of T"~'lqr
4-

N,7 .n

~ ~xl~ `,
rn
~ i'i(j
v
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of
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r ~~~;
y
S

U

State of New Jersey
PHILIP D. MURPHY
Governor

OFFICE OF THE ATTORNEY GENERAL

CxURBIR S. GREWAL

DEPARTMENT OF LAW AND PUBLIC SAFETY

Attorney General

DIVISION OF LAW
SHEILA Y.

LIVER

Lt. Gouerr~o~~

25 MARKET STREET

MICHELLE L. MILLER

PO Box 093
TRErrTON, NJ 08625-0093

Director

April 8, 2019
Via facsimile (973-656-3921)and Regular Mail
Hon. Maritza Berdote Byrne, P.J. Ch.
Morris County Superior Court
Washington & Court Streets
PO Box 910
Morristown, NJ 07963
Re:

NJDEP v. Joseph Wallace and Laura Wallace
Docket No.: SSX-C-7-19

Dear Judge Berdote Byrne:
Please accept this letter that provides an update regarding
the sampling and mapping conducted at the [nTallace property as well
as the status of compliance to date. Further, based on sampling
and mapping results, NJDEP also renews its request for the relief
as stated in the Order to Show Cause, as modified below.

Pursuant to the March 1, 2019 Consent Order, on March 14,
2019, NJDEP inspectors entered Mr. Wallace's property and took
samples from eight locations. (Certification of David Ongaro, ¶
7.) The samples were taken from the varied locations on the Wallace
property along the slope of the pile of material varying in heights
from six to fifteen feet above the ground below and varying in
depths into the slope from six inches to three and a half feet.
Id. ¶~ 8-10. These samples show contaminants exceeding the NJDEP's
residential soil standards, including PAHs, PCBs, and pesticides.

HUGHES cJUSTICE COMPLEX ~ TELEPHONE:(609 633-8713

•Fes:(609) 341-5031

New Jersey Is Art Equal Opportunity Employer • Printed on Recycled Paper ar~d Recyclable

 April 5, 2019
Page 2

Sample
Number

Compound Name

Analytical
group

Result(ppm)

DA002(DL2)

SemiVoc

210

DA002(DL2)
DA004(DL2)

Bis(2-ethlhexyl)
phthalate
Benzo (a) pyrene
Benzo (a) anthracene

Residential
Standard
~Ppm)
35

SemiVoc
SemiVoc

1.9
5.8

0.5
5.0

DA004(DL2)
DA004(DL2)
DA005
DA005
DA007
DA007(DL)

Benzo (a) pyrene
Dibenzo(a,h)anthracene
Benzo (a) pyrene
Aroclor-1254
Benzo (a) pyrene
Chlordane

SemiVoc
SemiVoc
SemiVoc
PCB
SemiVoc
Pesticides

4.6
0.92
0.51
0.320
0.62
1.34

0.5
0.5
0.5
0.2
0.5
0.2

(Certification

of

John

Dotterweich,

Exhibit

A1.)

Due

to

these

exceedances, these materials are considered solid waste and Mr.
Wallace

is

operating

an

unlicensed

solid

waste

facility

in

violation of N. J.A.C. 7:26-2.8(f).

1 Full and complete test results are available at request and have been provided
to counsel.

 April $, 2019

Page 3
These findings alleviate any concern that there is a missing
nexus between the source of the contaminated material and the
Wallace

property

clearly

and

convincingly.

Equality v. Dow, 216 N.J. 314 (2013)

See

Garden

State

Therefore, NJDEP respectfully

renews its request for relief as stated in its Order to Show Cause,

as modified below. NJDEP continues to seek to prevent and prohibit
any additional material of any kind from being brought onto the
Wallace property.

NJDEP is renewing its request to have Defendants submit a
schedule

of

characterization

for

material,

the

which

shall

complete characterization of the material within 60 days and shall

include an estimated cost of removal. This characterization is for
the purpose of determining what material meets the definition of
solid

waste as defined at N.J.A.C.

7:26-1.6. Thereafter, NJDEP

requests complete and proper removal and disposal of all material
that meets the definition of solid waste from the Wallace property
within 120 days from the date characterization is completed. NJDEP
requests that, within 60 days of entering an order, Mr. Wallace
shall place sufficient funds into escrow or an attorney trust
account to guarantee adequate funds for removal of the solid waste
on-site.

During the March 14, 2019 inspection, NJDEP also noted that

the

pile

of

material

is

approximately

2.44

acres

in

area.

(Certification of David Sumba, ¶ 6.) Because the disturbance is
greater than one acre, Mr. Wallace must apply for and obtain a 5G3
stormwater permit in accordance with N.J.A.C. 7:14A-24.2. Thus,
the pile of material on the Wallace property is in violation of
the New Jersey Pollutant Discharge Elimination System regulations
and

the

Water

Pollution

Control

Act.

N.J.A.C.

7:14A;

N.J.S.A.

 April 8, 2019
Page 4
58:10A-1 to -73. Accordingly, NJDEP issued a Notice of Violation
on or about March 21, 2019. Id. Ex. B. One of the elements of a
5G3 stormwater permit is the submission of a soil erosion and
sediment control plan.

