the GWQS, then Dumont Borough may be required to dillermine the presence/absence of gasoline vapors In accordance wUh N.J.A.O. 7:26E-4.4(h)4.

IV.

Qualltv Assurance
,

/.
,

A. All data submitted shall oonform to the "Technical Requirements lor .me Remediation.' N.J.A.O. . . .
7:26E, except where specHlcally Indicated.
'

' ! . :": . '

'

"

. B. In accordance with the ;"echnlcal Requirements jar Site Remedlatiori;" S

C.

: :, Dumont Borough shall Indicate on Mure cheln-of-custodyforms, tne'riuithod . . . .. . . : to maintain the samples at the IlIrget temperature of 40.
" '

IIY N.J.A.C. 7:26E 3.10(b) 3, a technical overview Is required for any report submission: ! As. part of thet overview, a discussion regarding the reliability of the laboratory analytical Mta; shall tie Included. Please see Appendix 2 of the March 1995 Guide for th Submission of Rernedlljl Action Workplans.
. . .

..

"

'

'

of.refrlgeratlon used
'

v.

.Q!!w:

:
.

A. Certification Requirements ' It Is Important to note thet effective AprU 26, 1 992, all persons performing tank servloes must be . certified per N.J.S.A. 6S:10A24.1-8. All work. related to any tank service must 'now be : conducted by, or under the on.. alte Immediate supervision of 1m Individual cllrtlf1ed In the , activity being conducted. M documents (parmtt applications, reports, proposals) submitted to BUST must be prepared and signed by a certif1ed Individual.
'

B. Field ActIvity N ot lflcatlon Dumont Borough shall notify the assigned BUST case manager at least 14 calendar days prior to Implementation of field activales. If Dumont Borough falls to Initiate sampling wahln 30 calendar days of the receipt of this letter, any requests for an .extenslon of the required time frames may be denied. . :
' .

C. Cost Recovery

On IiprII 5, 1993, the UST Fee Rule (Amendments' and New Rules at N.J.A.O. 7:1 48) was . proposed. This rule appeared In the February 22, 1 994, New Jersey Register. Effective February 6

22, 1994, the Department will be billing you for the Department's oversight of all work conducted at your site. Documents submitted In accordance with the "1'echnlcal Requirements for Stte Remediation' (N.J.A.C. 7:26E) will help reduce the time necessary for the oversight of the above referenced site. At this time, the Department Intends to process bills on a semlannual basis. Please consult the April 5, 1 993, and February 22, 1994, State Registers for details. Copies can be obtained by contacting the Office of Administrative Law at (609) 688-$00.

D. Elfec1lve Analysis and Certification Dumont Borough shali 8.- bmlt an Effectiveness Analysis and Certification. This submission shall Include an analysis artil certification that the proposed remedial action meets the orlterla contained In Section- 36 (g) of P.L 1993, c.139, Including an analysis of long and short tenn effectiveness, Implementabillty, timeliness, cost differential of permanent nd nonpermanent remedies ( appllcable), and community concerns. Please nole thaI the Effectiveness Analysis and CertNicatlon supersedes the Remedial Alternative Analysis In N.J;A.O. 7:26E5. Dumont Borough shall resubmit a more detailed RAW propoSal for both soli and ground water once the above requrements are accomplished. VI. Administrative Requirements Based upon the above requirements and the data generated to date, Dumoht Borough Is required to SUbmit a revised RAW In accordance with N.J.A.O. 7:26E-a.2 and P.l., 1 993,.g.I?9 (S1070). This dooument shall be submitted to this Bureau at the above address, -w'lthln -ninety (90) days upon receipt of ihls letter. The Revised RAW shall detail all actlvttles condu6ted-fo:l\Qletj compliance wHh the -requirements listed In this letter. A.ddltlonally, the Revised W sha!l.prselii a comprehensive remedial proposal for all soli and ground water contamination preslmt. - -_4Idance regarding the minimum requirements and presentation format for this document are p'rQvl4ed In the tJiaroh_ 1995 'Guide for the Submission of Remedial Action Workplans.' ' . :. . . It should ba noled that H Dumont Borough completes the above requirements; a!1d the data Indicate that the remedial Investigation has not been completed (I.e., oontamlnlltlon not oompletely delineated), Dumont Borough shall subm a RIW In aocordance with N.JAc. 7:2SE-4.8 within the specified time frame. The RIW shall Include a schedule of Implementation of \he remaining remedial, Investigation required and the submittal date of the Revised RAW. Dumont Borough also has the option of completing the remalnln!"Temedlal Investlgallon. In acoordance with N.J.A.O. 7:26f':-4, followed by the submission of the RIR/RAW. If the latter option Is selected, Dumont Borough shall notify the case manager listed below, In writIng, wHhln two weeks prior to the specified time frame referenced above. This notification shall Include a generic discussion of activities conducted to date , and activities to be conduc1ed, as well as a detailed schedule of Imp/ementatlon whloh Includes the submission of the RIR/RAW.
, ' _ -

Please note, pursUant to N.J.S.A. 5B:l0A21 .lll . and N.JAO. 7:14B -!. , the owner and operator of the regulated - underground storage tanks are strlotly liable for oompllance with these reqUirements. In addition, all state regulated USTs, except for heating 011 USTs for onsHe consumpllon, are regulated under 40 CFR Part 280. Non-oompllance-wlth these federal and state regulations exposes the tank owner and J)perator to the penalty and liability specified In 40 CFR Part 280, N.J.S.A. 68:10A21 .lll . and N.J.A.C. 7:148 .lll .

,1"

".

"

If you should have any questions regarding this rnstter. please contact John Rulli. SenIOr Geologist and case , at (609) 984-3166. ' manager. 01 ths Bureau 01 Underground Storage Tanks
Sincerety

,J

"

Lee Hendricks, Unn Supervisor Bureau 01 Underground Storage Tanks

'() .

enclosures: Guide for Submission 01 Remedial Actlon Workplans Management 01 Excavated SoRa CEA Guidance Oboument
. 0:

. . .

'Steven Tffflnger. Bergan County Cepartment 01 Heaith S8IVICea. 327 Ridgewood Avenue; ." Paramus, NJ 07652-4895 : : Joseph Ferreiro, 58-$) Maln Street, P.O. Box 157, Hackensack. NJ Or6tJ2: ;:; : " Gregory Al bright, Harding I..awl!on Assoc iates, One Meadanda Sulte09Ci. East Rutherford, ' " \.;'! .,. : NJ 07073 (w/enclolurel) . . , .
.

,..

'

. 'fi :

\ ' ,'

"

.' :::.:; :'::: " . :;::.I:,:: . ;. . ," . " "

. .

. :
'

: );iT:,( , '
, .

'.

1::" ,-' ,

'

"

..

'

,' .

.' .

\,

. \

"

..

Christine Todd Whitman Go VeTlIOr

Dep artment of Environmental Protect Bureau of Underground Storage Tan CN'()28 401 East State Street Trenton, NJ 00025

j5itnt.e of .efu W.erfiett

- x:.
Sen! to

Rec eipt for . ' Certified

l veT No Insurance CO - Do not use for nter (See Reverse1
Stlllet and No.

Z 154

320

Mallg,t::
305

jfi
Code

P O., Stat$ and lIP Postage Ctlltified Fee Spe<:ial

$
OelNW/ Fee

CERTIFIED MAIL RETURN RECEIPT REQUESTED . Marvin Katz Dumon; Borough Administrator 60 Washington Avenue - Dumont, NJ 07628 John Cook, Superintendent Dumont Department of Public Works 60 Washington Avenue Dumont, NJ 07628 John Dudas, Jr. Dumont Borough Attorney 1 4 W. Madison Avenue Dumont, NJ 07628 Re: Dumont Department of Public Works 1 Aladdin Avenue Dumont Borough, Bergen County . Case # 86-10'()9'()5M (a.k.a. # 86'()9-22'()l M) UST # 0026606 TMS #s 093-3817, 093381 8, and 093-3822 Se Investigation Report Dated: May 13, 1994 Remedial Aotion Workplan Dated: January 17, 1995

R!)5tlll&d C>

o.IliVel'l Fee

"'

.;;;

ng Raluin Recaipt Showi DeI1'/flte6 to Whom & DAl6 ShOWing to WhOfI't RelulI"I ReceIpt 'S AddresS Dte. 81'4 Mdle5 10rAl f'os\ge

g (')

<5 E

& Feu

Postmark Of Dato

<J) 0.

