Page 1 of 14 Compliance Evaluation Summary and Checklist with ALL Requirements Date Printed: 111772019 Activity: BCI 180006 *Brief Compliance Inspection (133571) Title Description: 773718 Active Land?ll Start Datei'l'ime: 07(0372018 10:30 AM End DatelTime: 0770372018 1:30 PM KEEGAN LANDFILL . 133571 (SOLID WASTE FACILITY) Program Interest. 43? BERGEN AVE KEARNY TOWN, HUDSON COUNTY ONE DEKORTE PARK PLAZA Mailing Address: NJ 07071 Nj Meadowlands Comm 133571 (Solid Waste Facility) Block(s) and Lot(s): No Block and Lot Le i Investigators Po 0 I Witnesses Zasoski. Andrea Mercer. Carole Reggie Rachumi. NJSEA, 1 DeKorte Park Plaza. PO Box 640, NJ 07071 201-638-7103 Walt lngman, Waste Management. 201-250-1710 Site Summary: Please see 2-14-18 BCI for facility summary. Site Observations: The purpose of the inspection was to check on the facility's progress with the litter control issues identi?ed - during the 2-14-18 and 4-12-18 and 5-4-18 inspections. Inspectors Carole Mercer (previous inspector) and Andrea Zasoski (current inspector) checked in with Walt Ingman, Waste Management, at the office trailer. lnpsectors then proceeded onto the land?ll. Inspectors went around the entire perimeter of the land?ll checking for maintenance of the land?ll's control systems (monitoring wells. etc.) and overall condition of the land?ll. The Ieachate break that was observed in the 2-14-18 inspection has been repaired. Litter was still observed in some areas. mostly along the side slopes of the land?ll. See photos in attachments. Inspectors went to the top of the land?ll and observed waste that was not covered with daily cover which may be contributing to the litter issues. Approval condition #55 states the owner may be exempted from the application of daily cover soil if uncovered solid waste is inert and will not create an environmental or public health nuisance or safety hazard. Due to the ongoing litter issues, condition #55 will be marked out of compliance. At the working face of the land?ll, inspectors observed a truck dumping a liquid sewage sludge material (See photos in attachments). The inspectors interviewed the driver of the truck and the driver explained that the load is from North Bergen MUA. Keegan Land?ll has been classifying this material as ?3-27 according to Tom Martuano, NJSEA. The Bureau of Solid Waste Permitting and the Bureau of Pretreatment and Residuals were consulted on this matter and it was determined that the liquid sewage sludge material from North Bergen MUA Is not ID- 27 and Keegan Land?ll must immediately stop accepting this material from any treatment plant. Tom Martuano and Reggie Rachumi. NJSEA, was advised of these ?ndings via e-mail and was noti?ed that Keegan Land?ll will be issued a Notice of Violation. Inspection Attribute(s): - - - Quantity(s) gNumber of Attributes 0 IC - In ND - Compliance Not NA - Not PV - Potential . Compliance Determined Applicable Violation ?93de N?t Impacted NC - No Obvious ON - Out of Campliance. OC - Out of DC Data 8 - Sub- RTC - Return to Concern Non-referred Yes Compliance Collection . Heading Compliance 133571 3X01 0 - Compliance Evalutation QC Checklist - SW acility Page 2 of 14 RMIRATIVE REPORT INFORMATION. Rules i Does the General Comments ?eld or separate Rules 3 word document narrative report concisely describe the extent of areas inspected. Operations. and any observations of potential signi?cance. including changes since last inspection? If please explain. Was contact information obtained and entered Rules appropriately for each person interviewed? Explain if Was the Program Interest Mailing Address on ?le Rules con?rmed as correct? Explain if is this Pi clear Of Open or pending Enforcement See checklist items marked Rules Actions? If describe what actions are "00" required in order for each open action to be closed. Regardless of Compliance Status. have all Rules I checklist items pertaining to volume restrictions been answered completely. providing a capacity estimate and noting the method of measurement? Have all measurements. GPS readings. PID Rules readings. sketches. maps. or other documentation relevant to this inspection been recorded herein? Note what information is available in the attachment list. if please explain. Are descriptions of any new violations described Rules in detail. including their speci?c Have all persistent violations been documented Rules appropriately. marking for corrective actions which have not been implemented, and in the appropriate checklist row and noting any changes or new information pertaining to the violation? Has an inspection close out discussion been Rules documented in the comments ?eld. with names Of parties to the discussion. and describing planned or implemented actions needed or agreed upon? Please explain if"NO". IC - In ND - Compliance Not NA - Not PV - Potential . Compliance Determined No Applicable Violation Headlng NI Inspected NC - NO Obvious ON - Out of ComplianceData 5 - Sub- RTC - Return to Concern Non-referred Compliance Collection Heading Compliance Page 3 of 14 133571 5X01 0 - Compliance Evalutation QC Checklist - SW Facility By responding ?Yes" and submittal of this report. I hereby represent that have reviewed it for completeness. spelling. and grammar? Please explain if 133571 SWLG 885 393 - General Solid Waste Facility Operating Conditions owner operator 5 a?lprate the facility in Areas of litter were observed CTO 170001 compliance with the requirements of N.J.A.C. on the land?ll. the litter was 45 7226-111. 