In addition, the pile is encroaching on neighboring parcels
not owned by Mr. and Mrs. Wallace. Id. Ex. A. Due to the clear
violation of the WPCA and its implementing regulations and the
encroachment on neighboring properties, NJDEP requests the Court
to immediately order the submission and implementation of a soil
erosion and sediment control plan for this site and application
for a 5G3 stormwater permit.

Mr.
Consent

Wallace

agreed in paragraph 2e

Order,

to

provide

NJDEP

with

of

the
full

March 1, 2019
and

complete

documentation setting forth the source and nature of the material
brought onto the site within 30 days of the order. More than 30
days have passed and, to date, Mr. Wallace has failed to submit
any documentation to NJDEP or its counsel. The State therefore
asks the Court to order Mr. Wallace to immediately submit a full
and complete documentation setting forth the source and nature of
the material brought onto site.

Due to these findings and the failure to timely comply with
the Court's Order to provide documentation, NJDEP requests the
Court to accelerate the hearing schedule on the Order to Show Cause
currently returnable on May 30, 2019, as there is no need for
further fact f finding.

Respectfully Submitted,

 April 8, 2019
Page 5
GURBIR S. GREWAL
ATTORNEY GENERAL OF NEW JERSEY

By:
tthew D.
oblauch
Deputy Attorney General

Cc: Jeffrey M. Patti, Esq. (via fax 973-729-4367)

 GURBIR S. GREWAL
ATTORNEY GENERAL OF NEW JERSEY
R.J. Hughes Justice Complex
25 Market Street

P.O. Box 093
Trenton, New Jersey 08625
Attorney for State of New Jersey,
Department of Environmental Protection
B y: Matthew D. Knoblauch
Deputy Attorney General
Attorney ID: 201692016
(609) 633-8713

SUPERIOR COURT OF NEW JERSEY
STATE OF NEW JERSEY,
DEPARTMENT OF ENVIRONMENTAL
PROTECTION,
CERTIFICATION OF
DAVID ONGARO

Plaintiff,
v.
JOSEPH WALLACE and LAURA
WALLACE,

Defendants.

I, David Ongaro, of full age hereby certify as follows:
1.
Waste

I am an environmental specialist with the Bureau of Solid

Compliance

and

Enforcement

in

the

Division

of

Waste

Enforcement, Pesticides, and Release Prevention for the New Jersey
of

Department
Department")
knowledge

in

I

Environmental
submit

this

support of the

Protection

("DEP"

certification

based

Department's

filings

on

or

"the

my personal

regarding

the

Order to Show Cause against Joseph Wallace ("Wallace") and Laura
1

 Wallace currently returnable on May 30, 2019, who reside at Block
130,

1.05,

Lot

Spruce

3 Silver

Drive,

Township, Sussex

Vernon

County, New Jersey ("Wallace Property").
I

2.

graduated

from

Kean

University

a

with

Bachelor

of

Sciences in Biotechnology in 2012. I am presently pursuing an MBA
in Environmental Sustainability from Wilmington University.
I

3.

am

employed

presently

by

DEP

an

as

Environmental

Specialist. I have been employed in this capacity since 2013. My
present

job

determine

duties

compliance

include
with

the

engaging
State's

in

site

solid

inspections

waste

and

to

related

statutes and regulations, and when appropriate, taking enforcement
actions, such as issuing notices of violation and administrative
orders.
4.

Part

of

my

responsibilities

during

solid

waste

inspections are to collect samples for laboratory analysis. I have
received formal training in the procedures of collecting samples
on at least four occasions dating back to 2013 as well as regular
informal training provided by the Department. .
5.
of

the

On January 31, 2019, I, along with other representatives
Department,

sampled .material

that

I

determined

had

originated on the Wallace property. Although the material itself
was on 1 Silver Spruce Drive, its location was immediately adjacent
to the Wallace Property and it was of the same color, composition,
and consistency of the large volume of material on the Wallace
2

 Property.

That

sample

produced

levels

of

polycyclic

aromatic

hydrocarbons and lead that exceeded residential standards.
On March 14, 2019, after being permitted to enter the

6.
Wallace

Property

pursuant

to

the

March

1,

2019

Consent

Order

(Exhibit A), I along with other DEP inspectors, including John
Dotterweich, returned to the Wallace Property to conduct further
sampling.
7.

There, we took samples at eight different locations from

the material along the edge of the large pile of material on the
side of the Wallace Property that faces 1 Silver Spruce Drive.
(See

Certification

of

David

Sumba,

Exhibit

A.)

~~Te

decided

on

sampling at eight different locations due to the large volume of
material on the property.
8.

We entered the area near the border between the Wallace

Property and the adjacent lot, 1 Silver Spruce Drive, because there
is an access road. From there, we entered the Wallace Property and
climbed up the pile of material. I placed eight flags corresponding
to each of the eight sample locations.
9.

All of the samples were taken along the slope of the

material at a height varying from six to fifteen feet from the
ground below. All of the samples came from the pile of material.
10.