JU" 2 0 1995
.

... ,.,.,,. c':-"

., "

Dear Sirs: The Department of Environmental Protection (Department) has completed Its review of the above referenced document. Please be advised that the document cannot be pproved as a Remedlal.Action Workplan (RAW). However, In an effort to continue the Investigation at this she, the document Is hereby conditionally approved as a Remedial Investigation Workplan (RIW). The aspects of the Investigation unreletted to the regulated UST discharges cannot be' revleweg by. the Bureau of Underground Storage Tanks (BUST) because BUST only has statutory authorhy to manage regulated underground storage tank system (\JST) Issues. The remainder of the RAW will be fO/warded to another group whhln the Department which has the statutory authorhy to handle the non-UST Issues. . As explained In previous letters, H the Borough of Dumont wishes to have onl{one Department case manager

NewJetSeyJsan Equal QpjXJttunity Employer

Recycled Paper

EXHIBIT

... ..

\4.

overseeing the stte, then the Borough of Dumont must enter Into a Memorandum of Agreement (MOA) [document previously sent] requesting that both the UST Issues and non-UST Issues be handled simultaneously through. an MOA. In an effort to continue the UST Investigation ai this stte, the document Is hereby condttlonally approved as a Remedial Investigation Workplan' (RIW). The remaining deflqlencles are descrlbed below.
I.

Area of Concern # 1 (AOC) #1: Former 3,DOO gallon UST [Tank El] located at'the south side of the . 'shed', tnat last contained unleaded gasoline. The UST was removed In January 1994 under the authorlty 01 Closure Approvljl TMS # C93-3617. Nine soli samples (E-l-l through E+9) were obtained at the base (5 foot depth) of the former . excavation, arranged In a 3x3 grid. 'A11 samples were analyzed for volatile organiCS Including ten library search compounds ryo + 10) and lead (Pb). All results meet the most stringent Soli Cleanup Crtterls. Please note, the laboratory data submitted did nct Include analysis for total xyfenes, which Is spectllcally required as stated In Table 2-3 at N.J.A.C. 7:26E2.1 (d). Because the post-excavation soli samples did not Include analysis for total xyfenes, Dumont Borough shall again sample the excavation for total xyfenes to complete the Stte Investigation (SI) requirements arid ensure t hat 5011 contamination does not exist. The sampling 1000t1ons and frequency shall be In accordance wtth N.J.A.C.. 7:26E-Il.3 and 6.4: If the excavation was enlarged horizontally beyond the Immediate tank removal area, addttlonal soli samples shall be taken pursuant to N.J.A.C. 7:26E-Il.4(a)21-1v. The boring depths shall correlate wtth the former deptti of the excavallon and shall be located wtthln the native soli. Sample depths shall be determined pursuant to N.J.A.C. '7:26E-Il.4. Field screening of the soli boring shall be conducted tl the tank contained volatile organlo compounds. Samples shall also be collected In the aree 01 all former piping 'and dispensers In acoordance wtt N.J.A.C. 7:26E-3. Locations should be biased towards potenUal discharge areas Oolnls, cO!lneotlons, etc.). All samples shall be analyzed for total xyfenes using an EPA Approved Method callbraled for total . XVlenes. . Area of Concern # 2 (ADO) #2:' Former 4,000 gallon gasoline' [Tank E2], former 2,000 gallon diesel [Tank E31, and former 250 gallon waste 011 [abandoned-In-place prior to passage 01 UST Lawl USTs located at tha northWest comer of the DPW Malntenanoe Building. . No soli sampling has been performed for the 4,000 gallon gasoline UST that meets the requirements of the Department's October 30, 1992, letter, and N.J.A.C. 7:26E: Becalise.. post..axcavallon soli sampling was not conducted when the gasoline tank was removed, soli sampling .Is required to ensure that soli contamlnaUon does not exist. 'The sampling locallons and frequency shall be In accordance with N.J.A.C. 7:26E-Il.3 and 6.4. If the excavallon was enlarged horizontally beyond the Immediate tank removal area, addttlonal soli samples shall be taken pursuant to N.J.A.C. 7:26E6.4(a)21-1v.

' The boring depths shall correlate wtth the former depth of the excavation and shall be located within the native soli. Sample depths shall be determined pursuant to N.J.A.C. 7:26E-Il.4. Field screening of the soli boring shall be conducted H the tank contained volatile organic compounds. Samples shall also be collected In the area of all former piping and dispensers In accordance with N.J.A.C. 7:26E..:l. Locations should be billsed towards patenUal discharge areas :00Int8, connections, etc.). All samples shall be analyzed for vclatlle organics using EPA Method 8240 calibrated forxylenes, wtlh a library search ryO+l0) and for lead using SW-846 Methods 3050 and 3051 using Inductively Coupled Argon Plasma Atomic Emission Spectrometrlo Method (lCAP) or Graphite Furnace. 2

The 2,000 gallon diesel UST was removed In January 1 994 under the authority of Closure Approval TMS # C93-3Bl B. Nine soli samples (E-31 through E-39) were obtained In a 3X3 grid pattem from the base of the excavation at the time of tank removal. All nine samples were analyzed for total petroleum hydrocarbons (TPHC) and base neutral compounds plus 16 library search compounds (BN + 1 5). Samples E-3-4 wh 32,000 ppm ofTPHC, E-31 wtth 26,000 ppm 6fTPHC, and E-32 wtth . 20,000 ppm of TPHC exceed the maximum allowable level of 10,000 'ppm for total .organlc contaminants (fOC). Although numerous BN compounds were dtected, none exceeded the most . stringent Soli Cleanup Crtterla. Please note, the Department does not understand Dumont Borough's rationale for analyzing the samples lor BN + 1 5. Both ihe Closure Approval and Table 2-3 at N.J.A.C. 7:26E2.1 (d) require samples to be analyzed lorVO+l0 Including callbralion for total xyIenes. Because the proper Site Investigation sampling was not completed when . the diesel tanl< was removed, soli sampling Is required to ensure that soli contamination does not exist, In accordance whh N,J.A.C, 7:26E.fl,3 and 6.4, and Table 23 at N,J.A.C, 7:26E2, 1 (d), Dumont Borough shall resample looetions E-3-4 and E-31 and analyze the samples for volatile organics using EPA Method 624O 'callbrated for xyIenes, with a library search (V0 +l0), Dumont Borough shall delineate the horizontal and yertlcal extent of contamination previously deteoted In E-3-4, E-31, and E-3-2, Sampling shall begin at the looetion where contamination was previously detected and continue out In all directions, Includlng)lertlcally, until the complete horizontal and vertical" extent 01 contamination Is defined, Additional Information on requirements lor contaminant delineation may be lound In N,J,A.C, 7:26E-4,1 (b) and 6,4(a)5. Field soreenlng may be utilized to bias sample locations to areas of greatest suspected contamination, but pursuant to N,J,A,C, 7:26E2,1 (b), may not be utilized 'to verify olean zones. . The Department's most recent general guidance on soli contaminant cleanup crHena (April 1 994 SHe Remedlatlcn NewS) may also be utilized to evaluate when delineation Is complete, If contamination Is to be remedlated during this phase 01 'the Investigation, Dumont Borough shall conduct the appropriate post-remedial ssmpllng to confirm the effectiveness 01 the remedial effort. . II the excavation was enlarged horizontally beyond the Immediate tank removal area, addHlonal soli samples shall be taken pursuant to N,J,A,C. 7:26E.fl.4(a)21iv, Sample depths shall be determined pursuant to N.J,A,C. 7:26E.fl,4, Field screening of the soli boring shall be conducted because the tank contained volatile organic compounds, Samples shall also be collected in the area of all former piping and dispensers In accordance with N,J.A,Q, 7:26E..a: Locations should be biased towards potential discharge areas Oolnls, connections, eto,), . All delineation samples shall be analyzed for total petroleum hydrooerbons (TPHC) using EPA Method 418,1 modtlied for soli with soli extracllon methods 3540 or 3650. In addttlon, 25% of the delineation samples which exceed .1 ,000 parts per million (ppm) TPHC shall also be analyzed lor volatile organics using EPA Method 8240 calibrated lor xylenes, whh a library search (VO+ 10): samples for the additional analysis shall be those whh the highest TPHC concentration, If TPHC results are 1,000 ppm or less, the additional analysis Is not required, The lormer 250 gallon waste 011 UST was closed (reportedly abandonedln-p1ace) prior to 1988, and therefpre, not subject to the UST Law. Dumont Borough shall provide proofthat the 250 gallon waste 011 UST Is properly abandoned-Inplace (submh Information that the tank has been rendered non oparatlonal) and submit the date that this occurred, Because the UST was never reported to have dlsoharged, the Department is not requiring an Invesllgation at this time, but reserves the right under separate laws to require a Stte Investigation, U evidence surfaces that Indicates a discharge occurred Irom the waste 011 UST.