7:26- primarily on the side-slopes. Litter control issues were identi?ed during the previous inspections on 2-14-18 and 4-12-18 and 5-4-18 as well. Where the ownerloperator becomes aware that it CTO 170001 failed to submit any relevant facts in a permit 57 application. or submitted incorrect information in a permit application or in any report to the Department. the ownerloperator shall submit such facts or information. 7:26- . 2] All completed registration statements submitted CTO 170001 by the owner/operator shall be signed as 58 speci?ed at N.J.A.C. - 7:26- All engineering designs and reports, the CTO 170001 environmental and health impact statement. other 59 information requested as "Addendums" by the Department pursuant to N.J.A.C. and (9)4 and documents required to be submitted pursuant to N.J.A.C. 7:26-29 and 2.10. submitted on behalf of the owner/operator. shall be signed by a person described in N.J.A.C. or by a duly authorized representative of that person. as speci?ed at N.J.A.C. 7:26- Any person signing a registration statement. CTO 170001 engineering design or report. environmental and - 60 health impact statement or addendum mentioned in N.J.A.C. or submitted on behalf of the ownerloperator. shall make the certi?cation speci?ed at N.J.A.C. 7:26- IC - In ND - Compliance Not NA - Not PV - Potential Compliance Determined No Applicable Violation Heading NI N01 Inspected NC - No Obvious ON - Out of ComplianceData 3 - Sub- RTC - Return to Concern Non-referred Compliance Collection Heading Compliance 133571 SWLG 885 393 - General Solid Waste Facility Operating Conditions Page 4 of 14 Prior to May 1 of each calendar year the owner! IC All reports are up to date as CTO 170001 operator shall submit to the Department a per Sanjay Shah. NJDEP 66 statement updating the information contained in Solid Waste Permitting. the initial registration statement. This update shall be on forms furnished by the Department. In no case shall submission of an updated statement alter conditions of this CAO. 7:26- 2.8 The ownerloperator shall notify the Department in CTO 170001 writing within 30 days of any change in the 67 information set forth in the current registration statement. 7:26? Failure of the permittee to submit an updated CTO 1.70001 registration statement ant:l to submit all applicable 68 fees, required by N.J.A.C. 7:26-4. on or before July 1 of each calendar year shall be suf?cient cause for the Department to revoke this permit or take such other enforcement action as is appropriate. 7:26? The ownerioperator shall maintain a daily record IC Records of incoming waste CTO 170001 of wastes received. The record shall include the were reviewed for June 2018 69 information speci?ed at N.J.A.C. 7:26? The daily record shall be maintained. shall be IC CTO 170001 kept. and shall be available for inspection in 70 accordance with N.J.A.C. 7:26- The ownerioperator shall verify. retain and make IC The land?ll operates three CTO 170001 available for inspection a waste origin/disposal (O inbound and one outbound 71 and D) form for each load of solid waste received scale. The 08D forms were in accordance reviewed at the scalehouse. 7:26- The forms were complete with no missing information. The ownerloperator shall submit IC Sanjay Shah, NJDEP CTO 170001 summaries of wastes received to the Division of permitting. stated in an e-mail 72 Solid and Hazardous Waste. Bureau of Planning on 6728118 that Keegan and Licensing and the Solid Waste Coordinator submits all reports regularly. for the District where the facility is located. on forms provided by the Department (or duplication of same). no later than 20 days after the last day of each month. The summaries shall include the information speci?ed at N.J.A.C. 7:26? IC ln ND - Com liance Not NA - Not PV - Potential . Compliance DetennineTl No Applicable Violation Heading NI Not Inspected NC No Obvious ON - Out of ComplianceData Sub- RTC - Return to Concern Non-referred Compliance Collection Heading Compliance Page 5 of 14 133571 SWLG 885 393 - General Solid Waste Facility Operating Conditions Upon request epa ment. CTO 170001 operator shall submit. in such form as the 73 Department may deem appropriate, information concerning the sources of wastes received and the transportation or disposal patterns associated with such wastes. 7:26- 6.4] The ownerloperator shall operate the facility in CTO 170001 compliance with any applicable district solid 74 waste management plan(s) as well as any amendments to andlor approved administrative actions concerning such plan(s). Should the ownerioperator fail to comply with any applicable district solid waste management plan(s) as well as any amendment to or approved administrative actions concerning such plan(s). the owner! operator shall be deemed in violation of N.J.S.A. et seq. and N.J.A.C. 7:26-1 et seq. and shall be subject to applicable penalties provided thereunder. and any other applicable laws or regulations. 7:26- The owner/operator shall report to the CTO 170001 Department and the Attorney General within 30 75 days any changes or additions in the information required to be included in the disclosure statement. as speci?ed at N.J.A.C. The ownerloperator shall report any other CTO 170001 changes in the information contained in the 76 disclosure statement currently on ?le with the Department and the Attorney General in an annual update to be ?led with the Department at the time of the annual renewal of its registration with the Department. as speci?ed at N.J.A.C. IC - In ND - Compliance Not NA - Not PV - Potential . Compliance Determined No Applicable Violation Heading NI Inspected. NC - No Obvious ON - Out of ComplianceData 5 - Sub- RTC - Return to Concern Non-referred Compliance Collection Heading Compliance Page 6 of 14 133571 SWL 0 eratin Conditions The ownerloperator shall inspect each Incoming CTO 170001 waste load in accordance with the Waste Control. 