All of the equipment that we utilized was designated and

sterilized to prevent any cross contamination. Seven of the eight
samples were taken with augers and one was taken with a scoop. The
3

 scoop

was

used

due

to

the

difficulty

of

into

penetrating

the

material in one location. Generally, the material was difficult to
penetrate

as

it

was

filled

with

stone,

other

and

brick,

obstructions. The augers penetrated approximately 11~ to 31~ feet
into the side of the material and the scoop penetrated up to six
inches.
11.

We collected three sample jars from each location. The

jars were thenbagged, taped, wrapped, and sent to a certified
laboratory in taped coolers with ice. Throughout this process, we
maintained appropriate chain of custody procedures.
12.

The coolers were received by TestAmerica with the chain

of custody seals intact. The Department requested that the samples
be

analyzed

for

target

compound

list

semi-volatile

organics,

pesticides, and PCBs.
13.

Laboratory results

received from TestAmerica

revealed

concentrations of semi-volatile organics, such as Benzo[a]pyrene
and

Benzo[a]anthracene,

a

pesticide,

chlordane,

and

a

PCB,

Aroclor-1254, above residential standards as set forth in N.J.A.C.
7:26D. (Certification of John Dotterweich, Exhibit A.)
14.

Because of the exceedances of the residential standards,

the fill pile contains materials that are considered to be solid
waste. Accordingly, because solid waste is imported and stored on
the Wallace Property, it is an unlicensed solid waste facility in
violation of N.J.A.C. 7:26-2.8(f).
4

 CERTIFICATION
statements made by me are true. I
foregoing
I certify that the
further certify that any exhibits attached hereto are true and
correct copies of records in the possession of the New Jersey
Department of Environmental Protection or its counsel. I further
certify that if any of the foregoing statements made by me are
willfully false, I am subject to punishment.

David Ongaro
Environmental Specialist

Date:

April 5, 2019

5

 EXHIBIT A

,x `~" ,~ ~

~ r~

;
'

~~ ~~~
1i

"a

.
t

GURBIR S. GREWAL
ATTORNEY GENERAL OF NEW JERSEY
R.J. Hughes Justice Complex
25 Market Street
P.O. Box 093
Trenton, New Jersey 08625

.~
~' ~

M~R 01 20~~

(V~ar}tzaget~t~teByme,P.J.Ch.

Attorney for Plaintiff State of New Jersey
Department of Environmental Protection
By:

~
~,
~, ~.,,:,.

Kevin J. Fleming (026932009)
Matthew D. Knoblauch (201692016)
Deputy Attorneys General
( b09) 633-8713
SUPERIOR COURT OF NEW JERSEY
CHANCERY DIVISION - SUSSEX COUNTY
C,.- ~ -DOCKET NO . ,~S }(

STATE OF NEW JERSEY, DEPARTMENT
~F ENVIRONMENTAL PROTECTION,

Civil Action

Plaintiff,
Order to Show Caus

v.
JOSEPH WALLACE, and LAURA
WALLACE,
Defendants.

THIS

MATTER

being

brought

before

the

Court

by

Gurbir

S.

the Plaintiff,
Grewal~, Attorney General of New Jersey, attorney for
tion (the
State of New Jersey, Department of Environmental Protec
~~Department"

or

"NJDEP"),

(Kevin

J.

Fleming

and

Matthew

D.

g relief by
Knoblauch, Deputy Attorneys General, appearing), seekin
the
way of summary action pursuant to R. 4:67-1(a), based upon
and the
facts "set forth in the verified complaint filed herewith;
ced by order
Court having determined that this matter may be commen

 too show cat.~se ~s a summary proc~c-ding pursu~~t zo the Solid Waste
1~an~.gemeriL pct. ("SWMA"} , N. J.S .A. ~3: 1r~-9 {d} , and for good cause
shown:
_, 2419, ORDERED that

,~ ~

IT TS an :his _~_ day of ~~

trie D~ cndants, Joseph ~r~al .ace ar~d Laura Wallace, a~~pear and shoe

a t.

the

Morris

or

County

as

soon

2019 before the Sl_iperi~r Court

,,~,

day o~

cause on the

in

Courthouse

thereafter

as

Morristown,

counsel

can

New

be

Jersey

heard,

at

why

judgment should not be enter~~' for the Plaintiff by way of:
1. Ar~i

Order

finding

that

Defendants

Wal1_ace ar'e in vio_I_ati_on of the S~ti7I~lA,

Joseph

i~l~llace

and

Laura

~~. ~~. S .A. 13: IE-7_ et stq- ,

a nd the regulations promu_.tgated ~~ursuant thereto, specifically
rT. J. A.C .

7 : 2 F-2. 8 { f),

by

operating

a

solid

waste

fuct_lity

without a permit and specifically N. J.S.A. 13:1D-9d., by failure
to a~_low access to inspect tree Wallace Property; ar~d that
2. An

O.r~er

f~.nding

that

Defendants

Joseph

ti~l~tillace

ar_d

Laura.

U?a~lace shal_1:

~=:.

