State of fifefu Sere

PHILIP D. MURPHY DEPARTMENT OF ENVIRONMENTAL PROTECTION CATHERINE R. McCABE

Governor CENTRAL BUREAU OF WATER COMPLIANCE & ENFORCEMENT Commissioner
MAIL CODE 44-03/P.O. BOX 420
SHEILA Y. OLIVER 401 EAST STATE STREET
Lt. Governor TRENTON, NJ 08625-0420
TEL: (609) 292-3010 FAX: (609) 292-6450

CERTIFIED MAILIRRR December 18, 2018

7016 3030 0001 1439 5144

Anthony Russomanno, Director of Public Works

Edison Township
100 Municipal Boulevard
Edison, New Jersey 08817

RE: AONOCAPA, Activity ID # PEA180001

Edison Township Sanitary Collection System
PI ID#96151
Edison Township / Middlesex County

Dear Mr. Russomanno:

Enclosed for service upon you is an Administrative Order and Notice of Civil Administrative
Penalty Assessment (AONOCAPA) issued by the Department. Contained within the enclosed
document is a notice and instructions for requesting an Administrative Hearing. Failure to
request a hearing within 20 days as per the instructions will result in loss of your right to a
hearing.

If you have any questions concerning the enclosed AONOCAPA you may contact Anthony
Rotondo, of my staff, at (609)439-9524 or by letter at the above address.

Sincerely,

A. Raimund Belonzi, Chief

Central Bureau of
Water Compliance & Enforcement

Enclosure
 State of Pletu 3erseg
DEPARTMENT OF ENVIRONMENTAL PROTECTION
PHILIP D. MURPHY CENTRAL BUREAU OF WATER COMPLIANCE & ENFORCEMENT CATHERINE R. MCCABE
Governor Mail Code 44-03/P.O. BOX 420 Commissioner
401 EAST STATE STREET
Trenton, NJ 08625-0420
SHEILA Y. OLIVER Tel: (609) 292-3010 Fax: (609) 292-6450
Lt. Governor

CERTIFIED MAIL/RRR

IN THE MATTER OF ADMINISTRATIVE ORDER

Edison Township AND
100 Municipal Blvd NOTICE OF CIVIL ADMINISTRATIVE
Edison, NJ 08817-3302 PENALTY ASSESSMENT

EA ID # PEA180001 - 96151

This Administrative Order and Notice of Civil Administrative Penalty Assessment (hereinafter
"AONOCAPA") is issued pursuant to the authority vested in the Commissioner of the New Jersey
Department of Environmental Protection (hereinafter "NJDEP" or the "Department") by N.J.S.A.
13:1D-1 et seq., and the New Jersey Water Pollution Control Act (hereinafter the "Act"), N.J.S.A.
58:10A-1 et seq. and the New Jersey Pollutant Discharge Elimination System regulations, N.J.A.C.
7:14A-1 et seq. and duly delegated to the Assistant Commissioner of Compliance and Enforcement
and her assignees pursuant to N.J.S.A.13:1B-4.

FINDINGS

1. Edison Township owns and/or operates a public wastewater collections system (hereinafter,
"Edison") in Edison Township, Middlesex County, New Jersey.

2. From January 1, 2013 through July 12, 2018, Edison Township contacted the Department's
Hotline greater than 30 times to report unpermitted discharges of raw sewage from its system due
to blockages, pump station malfunctions, and main breaks.

3. On February 6, 2017 Edison contacted the DEP Hotline, case # 17-02-06-1224-27, to report
"a sewage overflow caused by suspected broken force main" at the Evergreen Pump Station,
Evergreen Road, Edison Township.

4. An investigation by DEP personnel revealed that the station was being bypassed, reportedly
for greater than six months, and the discharge was from a malfunction of the bypass piping. An
estimated 0.4 million gallons of sewage was discharged to the South Branch of the
Edison Twp.
PEA180001 - 96151
Page 2 of 8

Rahway River until repairs were effectuated.

5. A Notice of Violation ("NOV") was issued to Edison on February 6, 2017 for the
unpermitted discharge of raw sewage to the surface/ground waters of the State from the
Evergreen Pump Station.

6. Edison again contacted the DEP Hotline, case # 17-02-06-2316-18, regarding the above to
report "repairs complete. System back to normal at 2300."