73 Inspection, and Recyclables Plan included as part of the approved ?nal operations and maintenance manual. or in accordance with any other approved facility operating plan as appropriate. Such inspections shall be performed to identify the incidence of designated recyclable materials that may be mandated to be source separated by the District Recycling Plan applicable to the point of origin of the waste load. The ownerloperator shall consult with each county recycling coordinator for the facility's service area on a quarterly basis to review those recyclable materials that are designated by each county to be source separated pursuant to N.J.S.A. The Waste Control. inspection. and Recyclables Plan or other approved facility operating plan as appropriate. shall be updated accordingly. Should any designated recyclable materials be detected in a delivered waste load. the appropriate county recycling coordinator shall be noti?ed in writing. The ownerfoperator shall maintain a copy of each such noti?cation at the facility. Whenever possible. the generator who failed to source separate the recyclable materials shall also be identi?ed and reported to the county recycling coordinator. 7:26? Upon noti?cation from the Department that a CTO 170001 State of Emergency. which may impact the 79 facility's operations. has been declared by the Governor pursuant to the New Jersey Disaster Control Act at N.J.S.A. App. et seq.. the owner/operator shall provide to the Division of Solid and Hazardous Waste a daily report on the operational status of the facility and the quantity of wastes received during the previous operating day or any other relevant information requested pursuant to N.J.S.A. App. The status report shall be submitted electronically. or as otherwise directed by the Department. to on forms. or in the format. provided by the Department and in compliance with the time frames established by the Department after the State of Emergency declaration. The status reports shall be submitted daily until the ownerloperator is informed by the Department that the reports are no longer required for that State of Emergency. 7:26? IC - In ND - Compliance Not NA - Not PV Potential . Compliance Determined NO . Applicable Violation Heading NI ?Gt inspected NC - No Obvious ON - Out of Compliance. OC Out of DC - Data 5 - Sub- RTC - Return to Concern Non-referred Yes Compliance Collection Heading Compliance Page 7 of 14 133571 SWLG 885,393 - General Solid Waste Facility Operating Conditions In case of con?ict, the provisions of N.J.A.C. IC CTO 170001 7:26-1 et seq. shall-have precedence over the 99 conditions of this CAO. the conditions of this CAO shall have precedence over the referenced permit application documents, and the most recent revisions and supplemental information approved by the Department shall prevail over prior submittals and designs. 7:26-2] One compiete set of the permit application IC CTO 170001 documents as referenced herein, this CAO. the - 100 8. manual. and all records, reports and plans as may be required pursuant to this CAO shall be kept on-site and shall be available for inspection by authorized representatives of the Department upon presentation of credentials. If required, soil erosion and sediment control shall CTO 170001 be achieved in accordance with the Soil Erosion 104 and Sediment Control Plan certi?ed by the Hudson County Soil Conservation District. 7:26- IC - In ND - Compliance Not NA - Not PV - Potential . Compliance Determined No Applicable Vlolation Headlng NI Not inspected NC - No Obvious ON - Out of ComplianceData 8 - Sub- RTC - Return to Concern Non-referred Compliance Collection Heading Compliance 133571 SWLG 885,392 - General TCAO Conditions Failure to comply with the conditions of this CAO may subject the operatoriowner to suspension or revocation of the GAO in accordance with N.J.A.C. Page 8 of 14 CTO 170001 80 The Department may terminate or modify the conditions of this CAO. in the event that the Department determines that such associated operations may pose a threat to public health or the environment. CTO 170001 81 The operator/owner shall manage the operation authorized by this Certi?cate of Authority to Operate (CAO) in accordance with the application documents referenced in this CAO. 7:26- ON See checklist items marked IIOCII CTO 170001 82 This CAO shall remain effective for the period of one (1) year or until a ?nal decision is made on the owner/operator's application for renewal and modi?cation of the Solid Waste Facility Permit for the facility. whichever is earlier. A complete application requires an appropriately funded ?nancial plan for closure and post-closure care of the land?ll pursuant to N.J.A.C. The ?nancial plan remains under review. If the application is determined to be complete. the Department will commence solid waste facility permit issuance procedures following the requirements and schedules presented in N.J.A.C. 7:26-2. if a ?nal decision has not been made on the Solid Waste Facility Permit Application by the expiration date of this CAO, the ownerioperator may apply to extend this CAO. 7:26? CTO 170001 83 The issuance of this CAO and the conditions of operation identi?ed herein shall not be interpreted as relieving the operator/owner of hisiher responsibility to secure and maintain all other applicable federal and local permits or similar forms of authorization relating to the construction andfor operation of this project. 