Millington Quarry Ordered To Submit Updated Rehabilitation Plan

BASKING RIDGE, NJ — A ruling has been made in the ongoing Millington Quarry legal battle in Bernards Township.

Somerset County Judge Thomas Miller has ordered Millington Quarry Inc. (MQI) to submit an updated and revised rehabilitation plan to the township. Miller also declined to rule whether MQI was "in breach" of the Settlement Agreement with the township. And lastly ruled that the Bernards Township Quarry Advisory Task Force was deemed invalid.

Bernards Township had filed a cross-motion on March 20 alleging that MQI breached the 2014 settlement agreement and township quarrying ordinance by failing to submit a revised rehabilitation plan by October 2016 to show how they intend to clean up the "environmental contamination" on the 179-acre property on Stonehouse Road.

Although Miller did not rule MQI to be in breach of the agreement, he did order MQI to submit an updated and revised plan. Miller did not issue a deadline when MQI needed to submit the revised rehabilitation plan.

"The Township is encouraged that the court expressly found that the quarry ordinance regarding rehabilitation of the quarry property remains in effect and applicable to MQI," Bernards Township Attorney John Belardo stated. "The Court further ruled that MQI remains obligated to submit to the Planning Board an updated and revised quarry rehabilitation plan at a future date for the reasons set forth by the Township."

"At the end of the day, it really comes down to this. We just want the site rehabilitated and cleaned up before MQ leaves and we don’t want the Bernards Township taxpayers or any future residents holding the bag. The proposed subdivision to split off the contaminated land and part of the lake at this stage is not consistent with that end," said Bernards Township Mayor Carol Bianchi.

Additionally, Miller ruled on MQI's initial lawsuit. Mark Morgan of Parsippany, who is representing MQI claimed in the suit filed against the township on March 13 that the creation of the newly formed Bernards Township Quarry Advisory Task Force had violated an April 29, 2014 legal settlement where only an Oversight Subcommittee was allowed to be formed to address any issues concerning the implementation of the last approved plan — the 2011 Millington Quarry Rehabilitation Plan.

Miller ruled that the creation of the township's Quarry Task Force is "deemed invalid" and it is "prohibited from addressing any issues concerning the implementation of the last approved plan."

Instead the township must use the Quarry Oversight Subcommittee that had been formed in 2014 and consists of Police Chief Michael Shimsky, Township Engineer Thomas Timko and Bianchi or her designee. Belardo said Bianchi plans to name her designee as existing QATF member and BTSA Chairman Kevin Orr at the upcoming May 14 township committee meeting.

See the entire ruling by Somerset County Judge Thomas Miller below:

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