JOSH GOTTHEIMER 5TH NEW JERSEY COMMITTEE SERVICES SUBCOMMITTEES: WASHINGTON OFFICE: 213 CANNON HOUSE OFFICE BUILDING WASHINGTON, DC 20515 [202} 225?4465 AL MARKETS, SECURITIES, AND INVESTMENTS OVERSIGHT AND 225?9048 TERRORISM AND ILLICIT FINANCE (tongues of the ?tatea M30 11301153 0f Representatthea Waaijingtnu, teat 20515?3005 October 12, 2018 The Honorable Catherine McCabe Commissioner New Jersey Department of Environmental Protection 401 E. State St. 7th Floor, East Wing PO. Box 402 Trenton, NJ 08625 Dear Commissioner McCabe: On August 20, 2018, I wrote to request that the New Jersey Department of Environmental Protection (DEP) test the soil at a property on Silver Spruce Drive in Vernon Township, at which the property owner has engaged in dumping of what residents believe to be solid waste. On October 3, 2018, I received a response from then?Acting Commissioner Kathleen Frangione stating that ?the DEP generally does not regulate ?ll material that does not contain solid wastes and/or is contaminated below certain standards unless it is placed on regulated land areas, such as wetlands, flood hazard areas or other identified areas.? Acting Commissioner Frangione said that review of the waste pile on Silver Spruce Drive ?indicates it is not mixed with solid waste" and ?does not appear to be contaminated above the soil remediation standards,? based on multiple site inspections since 2014 ?with staff from four different programs.? However, the letter indicates that DEP ?will respond if more information about the existing onsite ?ll becomes available. . Attached are the results of testing conducted by Agra Environmental and Laboratory Services (AELS) at 1 Silver Spruce in Vernon, a property adjacent to the waste pile at 3 Silver Spruce Drive. AELS met with the owner of] Silver Spruce Drive, Mr. Eric Gorovy, on August 15, 2018. From the side of the waste pile, Mr. Gorovoy and AELS observed a constant stream of water running out of the pile onto the driveway at 1 Silver Spruce Drive and beyond into adjacent wetlands. These wetlands eventually run into Lake Wallkill, and concerned residents of Lake Wallkill previously wrote to DEP on May 26, 2018, and received a response from Michael Hastry, DEP Director of Waste Enforcement, on June 1, 2018. AELS sampled the water stream for metals, volatile organic compounds, nitrates, conductivity, and pH. The sample had high levels of iron and manganese, which can be found naturally in groundwater. It also had high conductivity, which is also indicative of a groundwater source. However, the sample results demonstrated an alarming level of lead in the water: 78.6 micrograms per liter, far above the New Jersey groundwater site remediation standard of 5 GLEN ROCK HACKENSACK NEWTON RINGWOOD VERNON WASHINGTON BOROUGH 65 HAHHISTOWN ROAD 65 CENTRAL AVENUE 93 SPRING STREET 50 MARGARET KING AVENUE 21 CHURCH STREET 100 BELVEDERE AVENUE SUITE 104 HACKENSACK. NJ 07601 SUITE 408 RINGWOOD, NJ W456 VERNON, NJ 07?452 WASHINGTON BOROUGH, NJ 07882 GLEN ROCK. NJ 07452 PHONE (201] 389?1100 NEWTON, NJ 07860 PHONE [20113894100 PHONE {201} 389?1100 PHONE (201: 339.4100 PHONE (201} 389?1100 PHONE 1978} 940?1 117 CIN RECYCLED PAPER micrograms per liter. Lead is not typically found in groundwater or surface