7:26- CTO 170001 84 1 33571 SWLG 885 394 - Specific Landfill Operating Conditions IC - In ND - Compliance Not NA - Not PV - Potential . Compliance Determined N0 Applicable Violation Headlng NI Not Inspected NC - No Obvious ON - Out of ComplianceData 3 - Sub? RTC - Return to Concern Non?referred Compliance Collection Heading Compliance 133571 SWLG 885 394 - ecific Land?ll Operating Conditions Page 9 of 14 CTO 170001 operational, maintenance, inspection and 1 monitoring requirements for all sanitary land?lls as provided at N.J.A.C. The facility is authorized to accept the following 00 A truck dumping a liquid CTO 170001. waste types: - Bulky waste (except for sewage sludge material was 2 automobiles, trucks. trailers, large vehicle parts. observed being dumped at drums, and appliances), ID1SC - Construction the working face of the and demolition waste, - Vegetative waste. land?ll. The inspectors and lD27 - Dry industrial waste as per N.J.A.C. interviewed the driver of the 7:26- truck and the driver explained that the load is from North Bergen MUA. Keegan Land?ll has been classifying this material as lD?27 according to Tom Martuano, NJSEA. The Bureau of Solid Waste Permitting and the Bureau of Pretreatment and Residuals were consulted on this matter and it was determined that the liquid sewage sludge material from North Bergen MUA is not lD-27 and Keegan Land?ll must immediately stop accepting this material from any treatment plant. The facility is not authorized to accept any other CTO 170001 type or description of solid waste as de?ned at 3 N.J.A.C. and regulated medical waste as de?ned at N.J.A.C. or hazardous waste as de?ned at N.J.A.C. 7:266. 7:26- The areal extent of the land?ll shall be IC CTO 170001 approximately 100 acres. Final elevation. 7 including the ?nal cover. shall not exceed elevation 100 feet above mean sea level for the entire land?ll. All sideslopes shall be constructed as speci?ed on the referenced engineering plans. 726- Access to the sanitary land?ll for solid waste IC CTO 170001 disposal shall only be permitted during the 8 following hours: Monday through Friday: 6:00 am. to 4:00 pm. and Saturday from 6:00 am. to 1:30 pm. The land?ll will be closed on the New Jersey legal holidays. 7:26? lC - In ND - Com liance Not NA - Not PV - Potential Compliance Detenninetd N0 Applicable Vlolatlon Heading NI Net Inspected NC - No Obvious 0N - Out of ComplianceData 8 - Sub? RTC - Return to Concern Non-referred Compliance Collection Heading Compliance Page100f14 133571 SWLG 885 394 - ecific Landfill Operating Conditions The land?lls ase Iner consas the naturally CTO 170001 occuring gray silt layer with pearmeability 9 The facility is vertically contained by a perimeter slurry wall tied into the silt layer. The in- place permeability of the slurry wall shall be maintained at less than or equal to 1X10E-7 cm! sec. 7:26- The ?nal cover for the land?ll shall consist of the CTO 170001 following capping system in descending order: 10 6 inches of vegetative soil with hydraulic conductivity of 5X10-4 cm/sec; a 12 inch sacri?cial barrier layer with hydraulic conductivity maximum of 1X10-4 cmisec; a 12 inch barrier layer with hydraulic conductivity maximum of cmlsec; and 12 inches of intermediate cover. For any change in the ?nal cover. a request shall be submitted to the Division of Solid Hazardous Waste for approval prior to implementation. There shall not be any future use of the land?ll that may result in the alteration of the ?nal cover. subsequent to closure activities. without review and approval by the Division of Solid 8. Hazardous Waste. 7:26? The ownerloperator shall close and maintain the CTO 170001 land?ll in accordance with N.J.A.C. and 25 the approved closure and post-closure plan as referenced herein. The ownerloperator shall notify the Department in CTO 170001 writing of his intention to suspend or terminate 26 . operations at the land?ll. The Department shall . receive notice at least 10 days prior to the date of suspension of operations. which notice shall include the duration of the suspension. and shall receive notice at least 180 days prior to the date of termination of operations. Final cover constructed in accordance with CTO 170001 N.J.A.C. shall be applied to all 27 surfaces where ?nal approved elevation has been reached and to all surfaces when the land?ll operation is terminated. 7:26? 2A.8(Compliance Not NA - Not PV Potential . Compliance Determined No Applicable Violation Heading NI Not inspected NC No Obvious ON - Out of ComplianceData 5 - Sub- RTC - Return to Concern Non-referred Compliance Collection Heading Compliance 133571 SWLG 885 394 - eciflc Landfill Operating Conditions with the deed, with the appropriate county recording of?ce. The description shall include the general types, locations, and depths of wastes on the site, the depth and type of cover material, the dates the land?ll was in use and all such other information as may be of interest to potential landowners, and shall remain in the record in perpetuity. The deed shall also provide notice that any future disruption of the closed land?ll shall require prior approval from the Department in accordance with N.J.A.C. A copy of the recorded deed shall be submitted to the Division of Solid 3t Hazardous Waste. 