7. On February 12, 2018 Edison contacted the DEP Hotline, case # 18-02-12-1552-26, to report
"24 force sewer main which is leaking. Fluids have reached storm drain" at the location of 1
Runyons Lane, Edison Township.

8. An investigation by DEP personnel on February 13, 2018 revealed that raw sewage was
entering a storm drain in the vicinity of 1 Runyons Lane which lead to a tributary to Bound
Brook and ultimately discharged into the Raritan River. Furthermore, no bypass pumping was taking
place at the site of the break and approximately 0.1 million gallons per day of sewage was discharged
to the surface/ground waters of the State.

9. An NOV was issued to Edison on February 13, 2018 for the unpermitted discharge of raw
sewage to the surface/ground waters of the State in the vicinity of 1 Runyons Lane.

10. Over the course of the next two weeks while a bypass of the area was being constructed, two
portable pumps were removing sewage from the site of the break and discharging to the
South Plainfield Sanitary Collection system and to a gravity line on Talmadge Road. 4000-gallon
tanker trucks were also deployed at the break site and various locations to remove sewage
and transport it downstream of the break.

11. Despite these actions, the amount being discharged to the surface/ground waters of the State
did not appear to diminish.

12. On February 22, 2018 Edison contacted the DEP Hotline, case # 18-02-22-0119-33, to report
that the bypass was put into service and the discharge to the aforementioned storm drain
ceased. It is estimated that greater than I million gallons of sewage was discharged to the
surface/ground waters of the State.

13. On May 10, 2018 Edison contacted the DEP Hotline, case # 18-05-10-1150-06, to report
"force main break entering storm drain in area of 180 Talmadge Road which enters
unknown stream that goes into Raritan River."

14. An NOV was issued to Edison on May 10, 2018 for the unpermitted discharge of sewage
from a force main break in Talmadge Road to the surface/ground waters of the State.

15. On May 10, 2018 Edison contacted the DEP Hotline, case # 18-05-14-1225-55, to report
"force main back on line" and the discharge noted in item 13 above terminated on May 11,
Edison Twp.
PEA180001 - 96151
Page 3 of 8

2018 at 1300 hours.

16. By letter dated May 16, 2018 from Mott Macdonald on Edison's behalf, approximately 1.0
million gallons of sewage was discharged to the surface waters of the State as a result of the
break described in item 13 above.

17. On July 11, 2018 Edison contacted the DEP Hotline, case # 18-07-11-1419-12, to report
"trunk line is ruptured leaking raw sewage" in the vicinity of 9 Brook Side Road.

18. An investigation by DEP personnel on July 11, 2018 revealed that an approximately less
than 5 gallons per minute discharge of raw sewage was entering a tributary to Mill Brook in a
wooded area behind 9 Brook Side Road. It could not be estimated how long the discharge had been
ongoing, nor the amount discharged. No record of Edison's inspection for this area was available
and no apparent easement maintenance had taken place in some time as evidenced by the vegetation
covering the easement. Edison personnel stated that the last time they were in the area was when a
repair was made "about 15 years ago."

19. Edison contacted this writer on July 12, 2018 at 1626 hours to report that repairs were made
and the discharge ceased to the Mill Brook.

20. No person shall discharge any pollutant except in conformity with a valid NJPDES Permit
issued pursuant to the New Jersey Water Pollution Control Act, N.J.S.A. 58:10A-6.

21."Discharge" is defined at N.J.S.A. 58:10A-3e to include an intentional or unintentional

action or omission resulting in the releasing of a pollutant into the waters of the State or
onto land from which it might flow or drain into said waters.

22. As defined by N.J.A.C. 7:14A-1.9, the definition of "pollutant" includes sewage.

23. At the time of the discharges noted above, Edison did not possess a NJPDES permit
authorizing the discharge of sewage to the surface/ground waters of the State.

24. Pursuant to N.J.A.C. 7:10A-1.12(a)2.i, the system must be properly operated and maintained
through the development of a preventive maintenance plan.

25. No effective preventative maintenance plan to ensure the proper operation and maintenance
of the system was extant during the timeframe specified in the finding(s) above.