Imrnzdi_ate7 y case receiving any and all fill material

ar~d/or sol.z_d waste onto the property at Flock 130, Lot 1.05,
also known as 3 Silver Spruce Drive, Verr~on, New Jersey (tne
„site");
~,~` ~,~j-'~!i-'~lL~~t~i,.,~

b . Immediatel_y provide access by NJDEP and/or inc~ividL~a_1s on
behalf of the Department to delineate the area of disturbance
and extent. o.f_

the fill material broaght onto the site, to

perform arty sarnp~i_inc{ of the material or1 site, and/or per~orrn

 any other inspections of the property as the Department deems
necessary to determine compliance with the SWMA, the Water
Pollution

Control Act,

and the

~~

and Planning Act;

Highlands Water Protection

~~~~..~1
~ -. ~,E
.fir

c.

~ ithin thir

f this or ~~r, cha

days

mate ' al. to dete. mine i .. it meets
defined a

waste
estimate

Withi

d
di
~~

(~

ninety

ose (in accordanc

all

is orde ~,

ys of

ill mater.' 1 which

with a

~licable

eets th

an

nd pro~r' de NJDE
;

of remo~,• 1 of the s Iid was

or the cos

solid

ie defiz ' tion o

7:26-1.6

N. J.A. C,

remo~~

and

y

ope
a

ew Je •ey law

definiti

1

cterize ~ ~ ll f

e

id wa

Y of s

on the site;

e. Within ,days of this order, provide NJDEP w~_th full and
complete documentation setting forth the source and nature
of the material brought onto the site since 2009, including
b.u~t not limited to all analytical results, receipts, bi11.s
cation of all transporting haulers;
f la ing, and i{~entifi
~.
~1l~L...~-~
. Withl
e crow or

'

45 days of th's order.

vast

ufficien

fund
d by

n attorn .y tru 't accou t, to be identif

Cou t, to g arantee

,~

place

fu nds

dequa

in o
is

or rem_ al of t' e sol ~l

on-site

3. An order granting such other relief as the Court deems just and
proper .
And it is further ORDERED that:
.~S

1

A copy of

w Cause, Veri 'ed Complain

his Order to S

_11 su *porting a:Cfida~ ' is or certific
3

'ons submitted

~

and

suppor

 rvec~ upon thj Defendants, Jo ~~ph Wal1L ce

of,, this applica pion be
and

onal service,

aura Wallace, by pe

means r• lowed by the Rules

ertified mail

f Court, within

~r other

days befo ~ the

4:4-~ and R. 4:4-4, c:_ is
return da e hereof, in accordance with R.
being origin

.~

~

_ process .

its proof of service
2. The Plaintiff must file with the court
three (3) days before
of the pleadings on Defendants, no later than
the return date.
ce shall file and
3. Defendants Joseph Wal7_ace and Laura Walla
Show Cause and the relief
serve a written answer to this Order to
proof of service of the
requested in the Verified Complaint and
2019.

same by

The answer must be filed with

y listed above and a
the Clerk of the Superior Court in the count
tly to the chambers of Judge
copy of the papers must be sent direc

--

~~~''

written reply to the
4. The Plaintiff must file and serve any
Defendants'

to

order

2019.

show

cause

opposition

by

The reply papers must be filed with

the county listed above and a
the Clerk of the Superior Court in
copy of the reply paper

mint be sent directly to the chambers of

Wallace do not file
5. If Defendants Joseph Wallace and Laura
Show Cause, the application
and serve opposition to this Order to
n date and relief may be
will be decided on the papers on the retur
4

 ~~rar~ted by default, ~rovic~ed `hat the Plaint.itf fi1~.~ a proof of
serv~_c.e and a proposed form of order ate least tr-~r~ee days ~r~_or to
the return date.
6. Tf 'the Plaintiff has not already cone so, a proposed form of
order addressine~ the r~liet sought nn the return da~.e (along caith
the

return

s~-~1L-addressed

envelope

with

return

ancY

adc~re~s

)
pos t~~ge) mus t~ be submitted to the tour ~ no later than three (3
:.days before the return date.
7. Defendants Joseph Wallace and. Lauri Wallace must take notice
in
ghat the Plaintiff has filed a Verified Complaint against you
d
the Superior Court of New Jersey. The Verified Complaint attache
Tf
to this Order to Show Cause 5fates the basis of the lawsuit.
a
you dispute this Complaint, you, or your a~?~orneys, must Zile
the
written ~~swer and proof of service before the return date of
Order to Shoca Cause.
r
8. These documents must be filed with the Clerk of the Superio
t.n~

Court in
provided.

county

Include

listed

tree

above.

a~propra_ate

~~Treasurer, State of Mew

A

list of these

filing

fee

offices is

payable

to

the

Jersey ." You mi_ist also s~nc~. a ropy of

yot.zr. answer to the Plaintiff' ~>

atzorr}.eys whose name- and address

}you.
appear above. A telephone call will not protect your rights;
be
must file and serve your answer (with the fee) o.r judgment may
~nter_ed against you by default.
9. IL

yo~~

cannot

afford an

attorne~~,
S

you

may

ca.l_1_

the

Legal

 Servyces oLLice in the county in w rich you live. A 1. ~..st of. ~l.zc.:h an
o:Efice is provide=.ci. I:f you do not have a.n attorney and ar_e not
to
e~.i_gible for free 1Pa~.l assist~nc~, you ma.y obt,air~ a re~erral
an ~~.~o.r.r:.e~ by calling one of the Lawyer_ Refe.r_.r.al S~rv~ces. ~~ list
o f.. these numbers is also ~ro~r~_ded.
1.0.