7:26? Page 11 of 14 CTO 170001 28 The owner or operator may apply for Departmental approval to amend the Closure and Post-Closure Plan at any time during the sanitary land?ll's operation, closure or post-closure care period. CTO 170001 29 The Department may require the amendment of an engineering design and a Closure and Post- Closure Plan at any time it is deemed necessary during the sanitary landfill's operation, closure or post-closure care period. CTO 170001 30 A copy of the approved Closure and Post-Closure Plan shall be kept on ?le at the sanitary land?ll during the course of the sanitary land?ll's operation and, after closure, shall be ?led with the municipal clerk. CTO 170001 31 Within six months of closure of the sanitary land?ll. the owner andior operator of the sanitary land?ll shall obtain and submit to the Department an as-built certi?cation by a New Jersey licensed professional engineer, certifying that each provision of the Closure and Post-Closure Plan has been implemented as designed and approved. CTO 170001 32 A New Jersey licensed professional engineer shall certify, in writing, to the Department that he or she has supervised the inspection of the construction of each major phase of the sanitary land?ll's closure. He or she shall further certify that each phase has been prepared and constructed in accordance with the closure design approved by the Department. The certi?cation shall include as?builtdrawings. 9(d)10l] CTO 170001 33 IC - In ND Compliance Not NA - Not PV - Potential Compliance Determined Applicable Violation Heading NI - Not Inspected OC - Out of DC - Data 3 - Sub- Compliance Collection Heading RTC - Return to Compliance NC - No Obvious ON - Out of Compliance, Concern Non-referred Yes 133571 SWLG 835 394 - ecific Land?ll eratin Conditions Page 12 of 14 A New Jersey licensed professronal engineer shall certify that the materials utilized in the closure of the sanitary land?ll are in conformance with and meet the specifications of the approved closure design. There shall be no deviation from the approved CTO 170001 closure design without the prior written approval 35 of the design engineer and the Department. 7:26- All certi?cations shall bear the raised seal of the CTO 170001 New Jersey licensed professional engineer. his or 36 her signature. and the date of certi?cation. The closure certi?cation shall include the CTO 170001 following statement: I certify under penalty of law 37 that have personally examined and am familiar with the information submitted in this document and all attachments and that. based on my inquiry of those individuals under my supervision. I believe the submitted information is true. accurate and complete. I am aware that there are signi?cant penalties for submitting false information. including the possibility of ?ne and imprisonment. I understand that. in addition to criminal penalties. I may be liable for civil administrative penalty pursuant to N.J.A.C. 7:26-5 and that submitting false information may be grounds for denial. revocation or termination of any solid waste facility permit for which I may be seeking approval or now hold. 9(d)10V] The ?ow of leachate in the leachate collection 10 All reports are up to date as CTO 170001 - system shall be recorded on a daily basis. The per Sanjay Shah. NJDEP 38 results shall be compiled on a quarterly basis and Solid Waste Permitting. submitted to the Division of Solid 3. Hazardous Waste. 7:26- The hydrostatic pressure of the cut?off wall and IC All reports are up to date as CTO 170001 the liner system shall be monitored on a per Sanjay Shah. NJDEP 39 basis and the results submitted to the Division. Solid Waste Permitting. IC - In ND - Corn liance Not NA - Not PV - Potential . - Compliance Determinelzl No Applicable Vlclallon Heading NI Not Inspected NC - No Obvious ON - Out of ComplianceData - Sub- RTC - Return to Concern Non-referred Compliance Collection Heading Compliance 133571 SWLG 885 394 - Landfill Operating Conditions Page 13 of 14 A met ane gas survey 5 a All reports are up to date as CTO 170001 the perimeter of the land?ll buffer zone not per Sanjay Shah. NJDEP 40 bounded by water on a quarterly basis. The Solid Waste Permitting. survey shall be performed with a hand-held portable explosimeter or equivalent and the minimum sampling depth shall be three feet below the ground surface or above the water table. whichever is higher. The maximum interval between sampling points shall be 300 feet. Sampling shall be performed around the perimeter of all on-site structures. The maximum interval between sampling points for structures shall be 50 feet; however. there shall be at least one sampling point along each side of the structure._Survey results shall be submitted to the Division of Solid Hazardous Waste as a condition of this Approval. 7:26- 9li] The daily precipitation data from the IC All reports are up to date as CTO 170001 meteorological monitoring system shall be per Sanjay Shah, NJDEP 41 compiled on a quarterly basis and submitted to Solid Waste Permitting. the Division. The monitoring data for hydrostatic pressure of IC All reports are up to date as CTO 170001 the cut-off wall shall be submitted on a per Sanjay Shah, NJDEP 43 basis due on the last day of each month. The Solid Waste Permitting. monitoring data for daily precipitation. leachate collection and methane gas shall be submitted on a quarterly basis; fourth quarter due on January 31, 1st quarter due on April 30, 2nd quarter due on July 31, and 3rd quarter due on October 31 of each year. 7:26- The annual topographical survey of the sanitary IC All reports are up to date as CTO 170001 land?ll meeting the requirements of N.J.A.C. per Sanjay Shah, NJDEP 44 shall be submitted to the Division by Solid Waste Permitting. May 1 of each year. The ownerloperator shall maintain a separate CTO 170001 area for staging and mixing ZIMPRO sludge to be 115 used for daily cover. The ownerioperator shall accept no more than 75 IC The ZIMPRO log was CTO 170001 cubic yards of ZIMPRO material on a daily basis. reviewed for May 2018. The 116 facility is not taking more than 75 yards of ZIMPRO material per day. IC - In ND - Corn liance Not NA - Not PV - Potential . Compliance Determine?! No Applicable Violation Heading NI Not Inspected NC - No Obvious ON - Out of ComplianceData - Sub- RTC - Return to Concern Non-referred Compliance Collection Heading Compliance 133571 SWLG 885 394 - Specific Landfill Operating Conditions A ground water monitoring system shall be maintained and the ground water shall be monitored in conformance with the New Jersey Pollutant Discharge Elimination System Permit issued pursuant to N.J.A.C. et. seq. Monitoring data shall be reported as required by the NJPDES Permitall NJ0171271. 