BY COLLEEN LUTOLF & JOHN DUNPHY
Staff Writers
Several investigations are under way to determine how contaminated fill was brought to two of developer Jack Morris’ development projects in Brick Township.
Both are owned by Morris, principal of Edgewood Properties, a Piscataway development corporation.
The majority of crushed concrete tainted with PCBs (polychlorinated biphenyl) – 400 cubic yards – was used at the 30-acre Parkway-70 Plaza shopping center across from the Lowe’s Home Improvement Warehouse on Route 70, said township Environmental Engineer David Backman, of Birdsall Engineering.
The fill was transported from the Ford Motor Co. site in Edison, which was closed in 2004, to the shopping center site, Backman said.
About 30 cubic yards was delivered to the Laurelton Mobile Home Park and used to fill in potholes, he said.
Lisa Jackson, the newly appointed commissioner of the state Department of Environmental Protection, last week ordered Ford Motor Co. and contractors who purchased the fill, including Edgewood Properties, to immediately remove concrete tainted with PCBs from seven redevelopment sites in Middlesex, Mercer and Ocean counties.
“In no uncertain terms, we are holding Ford Motor Co. and its contractors fully accountable for illegally distributing and using PCB-contaminated concrete at these sites,” she said. “Not only will all potentially hazardous material be removed, we intend to make sure they follow the strictest environmental controls during those cleanups.”
The sites include the Laurelton Mobile Home Park and the Parkway-70 Plaza site, both in Brick Township in Ocean County; the Tingley Rubber Co. site in South Plainfield; the Applegarth site in Monroe Township; the Fulton Square site in New Brunswick; and the American Standard site in Hamilton Township and a West Windsor site, both in Mercer County.
Ford and Edgewood Properties are required to submit a plan within seven days for complete removal and proper disposal of all contaminated concrete transported to the development sites, and remove all concrete material from each site within 30 days after the DEP approves each cleanup plan.
But officials say the fill may stay on the land if the DEP allows it to be capped.
“It’s going to be a judgment call,” Jon Holt, a Ford Motor Co. spokesman, said. “We’re working with local officials. It depends on what we find. The agreement is that the property owner will remove it.”
A purchase slip provided by Edgewood Properties indicates the concrete was obtained from the Ford site at no cost by Michigan-based MIG-Alberici, and then sold to Edgewood. The slip indicates payment, which is zero, to be made to MIG-Alberici, which was involved in the demolition of the Ford plant in 2004.
MIG-Alberici planned to reuse the concrete from the site for roads and other fill projects on the Ford property, according to the DEP.
The DEP also said that in November 2004, MIG-Alberici obtained approval from the DEP to use the concrete after it was tested for contamination, specifically PCBs, and determined the material to not have detectable levels at that time.
Edgewood Properties, owned by developer Jack Morris, issued a statement that said the company had brought crushed concrete from the site to the Tingley Rubber site. The company was not aware that material was contaminated above residential and commercial levels, the statement said.
“In fact, Ford advised Edgewood both verbally and in writing that the material was usable in residential construction and met NJDEP’s unrestricted use criteria,” the Edgewood statement reads. “After the material was brought to the site, Edgewood discovered that the material contains PCBs and other contaminants. We immediately notified NJDEP and Ford Motor Company and have taken all appropriate measures.”
Holt said Ford had to rely on the contractor to use the concrete fill and apply it properly, indicating protocol had been established for the testing of concrete to determine what was suitable for certain uses.
“The protocol was discussed with everyone,” Holt said.
The material had been separated into three piles, the first being “nondetect,” or nonrestricted, which contained below .49 parts per million of PCBs. That pile could be used in residential development, according to DEP standards, he said.
A second pile, Holt said, tested between .49 and 2 parts per million, which is allowed for nonresidential use and is usually used as road fill, which must be capped.
The third pile, tested at over 2 parts per million of PCBs, must be taken to a landfill off-site that accepts PCB materials, Holt said.
He said Edgewood Properties brought in their own contractor to crush up the concrete to be removed.
“They crushed everything there,” Holt said. “They went through testing and the test results came back before they used the material. They were there crushing test piles. They knew it had to go through the testing procedure. We followed these parameters – it’s up to the contractor to make sure the material is used in the proper places.”
Though the materials in question exceed certain unrestricted use limits, DEP spokesman Fred Mumford said the tainted crushed concrete is not hazardous waste.
“It’s industrial waste with low levels of contamination,” he said. “There are no immediate health concerns with the material. However, the standards indicate prolonged exposure could cause future health concerns.”
Representatives from the DEP, Ford, Edgewood Properties and Backman toured both sites Monday, Backman said.
About 370 cubic yards of fill was used to create a construction road through the site. Another 30 cubic yards was used to create a construction ramp on the site, Backman said.
The ramp is the only fill that is above grade, he said.
Edgewood Properties construction workers had covered the ramp with a fanned cap, Backman said.
“It’s sand excavated from the site,” he said.
The DEP directed Edgewood to put a plastic tarp over the fanned cap, he said. Edgewood workers complied.
The fill used at the mobile home park was used throughout the site, Backman said.
“At Laurelton, chances are it will have to be removed,” he said.
A small pile of fill, about two truckloads, is left on the site, Backman said.
Samples will be taken throughout the site to locate where the fill was used.
“There is one soil pile still there,” he said. “It looks like 75 percent of it is still stockpiled.”
The fill used for the construction road through the Route 70 shopping center may just be paved over, Backman said.
“They’ll do a series of tests to find out exactly where the material is located,” Backman said. “Possibly they might leave it in place.”
A deed restriction with engineering controls may be issued for the site.
“If they ever were going to do any work out there, you’d go back to the deed restriction,” he said.
Whether this remediation plan is approved is up to the DEP, Backman said.
“Ford has seven days to come up with a plan,” he said.
Once the DEP approves the plan, “that 30-day clock starts,” he said.
But the DEP has no time constraint regarding how long it takes to review the closure plan.
“Since it’s a hot-button issue, it shouldn’t take more than a week or two,” he said.
Holt estimated that about 93,000 of the 750,000 cubic yards of the material is still on the Edison site.
“They knew the material had to be tested before it was used,” Holt said. “It was clear to them when they got the fill what it was. The mistake may have been made when they left the site.”