The

Court

will

er7t~ert~~.~..n

<;r.al

argument,

bt~t:

riot

t.~st:Z~.mony, on the ~~eturn da.e o~ the C)lder to S'riow Caus?, unless
tre court and all parties ire advised to the contrary no later
than L __

days k~ef~~e th.e return dame .

6

 GUR.B I R S. GREWAL
I~TTORNEY GENERAL OF NETnI JERSEY
R.J. Hughes Justice Complex

25 Market Street
P.O. Box 093
Trenton, New Jersey 08625
Attorney for State of New Jersey,

Department of Environmental Protection
By: Matthew D. Knoblauch
Deputy Attarne~ General

Attorney ID: 21692016
{609) 633-8713

SUPERIOR COURT OF NEW JERSEY
STATE OF NEW JERSEY,
DEPARTMENT OF EN~1'IRONMENTAL
PR~TECTI~IV,
CERTIFI~ATIDN OF
JOHN D(~TTERWEICH

Plaintiff,
v.
JOSEPH WALLACE and ~.,AUR~1
WALLACE,

Defendants.
. .

I, John Dotterweieh, of full .age hereb~r certify as follows
1.

I am an Environmental. S'eientist in the Division of Was~.e

Enforcement, Pesticides and Release Prevention for the New Jersey
Department

of

Environmental

Protection

("DEP"

or

"the

Department"). I submit this certification based an my personal
knowledge in support of the Department's filings regarding the
Qrder

to Show

Cause

against

~7oseph

Wallace

and Laura

Wallace

currentl~r returnable on May 30, 2Q19, who reside at Block 13Q, Lot
1

 1.05, 3 Silver Spruce Driver, Vernon Township, Sussex bounty, dew
Jersey ("Wallace Property").
T am presently the Sampling Coordinator fc~r the Sampling

2.
and

Quality

Assurance

Program

fc~r

several

bureaus

within

the

Division of GJaste Enforcement, Pesticides and Release Prevention.
In this role, I prepare and review sampling plans and supervise
DEP inspectors during the ct~urse of sampling. These duties involve
a

set

diverse

responsibilities,

of

health

environmental

and

safety

including

compliance,

ensuring

determining

~~ie

appropriate chemical analyses to perform, establishing the proper
laboratory pra~acals

to

adhere

ta i

evaluating

and

and

guiding

proper field sampling techniques.
The Solid Wa"ste Management Act ("SW~A") N.J.S.A. 13.1E-

3.

1 to -48 is the State's premiere solid waste-relayed ~ta~tute. In
enacting

the

legislation,

this

Legislature

found

"that

the

collection, disposal and utilization. of solid wash is a mater of
grave

concern

tc~

all

citizens

and

is

an

actiuity

tharoughl~r

affec~ec~ with the public inter~~t" and "t-hat the management of
solid

waste

in

New

Jersey

consists

larger

of

piecemeal,

uncoordinated activities`
] to the detriment of the public health
and

welfare.

activities

of

N.J.S. .
solid

13:1E-2a.

waste

Because

fc~C1.~.1t.1G'S~

of

the

the

uncoordinated

SWMA's

regulations

provide that "[n]o person shall begin construction or operation of
a

solid

waste

facility

without

abtain.ing

a

SWF

[solid

waste
2

 facility] Permit" subject to certain exceptions. N.J.A.C. 7:262.8 (f~ .
4.

Due

to a suspicion

that the

Wallace

Property was an.

illegal solid waste facility pursuant to N.J.A.C. 7:26-2.8(f}, I
assisted with the collection of samples of material from the area
adjacent to the ~Iallace Property an January 3l, 2019 and with
collection of samples of material from the Wallace Property on
March 14, 2019.
5.

During the course of the sampling on March 14, 2019, I

ensured that Environmental Specialist David Qngaro and all other
DEP inspectors complied with all appropriate sampling and chain of
custody procedures.
6.

I and David angaro created a sampling plan that strived

to get a diverse sampling of the material on the Wallace Property,
tQ ensure that we were nod getting results from the exact same
location. We varied our sample locations by distance, elevation,
and depth to further this purpose.
7.

AI.l

DEP

personnel

utilized

designated

equipment

for

taking samples and there was no risk of cross contamination.
8.

David

Ongaro

and

other

DEP

personnel

utilized

appropriate sampling equipment and procedures by taking samples
using augers and scoops, gathering the sample into jars, sealing
and taping the jars, wrapping them with bubble wrap, and securing
them in sealed coolers with ice. Thereafter, we

used.. chain of
3

 custody

seals,

which

TestAmerica,

the

certified

laboratory,

received unopened and unaltered.
9.

