by Gabe Donio, Gazette Staff Writer

HAMMONTON—A signed Settlement Agreement between Beneficial Recycling LLC (“aka Tuckahoe Turf Farm,” according to state documents) and the New Jersey Department of Environmental Protection (NJDEP) alleges that Beneficial Recycling “has violated” its “New Jersey Pollutant Discharge Elimination System (“NJPDES”) Discharge to Ground Water Permit” and while Beneficial Recycling “denies and contests that allegation,” the company “has determined to withdraw its permit renewal application” to apply biosolids generated in wastewater treatment to approximately 393 acres of farmland to establish and maintain crops, including turf.
The Settlement Agreement between the NJDEP and Beneficial Recycling LLC also calls for Beneficial Recycling LLC to cease operations at the site, which relate to its permit.
A $10,000 fine was also levied as a result of the Settlement Agreement, and a timeline was created for the cessation of turf application, the cleaning of the tanks and their dismantling.
The Settlement Agreement was signed by James K. Hamilton, Administrator of Water Compliance and Enforcement of the NJDEP on April 18. Thomas Betts of Beneficial Recycling LLC signed the agreement on April 21.
On March 27, a letter from the New Jersey Pinelands Commission recommended that the NJDEP not issue permits to Beneficial Recycling LLC for biosolids application.
Beneficial Recycling LLC (BRLLC) will have to comply with the DEP on a number of issues, including the following:
• BRLLC, by execution of this Settlement Agreement, withdraws, with prejudice, its application for renewal of the permit.
• BRLLC shall immediately cease accepting residuals at the site.
• Final land application of residuals currently stored on site shall be completed by August 31, 2008, consistent with the terms and conditions of this Settlement Agreement.
• BRLLC shall apply residual only by subsurface injection.
• BRLLC shall monitor pH each day residuals are land applied. If the pH is less than 11.0, a sufficient amount of lime shall be added to the residuals so as to produce a uniform pH equal to or greater than 11.0 prior to land application.
• BRLLC shall, by June 1, 2008, submit a closure plan for the mixing pit that includes provisions to protect public safety and health.
• BRLLC shall, by September 30, 2008, remove and legally dispose of any and all residuals remaining on the site that cannot be land applied in accordance with the conditions of this Settlement Agreement.
• BRLLC shall, by October 31, 2008, clean both residual storage tanks and the mixing pit. Wash-down water and rainwater which accumulates in the tanks and/or mixing pit prior to dismantling/ closure may be land applied to the site.
• BRLLC shall, by November 30, 2008 close the mixing pit.
• BRLLC shall, by March 15, 2009, dismantle both residual storage tanks.
• BRLLC shall, by March 31, 2009, submit a completed Certificate of Closure Form for the site.
• BRLLC shall not store or land apply residuals at the site, including any and all fields located at the site, following the closure of its residual land application operation.
• BRLLC shall sample and analyze the ground water from monitoring well No.’s 1 through 7 in September 2008 and again in December 2008 for those parameters listed in Table RMS-06, Ground Water Monitoring Requirements and Standards, Part III-DGW of the permit. If BRLLC plans to abandon the ground water monitoring wells after the final round of ground water monitoring, the wells shall be properly sealed.
• On or about November 1, 2008, BRLLC shall sample and analyze the soil from each field in paragraph 5 that receives residuals in 2008.
• BRLLC shall submit, by March 31, 2009, a Final Closure Report which includes: a) A monitoring report summarizing monitoring data and operations that occurred during the closure period . . . b) A narrative description of actions taken to close the site and confirmation that the actions required in this Settlement Agreement have been completed and c) A completed Certification of Closure Form.
• The department shall perform an inspection after receipt of the Final Closure Report.
• In settlement of all potential penalty claims the alleged permit violations from September 1, 2006 to the effective date of this Settlement Agreement, BRLLC shall submit a certified or cashier’s check in the amount of $10,000 by no later than June 30, 2008.
• Obligations and payments of this Settlement Agreement are imposed pursuant to the police powers of the state of New Jersey for the enforcement of law and the protection of the public health, safety and welfare and are not intended to constitute debt or debts which may be limited or discharged in a bankruptcy proceeding.
• The provisions of this Settlement Agreement shall be binding on BRLLC, its principals, directors, officers, agents, assigns, and any trustee in bankruptcy or receiver appointed pursuant to a proceeding in law or equity.
• The Department (NJDEP) reserves the right to require BRLLC to take any and all measures should the Department determine that such measures are necessary to protect human health or the environment. Nothing in this Settlement Agreement constitutes a waiver of any statutory right or enforcement power of the Department to require BRLLC to take such additional measures should the Department determine that they are necessary, nor a waiver by BRLLC of the defenses thereto.
In November of 2006, Mayor John DiDonato appointed a Turf Farm Committee, headed by Tim Aglialoro. This week, DiDonato commented on the NJDEP’s decision regarding the biosolids and the turf farm.
“It’s an excellent decision for the residents in that area, as well as the whole town. It just goes to show you what happens when a government-appointed mayor’s committee is formed of volunteers, especially this committee chaired by Tim Aglialoro,” DiDonato said.
Aglialoro said he felt having both the New Jersey Pinelands Commission and the NJDEP involved in addition to the efforts by local residents combined to yield the result. Aglialoro’s comment on the Settlement Agreement between the NJDEP and Beneficial Recycling was succinct.
“It’s over,” Aglialoro said.
Town solicitor Brian Howell, who worked closely with the committee, expressed satisfaction with the agreement.
“I am very happy that we were able to address this issue for the residents of the area, but I still need to discuss with mayor and council whether any further environmental monitoring is appropriate,” Howell said.
To read the complete Settlement Agreement, please go to www.hammontongazette.com.