26. Pursuant to N.J.A.C. 7:10A-1.12(a)2 ii, routine inspections and preventive maintenance
tasks must be scheduled which will be undertaken to preserve the physical integrity of the
system.

27. Inadequate routine inspections and preventive maintenance tasks were undertaken to
preserve the physical integrity of the system during the timeframe specified in the findings
above.
Edison Twp.
PEA180001 - 96151
Page 4 of 8

28. Based on the facts set forth in these FINDINGS, the Department has determined that Edison
has violated the Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq., and the regulations
promulgated pursuant thereto, specifically N.J.A.C. 7:14A- 2.1(d).

ORDER

NOW, THEREFORE, IT IS HEREBY ORDERED THAT:

29. Edison shall comply with the following:

A. Cease unpermitted discharges.

B. Submit a report, within 60 days of receipt of this Order, outlining what remedial measures
will be taken to assess the condition of, and repair/replace, mains throughout the township
with an emphasis on those areas where repeated discharges have occurred over the past 5
years such as Talmadge Road.
C. Develop an effective preventative maintenance plan to ensure the proper operation and
maintenance of the system within 60 calendar days of receipt of this Order.
D. Begin to perform adequate routine inspections and preventive maintenance tasks to
preserve the physical integrity of the system within 30 calendar days of receipt of this
Order.

F. Submit monthly reports, documenting activities performed pursuant to this section, to

the Central Bureau of Water Compliance and Enforcement at:

A. Raimund Belonzi, Chief

Water Compliance & Enforcement
Central Regional Office
Mail Code 44-03
PO Box 420
Trenton, NJ 08625-0420

30. This Order shall be effective upon receipt by Edison or someone on the violator's behalf
authorized to accept service.

NOTICE OF CIVIL ADMINISTRATIVE PENALTY ASSESSMENT

AND
NOTICE OF RIGHT TO A HEARING

31. Pursuant to N.J.S.A. 58:10A-10.d and N.J.A.C. 7:14-8.1 et seq., and based upon the above
FINDINGS, the Department has determined that a civil administrative penalty is hereby
assessed against Edison in the amount of 860,000.00. The Department's rationale for the civil
administrative penalty is set forth in the attachment, and incorporated herein.
Edison Twp.
PEA180001 - 96151
Page 5 of 8

32. Pursuant to N.J.S.A. 58:10A-10.d and N.J.A.C. 7:14-8.13, the Department may amend the
civil administrative penalty amount for any economic benefit which a violator has realized
as a result of not complying with, or by delaying compliance with, the requirements of this
Act.

33. Pursuant to N.J.S.A.58:10A-10d(2) and N.J.A.C. 7:14-8.4 et seq., Ed son is entitled to request a
hearing. Edison shall, in its request for a hearing, complete and submit the herein
ADMINISTRATIVE HEARING REQUEST AND CHECKLIST TRACKING FORM along
with all required information. Submittal or granting of a hearing request does not stay the terms
or effect of this ORDER.

34. If no request for a hearing is received within twenty (20) calendar days from receipt of this
AONOCAPA, it shall become a Final Order upon the twenty-first (21st) calendar day following
its receipt, and the penalty shall be due and payable.

35. If a timely request for a hearing is received, payment of the penalty is due when Edison receives
a notice of the denial of the request, or, if the hearing request is granted, when Edison withdraws
the request or abandons the hearing, or, if the hearing is conducted, when Edison receives a final
decision from the Commissioner in this matter.

36. Payment shall be made by check payable to Treasurer, State of New Jersey and shall be
submitted along with the enclosed Enforcement Invoice to:

Department of Treasury
Division of Revenue
P.O. Box 417
Trenton, NJ 08646-0417

GENERAL PROVISIONS

37. This AONOCAPA is binding on Edison heir principals, directors, officers, agents, successors,
assigns, employees, tenants, any trustee in bankruptcy or other trustee, and any receiver
appointed pursuant to a proceeding in law or equity.

38. No obligations imposed by this AONOCAPA are intended to constitute a debt which should be
limited or discharged in a bankruptcy proceeding. All obligations are imposed pursuant to the
police powers of the State of New Jersey, intended to protect the public health, safety, welfare
and the environment.