water sources; rather, it generally indicates corrosion of various pipe material. Because of the elevated level oflead in the water running from the waste pile into adjacent wetlands, I again join Mayor Harry Shortway and many concerned residents of Vernon in calling for discrete core soil sampling at 3 Silver Spruce Drive, as well as monitoring wells around the property to determine impact to groundwater. test results constitute ?more information about the existing onsite fill,? and they therefore merit a more thorough DEP investigation of the waste pile. Additionally, we must ensure the runoff of the waste pile does not drain into residents? drinking water or into one of the most environmentally important parts of our state, the Highlands Region. The residents of Vernon deserve to know that the water in their town is safe for their children and families. Acting Commissioner Frangione?s response also acknowledges ?brick and block? and ?possible trace amounts of asphalt? in the waste pile, but dismisses this material as ?de minimis? in quantity. I respectfully request more information on the methodology DEP used to determine that the amount of construction waste in the pile is de minimis, particularly if minimal physical testing was conducted. I look forward to your response to this matter, and to partnering with DEP to protect the health and safety of Vernon families and children. Sincerely, CC: Governor Philip Murphy Mayor Harry Shortway Council President Jean Murphy Council Vice President Dan Kadish Councilman John Auberger Councilwoman Sandra Ooms Councilman Mark Van Tassel Senator Steve Oroho Parker Space Harold Wirths Agra Environmental and Laboratory Services 90 1/2 West Blackwell St., Dover, New Jersey 07801 (973 989?0010 P, (973) 989-0156 Analytical Results Date: September 4, 2018 Client: Eric Gorovoy Address: 1 Silver Spruce Sample description: Sample location: Vernon, NJ 07462 Ground Water 18081625-01 Roadway Runoff from 3 Silver Spruce Dirt Pile Sampled by: M. Furrey Sample date: 08/15/18 Time: 17:15 Analyst: J. Filan/ B. Moraga/ M. Schrielts J. MacDonald Sample Date Time Reporting Parameter Method Result NJDEP Limit Analyzed Analyzed Limit VOC EPA524.2 <05 rig/L See Attached 08/17/18 02:50 0.5 ug/L Iron SM31 1 113 3.11 mg/L 0.3 mg/L 08/30/18 17:30 0.2 mg/L Manganese SM31 1 0.206 mg/L 0.05 mg/L 08/31/18 10:31 0.04 mg/L Lead SM31 1313 78.6 lug/L 5 ttg/L 08/30/18 01:34 20 ttg/L Nitrate EPA300.0 6,440 pg/L 10,000 rig/L 08/17/18 05:26 500 ug/L Conductivity SMZS 1013 768 uMho/cm -- 08/16/18 14:57 5 uMho/cm pH (1) 8.5 so 6.5-8.5 su 08/15/18 -- ug/L micrograms per liter milligrams per liter uMho/cm= micro mhos per centimeter su= standard units Notes: (1) Analysis completed at time ofcollection by ?eld sample technician All testing was done within the required holding time. I certify that these samples were analyzed in accordance with procedures approved by the New Jersey Department of Environmental Protection. [KM/tile ?me (For 3V3 Susan VanVeen, Lab Mail/ager NJ Laboratory Certification ID if 14013 Date Sue-ltmbu? Ml? Agra Environmental and Laboratory Services 90 V2 West Blackwell Street, Dover, New Jersey 07801 P: (973) 939-0010 F: (973) 989-0156 NJDEP Lab 14013 Volatile Organics USEPA Method 524.2 Sample