7:26- All reports are up to date as per Sanjay Shah, NJDEP Solid Waste Permitting. Page 14 of14 CTO 170001 129 Solid waste shall be covered at the close of each Operating day with daily cover consisting of six inches of compacted clean soil andior a mixture of ZIMPRO sludge and clean soil. ZIMPRO sludge shall only be mixed in a 1:1 ratio with clean soil material for use as cover. Any alternative cover material and/or Processed Dredge Material from off?site shall not be accepted for use of dailyiintermediated cover without prior approval from the Division of Solid 8: Hazardous Waste. In accordance with N.J.A.C. the owner may be exempted from the application of daily cover soil if uncovered solid waste is inert and will not create an environmental or public health nuisance or safety hazard. 7:26- OC Uncovered solid waste was observed at the top of the land?ll. The uncovered solid waste may be contributing to the ongoing litter issues. CTO 170001 131 The ownerloperator of the land?ll shall use ZIMPRO as daily cover on the interior faces only. it shall not be applied to the exterior sides and side slopes. 7:26- CTO 170001 132 The Bergen Avenue entrance shall be fenced and equipped with a secure gate. The facility fencing and gate shall be maintained to prevent unauthorized entry to the land?ll. 7:26- CTO 170001 134 lC - In ND - Compliance Not No NA . Not PV - Potential Compliance Determined Applicable Violation Headlng NI Not Inspected NC - No Obvious ON - Out of ComplianceData 8 Sub- RTC - Return to Concern Non-referred Compliance Collection Heading Compliance State of New Jersey PHILIP u. MURPHY DEPARTMENT OF ENVIRONMENTAL PROTECTION Governor DIVISION OF WASTE ENFORCEMENT, PESTICIDES RELEASE PREVENTION BUREAU OF SOLID WASTE COWLIANCE a ENFORCEMENT SHEILA y. OLIVER PO. Box 420, MAIL Cons 09?03 L, ammo, Taxman, NJ 08625-0420 TEL. (609) 292-6305 FAX (609) 292-3910 CERTIFIED 7015 3430 0000 4828 0654 NOTICE OF VIOLATION EA ID PEA180001 - 133571 Mr. Thomas Marturano, Director New Jersey Sports and Exposition Authority (NJSEA) Solid Waste and Natural Resources One DeKorte Park Plaza NJ 07071 Location: Bergen Avenue Kearny Town, Hudson County Identifying 133571 Person interviewed and title: Mr. Thomas Martarano, Director, NJSEA CATHERINE R. MCCABE Comim'oner August 30, 2013' On July 03, 2018 a representative from the New Jersey Department of Environmental Protection (the ?Department? or conducted a compliance evaluation of your facility. This NOTICE is issued based on facts observed by or known to the Department?s representative issuing this NOTICE, to inform you that violation(s) of the Solid Waste Management Act, (N.J.S.A. et seq.) and the regulations promulgated thereunder (N.J.A.C. 7:26-1 et seq. andfor N.J.A.C. et seq.) and/or the Solid Waste Utility Control Act, N.J.S.A. e_t and the regulations promulgated thereunder (N.J.A.C. et seq.) has been found. DESCRIPTION OF Violations with citation(s) to the Speci?c Rules issued under the above Statutes. mum Pursuant to N.J.A.C. 7:26- the facility is authorized to accept the following waste types: ID13 - Bulky waste (except for automobiles, trucks, trailers, large vehicle parts, drums, and appliances), - Construction and demolition waste, 11323 - Vegetative waste, and - Dry industrial waste as per N.J.A.C. 7:26- Description of Noncomnliance: A truck dumping a liquid sewage sludge material was observed being dumped at the working face of the land?ll. The inspectors interviewed the driver of the truck and the driver explained that the load is from North Bergen MUA. Keegan Land?ll has been classifying this material as ID-27 according to Tom Marturano, NJSEA. The Bureau of Solid Waste Permitting and the Bureau of Pretreatment and Residuals were consulted on this matter and it was determined that the liquid sewage sludge material from North Bergen MUA is not and Keegan-Land?ll must immediately stop accepting this material ?'orn' any treatment plant. New Jersey Sports and Exposition Authority (NJSEA) - 133571 Page 2 of 4 Reguiremgnt: Pursuant to N.J.A.C. 7:26- the owner/operator shall operate the facility in compliance with the requirements of NJ .A.C. 7:26? Description of Noncomoliance: Areas of litter were observed on the land?ll, the litter was primarily on the side-slopes. Litter control issues were identi?ed during the previous inspections on 2-14-18 and 4-12-18 and 5-4-18 as well. Requirement: Pursuant to N.J.A.C. 7:26? solid waste shall be covered at the close of each operating day with daily cover consisting of six inches of compacted clean soil and/or a mixture of ZIMPRO sludge and clean soil. sludge shall only be mixed in a 1:1 ratio with clean soil material for use as cover. Any alternative cover material and/or Processed Dredge Material from off-site shall not be accepted for use of daily/intermediated cover withOut prior approval from the Division of Solid Hazardous Waste. In accordance with N.J.A.C. the owner may be exempted ?orn the application of daily cover soil if uncovered solid waste is inert and will not create an environmental or public health nuisance or safety hazard. 