The

TestAmerica

results

laboratory

showed

that

concentrations of semi-volatile organics, such as Benza[a]pyrene
and

Benzo[a]anthracene,

a

pesticide,

chlordane,

and

a

PCB,

Aroclor-1254, above residential standards as set fflrth in N.J.A. .
7:26D. The complete laboratory -results are hundreds of pages long,
but I reviewed them and prepared a summary of all exceedances
present in the samples. (Exhibit A.}

CERTIFICATION
I certify that the foregoing statements made by me are true. I
further certify that any exhibits attached hereto are true and
correct copies of records in the possession of the New Jersey
Department. of Environmental Protection ar its counsel. I further
certify that if any of the foregoing statements made by me are
willfully false, I am subject to punishment..

Y

f

~

~~~

'

.John Dotterweich
Environmental Scientis~~3
Date.

~/ ~`~ ~`''f ~

 EXHIBIT A

Summary of Analyte Suites with Concentrations over Standards
Samples Collected 3/4/19 of Fill Imported by Joseph Wallace, Silver Spruce Drive, Vernon Twp. Sussex County

BS p
BS

BS

BS p

BS

BS

0.51

BS

BS

BS

BS

BS

BS

BS

BS

0.62

BS

DA 7
18-24

BS

BS

BS

BS

DA 8
12-18

DA 6
0-6

NRDCSRS
(ppm)
BS
1.9 4
BS
0.92~p

BS

BS

DA 5
18-24

RDCSRS(ppm)
17
BS

BS
BS

0.32

DA 4
36-42

ANALYTES
5
2
BS
BS p
BS

BS

DA 3
30-36

Benzo(a)anthracene
0.5
140
BS
BS
BS

DA 2
30-36

Benzo(a)pyrene
35
2
BS
BS

DA 1
18-24

Bis(2-ethylhexyl)phthalate
0.5
1
BS

Sample Identification
Distance Into Sidewall(inches)

Dibenzo(a,h)anthracene
0.2
1

BC

BC

BC

22.7

20.0

BC

BS

BC

BS

5.8 o

Analytical Results(ppm)

Chlorodane
0.2

BC

BS

Total PCBs
A criterial of 20 ppm has been
established by policy to trigger
valency determination needed as
20 ppm hexavalent chromium
would exceed criteria in a nonresidentialsetting. Residential
setting criteria is less stringent due
Total Chromium
NS
NS
to expectation of less dusts.
KEY
Exceeds Residential Direct Contact Soii Remediation Standard (RDCSRS)

BS =Below The Most Strignent of the Departmen's Direct Contact Soil Remediation Standards

Exceeds Concentration That Triggers Chromium Speciation Analyses to determine how much of the chromium is hexavalent vs. trivalent.

NS = No promulgated RDCSRS or NRDCSRS standard exists

BC =Below Criteria

E =Initial concentration exceeded the upper level of the calibration range of the instrument thus requiring sample dilution to confirm results shown.
1 =estimated value
D =Analytical results presented for samples undergoing a secondary dilution to avoid damage to instrument resulting in higher minimum level of detection.

ppm =parts per million

1=Chromium criteria based on Department policy and not a promulgated standard. Exceedance of criteria triggers valency determination requirement.

 GURBIR S. GREWAL
ATTORNEY GENERAL OF NEr~ JERSEY
R.J. Hughes Justice Complex
25 Market Street
P.O. Box 093
Trenton, New Jersey 0825
Attorney for State of New Jersey,
Department of Environmental Protection
B y: Matthew D. Knoblauch
Deputy Attorney General
Attorney ID: 201692016
(609) 633-8713

SUPERIOR COURT OF NEW JERSEY
STATE OF NEW JERSEY,
DEPARTMENT OF ENVIRONMENTAL
PROTECTION,
Plaintiff,

CERTIFICATION OF
DAVID SUMBA

v.
JOSEPH WALLACE and LAURA
WALLAGE,
Defendants.

I, David Sumba, of -full age hereby certify as follows:
1.

I

am

an

environmental specialist

with

the

Bureau of

Coastal and Land Use Compliance and Enforcement within the Division
of Water and Land Use Enforcement for the New Jersey Department of
Environmental Protection

(`~DEP" or "the

Department"7 . I submit

this certification based on my personal knowledge in support of
the Department's filings regarding the Order to Show Cause against
Joseph Wallace ("Wallace") and Laura Wallace currently returnable
1

 on May 30, 2019, who reside at Block 130, Lot 1.05, 3 Silver Spruce
Drive,

Township,

Vernon

Sussex

County,

New

Jersey

("Wallace

Property").
2.
a

I graduated from the Pennsylvania State University with

Bachelor

in

Sciences

of

Physical/Environmental

Geography

in

2003.
3.

I

presently

am

employed

by

DEP

as

an

Environmental

Specialist. I have been employed in this capacity since 2003. My
present

job

duties

include

engaging

in

site

inspections

to

determine compliance with the State's coastal and land use statutes
and regulations, and when appropriate, taking enforcement actions,
such as issuing notices of violation and administrative orders.
4.
are

to

Part of my responsibilities during land use inspections
collect

Global

Positioning

Systems

(GPS)

data.

I

have

received formal training in the procedures for collecting GPS data
and I hold a certificate for, GPS Mapping and GIS Data Collection
from Rutgers University, dated June 2005.
5.
of the

On March 14, 2019, I, along with other representatives
Department, conducted a

site inspection of the

Wallace

property with respect to compliance with the DEP's 5G3 stormwater
requirements.

Specifically, I procured GPS data of the limits of

disturbance at the site by utilizing hand-held rangefinders and
GPS units to plot a border and measure the entire footprint of the
pile. Thereafter, T created a map of the property and shows the
2

 extent o~ the pile of material and the location of the samples
taken by other NJDEP inspectors on March 14, 2019. (Exhibit A.)
The GPS data that I procured determined that 2.44 acres

6.

of land has been disturbed by filling and grading activities in
violation of the New Jersey Water Pollution Control Act (N.J.S.A.
58:10A-1

On

or

about

Violation for Mr.

New

the

and

(NJPDES)

System

Elimination
seq. }.

seq.)

et

March

regulations

21,

Pollutant

Jersey

2019,

(N.J.A.C.

NJDEP

issued

a

Discharge
7:14A-1

et

Notice

of

Wallace's failure to obtain a 5G3 permit and

related violations. (Exhibit B. 7

CERTIFICATIQN
I certify that the foregoing statements made by me are true. I
further certify that any exhibits attached hereto are true and
Jersey
the N
correct copies of records in the possess'on o
er
fur
c
unsel.
'ts
o
Protection
Department of Environmental
are
y
certify that if any of the foregoing ~ a emen s mad
t.
willfully false, I am subject to punish

D id Sumba
E vironmental Specialist 3
Date:

~

1

~~

3

 EXHIBITA

Wallace Site with 2015 Aerial Photograph - 3 Silver Spruce Drive, Block 130, Lot 1.05, Vernon Township, Sussex County, NJ
March 14, 2019 DEP Compliance &Enforcement Inspection

 EXHIBIT 

1

