May 12, 2009
Hon. Joseph N. DiVincenzo, Jr.
Essex County Executive
Hall of Records, Room 405
465 Dr. Martin Luther King, Jr. Blvd.
Newark, NJ, 07102
Re: OPRA Request
Nacirema Environmental Services
Dear Mr. DiVincenzo:
As you will please recall, Resolution #67 of the agenda of the April 22, 2009 public meeting of the Essex County Board of Chosen Freeholders awarded Nacirema Environmental Services a contract in the amount not to exceed $852,400.00 to provide “interior demolition within the Leroy Smith Public Safety Building Phase 2”. If you will please recall, as well, Resolution #40 of the agenda of the May 6, 2009 public meeting of the public meeting of the Essex County Board of Chosen Freeholders awarded Nacirema Environmental Services a contract in the amount not to exceed $950,000.00 “for Heavy Duty Equipment/Operator Rental Program for Hospital Center Demolition”.
Please note the US Department of Justice “Notice of Lodging of Settlement Pursuant to Clean Air Act” wherein it is noted that a Consent Decree in United States v. Nacirema Environmental Services Company, Inc., Civil Action No. 07–1361 was apparently entered into within the United States District Court for the District of New Jersey due to the purported fact that “United States sued Nacirema Environmental Services Company, Inc. for violations of the Clean Air Act (‘‘Act’’), 42 U.S.C. 7401–7671q, and the National Emission Standard for Hazardous Air Pollutants for asbestos (‘‘Asbestos NESHAP’’), 40 CFR Part 61, Subpart M, in connection with Nacirema’s failure to provide advanced notice to the U.S. Environmental Protection Agency(‘‘EPA’’) of the demolition of at least 18 facilities in New Jersey and New York, its failure to comply with an EPA request for information, and its failure to comply with an EPA Administrative Compliance Order requiring submission of that same information.” As a result, “The settlement requires Defendant to pay a civil penalty of $65,000, to spend an additional $65,000 on a supplemental environmental project involving asbestos abatement in low-income homes, and to provide additional injunctive relief including asbestos training for Nacirema employees and management reforms.”
DEPARTMENT OF JUSTICE
Notice of Lodging of Settlement
Pursuant to Clean Air Act
Notice is hereby given that, on March 23, 2007, a proposed Consent Decree in United States v. Nacirema Environmental Services Company, Inc., Civil Action No. 07–1361, was lodged with the United States District Court for the District of New Jersey. In this action, the United States sued Nacirema Environmental Services Company, Inc. for violations of the Clean Air Act (‘‘Act’’), 42 U.S.C. 7401–7671q, and the National Emission Standard for Hazardous Air Pollutants for asbestos (‘‘Asbestos NESHAP’’), 40
CFR Part 61, Subpart M, in connection with Nacirema’s failure to provide advanced notice to the U.S. Environmental Protection Agency(‘‘EPA’’) of the demolition of at least 18 facilities in New Jersey and New York, its failure to comply with an EPA request for information, and its failure to comply with an EPA Administrative Compliance Order requiring submission of that same information. The settlement requires Defendant to pay a civil penalty of $65,000, to spend an additional $65,000 on a supplemental environmental project involving asbestos abatement in low-income homes, and to provide additional injunctive relief including asbestos training for Nacirema employees and management reforms. The Department of Justice will accept comments relating to the settlement for a period of thirty (30) days from the date of publication of this Notice. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and mailed either electronically to pubcommentees.enrd@usdoj.gov or in hard copy to P.O. Box 7611, U.S. Department of
Justice, Washington, DC 20044–7611.Comments
should refer to U.S. v. Nacirema Environmental Services Company, Inc.,
DJ No. 90–5–2–1–08411.The proposed Consent Decree may be examined at the
Office of the United States Attorney, District of New Jersey,970 Broad Street,
Suite 700, Newark, New Jersey 07101. During the public comment period, the
proposed Consent Decree may also be examined on the following Department of
Justice Website: http://www.usdoj.gov/enrd/
Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources
Division.
[FR Doc. 07–1653 Filed 4–4–07; 8:45am]
BILLING CODE 4410–15–M
Attached, please find a copy of the Open Public Records Request (OPRA) form CWA Local 1081 has submitted this day to the County of Essex requesting the following documentation regarding Nacirema Environmental Services’ above cited contracts with the County of Essex:
- If Nacirema Environmental Services was required to inform the County of Essex of the abovementioned “Notice of Lodging of Settlement Pursuant to Clean Air Act”.
- If Nacirema Environmental Services informed the County of Essex of the abovementioned “Notice of Lodging of Settlement Pursuant to Clean Air Act”.
- All documents delineating the names and titles of all principals, and employees, of Nacirema Environmental Services in addition to Mr. John Cherchio, Mr. Anthony Novello and Mr. Salvatore Carucci.
Sincerely,
David H. Weiner, President
CWA Local 1081