7:26? Description of Noncompliance: Exposed solid waste was observed at the top of the land?ll in areas other than the working face. The exposed solid waste may be contributing to the ongoing litter issues. PURPOSE OF THIS NOTICE - This is intended to serve as a NOTICE to you, to warn you of the above violations, in order to: 1) provide you with an opportunity to voluntarily investigate the matter and, take corrective action to address the identi?ed violation(s) and; 2) identify these violations, and time periods, pursuant to the Grace Period Law, N.J.S.A. _e_t where your voluntary action can prevent formal enforcement orders and penalties issued by the Department (see violations marked with ?an asterisk above This NOTICE does not constitute a formal enforcement order, a ?nal agency action or a fmal legal detennination that a violation has occurred. Therefore, this NOTICE may not be appealed or contested. Neither the issuance of this NOTICE nor any corrective actions taken by you to address the violation(s) cited, precludes the State of New Jersey or any of its agencies ?cm initiating future enforcement action (including issuance of a formal enforcement order and the assessment of penalties) with respect to the violations listed above or for any other violations. In the event the Department determines to pursue future formal enforcement action, you will then be provided with an opportunity to appeal or contest such action. RESPONDING TO THIS NOTICE Voluntary corrective actions taken' in response to this NOTICE can affect the Department?s determination on the need for or severity of any potential future enforcement action in this matter. In accordance with the Grace Period Law, the Department will not assess a penalty against you for the violations marked with an asterisk above, if you take voluntary action to address and correct these violations at the time of issuance, or within the time periods indicated in this NOTICE. For violations identi?ed in this NOTICE that are not subject to the Grace Period Law, the Department may consider any voluntary actions you take in response to this NOTICE as part of its determination l) on whether to initiate ?rture?formal enforcement action for this site/matter and, 2) on the amount of any penalty that may be assessed in ?iture New Jersey Sports and Exposition Authority (NJ SEA) PEA180001- 133571 Page 3 of 4 enforcement actions. Please see items checked below regarding actions you may voluntarily undertake to address violations identi?ed in this NOTICE: CORRECTIVE -The below Corrective Action(s) outline the timeframes pursuant to the Grace Period Law during which you may voluntarily take action to come into compliance. Depending on the nature of violations cited in this NOTICE, corrective action or compliance assistance recommendations for violations that are not subject to the Grace Period Law may also be listed below: 1. Immediately cease to accept liquid sewage sludge material ?om any treatment plant. 7:26- 1(b)9] 2. Immediately irnplement the facility?s litter control plan on all areas of the land?ll and more speci?cally, effectively control litter on the land?ll's slide slopes. 7:26? 2.86)] 3. Immediately cover all solid waste at the end of each operating day in accordance with Condition #53 of Keegan Land?ll's Certi?cate of Authority to Operate 7:26? COMPLIANCE RESPONSE FORM - Submission of a Compliance Response Form (attached) is voluntary. Completed forms should be sent to the Department contact indicated at the bottom of this NOTICE. If received within days of receipt it will preserve your protection from penalty under Grace Period Law. If received within 30 days of receipt, it will be considered in potential future Department action regarding the violations. - IF YOU HAVE QUESTIONS REGARDING THIS NOTICE, the actions recommended, or if you would like to describe actions taken to address the identi?ed violations, please contact the Department representative issuing this NOTICE: - Issued by: Andrea Zasoski Date: August 30, 2018 Signature: Sign Name NJ MEADOWLANDS COMM - 133571 Page 4 of 4 NOTICE OF VIOLATION COMPLIANCE RESPONSE FORM For NOTICE issued to New Jersey Sports and Exposition Authority (NJSEA) (tn-August 30, 2018 Describe any corrective actions taken to achieve compliance. List the dates by which actions were completed: . certify that I am authorized to represent and serve as signatory on behalf of the person -'lo whom this NOV is issued. I also certify under penalty of law that the information provided in this document is true. accurate. and complete. I am aware that there are signi?cant civil and criminal penalties. including fines or imprisonment or both, for submitting false, inaccurate, or Incomplete information." Sig nature: Date: Print: Title and Relationship to Named Party: Telephone: -- - - - - Complete Items Print your name and address on the revarae Agent so that we can return the card to you. 1 . ?dream 5 I Attach 1.113 card in the back of the mallplece. 9. Received by {9an 9 or on the front It space . 1 f5. '1 1. ArucreAudreaaed tot D. Is dalweryacrdresa Item 17 El 1' 'Tde?very El i - Mr. Thomas Marturano, Director New Jersey Sports and Exposition Authority (NJSEA) Solid Waste and Natural Rosanna; orre DeKoi'te ?Park'maza 3 NJ 07071 . . 9519190991 - 133571 En .9 9553199199999 3? 