Bernards hires consultant to oversee soil testing

Bernards Township officials have hired an environmental engineer after learning the owner and operator of Millington Quarry were proceeding with soil testing without them, the latest chapter in a dispute between the groups.

Bernards Deputy Mayor Scott Spitzer said the township committee contracted with Behran Turan of Icon Engineering and has appropriated up to $300,000 to conduct soil testing at the quarry, but said the township was caught flat-footed by owner Millington and quarry operators Tilcon's decision to begin independent testing.

"We are disappointed that the quarry chose once again to be noncooperative and noncommunicative about their plans," Spitzer said. "While this is expensive, we believe this is really the only way to assure ourselves that we've done the right thing."

Bernards has been embroiled in litigation with the quarry since last year. In the lawsuit, the township contends Millington Quarry Inc. and Tilcon NY Inc. had been engaged in unlicensed dumping of potentially contaminated materials at the quarry as it prepared the area for development.

Both parties have been in court mediation with the state Department of Environmental Protection to decide on the best route for soil testing as preparation for a residential development moves forward, but Spitzer said Bernards was not informed of the quarry's decision to begin independent soil tests with Somerville-based consulting firm JM Sorge until late last week.

In a joint statement, Millington Quarry and Tilcon rejected the claim that they had been uncooperative.

"The quarry had voluntarily agreed several months ago that the township's consultant could take split samples of all samples being taken by the quarry," the statement read. "The results of the initial phase of testing, which is expected to be complete before year end, will be submitted to the NJDEP for its consideration before determining additional steps to confirm and ensure that the property meets all appropriate NJDEP standards."...