Area of Concern # 3 (ACO #3): Former 276 gallon waste 011 UST (Tank E4) at the south side of the DPW maintenance building whloh was removed In January 1 994 under the Authority of Closure Approval TMS # 093-3822. 3

Four soli samples (E-4-1 through EM) were obtslned at a four foot depth along the centerline of Ihe UST excavation. All samples were analyzed for TPHC, VO+ 10, and Priority Pollutsnt Metsls. Sample E-4-3 exhibHed the highest TPHC result with 23,000 ppm. No VO+ 1 0 nor Metsls results exceeded the most stringent Soli Cleanup CrHerla. . The Department does not understsnd Dumont Borough's rationale for analyzlng.!!ll the.samples for VO+I0 and Metsls, and failing to analyze sample E-4-3 (highest TPHO result) for BN+ 1 5 and PCBs as required In Table 2-3 at .J.A.O. 7:26E-2.1 (d). Dumont Borough shall resample location E-4-3 for base neutral organlos using EPA Method 8270 wHh a library searoh (BN +15) and polychlorinated biphenyls (PCBs) using SW-846 Method 8080 by GO using 3540 or 3550 extraction methods.
.

Dumont Borough shall delineate the horizontal and vertical extent of TPHC oontsmlnatlon previously detected In sample E-4-3. Sampling shall begin at'the location where contsmlnatlon was previously detepted and continue out In all directions, Including vertically, until the complete horizontal and vertical extent of ,!ontsmlnailon Is defined. AddHlonal lnformation' on requirements for contaminant delineation may be found In N.J.A.C, 7:26E-4.1 (b) and 6.4(a)5. Field screening may be utilized to bias sample locations to areas of greatest suspeoted contsmlnatlon, but pursuantto N.J,A,O. 7:26E-2,1 (b), may not be utilized to verify clean zones, The Department's most recent general guidance on soil contsmlnant cleanup criteria (April 1994 SHe Remediation News) may also be utilized to evaluate when delineation Is complete, 11 contsmlnatlon Is to be remedlated during this phase .of the investigation, Dumont Borough shall conduct the appropriate post-remedial sampling to confirm the effectiveness of the remedial effort, Dumont Borough shall analyze delineation soli samples for total petroleum hydrocarbons (TPHC) using EPA Method 418, 1 modled for 8Qlls wtlh extraction methods 3540 or 3550. In addHlon, l!5% 6f the samples where TPHC was detected shall be analyzed for volatile organics using EPA Method 8240 calibrated for X)'\enes, wtlh a library search (VO+10), base neutral organics using EPA Method 8270 wHh a library search (BN + 15), polychlorinated biphenyls (PCBs) using SW-846 Method 8080 by GC using 3540 or 3550 extraction methods, and PrlorHy Pollutant Metals: samples for the addtllonal analysis shall be those with the highest TPHC concentration, If TPHO Is not detected and there Is no evidence of a discharge Irom the waste 011 UST system, the addHlonai analyses are not . required. . All boring logs, IncliJdlng field screening reSUlts, shall also be provided. The fleld screening results shall be . reported along with background readings and Instrument calibration procedures.
.

and AOC Diagrams Dumont Borough shall submit, ADC dlligrams Indicating the exact location, orlentstlon, and depth of all historic and current USTs, product-bearing piping, dispensers/pump Islands In relation to the all soli borings (previous and future) and former excavation dimensions, The scaled, site diagram shall Include the location of all AOCs and existing/future monitoring wells, subsurface conduHs and utilities, existing structures, etc, Dumont Borough shall also submH a list of the contents and size of all former and current . USTs and Indicate suoh on the maps,
Site
,

Baoklill Pooumentallon Dumont Borough shall submH documentstlon certifying that the material used as backfill In all three Areas of Conoern Is free of contaminants and meets all reqUirements pursuant to N.J,A.C. 7:26E-6.4(b). Please note that the Department may require sampling of any Qa,ckflll suspected to be contsmlnated. Fale of Excavated Soll& Approximately 400 oublc yards of hydrocarbon affected soli were excavated during ihe removal of th.e abovereferenced usn. Dumont Borough shall iniorm the Department 01 the late of the soli, and If. removed from the sHe, submH copies of the necessarydocumentatlon (manifests, Invoices, etc.).
.