9590 9.402 2099 9132 4999 07 m?wm an 9.2. Article Numbarmamfar?umaarvlaataae? Mailman 091w Hat-rated Dem-v 5??le tall Elalmatura Continuation 1 cl 793:5 9939 9999 9999 9959 . ?mommy ReammI-?relvw .1 9399 Form $911,913: 2915 99117931192909.9059 causation'mnneoerpt warm. Nth? JERSEY soon?; \1 than nurHUF?? We Bring the World to New Jersey JSXDUS September 1 3 201 8 Andrea Zasoski Division of Waste Enforcement, Pesticides Release Prevention EC Bureau of Solid Waste Compliance Enforcement New Jersey Department of Environmental Protection PO. Box 420, Mail Code 09-03 SEP 1 7 2013 Trenton, NJ 08625-0420 - - BUREAU OF some RE. July 3, 2013 Inspection ofKeegan Land?ll COMPLIANCE EA PEA 130001433571 ENFORCEMENT Dear Ms. Zasoski, I am in receipt of the Notice of Violation issued by the Department on August 20, 2018. I will respond to the alleged issues in the same order as they appear in your letter. Your letter claims that you observed a truck dumping liquid sewage sludge at the land?ll. This is neither true nor supported by the facts- liquid sewage sludge is typically 5% solids and 95% water. What you observed was almost the exact opposite. It was at least 90% solids and less than 10% water. Liquid sewage sludge cannot be transported in an open roll-off container because the liquid would spill out as the truck moved. Finally, the odor associated with true liquid sewage sludge is quite pronounced which was not the case in this instance. This particular load of grit and screenings included a large number of snails and grit ?orn some of the chambers in the plant. The vibration of the material as the truck moved caused some water to settle in the bottom of the container because it has a screen at the bottom of the container. This is exactly the same as vibrating concrete. We have never accepted liquid sewage sludge at our facility and to suggest otherwise is simply wrong. It should be noted that the North Bergen MUA has voluntarily decided to dispose of the snail loads at another facility. We continue to accept their waste without incident since it is dry. Your letter also alleges that there was litter on the site that needs to be controlled. To properly discuss this issue I think it is important to know the following: 1. As you can tell from the waste type reports, approximately 90% of the waste being land?lled is Type 13 or 13C. The remaining 10% is Type 27 waste, which consists primarily of contaminated soils, grits and screenings. The point is that 90% of the waste is inert by definition and the remaining 10% does not contain any material that could blow away as litter. The main source of litter is the rigid insulation and plastic being discharged from the walking ?oor trailers. Portions of the Type 13 waste are being One DeKorte Park Plaza P.O. Box 640 New Jersey 07071 dumped from a height of 12 feet off the ground. It does not take much wind to move this material 150 feet. 2. In the Spring of 201 8 we had 4 major storms with high sustained winds. Dumping 1500 tons per day with high winds has the potential to create a lot of windblown debris. 3. Waste Management has always employed an aggressive litter control strategy, and will continue to do so. 4. As you know, the site was designed with a very tall, very expensive litter control fence as suggested in the regulations. Our main concern was to ensure the litter did not reach the swalcs or enter the adjacent waters. Waste Management, in combination with the fence, has always met this goal. Finally, this litter is non-putrescible inert material, there are no environmental issues relative to this litter. 5. One small section of the land?ll faces the public and Bergen Avenue. Waste Management pays particular attention to this slope for aesthetic, not environmental, reasons. We have never received a complaint from the public or the Town regarding this issue. It should also be noted that Hudson County Regional Health routinely inspects the site and has never raised the issue of litter because it is inert and neither an environmental nor a health issue. 6. Eventually Waste Management controls most of the litter by picking it or covering it as we got up to the next level. That is why you will notice the piles of clean dirt staged at the top of the outside slope. They ultimately get spread downward to cover any debris; it is then seeded. In summary, a small fraction of the waste is blown away during the unloading process. However, the material is inert and cannot leave the site. Waste Management is constantly picking litter, but it will always be a daily maintenance issue. As noted previously, the perimeter litter fence ensures that litter does not become an environmental issue. We have always considered the Department?s regulations to be performance-based, and hope they would continue to be viewed . this way. Lastly, you note that there is exposed solid waste observed on top of the land?ll. In the pictures you forwarded to me to describe this condition, one was of a demo haul road and the second showed broken concrete with less than 10% wood. These conditions are not prohibited by permit. As noted earlier in this response, almost all of the solid waste entering the land?ll is by de?nition inert. This land?ll does not accept putrescible waste. As such there are virtually no vectors of any kind at the site. None of these wastes create an environmental public health nuisance or safety hazard. Therefore, observing exposed solid waste at the top of the land?ll is not a violation. What you also observed and is shoWn explicitly in the pictures is that we do place signi?cant amounts of cover on a daily basis. We do this for two main reasons. First, to control any light materials that could blow away overnight; and second, to provide a small buffer between the: waste and the tires of our vehicles. You will never observe any litter originating from these exposed areas. One DeKorte Park Plaza P.0. Box 640 New Jersey 07071 Waste Management will continue to operate the site in full conformance with the regulations and the permit. We welcome you back to the site at any time. I hope this satis?es your concerns; feel free to contact me or Waste Management if you have any questions. Very truly yours, Tom Marturano, RE, PP. Director, Solid Waste Natural Resources cc Gina Lugo, NJDEP Walt Ingram, Waste Management One DeKorte Park Plaza P.O. Box 640 New Jersey 07071