Owners of B&B Organic Waste Recycling refute claims they are responsible for contaminated soil

The owners of B&B Organic Waste Recycling strongly refute claims made last week by West Milford Township Administrator William Senade that the company was responsible for contaminated soil found on municipal land adjacent to the business at 280 Marshall Hill Road in West Milford.

Senade said in a press release that the analysis of soil samples taken June 3 showed unacceptable levels of 10 materials in five locations and that the matter had been referred to the New Jersey Department of Environmental Protection.

In a subsequent interview, Tony Battinelli, who with wife Allison owns B&B as well as several other businesses in the West Milford area, said he was waiting for the results from a licensed environmental professional of the samples taken at the same locations on the same day.

He questioned whether the samplings where judged on residential or commercial standards. Residential standards are higher because the dirt is typically top soil and used for people’s backyards or playgrounds. Commercial grade is somewhat less stringent because the material is used for things like berms and other less trafficked areas.

Longstanding dispute

The township and B&B Organic Waste Recycling signed a memorandum of agreement dated Nov. 17, 2016. Among the items included in the memorandum is the following:

“The Township has agreed to allow B&B to enter onto the properties owned by the Township (Lots 18.02, 28.02 and 28.03 on Block 6002) to allow B&B to finish grinding the material on the sites, to screen the dirt and build a berm for soil conservation and to comply with New Jersey Department of Environmental Protection regulations, and to assist the Township with leaf composting, subject to B&B presenting the Administrator of the Township with sufficient proof of liability insurance naming the Township as an additional assured.”

During a 90-minute interview, Tony Battinelli described berm that encompasses the property as about 2,000 feet around, 10 feet high and as wide as 40 feet in some sections. Berms are critical to such operations because they impede runoff, noise and dust. He also said some of the dirt used to build the berm came from the township’s property.

The 2016 memorandum also gives the township the right to utilize the “access easement area” on the B&B property to owned by West Milford at 30 Lycosky Drive.

Communications

The Senade statement also said the current testing was conducted “in part due to the failures of B&B Organic Waste Recycling LLC to respond to repeated requests from the Township and to comply with the Township’s Limited Manufacturing and Industrial Ordinance.”

The Battinellis challenged that assertion, saying they have frequent contact with the township and the state Department of Environmental Protection regarding his operation. He said, for example, he provides the township with monthly volume totals.

Fires

The township administrator’s statement also said: “As a result, and in response to two fires which occurred at the property late last year, the township filed suit in New Jersey Superior Court demanding ... that the Court compel B&B Organic Waste Recycling LLC to abate all pending violations ... and to remove all B&B Organic Waste Recycling LLC property from the Township’s property.”

Regarding the fires, the Battinellis provided an email the company sent to Carole Mercer at the state Department of Environmental Protection on Oct. 5, 2020.

Battinelli wrote: “I just want to inform you and your office of an incident that occurred on September 20, 2020, at our recycling facility. While doing our daily walk through we noticed a pile of first ground mulch smoldering. A closer look into pile was done with an excavator which released smoke but no fire or flames were detected. Within a couple of hours the township mayor, fire marshal and fire chief arrived for a meeting and walk through. Once pile was inspected it was determined no fire personnel and/or fire equipment would need to be dispatched. The recommendation which was agreed upon by all in attendance was monitoring of site 24 hours a day until the pile was ground to final mulch. That was completed on September 28, 2020. No other incidents have happened during this time frame or since then.”

Letter to township officials

In a letter dated June 21, Tony and Allison Battinelli wrote township officials to complain about what they said was the premature release of the information regarding the soil tests. It reads, in part:

“From the very beginning we have worked hand in hand with the township, the DEP, State Soil Conservation and any party who needed to be involved in getting this property up to par from the condition it was in prior to our ownership. We have had analytical data and testing done on all of the soil brought in to our property, all of which came back satisfactory. This was turned over to the township per request and to the DEP per state regulation.

“You are making an attempt at twisting the story to defame our family’s name and pin the issue on us, despite the fact that we have documented evidence showing our property to be non-contaminated.”