39. This AONOCAPA is issued only for the violations identified in the FINDINGS hereinabove
and that violations of any statutes, rules or permits other than those herein cited may be cause for
additional enforcement actions, either administrative or judicial, being instituted. By issuing this
AONOCAPA, NJDEP does not waive its rights to initiate additional enforcement actions.
Edison Twp.
PEA180001 - 96151
Page 6 of 8

40. Neither the issuance of this AONOCAPA nor anything contained herein shall relieve Edison of
the obligation to comply with all applicable laws, including but not limited to the statutes and
regulations cited herein.

41. Pursuant to N.J.S.A. 58:10A-10.d, NJDEP is authorized to assess a civil administrative penalty
of not more than $50,000 for each violation, and each day during which the violation continues
shall constitute an additional, separate and distinct offense.

42. Pursuant to N.J.S.A. 58:10A-10.e, any person who violates the provisions of N.J.S.A. 58:10A-
1 et seq., or any code, rule, or regulation promulgated pursuant thereto shall be liable to a penalty
of not more than $50,000 per day to be collected in a civil action, and any person who violates an
administrative order issued pursuant to N.J.S.A. 58:10A-10.b, including this Administrative
Order, or a court order issued pursuant to N.J.S.A. 58:10A-10.c, or who fails to pay a civil
administrative penalty assessed pursuant to N.J.S.A. 58:10A-10.d in full after it is due is subject
upon order of a court to a civil penalty not to exceed $50,000 per day of such violations. Each
day during which the violation continues constitutes an additional, separate and distinct offense.

43. Pursuant to N.J.S.A. 58:10A-101, any person who purposely, knowingly, or recklessly violates
this act, and the violation causes a significant adverse environmental effect, shall, upon
conviction, be guilty of a crime of the second degree, and shall, notwithstanding the provisions
of subsection a. of N.J.S.2C:43-3, be subject to a fine of not less than $25,000 nor more than
$250,000 per day of violation, or by imprisonment, or by both.

DATE:
DEC 1 8 2018

A. Raimund Belonzi, Chief

Central Bureau of
Water Compliance & Enforcement
Edison Twp.
PEA180001 - 96151
Page 7 of 8

Administrative Hearing Request Checklist

and Tracking Form

I. Document Being Appealed: EA ID # PEA180001 - 96151

Date Document Issued

II. Person Requesting Hearing (Each Respondent named in the Enforcement Document, who
wants to Contest the Enforcement Document must individually file a hearing request):

Name/Company Name of Attorney (if applicable)

Address Address

Telephone ft Telephone #

III. Please Include the Following Information As Part of Your Request:

A. The date the alleged violator received the Enforcement Document.
B. A copy of the Enforcement Document and a list of all issues being appealed.
C. An admission or denial of each of the findings of fact, or a statement of insufficient knowledge;
D. The defenses to each of the findings of fact in the enforcement document;
E. Information supporting the request;
F. An estimate of the time required for the hearing;
G. A request, if necessary, for a barrier-free hearing location for physically disabled persons;
H. A clear indication of any willingness to negotiate a settlement with the Department prior to the
Department's processing of your hearing request to the Office of Administrative Law; and
I. This form, completed, signed and dated with all of the information listed above, including
attachment, to:

1. New Jersey Department of Environmental Protection

Office of Legal Affairs
Attention: Adjudicatory Hearing Requests
401 E. State Street, P.O. Box 402
Trenton, New Jersey 08625

2. A. Raimund Belonzi, Chief

Central Bureau of
Water Compliance & Enforcement
Mail Code 44-03
PO Box 420
Trenton, NJ 08625

3. All co-permittees (w/attachments)

IV. Signature: Date:

Edison Twp.
PEA180001 - 96151
Page 8 of 8

IV. Signature: Date:

APPENDIX A

Penalty Rationale

As described in the findings above, Edison Township violated the Water Pollution Control Act,
N.J.S.A. 58:10A-1 et seq., and the regulations promulgated pursuant thereto, N.J.A.C. 7:14A-1 et
seq.

CIVIL ADMINISTRATIVE PENALTY DETERMINATION

The Department may assess penalties for each individual violation and/or for each day an entity
discharges a pollutant without a valid permit. The Department has exercised its enforcement
discretion and assessed a penalty against Edison Township for discharging without a permit on
four (4) days, February 6, 2017, February 12, 2018, May 10, 2018, and July 11, 2018.

