Owners of B&B Organic Waste Recycling refute claims they are responsible for contaminated soil – The West Milford Messenger
The house owners of B&B Pure Waste Recycling strongly refute claims made final week by West Milford Township Administrator William Senade thOn The agency was Responsible for contaminated soil found on municipal land adjoining to the enterprise at 280 Marshall Hill Road in West Milford.
Senade said in a press launch thOn the evaluation of soil samples taken June 3 conagencyed unacceptable ranges of 10 suppliess in 5 places and thOn the matter had been referred to The mannequin new Jersey Division of Environmental Safety.
In a subsequent interview, Tony Battinelli, who with spouse Allison owns B&B As properly as to a quantity of completely different companies Inside the West Milford space, said he was ready for The outcomes from a licensed environmental expert of the samples taken On The identical places on The identical day.
He questioned whether or not the samplings the place judged on residential or enterprise requirements. Residential requirements are greater as a Outcome of the dust Is usually prime soil and used for people’s againyards or playfloors. Commercial grade is considerably much less stringent as a Outcome of The supplies is used for issues like berms and completely different much less trafficked spaces.
Longstanding dispute
The township and B&B Pure Waste Recycling signed a memorandum of settlement dated Nov. 17, 2016. Amongst The numerous gadgets included Inside the memorandum is The subsequent:
“The Township has agreed To permit B&B to enter onto the properties owned by the Township (Tons 18.02, 28.02 and 28.03 on Block 6002) To permit B&B To finish grinding The supplies on the web websites, to display the dust and construct a berm for soil conservation and to Adjust to New Jersey Division of Environmental Safety legal guidelines, and To assist the Township with leaf composting, topic to B&B currenting the Administrator of the Township with enough proof of authorized obligation insurance coverage naming the Township as An further assured.”
All by way of a 90-minute interview, Tony Battinelli described berm that encompasses the property as about 2,000 ft round, 10 ft extreme and as broad as 40 ft in some sections. Berms are esdespatchedial to such operations as a Outcome of they impede runoff, noise And mud. He furtherly said A pair of of the dust used To assemble the berm acquired here from the township’s property.
The 2016 memorandum furtherly provides the township The biggest to make the most of the “entry easement space” on the B&B property to owned by West Milford at 30 Lycosky Drive.
Communications
The Senade assertion furtherly said The current testing was carried out “Partially Because of failures of B&B Pure Waste Recycling LLC To answer repeated requests from the Township and to Adjust to the Township’s Restricted Manuactualityuring and Industrial Ordinance.”
The Battinellis challenged that assertion, saying They’ve frequent contact with the township and the state Division of Environmental Safety relating to his operation. He said, For event, he provides the township with month-to-month quantity totals.
Fires
The township administrator’s assertion furtherly said: “In consequence, and in response To 2 hearths which occurred On the property late final yr, the township filed go well with in New Jersey Superior Courtroom demanding … thOn the Courtroom compel B&B Pure Waste Recycling LLC to abate all pfinishing violations … and to take away all B&B Pure Waste Recycling LLC property from the Township’s property.”
Regarding the hearths, the Battinellis provided an e-mail The agency despatched to Carole Mercer On the state Division of Environmental Safety on Oct. 5, 2020.
Battinelli wrote: “I simply Want to inform you and your office of an incident that occurred on September 20, 2020, at our recycling facility. Whereas doing our Daily stroll by way of we noticed a pile of first floor mulch smoldering. A greater look into pile was carried out with an excavator which launched smoke however no hearth or flames have been detected. Inside A pair of hours the township mayor, hearth marshal and hearth chief arrived for A gathering and stroll by way of. As quickly as pile was inspected it was decided no hearth personnel and/or hearth gear Want to be dispatched. The recommfinishation which was agreed upon by all in attfinishance was monitoring of website 24 hours a day till the pile was floor to final mulch. That was accomplished on September 28, 2020. No completely different incidents have occurred during this Time physique or since then.”
Letter to township officers
In a letter dated June 21, Tony and Allison Battinelli wrote township officers to complain about whOn they said was the untimely launch of The information relating to the soil checks. It reads, Partially:
“From the very starting We now have labored hand in hand with the township, the DEP, State Soil Conservation and any celebration who needed to be involved in getting this property As a lot as par from the situation it was in Earlier to our possession. We have had analytical knowledge and testing carried out on All of the soil launched in to our property, all of which acquired here again satisactualityory. This was turned over to the township per request and to The deptper state regulation.
“You make an try at twisting the story to defame our household’s identify and pInside The drawback on us, Regardmuch less of The very Incontrovertible actuality that We now have documented proof displaying our property to be non-contaminated.”