Closter — The bounds of borough property that was sold to Miele Sanitation are under inspection after a resident recently questioned whether operations on site are permitted.
The questions, raised by Jesse Rosenblum, came about at a recent Planning Board meeting when residents were able to voice concerns they may have with Miele such as its trucking and hours of operation. Miele Sanitation’s permit was up for renewal with the Department of Environmental Protection so the DEP offered the borough’s Planning Board a chance to submit any residents’ comments regarding the site.
Rosenblum objected to Miele’s current operation as a recycling and transfer station facility on borough land. Citing the original deed between the borough and Miele, Jesse Rosenblum said Miele is violating the terms of the agreement since the deed forbids the property from conducting solid waste activities.
The deed, dated Oct. 10, 1990, expressly states the property, as outlined by specific parameters, "may not be used for the placement or operation of compactors or balers for recycling or other facilities with which solid waste activities are conducted."
However, Borough Attorney Ed Rogan said the situation is complex since the bulk of Miele’s property is without restrictions. According to Rogan, use is restricted on the part of land Miele bought from the borough in 1990 and the parameters of that land need to be demarcated.
"He was operating his business on… the bulk of the property prior to 1990. Then he bought a piece of property from the borough and the deed covers what the borough owned," said Rogan.
"At this point we need to determine that the actual bailer and equipment is actually on that property as opposed to the other property Miele owns," said Rogan.
He said Construction Code Official Keith Sager would look at the property to determine where the equipment is. If Sager cannot determine the configuration of the property by looking at it, a survey may have to be done, said Rogan.
"This is a matter of metes and bounds. He may not be able to say or maybe he can," said Rogan.
However, Joe Miele said he is "not violating the deed whatsoever." He said he only parks trucks on the portion of the property once owned by the borough and that the recycling is conducted on the property he owned prior to 1990.
"We are controlled by the state, not by the town. We are a town public utility and the state controls what we do and we are not violating anything."
On site, garbage trucks are parked on the lot Miele pointed to as being the borough property.
DEP spokesman Larry Haijna said Miele Sanitation is the site of two compactors in its capacity as a Class A municipal recycling center. Municipal recycling is not a function regulated by the DEP, Haijna said, but the site is approved by the DEP for both Class B recycling and garbage transfer operations.
"It is a material recovery facility and also a transfer station for garbage. [They can] recover whatever they can out of wood and metals and it is also a class B recycling facility, a separate component," said Haijna.
In its capacity as a recycling center, Haijna said Miele can recycle material "including but not limited to… concrete, asphalt, brick, block, roofing, scrap wood, tree trunks, parts of trees, brush and leaves."
Planning Board Chairman John Lignos had not returned inquiries as to the status of the permit’s renewal as of press time.
E-mail: wilde@northjersey.com or call 201-894-6706