Name: Gorovoy Silver Spruce (Roadway Runoff) Data File: DV1454 Date Analyzed: 08117113 02:50 Date Collected: 08115118 17:15 Lab ID: 1808162501 Matrix: Water Initial Volume: 25 ml Dilution Factor: 1 Sample Sample NJDEP Exceed MDL Concentration MCL CAS Number Compound (119M (EQIL) (uglL) 71-43-2 Benzene 0.50 1 56-23-5 Carbon Tetrachloride 0.50 2 1013-90-7 Chlorobenzene 0.50 50 9550-1 1 .2-Dichlorobenzene 0.50 600 541-73-1 1.3-chhlorobenzene 0.50 600 1136-46-7 1.4-Dichlorobenzene 0.50 1'5 75-35-3 0.50 50 1 07-06-2 1.2-Dichloro ethane 0.50 2 7535-4 1 .1 -Dichloro ethane 0.50 2 156-59-2 0.50 70 156-60-5 trans-1,2-Dichloroethene 0.50 100 78?87-5 1.2-Dichloropr0pane 0.50 5 100-41-4 . 0.50 700 75-09?2 Methylene Chloride 0.50 3 1 1534-04-4 Methyl-t-butyl Ether 0.50 70 91-20-3 Naphthalene 0.50 300 100-42-5 Styrene 0.50 100 7964-5 1 ,1.2.2?Tetrachloroethane 0.50 1 1274 8-4 Tetrachloroethene 0.50 1 1013-88-3 Toluene 0.50 1000 120-82-1 0.50 9 71-55-6 1 .1 .1 ~Trichioroethane 0.50 30 79-00-5 1 .1.2?Trichloroethane 0.50 3 79~01~6 Trichloroethene 0.50 1 75-01-4 Vinyl Chloride 0.50 2 95-47-6 o-Xylene 0.50 NA NA NA 1118-38-3: 1013-42-3 m,p~Xylene 0.50 NA NA NA 1 1130-20-7 Total Xylenes 0.50 1 000 Total Target Concentration: 0 Column: 40m, 0.18mm, 111m ?lm MDL - method detection limit MCL - maximum contaminant limit indicates the compound was analyzed for but not detected -- lndicates an estimated value when a compound is detected at less than the MDL dicates that the compound was also present in the method blank Ju? Susan blanVeen. Laboratory Manager Dale NJ Laboratory Certification ID 14013 CHAIN OF CUSTODY SAMPLE ANALYSIS REQUEST Customer Name: Add ress: Cou nty/Municipality: Phone: Work: ?hi-t4 0?7 report to: Agra Environmental services i :21!va gem/UM (IV-J (yaw-6'7 1? RV ell/L 901/2 West Blackwell Street Dover. NJ 07801 Phone: (973) 989-0010 Fax: (973) 989-0156 Matrix Abbreviations: Drinking Water 6- Groundwater W- Wastewater SL-Sludge P-Pool L-Lake Project: Collection NJ L325, :T'Eflfor laboratory use only Vials pH 1 pH: Clz: pH: HCI Vials N325203 HNO-L unpreserved other other rlelu pH: pH: Field ID Date Time c1919 xuiew i0 ennemasaid ANALYSIS REQUESTED Ci2 i ?51: [7r ?7 lfd?x 1?1 rm 0 Lav/W I 5" 6M6 zoo/m; ?0 Tin-1T, i sup 1/er FM me 765 u?iun bolt, trim 0574.: MS Prim71: 1GB ?mlmsi W1 E?Jlto (Sm AA 1?1 0 - 3-59?4414 YMMV (my of I l1 ill/m, ?Ge $.li will: bibles I AH F: Macoqob?mb 109 FL- qrizr?rij S?riwri? we to? its-.7151? MIL ef?ng man: an Milli cr? Sampled By (namelcompany): ?6/3/13 xv)? State Forms Needed (circle one): Yes or (NV indicate laboratory location where analysis requested was performed NJDEP Laboratory Certi?cation (Dover. NJ) #14013 :33; Half}; $10.29* NJDEP Laboratory Certification (Marlboro, NJ) #13033 -: ?.zt?izaih St?kfa?j . ?3 ril 44:9? .. .'11 'Q'Tf?tz??t?f I Reporting Requirements (Check Box): Standard NJ RedUCed Other (Specify) we Cooler Temperature Upon Receipt at lab: Sample Custody Exchanges (Please use full legal signature) Scanned D7: /r Time: [7l( Received By: Date: 2016er Relinquished By: Dale: Time: Re?iv?ed By: Date: Relinquished By: Date: Time: Received By: Date: Date Faxed Invoice Number Relinquished By: Date: Time: Received By; Date: Is sample known to be hazardous? (circle one) Yes or NO