In accordance with N.J.A.C. 7:14-8.5(e), the Department may assess a civil administrative
penalty against'Edison Township on the basis of the seriousness of the violation and the conduct
of the violator at the mid-point of the range stated in N.J.A.C. 7:14-8.5(f).

Pursuant to N.J.A.C. 7:14-8.5(g)2, the Department has assessed the seriousness of the violations
as Moderate since unpermitted discharges of a pollutant to the surface waters of the State
substantially deviate from N.J.A.C. 7:14A- 2.1(d).

Pursuant to N.J.A.C. 7:14-8.5(h)2, the Department has assessed the conduct as Moderate since
the unpermitted discharges were unintentional but foreseeable given previous discharges from
the system, lack of preventative maintenance, and absence of easement inspections/maintenance.

Violation Dates Conduct Seriousness Penalty Assessed

February 6, 2017 Moderate X Moderate $15,000.00

February 12, 2018 Moderate X Moderate $15,000.00

May 10, 2018 Moderate X Moderate $15,000.00

July 11, 2018 Moderate X Moderate $15,000.00

TOTAL PENALTY ASSESSED = $60,000.00

 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION INVOICE NO.
182291770
NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION
COMPLIANCE AND ENFORCEMENT
Program Interest Type of Notice Amount Due
EDISON TOWNSHIP SANITARY COLLECTION SYST ORIGINAL (NON-INITIAL ) 60,000.00
100 MUNICIPAL BLVD

Edison Imo) NJ. 08817

Billing Date Due Date NJEMS Bill ID
96151 12/14/18 01/13/19 000000191907800

Summary
Total Amount Assessed 60,000.00
Amount Received Before Creating Installment Plan (if installment plans is allowed) 0.00
Amount Transferred To Installment Plan 0.00
Installment Amount 0.00
Total Amount Credited 0.00
Total Amount Debited (Other Than Amounts Assessed) 0.00
Total Amount Due 60,000.00

REMINDER:
YOU CAN PAY THIS BILL ONLINE WITH A CREDIT CARD OR E-CHECK.
GO TO HTTP://WWW.NJ.GOV/DEP/ONLINE AND CLICK PAY A PAPER INVOICE.
THE SYSTEM WILL ASK FOR THE INVOICE NUMBER THAT IS FOUND AT THE TOP-RIGHT CORNER OF THIS BILL.
THERE IS NO FEE FOR PAYING VIA E-CHECK; FOR CREDIT CARD USE,1.97. OF THE TOTAL + Si IS CHARGED.
TO PAY BILL BY MAIL SEND A CHECK PAYABLE TO TREASURER-STATE OF NEW JERSEY.
WRITE INVOICE NUMBER AND PROGRAM INTEREST NUMBER ON CHECK.
RETURN CHECK WITH BOTTOM PORTION OF THIS INVOICE TO THE NJ DEPARTMENT OF TREASURY.
IF YOU HAVE QUESTIONS SEE BACK OF INVOICE FOR CONTACT INFORMATION.

See Back 01 Page tor Billing Inquiries

INVOICE NO.
182291770 D9901F (R 3/14102)

NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION INVOICE NO.

NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION 182291770

COMPLIANCE AND ENFORCEMENT NJEMS Bill ID

000000191907800
Program Interest ID Type of Notice Billing Date Due Date Amount Due
96151 ORIGINAL (NON-INITIAL ) 12/14/18 01/13/19 $ 60,000.00
For name and/or address Enter the Amount
change, check box and write DO NOT FOLD, BEND OR MARK of your payment —
corrections on the back of this
Invoice.
E RETURN THIS PORTION with your check made payable to:

TREASURER -STATE OF NEW JERSEY

111.1.1,1.1,11111.1“11.11.11 I 111.11.1”1,1 and mail to:
EDISON TWP DPW NJ DEPARTMENT OF TREASURY
95 DIVISION OF REVENUE
100 MUNICIPAL BLVD PO BOX 417
Edison NJ 08817-3302 TRENTON, NJ 08646-0417

EP1010101010101010101009060105011111110060000000002901822917709957