...Title
Dept. / Agency: Water and Sewer Utilities
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Execute Deed Notice for Block, 570 Lot 1
Purpose: Authorizing Execution and Recordation of Deed Notice in connection with certain remediation conducted by Spinello Companies at City Owned property at 1650 Green Pond Road, Newfoundland
Location of Property: (1650 Green Pond Road, Newfoundland /Block 570/Lot 1/Morris County/ Newark Watershed)
Additional Information:
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WHEREAS, the City of Newark (the “City”) is the owner of a certain property identified on the Tax Map of Jefferson Township, Morris County, New Jersey, as Block 570, Lot 1, commonly known as 1650 Green Pond Road, Newfoundland (the “Property”); and
WHEREAS, Spiniello Companies (“Spiniello”) is a long-standing tenant that leases a portion of the Property from the City; and
WHEREAS, certain soils upon the Property (the “Soils”) required that environmental remediation be conducted (the “Restricted Area”) and Spinello retained a Licensed Site Remediation Professional (LSRP) to oversee the soil remediation; and
WHEREAS Spiniello has remediated the Soils, at its sole cost, to a restricted use standard as permitted by applicable environmental laws, rules and regulations abs is to be administratively closed by the NJDEP upon the issuance of a Response Action Outcome by the LSRP; and
WHEREAS, the Restricted Area encompasses 3,600 square feet, with a vertical extent ranging between grade and 15 feet below grade; and
WHEREAS, certain permissible levels of contaminants remain in the Soils, and an engineering control in the form of a soil cap has been implemented in the Restricted Area as a permanent environmental remedy to protect public health and safety and the environment; and
WHEREAS, the soil contamination remaining in the Restricted Area contains contaminants at concentrations that do not allow for the unrestricted use of the Property, although the intended function of the Restricted Area engineering control is to serve as a parking lot; and
WHEREAS, the remaining contamination in the Soils requires the filing of a Deed Notice as an institutional control, and to describe the engineering controls that have been implemented in the Restricted Area in accordance with N.J.S.A. 58:10B-13; and
WHEREAS, specifically, the objective of the Deed Notice is to provide public notice that contaminants remain in the Soils at concentrations above unrestricted use soil remediation standards; inform future site owners and users of the locations and concentrations of the remaining contaminants and property use restrictions; and identify any engineering controls used to protect human health and safety and the environment; and
WHEREAS, the Deed Notice is required by the Administrative Rules for the Remediation of Contaminated Sites, N.J.A.C. 7:26C-1, et seq. (the “ARRCS”), and the ARRCS also requires a soil remedial action permit containing monitoring, maintenance, and biennial certification requirements, which Spiniello has agreed to do; and
WHEREAS, in order to effectuate the environmental remediation of the Property as set forth in the Deed Notice and to protect public health and safety and the environment, the City wishes to execute and authorize the Deed Notice, in the form attached and file with the Morris County Clerk’s Office, where the Property is located.
NOW, THEREFORE BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Mayor and/or the Director of the Department of Water and Sewer Utilities are authorized to execute the Deed Notice as to that portion of 1650 Green Pond Road, Newfoundland encompassing 3,600 square feet, with a vertical extent ranging between grade and 15 feet below grade which is comprised of the City-owned parcel identified as Block 570, Lot 1 and to take all necessary steps to effectuate the recording of the Deed Notice in the form attached.
2. A copy of the fully executed Deed Notice shall be filed and recorded with the Morris County Clerk by the Law Firm for Spinello Companies and a copy of the recorded deed will be filed with the City Clerk for the City of Newark by the Director of the Department of Water and Sewer Utilities.
STATEMENT
This resolution authorizes the execution and recording of the Deed Notice as to that portion of1650 Green Pond Road, Newfoundland encompassing 3,600 square feet, with a vertical extent ranging between grade and 15 feet below grade which is comprised of the City-owned parcel identified as Block 570, Lot 1, in order to protect public health and the environment and to prevent direct contact with any of the permissibly remaining contaminated soils upon the Property, in the form attached.