~~~x~.~ a~ ~.~~v ~~~~~~
DEPARTMENT'~:E~' ENVIRONMENTAL ~'Rf~T +G'I'ION
Northern Bureau of 1Nater Compliance and Enforcement
7 Ridgedale Ave. Ste. 202
Cedar KnQils, New Jersey Q7927-1112
Telephone (973 656-4(799 Fax {973} 656-~40Q

PHT.L MU~t.PHY
~nvernar
.SHEILA. C}~.1V:~~2
Lr. Cr»=ci•,ror

C.A'T'H~ERINE R. lV1cCAB:E
G:aurrrllsxr`vner

CERTIFIED ~VIAIL
RETURt~T RECIEPT REQUEST
7016 0910 40x0'4QQ5 8984
:4.590 94QZ 2095.6132:0~~'S 85
Joseph Wallace,;Property Owner
3 Sil~rer Spruce D~iv~
~Veirnan, New 3'ersey:~74:d2

Ma~~h 21,;2019

Dear.Mr: ~Yallace.:
Re:

I~Iotice o:f V~o~a~to~
V~arlace P~tip.~r~y
3 5ilvez Spruce ~u~p.
Pr~o~r:~m.:~xit~r~sfi.I~Io:.^ 79.1555
~ompl~anc~ Actv~ty~ I~tco.: PEA. ~9000I
Vernon. Township,Sussex County

of Violation(NOV)for violation ofthe.Ne~ Jersey jTiTater
Pl~as~,
. fi~rid enclose..a ~btice
Pollut~dn ~ontro~.~+ct {I~I.J ~.A:: 5$:IOA-1 et seq,) anti the I~Ie~ Jersey I'ollutant,DischaxgeElimination ~~ystem regulations(N.~:A.~. 7:i4A-1 et seq.} for the failure to submit a Requ~st'For
Authorization.(R.FA} ~'to fhe New.Jersey Department of E~vironniental Protection(Departi ent}
.for a new storr~.water discharge prior to the commencement of smell const~action activity arid,for
discharging stormwater from the small construction activity without a valid NJPDES permit..
Pl~a~e riofe th at you:.are ret~u red.to respond to the Department as indicated ~ the enclosed NO'V.
Should you have any questions coxicerning the enclosed NOV,please contact me at(973)6564099..
Very truly youxs,

Spenceir Dimock
Environmental Specialist l
I~]'orthern Bureau.of Wtiter
Compliance and Enforcement

dVe~r.lr~~sey~ it ~rtr h~r~:ru! ()~rFrnrlrrrtit~~ F,~rrl~lover + P~-irrtc~~l r~rr ftc~r;~~rlt~~i f~lr~c~r rriu~ Rnr_i cluble