, -

. BOROUGH OF PUMONT's PROPOSAL: Dumont Borough discusses the reasons for recommending 'capping' the entire site whh pavement, Including: same use and ownership of she. for foreseeable future; a Declaration of Environmental Restriction would not present a hardship to the Borough; most of the yard was resurfaced wtth asphalllc concrete two years ago; the remainder of the she can be paved to minimize direct contact; capping would minimize disruption of DPW actiVttles, and capping would be most economical. PEPARTMENT's RESPONSE: Although Dumont Borough has analyzed remediation stmtegles for the she, Dumont Borough shall submit an EffectiVeness Analysis and C!lrtillcatloti for the proposed remedial approach (see Section IV. D. Effectiveness Analysis and Certification). Please note, because ground water contamination has been caused by dlscharges from the USTs, Dumont Boroughshall delineate the soli contamination and propose a remedial action for salls with levelS of contamination exceeding the Impact to Ground Water Soli Cleanup Criteria. Before a Declarallon of Environmental Restriction oan be Instituted for the site, Dumont Borough Is required to delineate the horllontal and vertical extent of all contamination and address all haZardous waste (e.g., the salls exhibiting TPHC at concentrallons greater than 30,000 ppm). II . Ground Water The she consists of fill material overlying glaCial sediments. Eleven monitoring wells (MW-3, MW5 through MW9, MW;l 1 through MW-13, MW-15, and MW-18) relate to ground water contamlnallon. There Is also one recover well (RW-l) and four piezometers (PZ-l through PZ-4). In October 1994, depth to ground water ranged from 3.5 to 9.7 feet below grade. The ground water table contour map Indicated that ground water flows In a 'northeasterly direction toward Hlrshfeld Brook, which fcrms the eastern border of the site. Hlstorlcally, free product has been present In MW5 and MW9. In October 1994, MW5 exhibited 0.98 feet and MW-9 exhibited 0.29 feet of free prodUct, respectively. Dissolved levels of ground water contaminants exceeding the Ground Water Qualhy Standards for the October 1994 sampling event areas follows: benzene at 1 ,;l00 ppb In RWl , 760 ppb In MW-14, 610 ppb In MW-3, and 520 ppb In MW-12, and 20 ppb In MW-15; total xylenes at 1 ,900 ppb In MW14, 1.800 ppb In RW-l , 620 ppb In MW-3, and 95 ppb In MW-13. Please note, the Department oompares the library search tentatively IdentHled compounds (TICs) to the standards for Synthetic Organic Chemicals (SOCs) found at N.J.A.C. 7:9-6 (Ground Water Quality Standards). As such, Individual TICs will be compared to the Interim generiC criterion of 100 ppb for Individual noncarclnogenlc compounds. All TICs detected In a ground water sample will be compared to the 500 ppb tctal SOCs InterIm generic crllerlon. rherefore, exceedences of the GWaS for TICs were as follows: 6 compounds exceeded the 100 ppb crllerlon and total TICs at 1 ,656 ppb exceeded tha total SOC crherlon of 500 ppb In MW-3; 1 TIC exceeded the 1 00 ppb criterion and total TICs at 646 ppb. exceeded the 600 ppb crherlon In MW-12; 10 compounds exceeded the 100 ppb IndiVidual TIC criterion and total TICs at 3,036 ppb exceeded the 500 ppb crUerlon In MW-14;.and 7 compounds exceeded the IndiVIdual 1 00 ppb crllerion and total TICs at 2,325 ppb exceeded the 600 ppb orlterlon In RW-1. The piezometers were not sampled. . Ground Water Site Investigation Requirements The Dissolved BTEX Isoconcentralion Map (Figure 5) of the RAW proposal .Indicates that no monhorlng wellscurrently exist within 10 feet of any of the fonner UST excavations. Therefore, Il ls difficult to assess the ground water ,qualhy of the source areas. Because soli contamination exceeding the 10,000 ppm Total Organic Contaminant Criterion exIsts .at AOC #2 and AOC #8, Dumont Borough shall Install ground water monitoring wells within the exoavatlons or 10 feet hydraulically downgradlent of the former tank locations whhln 30 days. .The Department reseNes lis right at N.J.A.C. 7:26E-4.4(d) to require Installation of a'source area ground water monitoring well at . AOC #.1 until the 81 requirements have been completed.
.

Ground Water Delineation Requirements

The Dissolved BTEX Isoconcentration Map also Indicates that the area of the stte exhibiting the greatest ground water contamination exists from Jhe southeast comer of the DPW maintenance building northeast to the Knights of ColumbUS bundlng, which Is significantly hydraulically downgrfl.tllent of the former UST excavations, Dumont Borough shall Install addttlonal ground water . ' . monttorlng Wls to fully dellne;\te the horizontal and vertical extent of ground water contamination at lIils area. Contamination shall be delineated to the Ground Water Qualtty Standards, N.JAC. 7:96, unless otherWise approved by the Department. At a minimum, ground water monitoring wells shall be Installed hydraulically downgradlent of MW.5 between the office building and Knights of Columbus building In order to delineate the free product plume. Dumont Borough shall also delineate free product by Installing two additional monttorlng wells east and northeast of MW9. As 700 ppb of BTEX Is present In MW12, and Is likelY to Increase wtth time due to the migration of the contaminant plume, Dumont Borough shall Install an addttlonal monttorlng well hydraulically downgradlent (northeast) of MW12 to delineate the downgradlent edge of the dls'solved phase pIme. If tt Is necessary to Install wells offstte, Dumont Borough shall provide documentation of written requesls seeking access to Install said monttorlng wells on offstte properties within thirty (30) calendar days of receipt of this correspondence. Please be advised that N.J.S.A. 68:1 DB, a statute concerning site remediation, provides a cause of aqtlon for parsons to obtain access to properties not owned by that person for the purpose of conducting remedial actiVities at that site. Information on this' prOVision of N,J,S.A. 58:10B Is found In the 'Guide for the Submission of Remedial Aotion Workplans', sent previously wfih the Department's June 12, 1995, leiter regarding the Aladdin Park site, Dumont Borough shall submit boring logs and the monttorlng well construotlon details (Well Certtllcatlon Forms A and B found In the 'Guide for the Submission of Remedial Acllon Workplans') for.!l exlsllng and required monitoring wells, . Interim Ground Water Sampling Requirements Until a ground water RAW Is approved, Dumont Borough shall annually sample monitoring well, recovery well, and piezometer whloh does not contain free product and analyze the eamples for volatile organics, methyl tertiary butyl ether (MTBE), and tertiary butyl alcohol (fBA) !Ising EPA Melhod 624 calibrated for xyienes, with a library search (VO+ 10); and for lead using EPA Method 200.7 (I CAP) 9r EPA 239.2 (Graphtte Furnace). The SW-846 equiValent for this procedure Is ICAP 3010/6010, sample prep 3050/6010 Furnace 3020/7421 sample prep 3050/2421. The first annual . sampling event shall occur within the next 60 days.
.

Dumont Borough shall sample the required ground water source area well at AOC #2 for base/neutral organics Using EPA Method 625. with a library search (BN+ 1 5) ; and volallle organics using EPA Method 624 calibrated for.xy\enes, with a library search (V0 +l0). Sampling of the . required source area well at AOe #2 shall occur within 60 days. Dumont Borough shall sample the required ground waler source area 'Well at AOe #3 for Prlortty Pollutant plus 40 (PP + 4O), or EPA Target Compound Ust plus 30 and EPA Targs\ Analyte Ust. Sampling of the required source area well at AOe #3 shail ocour within 60 days,
. .

Data Presentallon Foreach sampling eVent, Dumont Borough shall submtt a table to Include for each monitoring well:' 1 .) top of casing elevation; 2.) lOp of screen elevation: 3.) ground water elevation (corrected for free phase product. If present); 4.) free phase product elevation (If present); and 5,) free phase produot thlokness (tf present). For each sampling event, Dumont Borough shall construct a Isopleth map of free product thickness where free product exists, and scaled Isopleth maps for dissolved produot concentrations, Dumont Borough shall submit the updated maps with each subsequent submittal. Dumont Borough shall construct and submtt ground water table contour maps for each ground water sampling event. A ground water contour map reporting form (see the Department's 6

March 1995 'Guide for lhe Submission of Remedial Action WorkpIans'} shall accompany each ground water contour map submittal. BOROUGH OF' DUMONT's PROPOSAL: Dumont Borough proposes to utilize MW-3, MW-1 4, and RW-I as source area wells; MW-1 2 as a compliance point; MW-12 and a new well to be Installed northeast of MW-12 will act as sentinel wells; and MW-l 1 and MW.f; will be up gradient monitoring points. All Wells would be sampled on a quarterly basis. Dissolved oxygen, organic matter content, nutrient levels, and hydrocarbon utlllzlng.mlcrobial counts would be assessed during the Initial sampling round to evaluate susceptibility of BTEX for natural biodegradation, The data would be used to develop a tate-and-transport model for BTEX over a 5-year period to assess appropriateness of sentinel well locations: Free product recovery will be Initiated through passive skimming and natural attenuation of residual free phase hydrocarbon and dissolved phase hydrocarbon because of the apparent small volume of free phase hydrocarbon, low hydraulic conductivity, degradability of gasoline, and lack of downgradlent drinking water supply receptors. Dumont Borough proposes delineating frea product by collection of soli samples. DEPARTMENT'S RESPONSE: Remediation of Free Product: The Department has several concerns regarding the free product contaminant plume. Of greatest concern Is the possibility that free product contamination will again enter Hlrshfeld Brook on the eastern boundary of the site. The Department seeks to avoid a recurrence of discharges Into the stream like those that Initiated the case. The calCUlated ground water velocity of 1 7 feetfyear In conlunctlon with the proxlmal locatlon'of free product Indicates the stream Is threatened. The Department agrees that Dumont Borough should Immediately In"late free product recovery a required at N.J,A.C. 7:26E-l .11. Dumont Borougti shall Initiate free 'product recovery while continuing to delineate the free product plume.
RemedIation of Dissolved Phase Plume: The Department Is also very concerned with the possibility that dissolved phase gasoline also threatens Hlrshfeld Brook. The data presented Indicated that MW 1 2 Is already Impacted, and " Is the nearest well to the stream (approximately 80 feet west) . The Department will not approve a ground water RAW Which allows dissolved phase levels of gasOline to Violate the Surface Water Quality Standards (N.J.A.C. 7:98). Once the add"lonai delineation ground water wells have been Installed and the samples tested as required above, then Dumont Borough shall reevaluate "s ground water RAW proposal and resubmit a revised ground water RAW.. Be advised that the Department cannot approve a Natural Remediation Compliance Program for the subject facility unless the downgradlent extent of the dissolved phase contaminant plume Is fully delineated and free product petroleum Is removed. Please refer to the Department's March 1995 'Guide for the Submission of Remedial Action Workplans' for a complete discussion of the . requirements.

Feasibility Study Regarding MW-5 and MW9, Dumont Borough shall considerconducting a Well-performance test prior to a pump test to determine the maximum yield and maximum draw down of the well. the most appropriate equipment to be used for the pump test, the best method to measure the yield, volume of water and amount of draw down occurring at given pumping rates. Dumont Borough shall develop the following Information through Implementation of the pump test: specHlc yield, range of transmissivity values, approximate aquHerthlckness, storatlvlty. hydmullc head, hydraulic g radient, ground water velocity, the exlant of the cone of depression and the extent of the . zone .oLcapture. In order to facilitate the timely Implementation of a ground water treatment feasibility study, w"hin 14 calendar days of receipt of this letter, Dumont Borough shall obtain applications for the .perm"s . necessary to conduct the study.
7

Ground Water Treatment

Establishment 01 Ground Water Classification Exception Area / Waler Restriction Area Classification exception Areas (CEAs) pursuant to the Ground Water Quality Standards (N,JAC, 7:96, apply to all site remediation cases Involving ground water contamination above applicable . standards, A designated CEA shall also act as a Well Restriction Area prsuant to N,JAC, 7:9-6,6(d), As a result of the ground water contamination at this ske, a CEA shall be established at the time of RAW or No Further Action (NFA) approval, as applicable, The proposed RAW or NFA s,hall inciude, . lind will not be appryved wltho;."!, the following: 1) latitude and longitude with an accuraoy to .l/l0 of a second, and lot and blocks of ImPacted properties; . . !:lQI;. She boundarles can define the CEA If no olf site oontamlnatton Is expected to occur for the duratton of the CEA; list of affected aquifers; list of oontamlnants of concern; , est/mated longevity of the CEA, based upon the most mobile and persistent compounds to meet ths GWQS, (As appropriate, existing monitoring data shall be used to verify models,) For cases Involving active remediation, the longevity of the CEA may be Indetermlnate .but not parmiment; Note: For further discussion, consult the CEA Guidance Document sent In conjunction whh the . Department's June 12, 1995, letter regarding the Aladdin Park case, the mapped boundaries of the CEA on a USGS 7,5 minute quadrangle map; FOR GROUND WA TER USE AREAS": The CEA shall be presented In Geographic Information System (GIS) Format (contained In the CEA Guidance Document), For more Information on the GIS, you can obtain the NJDEp 'GIS - Mapping the Present to Protect New Jersey's .Future Mapping and Dlghsl Dala Standards' available from: NJDEP, Bureau. of Revenue, CN 417, Trenton NJ 08625); . . FOR GROUND WATER USE AREAS: Impacted property owners and local officials (mayor, planning board and health department) must be notltled by certified mall, The notice shall Inform them of the CEA and ground water use restrtction (dIscuss wnh case manager before deRnlng) prIor to submittal of the proposed RAW or NFA and sollcn comments to be submitted to the W Department's case manager, The RA or FA wlll not be approverl without proof and copies of notlUcatlon, The Department suggesls that contact be .made with your case manager to discuss the boundaries of the CEA prior to public notification, NOTE: II a RAW will be proposed for ground water remedIation thai does not currently Include the full extent of the plume, the .CEA can be proposed for that portion being remedlated: rhe CEA boundaries and longevity can be adjusted over time,
"Ground Water Use Areas shall be defined as those locations with current or future ground water use (potable, Industrial, agricultural, etc,), Current ground water use shall be based on the Department's Bureau of Water Allocation flies, consulting the New Jersey Water Supply Master Plan (copies are available from the Office of Environmental Planning), contacting the local or regional water purveyor, and, as necesssry, conducting a door-to-door canvass, Future ground water use (over a 2S-year planning horizon) can be determined from local or regional water purveyors, local or county planning boards and boards. of health, and the New Jersey water . Supply Master P lan,

3) 4)

2)

5) 6)

7)

III,

Receptor Evaluation
A, Well Searches Dumont Borough has conduc.ted the required Department well searohes to identify all Irrigation, monitoring, and domestic wells located within a one-half mile radIus of the site and all Industrial, publlo supply wells, and wells wtthwater alloCation parmns located within a one mile radius cif

the she; and plotted the locations on a scaled site map. Three wells were ldentHled, two approximately 1 ,600 feet northeast of the she and the third approximately 2,500 feet northwest of the site. AJl three wells are located on the opposite side 01 Hlrshfeld Brook and are not likely to be threatened by the DPW discharges. However, as ground water contamination has been ldentHied and ground water Is used for potable purposes In the vicinity of this site, It will be necessary to canvass the neighborhood to locate all nearby permltted 'and unpermitted wells. Canvassing shall be conducted within 1 ,000 feet of the known downgradient edge of contamination, and wtlhln the estimated plume of contamination. Dumont Borough shall plot the locations of all wells Identlfled In the well search . and canvassing on a reduction of a topographic or geoquadrangle map. Dumont Borough shall also sample the nearest down gradient potable well(s) which are wnhln 1 ,000 feet of the known down gradient edge of the potential path(s) of the contamination and analyze the samples using EPA Method 524.2 (Include targeted analyses for MTBE and TBA). The results shall be sUbmntad wnhln the lime frame specHled within this letter and shall be accompanied by the Quality Assurance/Quality Control deliverables prepared per the 'Full Laboratory Data Dellverables' format. If contamination Is found. the Department and the local health official must be notHied Immediately. B . Utility and Subsurface Structure Evaluation . Dumont Borough has ldentHled the location and depth of on- and off site utilities and conduits. Dumont Borough shall evaluate the possible Interconnection of ground water to the subsurface utilities ldentUied. Dumont Borough shall also determine the diameter and construction specHicatlons of the SUbsurface utllttles In order to determine whether any utility may be aCiing as a conduit for ground water migration, either along the bedding plane or within the structure \tself Dumont Borough shall also determine whether the subsurface utility may be acting as a barrier for ground water migration since the depth to ground water at the site Is shallow. Based upon the levels of ground water contamlTltlon present and. the proximity of a subSUrface water line, storm sewer, natural gas line, and telephone and electric utilities hydraulically downgradlent of AOC #2, Dumont Borough shall evaluate.the aforementioned utllnIes on a semi annual basis beginning July 1995. Dumont Borough shall canvass the Immediate area to locate all basements and determine the presence/absence of gasoline vapors In accordance with N.J.A.C. 7:26E-4.4(11)4. Dumont Borough shall plot the Include the exact locations of all subsurface utilities and besements on the 8C<lled ground water maps. ,If gasoline vapors are detected In any subsurface utilities or besements, Dumont Borough shall conduct air monitoring to determine the levels and hazards present In accordance with N.J.A.C. 7:26E-4.4(1). If It Is confirmed that the source of the vapors Is emanating from the Dumont.Borough. site, Dumont Borough shall take Immediate action to aOOte and reme(jlate the source. Because the storm sewer has In the past been afflicted by the onslte discharges and due to the free product currently located In near proximity to the storm sewer, Dumont Borough shall Inspect the storm sewer on a seml-annual basis beginning July 1 995 for oxygen levels, lower explosive levels (LEL), and the presence of organic vapors. This may be completed through visual Inspection and use of field screening Instruments. C. Surface Water Evaluation Dumont Borough shall evaluate Whether the storm sewer that traverses the site from west to east, and Hlrshfeld Brook which Is located on the eastern property boundary of the site and 80 feet from the free product contaminant plume, will be .affected by the discharge. Sampling 6f the storm sewer watershall be conducteq on at least a seml-annual basis beginning July 1995 at the outflow Into Hlrshfeld Brook. Hlrshf.eld Brook shall also be tested on a seml-annual basis In either the west bank sediment or directly from the stream water as required pursuant to N.J.A.C. 7:26

3.S and 4.5. The location where sampling shell occur Is the portion of the stream closest to the downgradlent edge of the contaminant plume.
IV.

Quall!y Assurance
A.,

All data submitted shell confonn to the "TechniCal Requirements for Site Remediation,' N.J.A.C. 7:26E. except where specifically indicated.

B. In accordance with the "Technical Requirements for Site Remediation.' speclflcally N.J.AC: 7:26E. 3.10(b)3. a technical overvlew Is required for any report submission. As pert of thet overview. a discussion regarding the reliability of the laboratory analytical data. shell be Included. Please see Appendix 2 of the March 1995 'Guide for the Submission of Remedial Action Workplans'. C. Dumont Borough shell legibly complete all cheln-of-custody fonns. and list all methods of preservation Including refrigeration (eg. 'Icei directly on the chelnof-custody form. Dumont Borough shall maintain all samples at the target temperature of 4C from the time the sample Is obtained until the samples are released to the New Jersey Certified Laboratory. Dumont Borough shall submk the complete Laboratory Dellverables package (Quality Assurance/Quality Control Information) wkh respect to the 8011 samples obtained for the site Investigation related to the removals of the 3,000 gallon gasoline UST at AOe #1. the 2.000 gallon diesel UST at AOe #2. and the 275 gallon waste 011 UST at AOe #3.
V. .Q!hQr A. Certification Requirements

It Is Important to note that effective April 25. 1 992. all persons performing tank services must be certified per N.J.SA 6S:10A24.1-8. All work related to any tank service must now be conducted by. or under the onslte Immediate supervision of an Individual cer1lf1ed I n the acllvlty being Qonducted .All documents (permit applications. reports. proposals submitted to BUST must be prepared and signed by a certtlled Individual.

e. Field Activity Notlficallon

Dumont Borough shall notHy the assigned BUST case manager at least 1 4 calendar days prior to Implementation of field actlvkles. 11 Dumont Borough falls to Initiate sampling within 30 calendar days of the receipt of this letter. any requests for an extension of the required time frames may be denied.

C. Effectiveness AnalySiS and Certlficallon

Dumont Borough shell submit an Effectiveness Analysis and CertHlcation. This submission shall Include an analysis and certHication that the proposed remedial actions for JlQ!h soli and ground water meet the criteria contained In Section 35 (g) of P.L 1 993. 0.139. Including an analysis of long and short tenm effectiveness. Implementabliity. timeliness. cost differential of permanent and nonpermanent remedies (H applicable). and community concernS. Please note thet the Effeotlvenes,s Analysis and CertHlcatlon supersedes the Remedial Alternative Analysis In N.JAC. 7:26E5. On April 5. 1 993. the UST Fee Rule (Amendments and New Rules at N.J.A.C. 7:1 4B) was proposed. This rule appeared In the February 22. 1994. New Jersey Register. Effective February 22. 1 994. the Department will be billing you for the Department's oversight of all work conducted at your site. Documents submitted In accordance wlfh the 'Technical ReqUirements for Site 10

P. 'Cost Recovery

.'

'

Remediation' (N.J.A.C. 7:26E) will help reduce the time necessary lor tlie oversight of the above referenced sfie. At this time, the Department Intends to prociess bills on a ssml-ann basis. Please consult the April 5, 1 993, and February 22, 1994, State Registers lor details. cOpies can be obtained by contacting the Office 01 Administrative Law at (609) 588-6500. VI. Administrative Reaulrements Based upon the above requirements and the data generated to date, Dumont Borough Is required to submit a Revised RAW In accordance with N.J.A.C. 7:26E-6.2 and P.L 1 993, c.139 (S-1070). This document shall be submitted to this Bureau at the above address, within ninety (90 days upon receipt 01 this letter. The Revised RAW shall detail all aotlvltles conduoted to achieve compliance with the reqUirements listed In this letter. Additionally, the Revised RAW shafl present e comprehensive remedial proposal for all soli and ground water contamination present. Guidance regarding the minimum requirements and presentation Icrmat lor this document are provided In the March 1995 'GUide lor the Submission 01 Remedial Aotlon Workplans.' It should be noted that It Dumont Borough completes the 'above requirements, and the data Indicate that the remedial Investigation has not been completed O.e., contamination not completely delineated, Dumont Borough shall submit a RIW In accordance Vilth N.J.A.C. 7:26E4.B within the specified time Irame. The RIW shall Include a sohedule 01 Implementation 01 the remaining remedlal lnvestlgatlon required and the submittal date 01 the Revised RAW. Dumont Borough also has the option 01 oompletlng the remaining remedial Investigation In acoordanoe with N.J.A.C. 7:26E4, loIlowed by the , submission 01 the RIR/Revlsed RAW. li the latter option Is seleoted, Dumont Borough shall notlfytha case manager listed below, In writing, within two weeks prior to the speoffied time frame relerenoed above. This notification shall Include a generic discussion of activities conducted to date and activities to be conducted, as well as a detailed schedule 01 Implementalion whloh Includes the submission 01 the RIR/Revlsed RAW. ' Please note, pursuant to N.J.S.A. 6B:l0A-21 .MQ. and N.J.A.C. 7:14B .MQ., the owner and operator 01 the regulated underground storage tanks are strlclly liable lor compllanoe\i;ilh these requtiements. In addition, all state regulated USTs, except lor heating 011 USTs lor on-site consumption. are regulated under 40 CFR Part 280. Non-oompllance with these lederal and state regulations exposes the tank owner and operator to the penalty and liability specified In 40 CF.R Part 280, N.J.S.A. 58:10A2 1 .MQ. and N.J.A.C. 7:14B .wI. I f you should have any questions regarding thIs matter, please contact John' Ruhl, 'Senior Geologist and case manager, of the Bureau 01 Underground Storage Tanks at (609)292-6761.

'

, \

p
Lee Hendricks, Unit Supervisor Bureau 01 Underground Storage Tanks
0:

, Steven Tlfllnger, Bergen County Department 01 Health Servlcss, 327 East Ridgewood Avenue, Paramus, NJ 076524895, ., Joseph A. Ferreiro, Esq., 68-60 Main Sireet, P.O: Box 157, Hackensack, NJ 07602 , Gregory Albright, Harding Lawson Associates, Metropolitan Exeoutlve Towers, One Meadowlands PIa.z8, Suite 1090, East Rutherlord, NJ 07073
'

I ,'

11

 "

Harding Lawson Associates

June 18, 1996

35345.A

Joseph A. Pojanowski, III, Esq. Dumont Borough Altorney Pojanowski, Iskra & Trawinski Clifton, New Jersey 07013 Honorable Donald Winant Mayor of Dumont Borough 50 Washington Avenue Dumont, New Jersey 07628

Certified Mall Return Receipt Requested

1439 Broad Street

Response to Borough Attorney's Letter Dated May 9, 1996

and Payment Demand

Department of Public Worl" Site Cleanup Borough of Dumont, New Jersey

Gentlemen: Harding Lawson Associates (HLA) has prepared this letter to respond to the statements made in the Dumont Borough Attorney's (Joseph Pojanowski) lelter to HLA dated May 9, 1996, and to demand payment for all outstanding monies owed to HLA for pproved and completed work on the Department of Public Works (DPW) cleanup project. Past-due hillings amount to $37,812.74 (including $6,536.67 in interest charges).
HLA Response

The first point raised in Mr. Pojanowski's lelter is that HLA may not have acted in the'best interest of the Borough of Dumont (the Borough) and did not perform in an acceptably professional manner concerning the referenced DPW project. These allegations are false. HLA believes it is significant tI,at the Borough made no ees. HLA has the following response: criticisms ofHLA's work until HLA pressed for payment of past due f

(Attorney for the Borough of Dumont on this project for work up until January 1996), by Mr. Marvin Katz (Borough Administrator through the duration of the project until Fall, 1995), and Mr. John Foster of BoslVell McClave Engineering (acting as the Borough Engineer). All scopes of work and budgets were approved in writing in advance of the work being conducted by the Borough of Dumont's duly authorized representatives.

HLA provided appropriate scopes of work, which were reviewed by Mr. Joseph Ferriero, Esq.

meetings i n the Borough ornces on November 21, 1995 and February 12, 1996. This work was

Most work performed was conducted under. the supervision of and at the written request of Mr. Ferriero. Work after January 1996 was requested by Mr. Pojanowski and the Borough Council in

Engtnee/log and EnVironmental Services

WaShIngton Pall<,

14 Washington Road, Princeton Junction, NJ 08550 609/9360700 Fax 609 ASHfni<1i(1'y!'{I1t1Mill. AI,"'.ii1I.' IJj}ir..!

EXHIBIT :a .

t...

June 18, 1996 35345.A Joseph A. Po janowski, Esq. Dumont Borough Altorney Page 2.
. Harding Lawson Assoolates

conducted by HLA in good faith and to acceptable standards of practice. All work was submitted to NJDEP and was accepted by them.

All work was performed in accordance wHh New Jersey regulations and with prevailing standards of profeSSional environmental practice in New Jersey at the time the work was conducted.

The second point raised in Mr. Po janowski's letter is that lILA "betrayed" the Borough through a lack of professionalism in handling the case. Specifically, the letter charges that HLA did not inform the Borough of possiblc cleanup funding sources from New Jersey and the Federal Government (the U.S. Army). While such advice regarding statutory alternatives is typically proved by legal counsel, HLA has the following response:

At the time of lILA's initial involvement in the project (September, 1990), the primary cleanup funding mechanism for innocent (emphasis addcd) landowners was the New Jersey Spill Compensation Fund for which eligibility is determined pursuant to N.J.S.A 58:10-23 . 1 1 et. llih Because the initial investigation at the DPW site was focused on leaking underground storage tanks (USTs) installed and owned by the Borough, this fund probably did not apply. Another funding program based on the Hazardous Discharge Site Remediation Fund (P.L., 1993, c. 139, sections 26 through 34) was available through Capital Alternatives Corporation in 1994. HLA's understanding was that this potential source of funds was being pursued by, and was the responsibility of, Mr. Ferriero (letler to lILA dated August 8, 1994). It is not known to us if this funding Source was pursued more fully and, if not, why not. HLA was not a participant in this legal aspect of U,e project.

HLA was never contracted to conduct an ASTM-style Phase I property assessment, nor (to our knowledge) was this ever discussed. lILA's historical informaUon regarding the DPW site's former history was provided by the Borough through past and present council members and DPW employees. The first mention in the presence ofHLA of a possible historical U.S. Army presence at the DPW site was made by a Borough Council member during the November 21, 1995 meeting. Although lILA was verbally asked to begin looking Into this matler during the November 21, 1995 and February 12, 1996 meetings, HLA made It clear that the past-due charges (approaching 360 days overdue) would have to be paid before HLA would undertake significant further activities on the project (At the November 2 1 , 1995 meeting with the Borough Council, U,e mayor assured lILA that a resolution would be passed at the Januuary 1996 council meeting that would fund payment of the past-due charges). lILA was never authorized in writing to pursue this avenue of investigation. Neither was HLA a party to further discussions regarding this matter.

letter from Mr. Ferriera, that based on site data acquired through January 15, 1995 (lILA, 1995a; lILA, 1995b; Ferriero, 1991) the weight of the evidence strongly suggests contamination of soil and groundwater has resulted from leakage from the Borough's own USTs. This fact was acknowledged by Borough Council members and their legal counsel in both the November 21, 1995 and February 12, 1996 meetings. The presence of the former Twinboro Sewage Treatment Plant at the site probably has resulted in additional contamination i n soils and groundwater related- to baselneutral extractable organic compounds (lILA, 1990, 1991, and 1992). responsibility to other parties. The Borougll will need evidence to overcome the weight of these facts in order to allocate

As you should recall, the' Borough-was made aware that through various reports by HLA and a

g:\work\35345\dumntes

June 18, 1 996 35345.A Joseph A. Pojanowski, Esq. Dumont Borough Auorney

Harding Lawson Associates

Page 3 .

HLA provides environmental and engineering services to clients. opinions or advice on any matters.

HLA does not provide legal

Overdue Invoices

There are presently four outstanding illvoices:

No. 133256, dated January 5, 1995 for $19,781.57 (plus $4,69 1.78 in interest charges) No. 149878, dated February 28, 1996 for $2,567.28 (plus $73.49 in interest charges) No. 151828, dated April 24, 1996 f $ 1 ,103.07 (plus $3.26 i n interest charges) or No. 134402, dated January 29, 1995 for $7,824. 1 5 (plus $1,763.13 in inlerest charges)

Copies of the invoices are attached. HLA expects payment of these invoices within 30 days. Please call Mr. Kenneth Strong, Esq., at (415) 892-1696 to discuss payment of your delinquent account. Very truly yours,

Edward A. Nemecek, RG., CPG Principal Hydrogeologist

GRNEANIKFS\m1

Enclosures:

Invoice numbers 133256, 134402, 149878, and 1 5 1 828

cc:

William Thayer, HLA Bharat Patel, HLA Kenneth F. Strong, Palmer, Jones, Hawkins & Strong

g:\....-ork\3S3 5\durnntos

Christine Todd Whitman

Governor

Department of Environmental Protection

hth .oJ .etr W.er$.ett .

. .

Robert C. Shinnl Jr. Commjssioner

IN THE MATTER OF THE 1 ALADDIN AVENUE SITE AND THE BOROUGH OF DUMONT

. MEMORANDUM OF AGREEMENT

This Memorano.um of l>greement: is entered into pursuant to the authority vested in the Commissioner of the New Jersey Department of Environmental Protection (hereinafter " the Department " or "NJDEp II ) by N . J . S . A . 1 3 : 10-1 et and N . J . S . A . 5 8 : 10B et and the Water Pollution Control Act , N . J . S . A . 5 8 : 10A-1 et , the Solid Waste Management Act , N . J . S . A . 13 : 1E-l et and the Spill Compensation and Control Act , N . J . S . A . 5 8 : 10 - 2 3 . 1 1 et and duly qlegated to the Section Chief , Divis ion of Responsible Party s ite Remediation, Case Assignment section pursuant to N . J . S . A . 1 3 : 1B-4 .
FINDINGS

1. The property that is the subject of this Memorandum of Agreement is owned by the Borough of Dumont , and is located at 1 Aladdin Avenue , and is designated as Block 1 1 0 5 , Lots 17 and 2 2 on the tax maps of the Borough of DUmont , Bergen county , New Jersey ( hereinafter the "Site" ) . The Borough of Dumont , with principal offices at 5 0 2. Washington Avenue ," the Borough of Dumont , New . Jersey , i s the party exeouting this Memorandum of Agreement. The intent of this Memorandum of Agreement is to a l low 3. the Borough of Dumont to oonduot any of the remedial aotivities outlined herein with oversight frolll the Depart:ment . 'l'he Borough of Dumont has indicated to the Department , that it wishes to conduct the f o l lowing activities at the site with the Department ' s oversight : a . Prel iminary Assessment b . site Investigation c . Remedial Investigat i on d . Remedial Action 4. . By entering into this Memorandum of Agreement , the Borough of Dumont does not admit to any fact, fault or l iability under any statute or regulation for conditions which existed befor e , during , or after the Borough of Dumont ' s execution of this Memorandum of Agreement nor shall it be construed as a waiver of any right or defense the Borough of Dumont may have with regard to the s ite .

Newfemey is rul l! qual OpporhmllyEmployer

. t?\... .

AGREEMENT
I.

Remediation

The Borough of Dumont agrees to submit the following 5. documents and the Department agrees to review and comment on documents submitted. a. b. c. d. e. f. Preliminary Assessment Report site Investigation Report Remedial Investigation Workplan Remedial Investigation Report Remedial Action Workplan Remedial Action Report

6. Within thirty ( 3 0 ) calendar days after the Department ' s receipt of any submission pursuant to this Memorandum of Agreement , the Department will inform the Borough of Dumont in writing of any administrative defic iencies in the submission ! pursuant to N . J . A . C . 7 : 26B ! that will prevent the Department frqm conducting its reviel . When the Department determines that the submission is administratively complete ! the Department w i l l notify the Borough of Dumont in writing o f the t ime frame required for the Department to comp lete the review . This review will include a determination by the Department whether or not all remedial activities have been carried out consistent with applicable rules ! standards ! and guidelines .

7. Within seven ( 7 ) calendar days after the effective date of this Memorandum of Agreement ! the Borough of Dumont will submit a ) the name ! address and telephone number of to the Department : the individual who w i l l be the contact for the Borough of Dumont regarding technical matters concerning this Memorandum of Agreement and b ) the name and address of the designated agent for the Borough of Dumont for the purpose of service for a l l matters concerning this Memorandum of Agreement .
B. The Borough of Dumont may terminate this Memorandum of Agreement if the Borough of Dumont determines that it is no longer feasible or desirable to continue with this Memorandum of Agreement ! when the Borough of Dumont :

a.

submits full payment to the Department for any Department overs ight costs the Department incurred pursuant to this Memorandum of Agreement \qhich the Borough of Dumont has not paid ; Notifies the Department in writing of its intentions to terminate this Memorandum of Agreement; Submits all data generated pursuant to this Memorandum of Agreement ; and

b. c.

d.

Ensures that no environmental hazards exist at the Site as a result of the Borough of Dumont ' s actions pursuant to this Memorandum of Agreement . The Department will cease review o f any submittals under this memorandum of agreement on the date it receives the notice .of intent to terminate described in Paragraph 8 (b) above; and no oversight costs will accrue after the Department has determined that the signatory is in full compliance with Paragraph 8 . The Department will then prepare a summary of its costs and provide it to the Borough o f Dumont . The date of termination of this agreement is the date of the Department ' s receipt of both the fuJ,.l unconditioned payn\ent of a l l of the Department ' s over ight cost and al l data required by Paragraph 8 . C . above . project coordination

e.

II .

9. Unless otherwise directed by the Department , the Borough of Dumont shall submit two ( 2 ) copies of all documents required by this Memorandum of Agreement to the person identified below , who shall be the Department ' s contact for the Borough of Dumont for all matters concern ing this Memorandum of Agreement .

New J ersey Department of Environmental Protection Division of Responsible party site Remediation Bureau of Field Operations - Northern 2 Babcock Place west orange , New Jersey 0 7 0 5 2 Attention:
III .

Yacoub Yacoub , section Chief

Financial obligations

10 . upon receipt of a summary of the Department ' s costs incurred in connection with its oversight functions of this Memorandum of Agreement , the BorQugh of Dumont shall submit to the Department a cashier ' s or certified check payable to the "Treasurer , state of New Jersey" with NJDEP Form 0 6 2A for the full amount of the Department ' s oversight costs . The Borough of Dumont cannot be released from its obl igations under this Memorandum of Agreement , until a l l oversight costs , for ,mrk performed by the Department , are paid .
11. Beginning three hundred sixty-five ( 3 6 5 ) calendar days after the effectiVe date of this Memorandum of Agreement , and annually thereafter on that same calendar day , the Borough of Dumont shall submit to the Department a detailed summary of all monies spent to date pursuant to this Memorandum of Agreement , the estimated cost o f all future expenditures associated with this Memorandum of Agreement ( inc luding any operation and maintenanoe costs ) , and the reason for any changes from the previous cost review the Borough of Dumont submitted .

IV.

Reservation of Rights

12. The Department reserves the r ight to unilaterally terminate this Memorandum of Agreement in the event that the Borough o f Dumont violates any terms or fails to meet the obligations of this Memorandum of Agreement or in the event that the Site becomes a high priority for the Department .
13 . Nothing herein, including any document the Department issues as agreed to above , sha l l be interpreted to consitute a release or waiver of liability for any of the conditions which existed before , during or after the Department ' s execution of this Memorandum of Agreement . V.

General Conditions

14 . The Borough of Dumont shal l , in addition to any other obligation required by law , notify the Department contact immed iately upon knowledge of any condition posing an immediate threat to human health and/or the environment . The Borough of Dumont shall perform a l l work conducted 15. pursuant to this Memorandum o f Agreement in aocordance with N.J.A.C. 7 : 2 6E and preva i ling professional standards then prevailing . 16 . The Borough of Dumont shall conform a l l actions required by this Memorandum of Agreement with a l l applicable federa l , state and local laws and regulations .

17 . Nothing in this Memorandum of Agreement shall be deemed to impose on the Borough of Dumont any additional liabilities or Obligations , other than those specifically stated herein. Nothing shall relieve the Borough of Dumont from complying w ith a l l other applioable laws and regulations .
18 . The Borough of Dumont shall preserve a l l potential evidentiary documentation found at the. Site , which may provide a nexus between the contaminated s ite and any respons ible party or lead to the discovery of other areas of oonoern including without limitat ion , documents , label s , drums , bottles, boxes or other containers , and/or other physical materials that could lead to the establishment of the identity of any person which generated , treated , transported , stored or disposed o f oontaminants at the S ite , unti l written approval i s received from the Department to do otherwise . , 19 . Upon receipt of a written request from the Department , the Borough o f Dumont shall submit to the Departnlent a l l data and ' information con cer ning contamination at the Site , inc luding technical reoords and contraotua l documents , and raw samp l ing and monitoring data , ,qhether or not such data and information Ias developed pursuant to this Memorandum of Agreement .

I f the Borough of Dumont believes any such data or information is protected by a privilege it will retain the data and information and notify the Department of the nature of the document and the The Borough of Dumont may request that the privilege claimed. Department keep confident ial information contained in a submission to the Department pursuant to N . J . A . C . 7 : 14A- l 1 . 20. The Department will issue a no further aotion statement when the Department has determined that the s ignatory has conducted the agreed upon remedial activities pursuant to this Memorandum of Agreement and the remedial activities are in acoordance with all Department requirements . 21. This Memorandum of Agreement shall be governed. interpreted under the laws of th::: state of Nc,q Jersey . and

22. This Memorandum of Agreement shall be binding , j ointly and severally , on each party, its successors and assignees subject No ohange in the ownership or to the right of termination above . corporate or business status of any party, or of the faoility or site shall alter any signatories I s responsibilities under this Memorandum of Agreement . 23 . This Memorandum of Agreement shall become effective upon execution hereof by all parties .
NEW JERSEY

"-'-Date : --L.

7 f

_
The Borough of Dumont

BY :

Signature

Print Full Name S 1gned Above Titl.e

720A)fzlcJ !JIi16l9))T
ID8wr
.
/

!}-m//;:!:ij'1rn7f
.