State of Net Jersey PHILIP D, MURPHY Department of Environmental Protection CATHERINE R. MeCABE Governor Division of Waste Enforcement, Pesticides, and Release Prevention Commissioner Bureau of UST Compliance and Enforcement ‘SHEILA Y. OLIVER Mail Code 09-03, 1 Gomme: P.0 Box 420 Trenton, NJ08625-0420 Tel, (609)-633-1205 Fax. (609}-292-3970 CERTIFIED MAIL/RRR 7019 2280 0000 6611 3329 July 1, 2020 Mr. Don Wilson BRICK TWP BD OF ED 101 Hendrickson Avenue Brick Town, NJ 08724 RE: ADMINISTRATIVE ORDER AND NOTICE OF CIVIL ADMINISTRATIVE PENALTY ASSESSMENT BRICK TWP TRANSPORTATION 346 CHAMBERS BRIDGE ROAD BRICK TOWN, NJ 08723 EA ID #: PEA200001 - 031101 Dear Mr. Wilson: Enclosed for service upon you is an Administrative Order and Notice of Civil Administrative Penalty Assessment issued by the Department pursuant to the provisions of the Underground Storage of Hazardous Substances Act, N.J.S.A. 58:10A-21 ef seq., the Air Pollution Control Act, NAS.A. 26:2C et seq. The Department may be available to meet informally with the principals of the case to discuss the enclosed enforcement action. Should such a meeting be requested and granted, be advised this does not affect the time frame within which you may request an administrative hearing under the NOTICE OF RIGHT TO A HEARING provision in the enclosed Notice of Civil Administrative Penalty Assessment. Should you have any questions concerning the enforcement action or wish to request an informal meeting, please contact Mr. Zachary Dorf of my staff at 609-789-329 | Sincerely, Mh. th pf fichael Hollis, Chie! Bureau of UST Compliance and Enforcement Enclosure Neo Jersey is an Egual OpportantyEmpyer. Printed on Recycled Paper and Recyclable,State of New Jersey Department of Environmental Protection foe eee es Division of Waste Enforcement, Pesticides, and Release Prevention CATHERINE R. MeCABE ae Bureau of UST Compliance and Enforcement Commissioner SHBILA Y. OLIVER Mall Code 08-03 Le Governar P.0 Box 420 Trenton, N/08625-0420 Tel (609)-633-1205 fax. (609}292-3970 IN THE MATTER OF BRICK TWP BD OF ED : ADMINISTRATIVE ORDER 101 Hendrickson Avenue : AND Brick Town, NJ 08724 + NOTICE OF CIVIL ADMINISTRATIVE PENALTY ASSESSMENT EA ID #PEA200001 - 031101 ‘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 the “Department”) by N.JS.A. 13:1D-1 et sseq., the New Jersey Underground Storage of Hazardous Substances Act, NIS.A. 58:10A-21 et seq. the Air Pollution Control Act, NIS.A, 26:2C et seq. and duly delegated to the Chief, Bureau of UST Compliance and Enforeement, pursuant to N.J.S.A.13:1B-4. FINDINGS 1, BRICK TWP BD OF ED owns and/or operates a municipal transportation fueling station located at 346 Chambers Bridge Rd, Brick Town, Ocean County, NJ. 2. BRICK TWP BD OF ED maintains on-site “underground storage tank (UST) systems” as defined by N.J.A.C. 7:14B-1.6, consisting of one (1) - 20,000 gallon unleaded gasoline; one (1) 15,000 gallon light diesel fuel USTs and associated appurtenances. (ID# 031101) 3. Pursuant to N.JLA.C. 7:14B-1.6, all grades of gasoline and diesel fuel are defined as "Motor Fuel" which are further defined as "Hazardous Substances”. 4. BRICK TWP BD OF ED also maintains a general air permit with issuance date of September 17, 2019, effective date of September 17, 2019 and expiration date of September 16, 2024. Air Permit ID# (78395). {New Jerseys an Equal Opporianity Employer. Printed on Recycled Paper and Recyclable,BRICK WIP TRANSPORTATION PEA20O001-051101, Page 2 5. As the result of a compliance evaluation conducted on September 24, 2019, and October 1, 2019 the Department has determined that BRICK TWP BD OF ED failed to comply with applicable requirements as follows: a, Requirement; Pursuant to N.I.A.C. 7:27-16.3(e), except as provided in (£) and (h) below, no person shall cause, suffer, allow, or permit the transfer of gasoline into any gasoline laden vehicular fuel tank, unless the following requirements are met: 1. The transfer is made using a vapor control system that is approved by NIDEP and: Reduces the total applicable VOC emissions into the outdoor atmosphere by no less than 95 percent of the concentration of applicable VOC by volume in the air-vapor mixture displaced during the transfer of gasoline; and Prevents overfilling and spillage 2. If the transfer is made at a gasoline dispensing facility, the vapor recovery system shall be: certified by CARB prior to July 25, 2001; certified by CARB on or after July 25, 2001; any replacement parts/equip,/components and any subsequent construction modifications are approved in an Exec. Order or approval letter issued 2y CARB on or after July 25, 2001; and Do not decrease the VOC emission control efficiency of the system; or A system equivalent for the purpose of VOC emission control to « CARB certified system and that is approved by the NJDEP and EPA; 3. At a gasoline dispensing facility which was constructed on or after June 29, 2003, and a construction permit was issued by the NJDEP after June 29, 2003, each dispensing device at a gasolize dispensing facility which dispenses more than one grade of gasoline shall utilize a unihose system for dispensing gasoline; and Each dispensing device at a gasoline dispensing facility shall meet the following requirements: Each nozzle shall have a check valve located in the nozzle; At a facility with a vacuum assist vapur conliul syste, each uvzzie shall Le cyuipped with a splash-guard that prevents spillage during refueling; and the nozzle together with its vapor boot fits into the housing in which it is hung on the dispensing device; and The nozzle's vapor check valve remains in the closed position when the nozzle is properly hung on the dispensing device. [NJ.AC. 7:27-16.3(6)] Description of Noncompliance: All Stage I related components were not functioning, inspectors observed a torn faceplate and tom hose on dispenser #2. b. Requirement; Pursuant to N.JLA.C. 7:27-16.3G)1, the owner or operator of a gasoline dispensing facility shall perform the tests in accordance with Table 3A . The owner or ‘operator shall demonstrate the facility’s vapor control system is performing properly. Each of the tests set forth in Table 3A that are applicable to the facility, shall be conducted in accordance with the schedule for testing given in the table. [N.I.A.C. 7:27-16.3G)1] Description of Noncompliance: Failed to have a current and passing dynamic backpressure test. No documentation was on site, and documentation has not been provided. & Requirement; Pursuant to N.J.A.C. 7:27-16.3@)1, the owner or operator of a gasoline dispensing facility shall perform the tests in accordance with Table 3A . The owner or operator shall demonstrate the facility's vapor control system is performing properly. Each of the tests set forth in Table 3 that are applicable to the facility, shall be conducted in accordance with the schedule for testing given in the table. [N.I.A.C. 7:27-16.36)1] Description of Noncompliance: Failed to have a current and passing pressure decay test. Contractor T Slack email dated September 30, 2019 states pressure decay test failed due to various leaks in the system. No documentation of repairs or retest has been provided. ‘New Jersey isan qual Opportunity Emplayer. Printed on Recycled Paper and Recycable.BRICK TWP TRANSPORTATION PEAG0OOOI-031101, Page #3 d, Requirement: Pursuant to N.J.A.C. 7:27-16.3())3, at least 14 days prior to performing any ‘ests, the owner or operator of the gasolice dispensing facility shall notify the Department. by e-mail to 14dayUSTnotice@dep.nj.gor and include the name, address, and registration number of the facility, name and contact information for the owner and operator, the name and contact information of the business conducting the testing, and the date on which the testing is scheduled to begin; [N.J.A.C. 7:27-16.3()3] Description of Noncompliance: Failed to submit a 14 day notification prior to vapor recovery testing. e. Requirement: Pursuant to N.J.A.C. 7:14B- 5.11(a), being tested at installation and at least once every three years by using vacuum, pressure, or liquid testing to ensure that the spill prevention equipment is liquid tight, in accordance with one of the following: (1) Requirements developed by the manufacturer, if any; (2) A code of practice developed by a nationally recognized association [N.J.A.C. 7:14B- 5.11(a)] Description of Noncompliance: T Slack containment tests documented all UDCs and STP sumps failed on October 10, 2018. Only dispenser #5 passed. Repairs have not been addressed. £ Requirement; Pursuant to N.J.A.C. 7:14B- 4.1(2)3ii, overfill prevention equipment that shall: (1) Automatically shut off flow into the tank when the tank is no more than 95 percent full; (2) Alert the transfer operator when the tank is no more than 90 percent full by restricting the flow into the tank or triggering a high-level alarm; or (3) Restrict flow 30 minutes prior to overfilling, alert the operator with a high level alarm one minute befure uverfilling, or automatically shut off flow into the tank so that none of the fittings located on top of the tank are exposed to product due to overfilling. [N.J.A.C. 7:14B- 4. 1a): Description of Noncompliance: Failure to provide overfill prevention for all tanks. High level alarm was not functioning upon inspection. Both tanks have mechanical overfill protection in the form of OPW shut off valves, however certification of these devices was not performed or provided until post inspection. g. Requirement: Pursuant to N.J.A.C. 7:14B- 5.10(a)lii, being tested at installation and at least once every three years by using vacuum, pressure, or liquid testing to ensure that the spill prevention equipment is liquid tight, in accordance with one of the following: (1) Requirements developed by the manufacturer, if any; (2) A code of practice developed by a nationally recognized association or independent testing laboratory, such as Petroleum Equipment Institute Recommended Practice RP1200, "Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection, and Secondary Containment Equipment at UST facilities" (available at www.pei.org); or (3) A method that the owner and operator demonstrate is no less protective of human health and the environment than the requirements of (a)1ii(1) and (2) above. [N.J.A.C. 7:14B- 5.10(a)lii] Description of Noncompliance: Failed to test the Spill Catchment Basins (Spill Buckets) at installation and/or at least once every three years. There was no testing documentation on site. The contractor, T Slack, tested both spill buckets with failing results on October 10. 2018. T Slack’s monthly compliance inspection from March 2019 states that the "spill buckets are in poor condition". The inspector observed retests performed by AH. Hoffman post inspection, with passing results. The original spill bucket tests failed due to improper testing method, not physically ailing spill buckets therefore no penalty will be assessed because the original spill buckets were functioning properly ew Jersey i Suet Opporbmity Emplyer. Prin on Reayled Paper and RecoWRICK TWH TRANSPORIATION ‘PEA200001-031101, Page #4 h. Requirement; Pursuant to N.J.A.C. 7:14B- 5.4(d)7, repaired spill or overfill prevention equipment shail be tested or inspected, as appropriate, within 30 calendar days following the date of the completion of the repai:, to ensure it is operating in accordance with NALA.C. 7:14B-5.10(a). [NJ.A.C. 7:14B- 5.4(d)7] Description of Noncompliance: Failed to test within 30 days of repair. T Slack failed spill buckets on October 10, 2018 and failures were not addressed until post inspection. i. Requirement: Pursuant to N.J.A.C. 7:14B- 5.9(a), no person or business firm shall introduce hazardous substances into an underground storage tank system which is known to be or suspected to be leaking or discha-ging hazardous substances except in accordance with NJLA.C. 7:14B-8,1(b)2i and ii, [N.J.A.C. 7:14B- 5.9(a)] Description of Noncompliance: A person or business firm introduced hazardous substances into an UST system which is known to be or suspected to be leaking or discharging hazardous substances. A delivery ban was imposed for no certified overfill protection and failing spill buckets. The ban was lifted when passing spill bucket tests were provided and the mechanical overfill prevention devices were certified on October 14, 2019, Requirement: Pursuant to N.J.A.C. 7:14B- 6.1(a), owners and operators of new and existing underground storage tank systems shall provide a method, or combination of methods, of release detection that: 1. Can detect a release from any portion of the tank and the connected underground piping thal routinely contains product; 2. 1s installed, calibrated, operated, and maintained in ccordance with the manufacturer's instructions, including routine maintenance and service checks for operability or running condition; and 3. Meets the performance requirements in N.IA.C. 7:14B-6.5 or 6.6, with any performance claims and the manner of determination of the performance claims described in writing by the equipment manufacture: or installer. Permanent methods installed on or after September 4, 1990 shall be capable of detecting the leak rate or quantity specified for that method in the corresponding section of the rule with a probability of detection (Pd) of 0.95 and a probability of false alarm (Pfa) of 0.05. (6) When a release detection method operated in accordance with the performance standards in NJ.A.C. 7:14B-6.5 and 6.6 indicates a release may have occurred, owners and operators shall notify the Department in accordance with N.J.A.C. 7:14B-7. (c) Any underground storage tank system regulated pursuant to NJ.S.A. 58:10A-21 et seq. and 42 U.S.C. 6991 et seq, that cannot apply a method of release detection that complies with the requirements of this subchapter shall complete the closure procedures in N.J.AC. 7:14B-9, (d) Each owner and operator of any underground storage tank system regulated pursuant to N.J.S.A. 58:10A-21 et seq., but not 42 U.S.C. 6991 et seq., that cannot apply a method of release detection with the requirements of this subchapter shall complete the closure requirements of N.JLA.C 7:14B-9 pursuant to a closure schedule that the Department has approved. [N.J.A.C. 7:14B- 6.1(2)] Description of Noncompliance: Leak detection for piping is not being performed pursuant to the rules, Interstitial monitoring is not being performed pursuant to the rule, All of the containment sumps are failing with the exception of dispenser #5. 6. As the result of a compliance review conducted on April 24, 2020, the Department has determined that BRICK TWP BD OF ED has not achieved compliance with the all the Requirements listed above, Mow ray tr Squal Opportniy Empliye. Prinsdom Recycled Poper amd RecyclableBRICK TWP TRANSPORTATION A200001-031101 Page tS a & 10. Based on the facts set forth in these FINDINGS, the Department has determined that BRICK TWP BD OF ED has violated the Underground Storage of Hazardous Substances Act, N.LS.A. 58:10A-21 et seg,, the Water Pollution Control Act, N.JS.A. 58:10A-1 et seq., the ‘Air Pollution Control Act, N.J.S.A. 26:2C e: seq. and/or the Spill Compensation and Control Act, NLS.A. 58:10-23.11 et seg, and the regulations promulgated pursuant thereto, specifically, NJAC. 7:27-163@, NJAC. 7114B- 4.1@)3ii, NIAC. 727-16.3@)1, NIAC. 7:14B- 5.100) ii, NIAC. 7:27-16.36)1, NJAC. 7:14B- 5.4(0)7, NJAC. 7:27-16.3G)3, NJAC. 7:14B- 5.9(@), NJAC. 7:14B- 5.11(a), NJA.C. 7:14B- 6.1(a). ORDER NOW, THEREFORE, IT IS HEREBY ORDERED THAT: BRICK TWP BD OF ED shall comply with the following: 1. __ Immediately upon receipt of this document: perform stage 1 pressure decay and stage 2 dynamic backsressure testing. Provide results within 5 days of testing, [N.J.A.C. 7:27-16] 2. Within 30 days of the receipt of this document: repair or replace, and retest spill containment at all STP sumps and under-dispenser containment at dispensers 1, 2, 3 and 4, Provide results within 5 days of testing, [N.J.A.C. TA4B- 5] This Order shall be effective upon receipt by BRICK. TWP BD OF ED or someone on the violator’s behalf authorized to accept service. NOTICE OF CIVIL ADMINISTRATIVE PENALTY ASSESSMENT AND NOTICE OF RIGHT TO A HEARING This notice shall be effective upon receipt 5y BRICK TWP BD OF ED or someone on the violator’s bebalf authorized to accept service. 58:10A-10, 26:2C et seq. and/or NJAC. 7:1E-6.5, 6.6, 6.7 7:26C-9 et seq, and based upon the above FINDINGS, the Department has determined that a civil administrative penalty is hereby assessed against the BRICK TWP BD OF ED in the amount of $23,20000 The Department's rationale for the civil administrative penalty is set forth in the enclosed Penalty Assessment Worksheets, and incorporated herein. New frsey i am Baual Opportunity Emplyer. Printed on Reyeled Paper and Recyclable.BRICK TWP CRANSPORIATION PA200001-031101 Page ds 12. Pursuant to NJLS.A. 58:10A-10(c)S, the Department may amend the civil administrative penalty amount for any economic benefit (in dollars) which a violator has realized as a result, of not complying with, or by delaying compliance with, the requirements of this Act. 13. Pursuant to NJ.S.A. 52:14B-1 et seg., BRICK TWP BD OF ED is entitled to request a hearing. BRICK TWP BD OF ED shall, in its request for a hearing, complete and submit the enclosed ADMINISTRATIVE HEARING REQUEST AND CHECKLIST TRACKING FORM along with all required information. Submittal or granting of hearing request does not stay the terms or effect of this NOTICE. 14, If no request for a hearing is received withia twenty (20) calendar days from receipt of this AONOCAPA, it shall become a Final Order upon the twenty-first (2st) calendar day following its receipt, and the penalty shall be due and payable, 15, Ifa timely request for a hearing is received, payment of the penalty is due when BRICK TWP BD OF ED receives a notice of the denial of the request, or, if the hearing request is granted, when BRICK TWP BD OF ED withdraws the request or abandons the hearing, or, if the hearing is conducted, when BRICK TWP BD OF ED receives a final decision from the Commissioner in this matter. 16. Payment shall be made by check payable co 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 PROVISION 17, This AONOCAPA is binding on BRICK TWP BD OF ED, their 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. 18, 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. 19, This AONOCAPA is issued only for the violation(s) 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, NIDEP does not waive its rights to initiate additional enforcement actions. New Jersey is an Eual Opportunity Enpleer. Printed on Reeyled Paper and RecyclableBRICK 1WP'TRANSPORTATION PEA2DO001-051101| Paget? 20. 21. 22. 23. 24. 25. 26. Neither the issuance of this AONOCAPA ner anything contained herein shall relieve BRICK TWP BD OF ED of the obligation to comply with all applicable laws, including but not limited to the statutes and regulations cited herein. Pursuant to N.J.S.A. 58:10A-10(¢), any person who violates the provisions of the Water Pollution Control Act 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 a NOCAPA issued pursuant to 58:10A-10(b), including this NOCAPA, or a court order issued pursuant to NJ.S.A, 58:10A-10(c), of who fails to pay a civil administrative penalty assessed pursuant to NJLS.A. 58:10A-10(d) in full after it is due subject to a civil penalty not to exceed $50,000 per day of such violations. Each day during which the violation continues constitctes an additional, separate and distinct offense. Pursuant to . $8:10A-10f{1}a, any person who purposely, knowingly, or recklessly violates the Water Pollution Control Act, and the violation causes a significant adverse environmental effect, shall, upon conviction, be guilty of a crime in 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 and not more than $250,000 per day of violation, or by imprisonment, ot by both. Pursuant to N.J.A.C. 7:14B-2.7(b), the Department may revoke the [UST] registration of a facility upon a determination of the following: 1. The New Jersey Underground Storage Tank Facility Certification Questionnaire contains false or inaccurate information; 2. The owner or ‘operator has failed to submit a New Jersey Underground Storage Tank Facility Certification Questionnaire pursuant to N.J.A.C. 7:14B-22; 3. The owner or operator has failed to pay the Facility Certification fee pursuant to NIAC, 7:14B-3.2; 4, An authorized representative is denied access to the facility during any reesonable hour, or 3. The owner or operator has failed to comply with any requirement of the State Act or this chapter. Pursuant to NJ.S.A. 26:2C-19(b) and N.JS.A. 26:2C-19(d), any person who violates the provisions of the Air Pollution Control Act, or any code, rule regulation or order promulgated or issued pursuant thereto, or who fails to pay a civil administrative penalty in full, shall be liable to a penalty of up to $10,000 for the first offense, $25,000 for the second offense, and $50,000 for the third and each subsequent offense. Each day during which the violation continues constitutes an additional, separate and distinct offense. Pursuant to N.LS.A. 26:2C-19(f)1, any person who purposely or knowingly violates the provisions of the Air Pollution Control Act, or any code, rule, regulation, administrative order or court order, promulgated or issued pursuant thereto, is guilty of erime of the third degree, Pursuant to NLS.A. 26:2C-19(f)2, any person who recklessly violates the provisions of the Air Pollution Control Act or any code, rule, regulation, administrative order or court order promulgated or issued pursuant thereto, is guilty ofa crime of the fourth degree. ‘ew Jersey isan Equal Oporventy Empey Printed on Recycled Paper and RecyclableWRICK WP TRANSPORTATION PEA200001-051101, Page ns 27. Pursuant to N.J.A.C, 7:27-8.16(a), the Department may revoke a [Air] permit or certificate if the permittee: 1. Uses, or allows to be used, equipment or control apparatus not in ‘compliance with the permit or certificate, or with any applicable Federal, or State law, regulation, or rule; 2.Takes any action which requires a permit revision, compliance plan change, seven-day-notice change, amendment, or change to a batch plant permit under any applicable provision at N.JA.C. 7:27-8.17 through 22, without complying with the applicable provision; 3.Fails to allow lawful entry by authorized representatives of the Department, pursuant to N.J.A.C. 7:27-1.31; 4.Fails to pay any penalty assessed pursuant to a final order issued by the Department; 5.Fails to pay any outstanding service fees, charged in accordance with the schedules contained in N.J.A.C. 7:27-8.6, within 60 days of receipt of a fee invoice or, in the case of a renewal of a certificate, by the date of expiration of the certificate being renewed; 6.Fails to reimburse the Department within 60 days after receipt of an invoice for any of the following charges incurred by the Department: i. The charges billed by any telephone company for the maintenace of a dedicated telephone line required by the conditions of approval of a preconstruction permit or certificate for the electronic transmission of data; or ii, The charges billed by any laboratory for performing the analysis of audit samples collected pursuant to mon.toring any testing required by the conditions of approval of a preconstruction permit or certificate; or 7Fails to dispose lawfully of all aqueous and solid wastes generated as a result of the operation of the equipment or control apparatus. pate:_7//a0 “LEH. Michael Hollis, Chief Bureau of UST Compliance and Enforcement Nese Jersey is an Equal Opportunty Empleyer. Printed on Recycled Paper and Recyclable,BRICK TWP TRANSPORTATION PEAZ0O001-031101 Pages UNDERGROUND STORAGE OF HAZARDOUS SUBSTANCES BASE PENALTY ASSESSMENT WORKSHEET Respondent(s): BRICK TWP BD OF ED. Date of Violation: September 24, 2019, and October 1, 2019 Rule violated as listed in 114-818 Table2 —— 6.1(a) Base penalty for rule violated: $5,000.00 TOTAL CIVIL ADMINISTRATIVE PENALTY = $5,000.00 Comments: Base penalty assessed for first of'ense failure to perform leak detection for piping pursuant to the rules. Interstitial monitoring for piping not functioning as designed, as containment sumps are not liquid tight.BRICK TWP TRANSPORTATION PEA2COOOL-031101 Page # 10 UNDERGROUND STORAGE OF HAZARDOUS SUBSTANCES BASE PENALTY ASSESSMENT WORKSHEET Respondent(s): BRICK TWP BD OF ED Date of Violation: September 24, 2019, and October 1, 2019 Rule violated as listed in 7:14-8.18 Table 2 4.1(a)3i Base penalty for rule violated: $5,000.00 TOTAL CIVIL ADMINISTRATIVE PENALTY = $5,000.00 Comments: Base penalty assessed for firs: offense failure to provide certified overfill protection for all tanks. High level audible alarm was not functional upon inspection, and ‘mechanical overfill prevention devices were not certified compliant.BRICK TWP TRANSPORTATION PEA20N001-03101 Page? IL AIR PENALTY ASSESSMENT WORKSHEET Respondent(s): BRICK TWP BD OF ED Discovery Date: September 24, 2019, and October 1, 2019 Air Pollution Control Act penalties are assessed pursuant to NJAC, 7:27A-3.10 ‘Ci Administrative Penalties for Violation of Rules Adopted Pursuant to the Act’ Assessment Rule Violated: Offense # | Penalty | Daysin | (Penalty x #of Daysin NAA. 7:27- Violation) 16.33, $600.00 16.3())1 1 3500 | Assessed $6,000.00 monthly, months, capped at 12 months 16.3()1 1 $500 | Assessed $86,000.00 monthly, months, capped at 12: months 16.3) 1 $609 1 $600.00 TOTAL AIR PENALTY ASSESSMENT = $13,200.00 Comments: Passing air tests were requested on multiple occasions but were never provided. Last documented passing dynamic backpressure test acquired from 2016 standard compliance inspection was performed by A.H. Hoffman on October 31, 2014, and was due on October 31, 2017 resulting in violation for 30 months, but capped at 12 months. Last documented passing pressure decay test acquired from 2016 standard compliance inspection was performed by A.H. Hoffman on September 30, 2015, and was due on September 30, 2016, resulting in violation for 43 months, but capped at 12 months.BRICK TWP TRANS ‘PEA200001-031101 Page w 12 VIOLATIONS CITED WITHOUT PENALTY ASSESSMENT The following is a list of violations that were cited in this document, but did not result in a penalty assessment. In most cases, a penalty was not assessed because the violation qualified for a grace period in accordance with P.L. 1995, ¢.296 (NJS.A. 13:1D-125 et sea.) “Fast Track Compliance Law”. NJAC. 7:14B- 5.11(a), NJJLA.C. 7:14B- 5.4(d)7, N.J.A.C. 7:14B- 5.10(a) ii, NA.C. T:14B- 5.9(2) CIVIL ADMINISTRATIVE PENALTY FOR ECONOMIC DENEFIT Pursuant to N.LA.C, 7:14-8.13 and 7:27A-3.12 and 7:26C-9.8, the Department may, in addition to any other civil administrative penalty assessed pursuant to this subchapter include as an additional civil administrative penaity the economic benefit (in dollars) which the violator has realized as a result of not complying with, or by delaying compliance with, the requirements of the Act. ‘No civil administrative penalty assessed for Economic BenefitBRICK TWP TRANSPORTATION PeA20O00 1-031 Page #13 IL ML IV. Document Being Appealed: EA ID # PEA200001 - 031101 July 1, 2020 Date Document Issued 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 Attomey (if applicable) ‘Address Address fz Telephone # Telephone # 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. _ Amadmission or denial of each of the findings of fact, or a statement of insufficient knowledge; ‘The defenses to each of the findings of fact in the enforecment document; Information supporting the request; An estimate of the time required for the hearing; A request, if necessary, for a barr‘er-free hearing location for physically disabled persons; ‘A clear indication of any willingness to negotiate a settlement with the Department prior to the Department's processing of ycur hearing request to the Office of Administrative Law; and L This form, completed, signed and dated with all of the information listed above, including attachment, to: Eo ompo 1 New Jersey Deparment of Enviroamertal Protection Ofte of Legal affais Attention: Adjudieatory Hearing Requests 401 E, tae Steet P.O, Box 402 Trento, New Jee 08625 2 Meteo, Chiat ‘Burau of UST Compliance and Enforcement New Jersey Department of Eavironmertal Protection Mall Code 09-03, PO Box 420 ‘Trenton, NI. 08625-0820 a All co-permitess (wtiachments) Signature: Date:etopenctaueh NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION INVOICE NO. 200562010 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION COMPLIANCE AND ENFORCEMENT Program Interest ‘Type of Notice a ‘Amount Due [BRICK THP TRANSPORTATION ORIGINAL (NON- INITIAL) is __ 23,200.00 Reick Tewn, NJ. 68725 Billing Date Due Date NJEMS Bill ID ce [" e6esse0 a8/01/20_| | coaa0zee727800 ‘Summary ‘Total Amount Assessed. 23,200.00 ‘Ameunt Received Before Creating Instalinet Plan iinstamer plane is alowed) 0.00 Amour Transferred To istamert Pan 0.00 Intaliment Amount 0.00 ‘Total Amount Credited vis 0.00 ‘ota Amount Debited (Other Than Amounts Ansesed) “0.00 Total Amount Due 23,200.00 (REMINDER: TOU'CRN PAY THIS BILL ONLINE WITH A cREDET cARD of E-cHECK Govro anit’ /7ven Ao. Soprbervomeine es eLice ent a POPER Hiwonce, Bae ATER Weed Oy Per Sea Ne Sen Cte PAS EMTRCEsge-etzn cORWER OF THIS BILL THERE’ No FEE Fon PAVING VIN E-CHECKY FOR CREDIT CaRD USE,2v0% OF THE TOTAL» #50 TS CIARGED. To Pay SILL bY HAIL SEHD A CHECK PAYADLE TO TREASURER STATE OF NeW LERSCY. Werte ahwotce wee’ etn tecueat ITiesT anwER on BiEee, RETUnW CHECK VITH BOTTOM FoeTION OF THs THOTEE T0 THER) BEPARTAENT OF TREASURY. Ir "voU WAVE QUESTIONS SEE BAEK OE IWOICE FOR CONTACT IAPORRATEON” NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION INVOICE NO, NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION 200562010 NJEMS Bill ID COMPLIANCE AND ENFORCEMENT booccoz0a727600 Program Interest ID. Type of Notice [Billing Date| | Due Date Amount Due 031101 ORIGINAL(NON-INITIAL) 06/24/20 | [08/01/20 | |s 23,200.00 nan sheck bee an we mE w siyeurpayment=> fe ener Involen. Morstedbeestatst BRICK TWP BD OF ED label Mla ‘and mal RETURN ERORIRETY . stn your chockiacepayabiore ‘TREASURER - STATE OF NEW JERSEY ‘Ni DEPARTMENT OF TREASURY 95 ATIN: DOW WiLSow DIVISION OF REVENUE ICKSON. AVE Brick Town NJ 08724-2574 TRENTON, Mi 00640-0417 £P1010102010101010100003010100011113110023200000001512005b20100952Letra ‘NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION INVOICE NO. 200562010 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION COMPLIANCE AND ENFORCEMENT Program Interest Type of Notice ~ Amount Due \BRICK TWP TRANSPORTATION ORIGINAL (NON- INITIAL) $23,200.00 346 CHAMBERS BRE RD s Brick Town, NJ. 08725 Billing Date Due Date NJEMS Bill ID esunor 06/24/20 08/01/20 000000208727800) AONOCAPA a Prescribed Enforcenent Action This bili was created by the Assessments Trigger. ASSESSHENTS Start-End Date: 06/24/2020-06/24/2020 Activity: P2A200001 Assesonent Type: PENALTY ‘Status: Open (Pending Paynont) Regulatory Basis: ‘Amount: § 2320.00 Tote! Amount Assessed: § 23,200.00 Poe la 1 iuear (rane