 ~

~
~
a ~~

~~~~~ a~

PHILIP D. MURPHY
Governor
SI-IEILA Y. OLIVER

Lt. Go~er-f~o,-

M[ ~~?

0.

~

~?~r ~~~~.~~r

DEPARTMENT OF ENVIRONMENTAL PROTECTION
Water Com pliance &Enforcement

Northern Regional Office

CATHERINE R. McCABE

Commissio~aer

7 Ridgedale Avenue

Cedar Knolls, N3 07927
656-4099 Fax:(973) b56-440
(973)
ne:
Telepho

NOTICE OF VIOLATION
EA ID #: PEA190001 - 791555
Name of violator: Wallace, Joseph
3 Silver Spruce Drive, Vernon Township, Sussex County, New Jersey 07462
Location:
791555
Identifying #:
Person interviewed and title: Joseph Wallace, Property Owner
You are hexeby NOTIFIED that during a complia~lce evaluation investigation at the above
Iocation on March 14, 2019, the following violations of the New Jersey ~1Jater Pollution Control
Act (N.J.S.A. 58:10A-1 et seq.} and the New Jersey Pollutant Discharge Elimination System
(NJPDES)regulations (N.J.A.C. 7:14A-1 et seq.) were observed:
Subject: Unperrnitted Discharge
Requirement: Pursuant to I~I.J.A.C. 7:14A.-24.2 et seq., and N,J.A.C. 7:14A24.4(a)6, aRequest For Authorization {RFA) for a NJPDES Permit for a new
stoi-~nwater discharge associated witi~ small constriction activity must be
submitted to the New Jersey Department of Envirorunental Protection
(Department) and the NJPDES Permit obtained prior to the commencement of the
land disturbance that may result in that discharge.
Description of NoncompiiaY~ce: Failuze to submit an RFA to the Department for
a NJPDES Permit and obtain a NJPDES Permit for a new s~oz~mwater discharge
associated. with small construction activity, prior to the conunencement of the
land disturbance that nay result in that discharge.
A compliance evaluation investigation of the Wallace property at the above noted
location was conducted on March I4, 2019, with the Department's Bureaus of
Solid Waste Compliance & Enforcement and Land Use Compliance &
Enforcement. The purpose of the investigation was to collect soil samples of the
stockpile and to measure the size of the land distu~~bance on the property to
determine if the prope~~ty requires a NJPDES SG3 Construction Activity
Stoi7n~vater General Permit.

 Wallace, Joseph
PEA 194001 - 791555
Page 2 of 3

The area of land disturbance at the Wallace property noted ak~ove vas measured
using two hand-held Trimble GPS units, which use GPS points to plot a border.
A hand-held rangefinder was also used to deter~niile the area of land disturbance
of the tap of the pile of material located at the site (not the entire footprint of the
pile of material located at the site). The field measux-ements recorded during the
site visit with the rangefinder for the top of the pile of material located at the site
indicated the top of the pile limit of land disturbance was 300 feet by 165 feet,
which is equal ~0 49,500 square feet or 1.13 aches. The feld measurements
recorded dtuing the site visit with the GPS units for the entire foo#pri~it of the pile
of materiat located. at the.site indicated the limit of land disturbance was 106,062
square feet or 2.4~ acres.
An RFA submission to the Department and a NJPDES Permit is required for ax~y
stoimwater discharge associated ~vith small construction activity, which includes
any clearing, gt~ading, and excavating, that results in land disturbance of equal to
of greater than one acre and less than five acres. Based on the field measurements
noted above, a NJPDES Pez-~nit is required foz the stoi~llwater discharge
associated with small construction activity for the Wallace propez-~y at the location
noted above.

Requirement: Pursuant to N.J.A.C. 7:14A-2.1(d), it shall be unlawful fog• any
person to discharge any pollutant except in conformity with a valid NJPDES
Pe~~nit issued by the Department.
Description of Noncompliance: Discharging stoi~rnwater associated with small
construction activity without a valid NrPDES Pei-~nit issued by the Department.
See above Description of Noncolnplzance for the conditions which require a
person to request and obtain a NJPDES Permit foz the discharge of stoirnwater
associated with small construction activity.

You must take the following corrective actions:
1. Comply with the requirements: on the effective date o~ this docuFnent.

in writing to
Within eve (5} calendar days of receipt of this Notice of Violation, you shall submit
taken or
have
yoti
the individual issuing this notice, an explanation of the coi~ective measures
will take to achie~re compliance.
ent,
This Notice of Violation serves as notice that the NJDEP, ~7Vater Compliance and Enforcem
may
and
has determined that violations have occun•ed. It does not constitute final agency action
h does not
not be appealed or contested. The issuance of this Notice or compliance therewit
ative
administr
~onnal
initiating
ti-om
agencies
preclude the State of New Jersey or any of its

 V4~allace, Joseph
PEA 190001 - 791555
Page 3 of 3

to the
and/or judicial enforcement action (including assessment of penalties), with respect
formal
such
or
contest
appeal
may
You
violations listed above. or far any other violations.
$50,000 per
actions. Violations of the above zegulations are s~~bject to penaltiies of up to
day/offense.

Issued by:

Signature:

~ E.rt'~..~' ~ >v^~c....~
Tint Natne

,:...,~ c~
Sz n Naze

`

Date: