SDMS Document

Lower Study Area

DIRECT DISCHARGE PRP CASES FOR THE LOWER PASSAIC RIVER STUDY AREA

PRP DATA EXTRACTION FORM AND EVIDENCE CONCERNING:

Harrison Supply

PREPARED FOR:

LOWER PASSAIC RIVER STUDY AREA COOPERATING PARTIES GROUP

SUBMITTED TO: USEPA REGION II

May 3, 2006

943660001 HARRISON SUPPLY

PRP DATA EXTRACTION FORM

INDEX OF EVIDENCE

Tab No. Year Day and Description Month 1 1972 May United States District Court, District of NJ documents related to case# 266-71

2006 25-Jan Dun & Bradstreet Comprehensive Report re: Phillips Companies

2006 24-Jan Online information from the Phillips Companies website

Tab No. Year Day and Description Month 4 2000 20-Dec Letter re: LNA Application

2000 27-Nov Letter re: ISRA Non- Applicability Affidavit, referenced documents attached.

1993 15-Apr Letter re: Harrison Supply Company w/ Blue Circle Raia Inc.

1992 unknown Chemical Inventory

1993 18-Oct Letter re: Applications for the NJDEP General Stormwater Permits

2004 21-Jan Letter re: CPM Concrete Products Management

10 2001 30-Aug Letter re: Stormwater Discharge Modification

11 1995 28-Nov Letter re: Authorization to Discharge Stormwater

12 2006 26-Apr Dun & Bradstreet Comprehensive Report re: Harrison Supply Company

13 2006 26-Apr Dun & Bradstreet Comprehensive Report re: Phillips Concrete Inc.

14 circa unknown Document retrieved from Seymour Lubetkin's notebook titled 1975-76 "Below Dundee Dam - Passaic River Discharge Outlets"

15 1976 unknown Overflow Analysis Report to PVSC re: Passaic River Overflows

943660002 LOV/ER PASSAIC RIVER STUDY AREA P RP DATA EXTRACTION FORM

HARRISON SUPPLY CO.

CURRENT MAILING ADDRESS/CONTACT INEO:

Edwin W. Phillips Harrison Supply Co. 800 Passaic Avenue East Newark, NJ 07029

(PCA000126 referenced at Tab 12)

FACILITY ADDRESS:

Harrison Supply Co. 800 Passaic Avenue Kearny, NJ

Additional address -

800 Passaic Ave. Harrison, NJ 07029

(the "Site")

(PCA000126 at Tab 12; PCA000031 at Tab 3)

FINANCIAL VIABILITY (annual revenue, # of employees):

Harrison Supply Co. ("Harrison Supply") was incorporated in the State of in 1927 and currently employs between 10 and 25 people, depending on the season. Limited financial information is available concerning Harrison Supply, however, The Phillips Companies identifies Harrison Supply as one of its "New Jersey Locations" and published financial reports identify Harrison Supply as an affiliate of The Phillips Companies. (PCA000022-23 at Tab 2; PCA000138 at Tab 12) The Phillips Companies employ 65 individuals with their web site identifying the Site address as their operating address. (PCA000011 at Tab 2; PCA000026 at Tab 3)

5/3/06 943660003 DATES OF OPERATION (include info, on predecessors/successors if known):

Harrison Supply has been the sole tenant of the property since 1927 under a lease with Philbro Inc., the current owner of the property. (PCA000052 referenced in Tab 5; PCA000011 at Tab 2 and PCA000028 at Tab 3; PCA000067 at Tab 6)

Of note, a company named Phillips Concrete, Inc., is indicated as of 2004 to also be in operation at the Site. (PCA000141 and PCA000151 at Tab 13)

DESCRIPTION OF FACILITY OPERATIONS (list CERCLA hazardous substances used, manufactured or present):

The following annotated aerial photograph identifies the approximate location of the Harrison Supply Site in East Newark, NJ:

5/3/06 943660004 HARRISON SUPPLY COMPANY SITE

Aerial photograph dated 2006. Annotated Site outline and location is an approximation. Source: Google Earth (Europa Technologies/Navteq/Sanborn)

Harrison Supply uses the premises for the manufacture, distribution and sale of ready mix concrete and the retail sale of mason supply merchandise, including sand, cinder blocks, patio blocks, bricks and other mason supplies. (PCA000067 at Tab 6)

In 1993, Harrison Supply entered into an exclusive supply agreement with Blue Circle Materials, formerly Blue Circle Raia Incorporated, in which Blue Circle agreed to be the exclusive purchaser of Harrison's concrete products. Included in this agreement, Blue Circle Materials also entered into a truck lease agreement with Harrison Supply. Approximately fifteen trucks

5/3/06 943660005 owned by Harrison and located at/or used in connection with Harrison's concrete business at the Site were leased to Blue Circle. None of Harrison's assets were sold to Blue Circle under this agreement. Blue Circle Materials changed its' name to Eastern Concrete Materials in June 2001. (PCA000123 at Tab 11, PCA000049 at Tab 5, PCA000046 at Tab 4 and PCA000108 at Tab 10)

A 1982 chemical inventory identified the types of chemical used on-site, which included, but was not limited to, the following:

Acetylene • Liquefied Petroleum Gas Aromatic Hydrocarbons • Methyl Styrene n Aromatic Solvent • Mineral Spirits " Asphalt • Petroleum Oil D Calcium Chloride • Silicate a Calcium Hydroxide • Silicon Quartz a Calcium Salt • Sodium Hydroxide D Chromium Oxide • Stoddard Solvent • Fuel Oil • Waste Oil • Hydrochloric Acid • Xylene • Lime

(PCA000072-82 at Tab 7)

PERMITS (provide dates):

NPDES:

Information available to date indicates that in October of 1993, Blue Circle Raia applied for a general stormwater permit to discharge to the Passaic River from the Harrison Supply Facility. (PCA000086-103 at Tab 8)

In January 2004, Eastern Concrete Materials, formerly Blue Circle Raia, renewed their stormwater discharge permit under permit #NJG0119806. (PCA000107 at Tab 9)

PVSC (pretreatment):

No information available at this time.

NEXUS TO LOWER PASSAIC RIVER STUDY AREA (describe in detail; cite to supporting documentation; date or time period of disposal; list CERCLA hazardous substances; and volume, if known):

Direct (e.g. pipe, outfall, spill):

5/3/06 943660006 On May 9, 1972 the Harrison Supply plead guilty in US District Court to the unlawful discharge of alkaline refuse into the Passaic River from their facility. The discharge occurred in May 1970. (PCA000008 at Tab 1)

It was noted in the litigation filings that, in May, July and August of 1970:

"Harrison Supply Co., did unlawfully place, discharge and deposit into the adjacent and tributary -waters of the Harbor of New York, to wit, into the tidal waters of the Passaic River, in the vicinity of East Newark, New Jersey, from the shore, wharf and premises owned, operated and maintained by it, a quantity of alkaline refuse. In violation of Title 33 U.S.C., Section 441. " (PCA000008-9atTabl)

Sanitary Sewer (provide name and location of CSO; details regarding CSO overflows and dates:

No information available at this time.

Storm Sewer:

No information available at this time.

Runoff: No information available at this time.

Groundwater: No information available at this time.

POTENTIAL NEXUS TO LOWER PASSAIC RIVER STUDY AREA (describe in detail; cite to supporting documentation; list CERCLA hazardous substances; and volume, if known):

Direct (e.g. pipe, outfall, spill):

No information available at this time.

Sanitary Sewer (provide name and location of CSO; details regarding CSO overflows and dates):

The Harrison Supply facility is located adjacent to and south of an outfall referenced in certain documents as the Central Avenue storm sewer. Information to date indicates the outfall to be the Central Avenue combined sewer outfall ("CSO"). (PCA000153-154 at Tab 14 and PCA000158 At Tab 15) While not conclusive, any hazardous substances discharged from the Harrison Supply facility may or may have been bypassed to the Passaic River via the adjacent Central Avenue CSO.

Storm Sewer (provide name and location of CSO; details regarding CSO overflows and dates):

No information available at this time. 5/3/06 943660007 Runoff:

No information available at this time.

Groundwater:

No information available at this time.

943660008 943660009 (Rev. 2-681 . Cr, Form No. 25 States Statrirt GCnurt FOR ™E MAY 9 DISTRICT OF.. NEW JERSEY

At *••*. United States of America ; ANGELO W. IOCASCIO Clerk v. . No. Criminal 266-71 I HARRISON SUPPLY CO. J

On this 5th day of MAY , 19 72 came the attorney for the government and the defendant appeared in person and ' by George Koelzer, Esq., counsel

its IT Is ADJUDGED that the defendant upon iris plea of '•' guilty, and the court being satisfied there is a factual basis for the plea has been convicted of the offense at unlawful discharge and deposit of alkaline

refuse into tidal waters of Passaic River

as charged3 in Count 1 and the court having asked the defendant whether he has anything to say why judgment should not be pronounced, and no sufficient cause to the contrary being shown or appearing to the Court,

IT Is ADJUDGED that the defendant is guilty as charged and convicted. IT Is ADJUDGED that the defendant tehetatajrcsHiaHaeaXgtfrixMMdPd^ sgxnppQBBa^^

do pay a fine of $250.00; said fine payable in thirty (30) days.

IT Is ADJUDGED that '•

IT Is ORDERED that the Clerk deliver, a certified copy ot this judgment and commitment to the United States Marshal or other qualified officer and that the ^popy serve as the commitment of the defendant.

United States District Judge. The Court recommends commitment to '•

Clerk. 'Insert "by InOJiie of counsel.l. counsel" or without counsel; the court advised the defendant of his rights tu counsel and asked hlrn. whether he desired to have counsel appointed by the court, and the defendant thereupon stated that he waived the right to the assistance of counsel," -Insert (1) "guilty and the court being satisfied there is a factual basis for the p!e;i," (2) "not guilty, and a verdict of guilty," (3) "not guilty, and a finding cl ^iiUty," or <>i) "nolo contendere," as the case maay bebe.. :•l ' Insert "iin countisO) number " iIif requirereqi d '• Enter (1) sentence or sentences, specifying counts If anv; (2) whether sentences are to run concurrently or con- secutively end, 3f consecutively, when each term is to begin with reference to termination of preceding term or to any other outstanding unserved sentence; (3) whether defendant is to be fl'.rtner Imprisoned until payment of i-he fine or fine and costs, or until he is otherwise discharged as provided by lav/. "Enter any order with respe1"'' ' r.uspension nn.cl probation. ^ For use of Court to recommend a particular institution. 943660010

f^r^^\r\f^^ RETURN

I have executed the within Judgment and Commitment as follows: Defendant delivered on to Defendant noted appeal on Defendant released on Defendant elected, on not to commence service of the sentence. Defendant's appeal determined on Defendant delivered on to at , the institution designated by the Attorney General, with a certified copy of the within Judgment and Commitment.

United States Marshal

943660011 Form No. USA-22 (3d. 2-15-57) RMH:rmn 70 3636

UNITED STATES DISTRICT COURT District of New Jersey

United States of America Criminal Ho. 266-71

HARRISON SUPPLY COMPANY

ORDER TOR DISMISSAL

Pursuant to Bule W(a) of the Federal "Rules of Criminal

Procedure and by leave of court endorsed hereon the United States

Attorney for the . District of New Jersey Counts II and III of hereby dismisses tBgc Criminal No. 866-71 ^__ against (indictment,

HARRISON SUPPLY COMPANY defendant, for the reason that defendant has pleaded guilty to Count I of the indictment and has teen sentenced thereon, and for the additional reason that further prosecution would not be in the best interest of the United States Government.

FILED

MAY 5 1972

*.lf.3t> \J..M ANGEf-O W. LOCASCIO Cl.rk Halteited States Attorney HERBERT J. STERN

Leave of court is granted for the filing of the foregoing dismissal v

United States District Judge

943660012 No

J=»tntrs JHstritt DISTRICT OF NEW JERSEY THE UNITED STATES OF AMERICA

PS.

HARRISON SUPPLY COMPANY

ORDER FOR DISMISSAL

HERBERT J. STERN U. S. Attorney Newark, New Jersey

BY: RICHARD W. HILL ASSISTANT U. S. ATTORNEY

l—93—9-28-tO—8M—fl!50

Honu No. U3A-48-CR7 (Kd. 10-1B-G3)

C•POk CO o> o> o o co PCA000004 FILED

UNITED STATES DISTRICT COURT JAN 3 1972 DISTRICT OF NEW JERSEY x, ««,...... :.« ANGBO W. LOCASCIO

UNITED STATES OF AMERICA Cr. 7 -VS- NOTICE OF APPEARANCE a

SIR:

You are hereby notified that I appear for

the defendant

in the above-entitled matter.

Dated: ^ /^ ? 2-

$Mf for Defendant

Address . /

Telephone Number

943660014 FILED UNITED STATES DISTiilCT CGUHT y.y r, _ ._,.

DISTRICT OF HEW JERSET A| ^./^.^ ANGELO W. LOCASCIO Clerk

UNITED STATES C? AMERICA :

CriE. Wo. :}££- 7/

KOTIC3 G7" ,lFPSAFJiNCK

SIR:

You are hereby notified that I appear for •

/fy(^iJ<^_ £. /['.t3_.-r, £-•/ _^__ the defendant in the above-entitled matter.

T

Attorney Tor Do.r?ndant

ddress

Telephone Mumber

943660015 FILED

STATES DISTRICT COURT APR 2 6 197], DISTRICT OF K£'-'? JERSEY ? S^- '

ANGRO \V. LOCASCIO Cle:k V UNITED STATES OP AMERICA • :

-vs- •: Cr. 266-71

; NOTICE OF ALLOCATION HARRISON SUPPLY CO.

Pursuant to Rule 11 of the General Rules of this

Court, I have allocated the a^ove-entitled matter to

HEWARK, N.J^

Please file pleading's and make all motions re- turnable there.

Angelo "'

Minnie M. Del Polito bade-V April 26, 1971 Deputy Clert

943660016 GEBjr:hal F D 70 3636

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

UNITED STATES OF AMERICA Criminal No. ,^-

Title 33, U.S.C., Section 44] HARRISON SUPPLY CO.

The United States Attorney for the District of New Jersey

charges :

COUNT I

That an or about the 26th day of May, 1970, at East Newark,

in the State and District of New Jersey,

HARRISON SUPPLY CO.,

did unlawfully place, discharge and deposit into the adjacent and

tributary waters of the Harbor of New York, to wit, into the tidal

waters of the passaic River, in the vicinity of East Newark, Mew

Jersey, from the shore, wharf and premises owned, operated and

maintained by it, a quantity of alkaline refuse.

In violation of Title 33, U.S.C., Section 441.

COUNT II

That on or about the 27th day of July, 1970, at East: N.ev^rk,

in the State and District of Sew Jersey,

HARRISON SUPPLY CO.,

did unlawfully place, discharge and deposit into the adjacent and

tributary waters of the Harbor of New York, to wit, into the tidal

waters of the Passaic River, in the vicinity of East Newark, New

Jersey, from the shore, wharf and-premises owned, operated and

maintained by it, a quantity of alkaline refuse.

In violation of Title 33, U.S.C., Section 441.

943660017 COUNT III ^

That on or about the 26th day of August, 1970, at East

Newark, in the State and District of New Jersey,

HARRISON SUPPLY CO., did unlavjfully place, discharge and deposit into the adjacent and tributary waters of the Harbor of New York, to wit, into the tidal waters ot the Passaic River, in the vicinity of East Newark, New

Jersey, from the shore, wharf and premises owned, operated and maintained by it, a quantity of alkaline refuse.

In violation of Title 33, U.S.C., Section 441.

UNITED STATES ATTORNEY

943660018 No. .

jl'tnitri) J?hitcs ^istricl (Jlrrurt DISTRICT OF NEW JERSEY THE UNITED STATES OF AMERICA

HARRISON SUPPLY CO.

INFORMATION

£ Title 33, U.S..C., Section 441 *£* Illegal deposit of refuse i ___..^ f

HERBERT J. STERN_ /^, U.S.~Atioriiey Newark, New Jersey

BY: GARRETT E. BROWN, JR. Assistant U.S. Attorney

:•':•[-.ga -o-ni-ea -3M-use

No. UBA-H8-Cn7

CD

O> CD O O _A CD PCA000010 943660020 D&B Comprehensive Report: PHILLIPS COMPANIES Page 1 of 15

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ATTN: jbenthineintell-group.com Report Printed: JAN 24 2006

Overview

BUSINESS SUMMARY

PHILLIPS COMPANIES F F PHILLIPS 945 Somerset St D&B's Credit Limit Recommendation Somerset, NJ 08873 How much credit should you extend? '" Learn More ;- View Now Das D-U-N-S Number: 06-317-2001 Payment Trends Profile Payment trends and industry benchmarks • Jump to Payment Trends

Rating Change

This is a headquarters location. Branch(es) or division(s) exist. Credit Score Class: 3 Moderate risk of severe payment delinquency over next Hailing address: PO Box 7086 12 months North Brunswick, N.J 08902 High Moderate Low Telephone: 732 247-4124 NE t 4 Fax: 732 247-6810 Financial Stress Class: 1 Chief executive: KENNETH PHILLIPS, PRESIDENT Low risk of severe financial stress over the next 12 months Year started: 1885 High Modorate Low Management 1945 control: N" t 4 Employs: 65 (35 here) 12-Month D&B PAYDEX®: 74 History: CLEAR When weighted by dollar amount, payments to suppliers SIC: 3273 average 9 days beyond terms. 3271

Line of business: Mfg ready-mixed concrete, mfg concrete block/brick 1» days iJow 30 dayi itow Prompt

D&B Rating: 1R2 Formerly 1R3

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Number of employees: 1R is 10 or more employees. Composite credit 2 is good. appraisal:

0 fSfl

EXECUTIVE SUMMARY

The Financial Stress Class of 1 for this company shows that during the previous year, firms with this classification had a failure rate of 0.49% (49 per 10,000), which is lower than the national average.

The Credit Score class of 3 for this company shows that during the previous year, 12.3% of the firms with this classification paid one or more bills severely delinquent, which is lower than the national average.

Predictive Scores This Business Comments Financial Stress Class 1 Failure Rate lower than the national average Financial Stress Score 1500 Highest Risk: 1,001; Lowest Risk: 1,850 Credit Score Class 3 Probability of Severely Delinquent Payment is lower than the national average.

Other Xay Indicators PAYDEX Scores 9 days beyond terms Pays more slowly than the average for Its industry of 5 days beyond terms Industry Median 5 days beyond terms Present management control 121 years UCC Filings UCC flllng(s) are reported for this business Public Filings No record of open Sult(s), Lien(s), or Judgment(s) in the D&B database History Is clear

CREDIT CAPACITY SUMMARY

D&B Rating: 1R2 Number of employees: 1R Indicates 10 or more employees. Composite credit appraisal: 2 is good.

The 1R and 2R ratings categories reflect company size based on the total number of employees for the business. They are assigned to business flies that do not contain a current financial statement. In 1R and 2R Ratings, the 2, 3, or 4 creditworthiness indicator is based on analysis by D&B of public filings, trade payments, business age and other important factors. 2 Is the highest Composite Credit Appraisal a company not supplying D&B with current financial information can receive. For more Information, see the D&B Rating Key.

# of Employees Total: 65 (35 here) Payment Activity: (based on 16 experiences)

Average High Credit: $2,768 Highest Credit: $10,000 Total Highest Credit: $44,300

Jump to: Qy.erview Payments | P_ubJLC_Flii.ngs | History. & Operations Banking &_Finance

Scores httos://www.dnb.com/deUverv/25/254716/254716.COMH0.1181.3315596731.tng.print.ht... 1/25/2006 943660022 D&B Comprehensive Report: PHILLIPS COMPANIES Page 3 of 15

FINANCIAL STRESS SUMMARY

The Financial Stress Summary Model predicts the likelihood of a firm ceasing business without paying all creditors in full, or reorganization or obtaining relief from creditors under state/federal law over the next 12 months. Scores were calculated using a statistically valid model derived from D&B's extensive data files.

High Moderate Low Financial Stress Class: 1 f 4 3 1 1 Low risk of severe financial stress, such as a bankruptcy, over the next 12 months.

Incidence of Financial Stress

Among Businesses witti this Classification: 0.49% (49 per 10,000) National Average 1.40% (140 per 10,000)

Financial Stress National Percentlle: 84 (Highest RJsk: 1; Lowest Risk: 100)

Financial Stress Score: 1500 (Highest Risk: 1,001; Lowest Risk: 1,850)

The Financial Stress Class of this business is based on the following factors:

• No record of open suit(s), llen(s), or judgement(s) in the D&B files. • Control age or date entered In DSB files indicates lower risk. • 25% of trade experiences indicate slow payment(s) are present.

Notes:

The Financial Stress Class Indicates that this firm shares some of the same business and financial characteristics of other companies with this classification. It does not mean the firm will necessarily experience financial stress. The Incidence of Financial Stress shows the percentage of firms In a given Class that discontinued operations over the past year with loss to creditors. The Incidence of Financial Stress - National Average represents the national failure rate and is provided for comparative purposes. The Financial Stress National Percentile reflects the relative ranking of a company among all scorable companies in D&B's file. The Financial Stress Score offers a more precise measure of the level of risk than the Class and Percentlle. It Is especially helpful to customers using a scorecard approach to determining overall business performance. All Financial Stress Class, Percentile, Score and Incidence statistics are based on 2002.

Norms National

This Business 84

Region: MIDDLE ATLANTIC

Industry: MANUFACTURING

•Employee Range: _q 20-99

Years in Business: 0_ 26+ 82

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Financial Stress Norms Comparison

RMM=MIDDLE ATLANTIC I**lrtr» = MANUFACTURING Es»|4>m Ran9e = 20-49

This business has a Financial Stress Percentiie that shows:

• Lower risk than other companies in the same region. • Lower risk than other companies in the same Industry. • Lower risk than other companies in the same employee size range. • Lower risk than other companies with a comparable number of years in business.

CREDIT SCORE CLASS SUMMARY

The Credit Score class predicts the likelihood of a firm paying in a severely delinquent manner (90+ Days Past Terms) over the next twelve months. It was calculated using statistically valid models and the most recent payment information in D&B's files.

High Moderate Low Credit Score Class: 3 64)21 Moderate risk of severe payment delinquency over next 12 months.

Incidence of Delinquent Payment

Among Companies with this Classification: 12.30%

Credit Score Percentiie: 67 (Highest Risk: 1; Lowest Risk: 100)

The Credit Score Class of this business Is based on the following factors:

• Control age or date entered In D&B files Indicates lower risk. • No record of open sult(s), lien(s), or judgments(s) In the D&B files. • 25% of trade experiences indicate slow payment(s) are present. • Business does not own facilities.

Notes:

• The Incidence of Delinquent Payment is the percentage of companies with this classification that were reported 90 days past due or more by creditors. The calculation of this value Is based on an inquiry weighted sample. httDs://www.dnb.com/delivery/25/254716/254716.COMHQ.1181.3315596731.tng.print.ht... 1/25/2006 943660024 D&B Comprehensive Report: PHILLIPS COMPANIES Page 5 of 15

• The Percentlle ranks this firm relative to other businesses. For example, a firm in the 80th percentile has a lower risk of paying in a severely delinquent manner than 79% of all scorable companies In D&B's flies.

Credit Score Norms Comparison ; Norms National 1M This Business 67

iReglon: 43 MIDDLE ATLANTIC

1 Industry: 53 i MANUFACTURING

i Employee Range: 60 | ^20-99

| Years in Business: 70 1 26+

" MIDDLE ATLANTIC MANUFACTURING

This business has a Credit Score Percentile that shows:

• Lower risk than other companies in the same region. • Lower risk than other companies In the same industry. • Lower risk than other companies in the same employee size range. • Higher risk than other companies with a comparable number of years in business.

Jump to: Overview Scares. | Public Filings Histo_ryJLQp.era.ti.Qns_ BankJn_g__& Finance

Payments

PAYMENT TRENDS

Total Payment Experiences in DftB's 16 : \ Current PAYDEX is: 74 equal to 9 days File: beyond terms

Payments Within Terms: 87% ; Industry Median is: 77 equal to 5 days (not dollar weighted) beyond terms

; Payment Trend ^ K unchanged, 0 ! Total Placed For Collection: : currently is: ^if^^ compared to ^ payments three Average Highest Credit: $2,768 ; months ago

Indications of slowness can be the result of dispute over $10,000; Largest High Credit: merchandise, skinned invok:es. etc. Accounts are sometimp i placed for collection even though the existence or amount of Highest Now Owing: $5,000 the debt is disputed.

Highest Past Due: $2,500

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943660025 D&B Comprehensive Report: PHILLIPS COMPANIES Page 6 of 15

PAYDEX Scores

Shows the D&.B PAYDEX scores as calculated on the most recent 3 months and 12 months of payment experiences.

The D&B PAYDEX is a unique, dollar weighted Indicator of payment performance based on up to payment experiences as reported to D&B by trade references. A detailed explanation of how to read and interpret PAYDEX scores can be found at the end of this report.

j 3-Month DfcB PAYDEX: 73 12-Month D&B PAYDEX: 74 • When weighted by dollar amount, payments to When weighted by dollar amount, payments to i suppliers average 11 days beyond terms. suppliers average 9 days beyond terms.

i2oa«y» now Md*y*i4ow Prompt AntidpoM Prompt Anticipant

Based on payments collected over last 3 months. Based on payments collected over last 12 months.

PAYDEX Yearly Trend

12 Month PAYDEX Scores Comparison to Industry

2/05 3/0514/05 5/05^6/05 7/05i8/05 9/05 10/05 11/05'12/05 1/06 This Business 76 77 74 74 74 75 75 . 75 76 76 76 74 Industry Quartiles iUpper 80 80 80 80 JMedlan 77 77 77 77 Lower 70 70 71 70

Shows the trend In D&B PAYDEX scoring over the past 12 months.

1001 90-j

80- 1-7,6---^:—74- -74 74 -7.5 -75 -1 -74- 70- 60- PAYDEX 50-

30-| 20-j UN]

Feb- Mar- Apr- May- Jun- Jul- Aug- Sep- Oct- Nov- Dec- Jan- '05 '05 '05 '05 '05 '05 '05 '05 '05 '05 '05 '06

Last 12 Months Based on payments collected over the last 12 months.

- Current PAYDEX for this Business is 74, or equal to 9 days beyond terms -The 12-month high is 77, or equal to 5 days beyond terms - The 12-month low Is 74, or equal to 9 clays beyond terms

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PAYDEX Comparison to Industry

Shows PAYDEX scores of this Business compared to the Primary Industry from each of the last four quarters. The Primary Industry is Mfg ready-mixed concrete, mfg concrete block/brick, based on SIC code 3273.

Quarterly PAYDEX Scores Comparison to Industry

Current Year 3/O4 6/04 , 9/04 12/04 3/05 6/05 9/05 12/05 i This Business 69 75 76 •: 76 This Business 77 74 75 76 : Industry Quartiles Industry Quartiles i Upper 80 80 79 79 |Upper 80 80 80 80 i Median 77 77 77 77 I Median 77 77 77 77

' Lower 70 70 71 71 [Lower_ _70___70__L_7L_ _Z£_ J

1001 90- JJO 80 80-1 ~77t>STr7- 77" 70- T^ 70 70 71 70 60- PAYDEX

40- 30-j 20- UNJ I 1 Ql2005 Q2 2005 Q3 2005 Q4 2005

Last 12 Months Based on payments collected over the last 4 quarters.

Score Comparison Key: This Business A Industry upper quartile • Industry median T Industry lower quartile

- Current PAYDEX for this Business Is 74, or equal to 9 days beyond terms - The present industry median score is 77, or equal to 5 days beyond terms.

- Industry upper quartile represents the performance of the payers in the 75th percentile - Industry lower quartile represents the performance of the payers in the 25th percentile

Payment Habits

For all payment experiences within a given amount of credit extended, shows the percent that this Business paid within terms. Provides number of experiences used to calculate the percentage, and the total dollar value of the credit extended.

# Payment $ Total https://www.dnb.com/delJvery/25/254716/254716.COMHQ.1181.331559673i.tng.print.ht... 1/25/2006 943660027 D&B Comprehensive Report: PHILLIPS COMPANIES Page 8 of 15

$ Credit Extended

i Over 100,000 : 0%

: 50,000-100,000 o%

i 15,000-49,999 ;0%

! 5,000-14,999

; 1,000-4,999 i ; Under 1,000

0% 50% 100%

Based on payments collected over ttie last 12 months.

Payment experiences reflect how bills are met in relation to the terms granted. In some Instances, payment beyond terms can be the result of disputes over merchandise, skipped Invoices, etc.

PAYMENT SUMMARY

The Payment Summary section reflects payment information In D&B's file as of the date of this report.

There are 16 payment experiences In D&B's file for the most recent 12 months, with 14 experiences reported during the last three month period.

Below is an overview of the company's dollar-weighted payments, segmented by its suppliers' primary industries:

i Total Total Dollar Largest High Within Days Slow Rev'd Amts Credit Terms <31 31-60 61-90 90> ! (*) (*) (*) (%) (<*>) Top industries: Nondassified 3 5,250 2,500 100 . 0 0 0 0 ; Data processing svcs 2 11,000 10,000 50 ; 50 0 0 0 Security broker/deal 2 11,000 10,000 100 : 0 0 0 0 Short-trm busn credit 2 11,000 10,000 100 0 0 . 0 0 Misc publishing 2 300 250 100 0 0 0 0 Trucking non-local 2 200 100 100 0 0 0 0 Limestone mining 1 • 5,000 5,000 50 50 0 • 0 0 Mfg cleaning products 1 500 500 o ; 100 ; 0 0 0 Telephone communictns 1 50 50 100 0 0 0 0 Other payment categories: Cash experiences 0 0 0 Payment record unknown 0 0 0 Unfavorable comments 0 0 0 Placed for collections: With D&B 0 0 0 Other 0 N/A 0 Total in D&B's file 16 10,000

Trie highest Now Owes on file is $5,000 The highest Past Due on file is $2,500

Accounts are sometimes placed for collection even though the existence or amount of the debt Is disputed. Indications of slowness can be result of dispute over merchandise, skipped invoices, etc. https://vvwv.dnb.com/de]ivery/25/254716/254716.COMHO.n81.3315596731.tng.print.ht... 1/25/2006 943660028 D&B Comprehensive Report: PHILLIPS COMPANIES Page 9 of 15

PAYMENT DETAILS

Detailed payment history

Date Reported Paying Rec High Credit Now Owes Past Due Selling Terms Last Sale : (mm/yy) (*) ($) Within (*) ; .__ Cmonths) 01/06 100 100 0 ; N15 , 1 mo Ppt 100 0 0 : N15 6-12 mos 12/05 Ppt 10,000 0 0 N30 6-12 mos Ppt 2,500 1,000 0 1 mo Ppt 2,500 2,500 0 1 mo Ppt 1,000 0 0 ; N30 6-12 mos Ppt 1,000 1,000 0 Ppt 250 o : 0 : 2-3 mos Ppt 50 0 : 0 6-12 mos Ppt 50 50 0 1 mo Ppt-Slow 30 5,000 5,000 2,500 N30 1 mo 11/05 Ppt 250 0 0; 1 mo 10/05 Ppt-Slow 30 10,000 5,000 0 1 mo Ppt-Slow 30 1,000 750 : 0 1 mo 08/05 : Slow 30 500 500 500 :

12/04 ; Ppt 10,000 0 0 1 mo Payment experiences reflect how bills are met in relation to the terms granted. In some instances payment beyond terms can be the result of disputes over merchandise, skipped invoices etc.

Each experience shown is from a separate supplier. Updated trade experiences replace those previously reported.

Jump to: Overview | Score.s Payments | History, &_QRerations .Banking. & Finance

Public Filings

PUBLIC FILINGS

The following data includes both open and closed filings found In D&B's database on the subject company.

Record Type # of Records Most Recent Filing Date Bankruptcy Proceedings 0 Judgments 0 Liens 0 Suits 0 UCC's 18 05/03/2005

The following Public Filing data Is for information purposes only and is not the official record. Certified copies can only be obtained from the official source.

UCC FILINGS

Collateral: All Assets including proceeds and products - All Inventory including proceeds

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and products - AM Accounts receivable including proceeds and products - All Account(s) Including proceeds and products - and OTHERS Type: Original Sec. party: NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY, TRENTON, NJ Debtor: F.F. PHILLIPS, INC. Filing number: 22776273 Filed with: SECRETARY OF STATE/UCC DIVISION, TRENTON, NJ

Date filed: 01/14/2005 Latest Info Received: 02/02/2005

Collateral: All Assets and proceeds - All Vehicles and proceeds - All Equipment and proceeds Fype: Original See. party: INDEPENDENCE COMMUNITY BANK, NEWARK, NJ Debtor: PHILLIPS CONCRETE, INC., SOMERVILLE, NJ Filing number: 20996314 Filed with: SECRETARY OF STATE/UCC DIVISION, TRENTON, NJ

Date filed: 04/25/2002 Latest Info Received: 05/29/2002

Collateral: All Negotiable Instruments including proceeds and products - All Inventory including proceeds and products - All Account(s) including proceeds and products - All Oil, gas and minerals Including proceeds and products - and OTHERS Type: Original Sec. party: UNITEDTRU5T BANK, BRIDGEWATER, NJ Debtor: PHILLIPS CONCRETE, INC., SOMERVILLE, NJ Filing number: 2073709 Filed with: SECRETARY OF STATE/UCC DIVISION, TRENTON, NJ

Date filed: 11/08/2001 Latest Info Received: 11/30/2001

Collateral: Negotiable instruments Including proceeds and products - Inventory Including proceeds and products - Account(s) including proceeds and products - Timber including proceeds and products - and OTHERS Type: Original Sec. party: UNITEDTRUST BANK, BRIDGEWATER, NJ Debtor: PHILLIPS CONCRETE, INC., SOMERVILLE, NJ Filing number: 2073709 Filed with: SECRETARY OF STATE/UCC DIVISION, TRENTON, NJ

Date filed: 11/09/2001 Latest Info Received: 12/07/2001

Collateral: Negotiable instruments and proceeds - Inventory and proceeds - Account(s) and proceeds - Assets and proceeds - and OTHERS Type: Original Sec party: INDEPENDENCE COMMUNITY INVESTMENT CORP., NEWARK, NJ Debtor: F.F. PHILLIPS, INC Filing number: 22777089 Filed with: SECRETARY OF STATE/UCC DIVISION, TRENTON, NJ

Date filed: 01/10/2005 Latest Info Received: 02/02/2005

Collateral: All Inventory and proceeds - All Account(s) and proceeds - All General Intangibles(s) and proceeds - All Equipment and proceeds - All Chattel paper and proceeds Type: Original Sec. party: INDEPENDENCE COMMUNITY BANK, NEWARK, NJ Debtor: PHILLIPS CONCRETE, INC, SOMERVILLE, NJ and OTHERS Filing number: 21378362 Filed with: SECRETARY OF STATE/UCC DIVISION, TRENTON, NJ

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Date filed: 01/02/2003 Latest Info Received: 01/27/2003

Collateral: Inventory including proceeds and products - Accounts receivable Including proceeds and products - Account(s) including proceeds and products - General intanglbles(s) Including proceeds and products - and OTHERS Type: Original Sec. party: CAMBRIDGE CONCRETE CO INC, BOUND BROOK, NJ Debtor: PHILLIPS CONCRETE INC Filing number: 31141716 Filed with: SECRETARY OF STATE/UCC DIVISION, HARRISBURG, PA

Date filed: 01/06/2000 Latest Info Received: 02/04/2000

Collateral: Inventory including proceeds and products - Accounts receivable including proceeds and products - Account(s) including proceeds and products - General intanglbles(s) Including proceeds and products - and OTHERS Type: Original Sec. party: CAMBRIDGE CONCRETE CO., INC., BOUND BROOK, NJ Debtor: PHILLIPS CONCRETE, INC. Filing number: 1950897 Filed with: SECRETARY OF STATE/UCC DIVISION, TRENTON, NJ

Date filed: 12/28/1999 Latest Info Received: 02/16/2000

Collateral: All Account(s) Including proceeds and products - All Computer equipment including proceeds and products - All Chattel paper including proceeds and products Type: Original Sec. party: SUMMIT BANK, HACKENSACK, NJ Debtor: PHILLIPS CONCRETE, INC. Filing number: 1993128 Filed with: SECRETARY OF STATE/UCC DIVISION, TRENTON, NJ

Date filed: 08/21/2000 Latest Info Received: 09/U/2000

Collateral: Equipment and proceeds - Vehicles and proceeds Typ«: Original Sec. party: MCNEILUS FINANCIAL SERVICES, INC., DODGE CENTER, MN Assignee: ASSOCIATES COMMERCIAL CORPORATION, IRVING, TX Debtor: PHILLIPS CONCRETE, INC. Filing number: 1756158 Filed with: SECRETARY OF STATE/UCC DIVISION, TRENTON, NJ

Date filed: 03/25/1997 Latest Info Received: 04/29/1997

Collateral: Equipment Type: Original Sec. party: JOHN DEERE CONSTRUCTION & FORESTRY COMPANY, JOHNSTON, IA Debtor: F. F. PHILLIPS, INC. Filing number: 22962386 Filed with: SECRFFARY OF STATE/UCC DIVISION, TRENTON, NJ

Date filed: 05/03/2005 Latest Info Received: 05/24/2005 There are additional UCC's in D&B's file on ttiis company available by contacting 1-800-234-3867.

The public record Items contained In this report may have been paid, terminated, vacated or released prior to the date this report was printed.

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GOVERNMENT ACTIVITY

Activity summary Borrower (Dlr/Guar): NO Administrative debt: NO Contractor: NO Grantee: NO Party excluded from federal program(s): NO

Possible candidate for socio-economic program consideration Labor surplus area: N/A Small Business: YES (2006) 8(A)flrm: N/A

The details provided In the Government Activity section are as reported to Dun & Bradstreet by the federal government and other sources.

Jump to: Overview | Scores | Pay.ments | Public Filings | Banking & Finance

History & Operations

HISTORY

The following Information was reported 10/19/2004:

Offker(s): KENNETH PHILLIPS, PRES MICHAEL SPRAGUE, V PRES

DIRECTOR(S): THE OFFICER(S)

Business started 1945 by others. Present control succeeded 1971. 100% of capital stock is owned by the officers.

Corporation succeeded 1971.

KENNETH PHILLIPS born 1942. OCCUPATIONAL BACKGROUND: 1967 to present active with affiliate. 1971-present active here.

MICHAEL SPRAGUE born 1938. OCCUPATIONAL BACKGROUND: 1967 to present active with affiliate. Elected officer in subject in 1975.

AFFILIATES: Through similarity of officers:

(1) Harrison Supply Co Inc, Harrison, NJ. New Jersey corporation. Started 1927. Wholesales building supplies and ready mixed concrete. DUNS #00-252-7737.

(2) F F Phillips Inc, Somerset, NJ. New Jersey corporation, chartered 1945. Manufactures ready mixed concrete.

There are no intercompany relations between subject and affiliates.

Business address has changed from 945 Hwy 27, Somerset, NJ, 08873 to 945 Somerset St, Somerset, NJ, 08873.

CORPORATE FAMILY

For more details on the Corporate Family, view the interactive global family tree

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Buy Selected Report(s)

Branches (US): Select companies below to buy Business Information Report(s). n Phillips Co's Somervllle, NJ DUNS # Q8_rO_94-_9555

Q Phillips Companies Bridgewater, NJ DUNS # 86-125-2823

| | Phillips Companies Upper Black Eddy, PA DUNS # 05-882-1427

Buy Selected Report(s)

BUSINESS REGISTRATION

CORPORATE AND BUSINESS REGISTRATIONS PROVIDED BY MANAGEMENT OR OTHER SOURCE

The Corporate Details provided below may have been submitted by the management of the subject business and may not have been verified with the government agency which records such data.

Registered Name: PHILLIPS CONCRETE INC

Business type: CORPORATION Common stock Corporation type: PROFIT Authorized shares: 1,000 Par value: NO PAR VALUE Date incorporated: APR 27 1971 State of incorporation: NEW JERSEY

Where filed: DEFT OF STATE/DIVISION OF COMMERICAL RECORDINGS, TRENTON, NJ

OPERATIONS

10/19/2004

Description: Manufactures ready-mixed concrete (100%). Manufactures concrete block or brick.

Terms are net 30 days. Has 100+ account(s). Sells to builders and industrial concerns. Territory : Central and Northern New Jersey.

Season peaks spring through fall. Business slow winter.

Employees: 65 which Includes officer(s). 35 employed here. Employees peak to 30 during spring-fall and drop to 20 during winter.

Facilities: Rents premises In a multi story building.

Branches: Branch manufacturing plant is located at 340 Valley Rd, Hillsborough, NJ, where subject rents 3,000 sq. ft. in one story cinder block building.

SIC & NAICS

SIC: NAICS: 327320 Ready-Mix Concrete Manufacturing Based on Information In our file, D&B has 327331 Concrete Block and Brick assigned this company an extended 8-digit SIC. Manufacturing D&B's use of 8-dlgit SICs enables us to be more specific to a company's operations than If we use the standard 4-dlglt code.

The 4-digit SIC numbers link to the description on the Occupational Safety & Health https.7/www.dnb.cotn/deliverv/25/254716/254716.COMHO.H81.3315596731.tnfi.print.ht... 1/25/2006 943660033 D&B Comprehensive Report: PHILLIPS COMPANIES Page 14 of 15

Administration (OSHA) Web site. Links- open In a new browser window.

32730000 Ready-mixed concrete 32710000 Concrete block and brick

Jump to: Overview Scores I Payments I Public Filings I History.& Operations

Banking & Finance

BANKING

Summit Bank, Somerset, NJ

KEY BUSINESS RATIOS

D&B has been unable to obtain sufficient financial Information from this company to calculate business ratios. Our check of additional outside sources also found no information available on its financial performance. To heip you In this instance, ratios for other firms In the same Industry are provided below to support your analysis of this business.

Based on this number of establishments: 23

Industry Norms based on 23 establishments

; Business Industry Median Industry Quart Profitability Return on Sales UN 5.4 UN Return on Net Worth UN 21.3 UN Short-Term Solvency Current Ratio UN 1.6 UN Quick Ratio UN 1.2 UN Efficiency Assets Sales UN 49,6 UN Sales / Net Working Capital UN 10.0 UN Utilization Total Liabs / Net Worth UN 61.5 UN

UN = Unavailable

FINANCE

10/19/2004

Sources contacted verified information on Oct 18, 2004.

CUSTOMER SERVICE

If you have questions about this report, please call our Customer Resource Center at 1.800.234.3867 from anywhere within the U.S. If you are outside the U.S. contact your local D&B office. httDs://www.dnb.corn/deliverv/25/254716/254716.COMH0.1181.3315596731.tne.T)rint.ht... 1/25/2006 943660034 D&B Comprehensive Report: PHILLIPS COMPANIES Page 15 of 15

*** Additional Decision Support Available ***

Additional D&B products, monitoring services and specialized investigations are available to help you evaluate this company or its industry. Call Dun & Bradstreet's Customer Resource Center at 1.800.234.3867 from anywhere within the U.S. or visit our website at www.dnb.com.

Copyright 2006 Dun & Bradstreet - Provided under contract for the exclusive use of subscriber 263725069L

httt»s://www.dnb.com/deliverv/25/254716/254716.COMHO.1181.3315596731.tne.Druit.ht... 1/25/2006 943660035 943660036 The PffllLIPS Companies Page 1 of2

Over 100 Years

PHILLIPS History The first Phillips Company was founded in 1885 by Edward Everett Phillips, a builder in Jersey City. It was a lumber yard on the Morris Canal in Newark to provide his building supply needs. The lumber yard burned down just after the turn of the century, and he moved the company to the present site in 1904. This is a picture of the yard in 1904 drawn by his father Frederick Pansing, a German immigrant who became a well known artist of the Hudson River School.

Edward Everett Phillips & Phamily

For information about this site or to report site issues, contact THE tfte Webmaster here. PHILLIPS Companies

Notice: All registered Trade Marks and Service Marks are the property of their respective organizations and owners. SOOPassaicAve Harrison, NJ 07029 Ph: 973-483-4494 Fax:973-483-4411

http://vAV\v.thephillipscompanies.coni/aboutus.htm 1/24/2006

943660037 i The PffllLIPS Companies Page 2 of2

http://www,thephillipscompani es.com/aboutus.htm 1/24/2006

943660038 Page 1 of2

For over 100 years, the PHILLIPS Companies has been providing service excellence and quality products to building industry There Goes Another PHILLIPS Delivery professionals and home owners.

We specialize in Ready Mix Concrete and Concrete Block production with delivery services for Commercial Jobs and home owner projects. We also supply Flowable Information Prices Fill, SPEC MIX, Masonry Supplies, Rebar Services, Building Materials, Brick, Pavers, Landscaping Products, Specialties, Chemicals, bulk Sand and Stone. SOFSCAPE » Rubber PAVERS With eight locations in New Jersey and Pennsylvania, PHILLIPS long history has proven over time that there is no substitute for quality and Organic Joint Sand service. Stabilizer Additive

TAHOE CornerStom IN-GROUND WALl SYSTE.M LANDSCAPE LIGHTING

PITTSBURGH CORNING GLASS SHOVS€R ENCLOSURES

Quick Links.... MESA Gardener Units > Sofscape Pavers l> Glass Blocks > Quikcrete Products > Mixers and Saws by IMER USA ^ Watsontown Brick > Anti Hydro fr Fibermesh and Novocon

How about a Concrete Quiz?

Just exactfy...What is Concrete? What is the ... History of Concrete?

http://www.thephillipscompanies.cojm/detaiL2.htm 1/24/2006

943660039 Page 2 of2

For information about thb site or to report site issues, OLJ II I I n o contact the Webmaster here. rnlLLIro Companies Notice: All registered Trade Marks and Service Manes are the property of their respective 800 Passaic Ave organizations and owners. Harrison, NJ 07029 Pti: 973-483-4494 _ Fax- 973-483-4411 This site optimized for best viewing with Microsoft® internet Explorer. Download IE 6 here.

httrj:/Avww.thephillipscompanies.comydetail2.htm 1/24/2006

943660040 The PHILLIPS Companies Pagel ofl

THE PHILLIPS COMPANIES CONCRETE - BLOCK - BHICX REBAR

...Sine* 1885 PAVING STONES - RETAINING WALLS

http://www.thephillipscompanies.comfaanner.htm 1/24/2006

943660041 PHILLIPS Contact Request Page 1 of 2

Contact The PHILLIPS Companies New Jersey You can have complete confidence when sending contact Locations requests to the PHILLIPS Companies. Our rigid control measures Harrison Supply insure your confidential information is handled with the highest Company Harrison, NJ professional standards. No information is ever sold or borrowed to other companies or organizations. Clinton Block "'Clinton, NJ New Location Your Name:

E-Mail: F.F. PHILLIPS Somerset, NJ Phone:

City: , State: PHILLIPS Concrete Hiifsoorough, NJ Zip Code: FF PHILLIPS Enter your comments, questions, information requests or quote Raritan Center requests below: Edison, NJ

PHILLIPS Concrete Bridgewater, NJ

Sussex Block & Suppjy Sparta, NJ

Submit Query Reset Eastern PA Location PHILLIPS Concrete Upper Slack Eddy, PA

For information about this THE site or to report site PHILLIPS Companies issues, contact trie Webmaster here.

500 Passaic Ave Notice: All registered Harrison, NJ 07029 Trade Marks and Service Ph: 973-483-4494 Marks are the property of Fax: 973-483-4411 their respective organizations and owners.

http://www.thephillipscompanies.com/phillipscontact.htm 1/24/2006

943660042 PHILLIPS Contact Request Page 2 of 2

http://wwvt'.thephillipscompanies.com/phillipscontact.htm 1/24/2006

943660043 943660044 \

Christine Todd Whilman Department of Environmental Protection Robert C. Shinn,Jr. Governor Commissioner

December 20, 2000

Mr. Joseph N. Schmidt Drinker Biddle & Shanley LLP 105 College Road East, Suite 300 PO Box 627 Princeton, NJ 08542-0627

Re: TYPE OF APPLICATION: LNA Application NAME: Harrison Supply Company, Inc. (Harrison) ADDRESS: 800 Passaic Avenue MUNICIPALITY: See attached (able COUNTY: See attached table APPLICATION NO: N20004060

Dear Mr. Schmidt:

This is in response to your application received November 28, 2000 concerning the applicability of the Industrial Site Recovery Act (ISRA) to the above referenced establishment relative to the sale of assets and subsequent stock sale of Blue Circle. (Blue Circle, an unrelated entity to Harrison, is the exclusive purchaser of concrete produced by Harrison, pursuant to a ten-year exclusive supply/truck lease agreement entered into by the parties in 1993.) On the basis of the sworn statements set forth in the affidavit signed by Michael Oentoso, the Department finds that the Blue Circle transactions do not subject the above referenced establishment to the provisions of ISRA.

This decision is made on the basis that the exclusive supply/truck agreement between Blue Circle and Harrison, does not result in a determination that Blue Circle is the owner or operator of the Harrison industrial establishment. In addition, the acquisition of the stock of Blue Circle by US Concrete will not result in a future determination that US Concrete is the owner or operator of the Harrison industrial establishment. Any inaccuracies in the affidavit or subsequent changes in the facts as stated therein could alter the Department's determination.

The inapplicability of the Industrial Site Recovery Act to this transaction does not relieve the above referenced establishment of any responsibilities under any other environmental statutes, regulations or permits. In addition, this determination of ISRA inapplicability does not constitute any finding by the New Jersey Department of Environmental Protection as to the current site condition or existence or nonexistence of any hazards to the environment at this location.

Should you have any further questions regarding this matter, please contact Jim Bono at (609) 777-0899.

Sincerely,

James J. Bono, Supervisor Applicability Unit

New Jersey i5 an Equal Opportunity Employer Recycled Paper

943660045 COUNTY CITY BLOCK LOT Hudson East Newark Borough 14 1 Hudson East Newark Borough 14 47 Hudson East Newark Borough 16 17 Hudson East Newark Borough 18 1 Hudson East Newark Borough 18 2 Hudson East Newark Borough 18 5 Hudson East Newark Borough 18 6

943660046 CASE £N2000_ Transaction Type DATE REC'D: 1 - Sale of Property 2 - Sale of Business TRANSACTION TYPE:. 3 - Business Ceasing Oper 4 - Refinancing SIC S: 5 - Sale of Stock in Corp 6 - Condemnation HAZARDOUS SUBSTANCE: 7 - Bankruptcy 8 - Corporate Merger SUBJECT ( YES / NO . 9 - Prtnrshp Situat-on Chance 10 - Int'ra Family CONTACT: 11 - Corporate Reorg 12 - Sale of Assets LETTER S: 13 - Other 14 - Sale of Prop. & Business INSPECT.: YES / NO S OF SITES 15 - Sale of Prou. & Cessation DATE OF INSPECTION:

SUPPLEMENTAL INFO DATE:

DEFICIENT: (YES / NO): LETTER £:

CHRONOLOGY OF EVENTS FOR LNA INVESTIGATION

DATE SUMMARY f

943660047 •Jl Joseph N. Schmidt, Jr. DrinkerBiddle&Shanley 609-716-6578 J A Pennsytvania Limittd Liability Partnership ^- L L t [email protected]

105 College Road East November 27, 2000 Suite 300 P.O. Box 617 Via Federal Express Princeton, N'J 08541-0517 James J. Bono, Supervisor Industrial Site Evaluation Element 609-736-6500

609-799-7000 FAX NEW JERSEY DEPARTMENT OF ENVIRONMENTAL www. dbr.com PROTECTION 401 East State Street, Fifth Floor

PRINCETON Trenton, New Jersey 08625-0028

FLORHAMPARK Re: ISRA Non-Applicability Application irinkerBiddle&ReathLLP For Harrison Supply Company, Inc. PHILADELPHIA 800 Passaic Avenue, East Newark

VYA5.HIVG70N Hudson County. New Jersey

Dear Mr. Bono:

Blue Circle Materials Inc. ("Blue Circle") conducts both an aggregate business as well as a ready-mix concrete business. It submits the attached Industrial Site Recovery Act ("ISRA") Non-Applicability Application in anticipation of the sale of the assets of its aggregate business to Oldcastle, Inc. ("Oldcastle") on or before December 31, 2000, and the coincident sale of all of Blue Circle's stock to US Concrete Inc. ("US Concrete").

Blue Circle Raia, Inc., now operating as Blue Circle, entered into a ten-year exclusive supply agreement with Harrison Supply Company, Inc. ("Harrison") on or about May 1, 1993. Harrison operates as a ready-mix concrete and aggregates supplier and retail mason supply store at 800 Passaic Avenue in East Newark, Hudson County, New Jersey ("Property"). Harrison has operated its business at the Property since 1927.

Under the exclusive supply agreement, Blue Circle is the exclusive purchaser of concrete from Harrison's plant and facility at the Property. As part of this supply agreement, Blue Circle and Harrison also entered into a truck lease agreement. Harrison, as lessor, leases to Blue Circle approximately fifteen trucks owned by'Harrison and" located at and/or used in connection with Harrison's concrete business operated out of the

Jonathan I. Epstein, Property. No assets of Harrison were sold to Blue Circle under the terms of the exclusive Partner responsible supply and truck lease agreement. The details of the exclusive supply and truck lease for Princeton O/Jice agreement are set forth in an April 14, 1993 "Supplemental Non-Applicability Certification on Behalf of Harrison Supply Company" executed by Kenneth E. Phillips, President of Harrison (See Attachment A-l of Attachment A of the ISRA LNA Application). Mr. Phillip's certification was made in support of an Environmental Cleanup Responsibility Act Non-Applicability Application approved by the Department on April 20, 1993 (See Attachment B of the ISRA LNA Application). SARY 'I849-J999

PRV333687U

943660049 DrinkerBiddle&^hariley

James J. Bono, Supervisor November 27, 2000 Page 2

Therefore, Blue Circle formally requests the Department's written confirmation that: 1) reconfirms the April 20, 1993 decision by the Department that the exclusive supply and truck lease agreement between Blue Circle and Harrison does not result in a determination that Blue Circle is the owner or operator of an industrial establishment located at the Property; 2) confirms that the acquisition of the stock of Blue Circle by US Concrete does not result in a determination that US Concrete is the owner or operator of an industrial establishment located at the Property; and 3) the provisions of ISRA do not apply to the Property as a result of the asset sale between Blue Circle and Oldcastle and the proposed stock transaction between Blue Circle and US Concrete.

As required, an administrative fee check for $200.00 made payable to the "Treasurer, State of New Jersey" is enclosed for the Department's review of this ISRA Non-Applicability Application.

Thank you in advance for your assistance in this important matter. Please do not hesitate to contact me with any questions.

Xseph N. Schmidt, Jr. '

JNS I Attachments and | Check Enclosed

cc: William L. Warren, Esq.

PR\3336ST,I

943660050 02/98

NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION INDUSTRIAL SITE EVALUATION ELEMENT P.O. BOX 432, TRENTON, NJ 08625-0432

INDUSTRIAL SITE RECOVERY ACT (ISRA)

APPLICABILITY/NONAPPLICABILITY AFFIDAVIT

The purpose of this Affidavit is to obtain an Applicability/Nonapplicability Determination from the New Jersey Department of Environmental Protection pursuant to the industrial Site Recovery Act, N.J.S.A. 13:lK-6 et seq. Fee is $200.00. Please make checks payable to "TREASURER, STATE OF NEW JERSEY".

NOTE: All sections of this application shall be completed or it will be returned.

PLEASE TYPE OR PRINT

Date November 21. 2000

A. Determination of Applicability/Nonapplicabiiity should be mailed to the following:

Name (Mr./Mrc./Ms.) Joseph N. Schmidt. Jr.. Esq. Company Drinker Biddle & Shanley LLP. ____ Address IPS College Road, East, Suite 300. P.O. Box 627 City or Town Princeton County Mercer State New Jersey Zip Code 08542-0627 Tele. No. (609)716-6578

B. Name of Business Harrison Supply Company. Inc. Standard Industrial Classification (SIC) Number 3273

C. Property Location for which request is being transmitted:

Street Address 800 Passaic Avenue Tax Blockfs) 14. 16 & 18 Tax Lot(s) 1 & 47. 17. 1.2, 5 &6 Municipality East Newark County Hudson State New Jersey Zip Code 07029

D. Transaction for which the Applicability/Nonapplicability Determination is requested: (Check appropriate transaction.) *Please attach a detailed description of these transactions.

1. _____ Sale of Property 7. Bankruptcy 2. Sale of Business 8. Corporate Merger* 3. _____ Business Ceasing Operations 9. Partnership Situation Change* 4. Refinancing/Construction Loan 10. ______Intra Family 5. x Sale of Stock in Corporation* 11. Corporate Reorganization 6. Condemnation 12. x Sale of Assets x Other: (Explain) Supply Agreement and Truck Lease Agreement (See Attachment A).

PR\332843\1 11/27/00 1 1:37 AM

943660051 Date of Planned Transaction: 12/31/00 (.See Attachment A). Purchaser:

Name (See Attachment A). Address ______^ City or Town County State Zip Code_

E. Operations'.

1.) The property owner and/or operator must completely describe in detail the operations and processes conducted at the site including a list of all tenants, their operations and processes, occupying any part of the property since December 31, 1983. (Attach additional sheets, if necessary.)

Harrison Supply Company. Inc.. the sole tenant of the premises since 1927, operates a ready-mix concrete plant and aggregates business and a retail mason supply store.

2.) If the property described above is vacant land, does the owner described in F below own contiguous property. Yes x No (If yes, please describe onsite operations.)

F. Current Owner of the Property for which an Applicability/Nonapplicability Determination is requested:

Name Philbro. Inc. Street Address 800 Passaic Avenue Municipality East Brunswick State JNew Jersey Zip Code 07209 Tele. No. (201)483-4495

G. History:

1. Previous Owners and history of on-site operations since December 13, 1983, (Attach additional sheets, if necessary.)

Name Address Date/Operations None. — — -

2. Is this site currently or has this site previously been the subject of any other ECRA or ISRA review?

x Yes No If yes, please provide case number: 4/20/93 ISRA Letter of Non- Applicabililv Approval rN31162). (See Attachment B).

PRV332843M 11/27/00 11:37 AM

943660052 H. Hazardous Substances or Wastes: (This information is only required if the facility or business has a subject SIC.) Not Applicable.

List all types and quantities of hazardous substances and hazardous wastes as defined at N.J.A.C. 7-.1E-1.7 and N.J.A.C. 7:26-1.6 respectively, including but not limited to petroleum products, that are generated, manufactured, refined, transported, treated, stored, handled or disposed at the property, both above and below ground.

I. How is the building(s) heated? (Oil, Gas, Electric) oi] _ If Oil, how many tanks? _ 1. Storage capacity of each _ 500 gallons _ Above or below ground_ below

J. Was the building(s) ever heated by oil? _ Yes _ No If so, when? Not Applicable.

CERTIFICATION:

The following certification shall be signed by a duly authorized person pursuant to the requirements of N.J.A.C. 7:268-1 .6(e) as follows:

a. For a corporation, by a principal executive officer of at least the level of vice president; b. For a partnership or sole proprietorship, by a genera! partner or the proprietor, respectively; or c. For a municipality, State, Federal or other public agency, by either a principal executive officer or ranking elected official.

I certify under penalty of law that -I have personally examined and am familiar with the information submitted in this application and all attached documents, and that based on my inquiry of those individuals immediately responsible for obtaining the information, to the best of my knowledge the submitted information is true, accurate and complete. I am aware that there are significant civil penalties for knowingly submitting false, inaccurate, or incomplete information and that I am committing a crime of the fourth degree if I make a written false statement which I do not believe to be true. I am also aware that if I knowingly direct or authorize the violation of N.J.S.A. 13:1 K-6 et seq., I am personally liable for the penalties set forth at N.J.S.A. 13:1K-I3.

Tvped/Printad Name v. «~ v 6-- ^ ^ j cc, , ± i\ Title / / Date / ' /ZZ ' Ift ft0

Sworn to and Subscribed Before Me on this

Date of / I o i>g,m \>( / 20

.{AT Notary

PRA332S43M 11/16/00 1:43 PM

943660053 Have you enclosed a check or money order for $200? x Yes No

Check Number /*/2~/#

Have you included the original signature of the owaer or operator? _£_Yes No

Has the certification been properly notarized? _^_Yes No

PR\332843\1 11/27/0011:37 AM

943660054 ATTACHMENT A Harrison Supply Company, Inc. ISRA Letter of Non-Applicability Application

Blue Circle Materials Inc. ("Blue Circle") conducts both an aggregate business as well as a ready-mix concrete business. Blue Circle is planning the sale of the assets of its aggregate business to Oldcastle, Inc. ("Oldcastle") on or before December 31, 2000, and the coincident sale of all of Blue Circle's stock to US Concrete Inc. ("US Concrete").

Blue Circle Raia, Inc., now operating as Blue Circle Materials, Inc. ("Blue Circle"), entered into a ten-year exclusive supply agreement with Harrison Supply Company, Inc. ("Harrison") on or about May 1, 1993. Harrison operates as a ready-mix concrete and aggregates supplier and retail mason supply store at 800 Passaic Avenue in East Newark, Hudson County, New Jersey ("Property")- Harrison has operated its business at the Property since 1927.

Under the exclusive supply agreement, Blue Circle would be the exclusive purchaser of concrete from Harrison's plant and facility at the Property. As part of this supply agreement, Blue Circle and Harrison also entered into a truck lease agreement. Harrison, as lessor, leases to Blue Circle approximately fifteen trucks owned by Harrison and located at and/or used in connection with Harrison's concrete business operated out of the Property. No assets of Harrison are sold to Blue Circle under the terms of the exclusive supply and truck lease agreement. The details of the exclusive supply and truck lease agreement are set forth in an April 14, 1993 "Supplemental Non-Applicability Certification on Behalf of Harrison Supply Company" prepared by Kenneth E. Phillips, President of Harrison (See Attachment A-l of Attachment A). Mr. Phillip's certification was made in support of an Environmental Cleanup Responsibility Act Non-Applicability Application approved by the Department on April 20, 1993 (See Attachment B of this ISRA LNA Application).

PR\332809\1

943660055 Attachment A-l

SUPPLEMENTAL NON-APPLICABILITY CERTIFICATION ON BEHALF OF HARRISON SUPPLY COMPANY

PREMISES: 800 Passaic Avenue, East Newark, Hudson County, New Jersey Lot 1+47, Block 14, 16, 18 Lot 17 Lot 1, 2, 5 & 6

KENNETH E. PHILLIPS, of full age, certifies:

1. I am the President of Harrison Supply Co. ("HSC"), a New

Jersey corporation, sole tenant at 800 Passaic Avenue, East Newark,

New Jersey (the "Preinises") , under a Lease with Philbro, Inc., a

New Jersey corporation, as Landlord.

2. HSC uses the Premises solely for the manufacture, distribution and sale of ready-mix concrete and the retail sale of mason supply merchandise, including sand, cinder blocks, patio blocks, bricks, and other mason supplies.

3. The SIC number of HSC is 3273 (Major Group 32).

4. HSC has been the primary tenant at the premises since

1927.

5. HSC intends to enter into a ten-year exclusive supply agreement with Blue Circle Raia, Inc. ("BCR"). BCR would be the exclusive purchaser of concrete from HSC's plant and facility at the Premises. In connection therewith,_IiSC_wpuId also enter into a Truck Lease Agreement with BCR whereby HSC, as Lessor, would lease to BCR, as Lessee, a portion of HSC's ready-mix concrete trucks owned by it and located at and/or used in connection with the East Newark concrete business operated out of the Premises.

There will be no sale of HSC's assets to BCR under the terms of the

Supply Agreement. Further, the trucks being leased to BCR in

943660056 connection with this transaction represent approximately 12 percent of the book value of HSC's total assets, as reported to me by HSC's accountant^, McManus and Company.

6. The salient points of the proposed Supply Agreement between HSC and BCR are as follows:

a.) HSC will sell the ready-mix concrete produced at the Premises exclusively to BCR for a term of ten years, during which BCR obligates itself to purchase certain minimum quantities, each calendar year. In light of BCR's commitment to purchase significant quantities of ready-mix concrete from HSC, BCR will agree to undertake certain obligations, consisting of specific contracts to sell to certain customers of HSC. On the other hand, BCR does not undertake to assume all of HSC's obligations or liabilities and certain specific liabilities, such as rent, insurance and maintenance of certain areas of the Premises remain the obligation of HSC. In addition, although BCR shall be entitled to use HSC's ready-mix concrete manufacturing facilities at the Premises, such use shall be subject to the control and superior rights of HSC, in the event of a breach of the Supply Agreement by BCR.

b.) BCR shall pay to HSC a certain price per yard of concrete ordered and received by BCR (subject to a minimum yardage charge in connection with the costs of manufacture) and HSC will be entitled to royalty payments as a result of its decision to sell the ready-mix concrete solely to BCR.

c.) The Supply Agreement also contemplates the " " " pas~s^"through"of~ the"actual costs incurred in the production of the ready-mix concrete from HSC to BCR. This pass-through includes ordinary and necessary expenses, such as the actual cost of raw materials used in the production of the concrete, but excludes certain costs which are unrelated to the production of the ready-mix concrete at the Premises. These excluded costs remain the obligation of HSC.

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943660057 d. While BCR will be entitled to use the facilities at the Premises needed to produce the ready-mix concrete, certain areas, such as the vehicle repair and maintenance facility will be used by both HSC and BCR. In addition, HSC will retain exclusive use of the office and the area where HSC will continue to sell mason supply materials directly to the public.

e.) HSC, although entitled to reimbursement from BCR of actual costs incurred in the production of the ready-mix concrete, will continue to make the actual payments to suppliers of the raw materials, thus continuing to issue purchase orders and make payments in the normal course of business. BCR undertakes to perform normal maintenance on the ready-mix concrete plant at the Premises.

f.) The Agreement is scheduled to commence at 12:01 a.m., eastern daylight time, on May 1, 1993 and terminate ten years therefrom. The Agreement may be terminated or abandoned by mutual agreement of HSC and BCR, or by either BCR or HSC at any time during the course of the Supply Agreement term if either materially breaches a representation or warranty or the site can no longer operate as a ready-mix concrete manufacturing and distribution point.

g.) The consummation of the Agreement is subject, among other things, to the obtainment by HSC of a Non-Applicability Letter from the New Jersey DEPE determining that the transaction contemplated does not require approval of KJDEPE pursuant to the environmental laws of the State of New Jersey.

h.) With respect to BCR employees who will be Tb~ca'tecT~lftri:he pre~mises,~~B~CR will be retired to maintain its own workers compensation insurance, keep its own payroll, maintain its own insurance contracts and indemnify HSC for any loss incurred or suffered by HSC with respect to BCR's failure to perform or material breach of the terms of the Supply Agreement. HSC remains responsible for indemnifying BCR against any losses incurred as a result of its failure to perform or material breach of the Supply Agreement. The

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943660058 Supply Agreement shall include the following clause:

Nothing herein shall be construed or read for the proposition that BCR is a successor of Harrison in the East Newark concrete business, which Harrison will continue to own and operate, and BCR expressly disclaims that it is Harrison's successor in the East Newark concrete business.

7. In addition to the Supply Agreement, BCR and HSC intend to

enter into a Truck Lease Agreement for the lease of approximately

fifteen ready-mix concrete trucks owned by HSC and located and/or

used in connection with the East Newark site. These trucks

constitute only a portion of the HSC ready-mix concrete trucks, the

balance of which will continue to be used by affiliated companies.

The Truck Lease is also intended to commence May 1, 1993 and run

for a period of ten years, subject to the right of BCR, as Lessee,

to terminate the Lecise with respect to any one or more vehicles

after the fifth anniversary, and either elect to purchase the

vehicle or return it to the Lessor. If the Lessee intends to

purchase the vehicle,, he must do so at the Fair Market Value which

is defined as "the price which a willing buyer other than a Lessee would pay a willing seller under no compulsion to sell, as agreed by Lessor _and Lessee from time to time." Further., if any vehicle

is purchased by the Lessee prior to its scheduled life, Lessee remains responsible for the minimum scheduled payments. In addition, the Lessee is obligated to make all necessary repairs and adjustments, after an initial ninety day warranty period and to pay all applicable state motor vehicle license and/or load permit fees.

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943660059 The Lessee is obligated to maintain, at its cost, standard automobile liability insurance naming the Lessor as an additional named insured with certain specified limits of coverage.

8. The obligations of Blue Circle Raia, Inc., a New Jersey corporation on both the Truck Lease and the Supply Agreement are being guaranteed by BCR's corporate parent, Blue Circle America,

Inc.

9. I certify under penalty of law that the information provided in this document is true, accurate and complete. I am aware that there are significant civil penalties for knowingly submitting, inaccurate or incomplete information and that I am committing a crime of the fourth degree if I make a written false statement which I do not believe to be true. I am also aware that if I knowingly direct or authorize the violation of N.J.S.A. 13:1K-

6r et seq. , I am personally liable for the/p"5rialties set forth in N.J.S.A. 13:1K-13.

Dated: April /V, 1993 NEtH E. PHILLIPS

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943660060 943660061 COKNELL, FOLEY ft CEISER ATTORNEYS AT LAW

85 UVTNCSTON AVENUE

M.ITH A K-RAUli (201) 535-O5OO WAU1UIN A. cjLiHN T cm* K I AN M Y, J* PiMTUCK. J MCAIJLHY T1MOTKT f. yuoT LAfO^rr CAV rr.rtR J. nrzi FAX: (20!) 535-92)7 urn A. MUCHM JOHN ». LA VTCCHIA HUDI W1UJ5 C.tOR.C.1 J. IUNWY PLOHIkT I. KTAK WMrt*'S DIPUCT DIAL. JOHN D. ClLOMIl CMCORY r. LtAKT TMOMAi /• UHAN KtNNlTK J.KUNIMAN MICHAIL x. UCIKIDI [200 533- cvr r. LYTLM VlWUtL D. LOU> JtFFtU.r W. WORTAS JOHN V. f]TJCIi»O>J VlWCtMT I. fc*CCtARY MCMAJLD D.CATtWACCI DOKAU> J.MACLACHLAH ANCll^ A. tUiO WILLIAM T. MCCLOIH MCHAHJD J. i^OOl_ATO FATH.ICIA J, riNOAX FATTUCK J. Ht/CHr* »R.C.WCkAM JUDC* PETT.H o. MAKAKAN ^KTZR J. iMITW GlORCt H. PAJLAtLXi, til MAJU1AICET M.CA01CAM JOHN ft. Ml/WCAY *MAN c. irtULtR. JOHM H, CRJLCOKT r. co*« MAIUC L. FLIDC* r-KAMK. A. LATTAL WlULf AM J. C*OSJ JtPkOWF M. CYXti JVDtTH A. WAHMKiCKCER T, ^AOIR JAM 15 IP. MCVSAAOH KEVIN J. COAAUY PHJLIP f . MCCOVIIW, JK, O SMITH CATHlK,r>»I J. NIlTZIL UUOA A. PALAZJEOLO KAAtH MVhnnn. <>^SCDY CATMLltN M,ClHtL JOHN F. NtAKY 3TTPHIN D. MNK^JU> >UKN£TW t. AAVWOKO f- LYOWJ, .;*. rA^JTT^ JLAWDALL M1CHA2L 5. THOMAi J.COJMA April 15, 1993 THOMAS », MAXCAJULT L, MO1U R^,TXL££S 5. MUKTKY JOKW r. tAClT TXOMAJ I W/U.SH. J*.

James J. Bono, Supervisor Bureau of Applicability and Compliance Industrial Site Evaluation Element CN-028 Trenton, New Jersey 08625

RE: HARRISON SUPPLY COMPANY w. BLUE CIRCLE RAIA, 'iNC. '- Premises: Philbro, Inc. '" 800 Pasuaic Avenue, East Newark, NJ 07029 ,.., Lot 1+ 47, 17, Block 14, 16, 18 "".' 1, 2, 5, +6 <-'

Dear Mr. Bono: _. t-o Please be advised that this office represents Harrison Supply Company, the tenant at the referenced premises and Philbro, the " • '•••,» -, ' t s;"''-, f^c -V* landlord of the premises, and that Harrison supply Company proposes to enter into a Supply Agreement for the long term supply of concrete and Truck Lease Agreement for the lease of a portion of Harrison Supply Company's ready-mix concrete truck fleet with Blue Circle Raia, Inc., a New Jersey corporation.

Enclosed is a Non-Applicability Affidavit by Edwin H. Phillips, CEO of Philbro, Inc., together with a Supplemental Non- Applicability Certification by the tenant and sole user of the premises, Harrison Supply Company, a ready-mix concrete and aggregates supplier and retail mason supply store. Please confirm that the transaction described, which involves the long-term exclusive supply of ready-mix concrete out of the Harrison Supply Company plant in East Newark, New Jersey and the lease of a portion of Harrison Supply Company's ready-mix concrete trucks, does not constitute a transaction involving the closing, terminating or transferring of operations of an industrial establishment within the ambit of ECRA and is not otherwise subject to ECRA approval.

943660062 Jamao J. Bono, Supervisor April 15, 1993 Page 2

Similarly, pl«a»« confirw that th« t«r«ination of thi» long term exclusive Supply Agreement will not constitute a transaction involving tha closing, terminating or tran«f«rring of operations of an industrial establishment within th« ambit of ECRA and i» not otherwise subject to ECRA approval. Also enclosed is Philbro, Inc. 's certified check in the amount of $200.00 to cover the cost of the Non-Applicability Determination. Please note that the underlying transaction is scheduled to be consummated and the operations conanenced effective May 1, 1993. Since this involves certain actions which must be accomplished prior to May 1, 1993 it is respectfully and urgently requested that this LNA application be processed at the earliest possible time. Should you have any questions regarding any of the material enclosed herewith, please do not hesitate to contact ne by telephone.

Very truly yours,

MARK L MLF:rms/36608 enclosure cc: Harrison Supply company

943660063 tC*A>«0» NEW ratSBY MTAJtrWENT OP ENVIRONMENTAL rHOTBCTON DCVUIONOPKAZAJIDOOS WASTE HANAOeMBfT INDUSTRIAL SITE EVALUATION ELEMENT CN 02*, TRITON. N J. owu-ooa ENVIRONMENTAL CLEANUP RESPONSEO-fTY ACT (ECRA) APPLICABlUTY/NONAPPLtCABILrTY AFFIDAVIT

The purpose of this Affidavit is to obtain an Applicability/NoriapplicabilHy Determination from the New Jersay Department of Environmental Protection pursuant to the Environmental Cleanup Responsibility Act, N.J. S.A. l3:1K-6 af_jgp, and N.J.A.C. 726B-1.9. Fee is &00.00.

NOTE: AH sections of this application shall be completed or ft win be returned.

PLEASE TYPE OR PRINT ,- JCT ' April If, 1993

A. Determination of Appllcability/Nonapplicabilrty should be mailad to the following: Name Mark L. Fleider, Esq., Connell, Foley & Geiser Address 85 Livingston Avenue City of Town Rose land _ County Essex Slate New Jersey Zip Code 07068 Tele. No. (,201 ) 535.-0500 B. Nam« of Business Harrison Supply Company Standard Industrial Classification (SIC) Number 3273

C. Property Location for which request te being transmitted: ' ' Street Address 300 Passaic Avenue, East Newark, New Jersey , J Tax Btock(s) .14, 16, 18 Tax Lot(s) 1+47, 17, 1 , 2/-fr + ~6._ | Municipality East Newark County Hudson State New Jersey Zip Code 07029

D. Transaction for wtiidi th« Applicabilrty/Nonappticablllty Determination is requested: (Check appropriate transaction! ' P1eas« attach a detailed description of these transactions. " Pleast attach the most recent Consolidated Financial Statements for aJI companies Involved In the proposed transaction.

1. Sato of Property 7. Bankruptcy 2- Sato of Business 8. Corporate Merger* 3. BusJnesa Ceasing Operations 9. Partnership Situation Change* 4. Rrtlnandno/CorKstnjctlon Loan 10. Irrtra Family 5. Sate o< Slock in Corporation* 11. Corporate Reorganization** 6. Condemnation 12. Sate of Assets" (sse _ X Other: (Explain} Supply Agreement and Truck Lease Agreement

Dale of Planned Transaction: May 1 , 1 993

Purchaser Nam« Blue Cir'cle Raia, Inc., a New Jer_s_ey corporation Address 385 Prospect Avenue, City or Town Hackensack County Bergen State New Jersey Zip Code 07602

943660064 XOUk-Mt

E. Operations: 1.) Tne property owner and/or operator murt compfctity desert* In detail the operations and processes conducted *t Jhe a* inctudlng a list of i9 tenants, their operations and processes, occupying any part of the property lUnce December 31, 1983. f,4rtic/> tcxttbnt! tt*»tt, if

Harrison SupplyCD. , the sole tenant and user of the premises since 1927 uses the premises solely for' a ready-mix concrete .giant and aggrogat&s "Business janri a retail mason supply store. See attached CeAxtication 51 Kenneth n. Phillip!?, President of Harrison Supply OP. _

2.) n the property described abovt Is vacant land, to Iht* proporty contiguous to oth«r property under trw control of tfw parson or busJneas dascrbad in Fbetow: _ YM _ No

F. Current O*iw of trw Property for whfcn an Appdcablllty/Nonappficabnity Determination Is requosled:

Name Philbro, a New Jersey corporation _ Street Address SOQ Pafssaic Avenue Municipality East ^fewark Stale New Jersey Zip Coda 07029 Tele. No. (2Q1 ) 481-4495

G. History:

1. Prevtous Owners and history of on-srte operations since December 31, 1983 (Arwe/i i. tf ntctttvy):

H4JHS Address Pa<»/Op«fatlon«

2. !s this site curremly or has this site crevlousr/ been the subject of any other ECRA review? NO. Pte&sa subm/t copies ofpnvious submittals or approvals. Previous LNA Appfk^tksn Negative Declaration Administrative Consent Order Approved Cleanup Plan _Actlv« Case No prior ECRA Review

H. Hazardous Substances or Wastes: (This Wormation Is only required if the fadJIty or business has a

subjedSIC.) Enciosed please find our 1993 Right To Know Survey. Uct aJ typM and quantltes of hazardous substances or waste* Including petroleum products tnat are generated, manutacturad, refined, transported, treated, stored, handled or disposed at the property, both above and below ground, which are included In trie Department's "Unified Hazardous Substance Lter and any amount o( any waste substances required to be reported to the Department on special waste mantfest forms pursuant to N J.A.C. 7.-25-7.4, designated as a hazardous waste pursuant to NJ.A.C. 726-7.4, designated as a hazardous waste pursuant to N J.A.C. 726-6. or as otherwise provided by law. (Attach aoWtfona/ sheets Xnecsssvy-}

FUEL 01L .

I. How is the buildifigfs) heated? (OS, Gas. Etetrt) OIL rf 0(1, how many tanks? i Storage Capadty of each 500 gal. Above or bebw ground

J. Was the buikJing(s) ever heated by on? Yes No If so, when?. 2

943660065 ECM-00* P/W K. 1. The. totowtno c«rtJnc*tton thai be Honed by the Mghttt renting WMduaJ D the t«« wth ovtnl r*«poo»Wty tor tnd a* or actMty. When* there \t no IncflviduH K the ai wth ovtnl i bity for rut tie or actMty, ihi* oertflcauon »h*l be tlgned by the indMdual having tor the overt* operation ot the tit or activty.

/ certify under penalty ot t*w thtt the Information provided In thlt document /» true, accurate end complete. I tm aware thtt there are algnlflctnt civil penattlet for knowingly tubmtntng taltf, Inaccurate or Incomplete Information and trtat I am committing a crime of the fourth degree It I make a written ttl$e ttatement which I do not believe to be true. I tm alto aware that If I knowingly direct or authorize the violation of NJ.S.A. 13:1K~S ff ttg.. I am penontlly liable for the pmtltlqa tetldTph at N.J.S.A. 13:1K-13.

Typed/Printed

Company Harrison Supply Company

Sworn to »nd S\*»crb*} B«tor» onmii /^

: 2. TT>« following c«rllfic«lon surb «lgr»d AS lollows: j 1 . For a corporation, by a principal executive officer of at least tfw levoJ of vice president: i 2. for a partnership or sole proprietorship, by a genera) partner or th» proprietor, rospectfver/: or I 3. For a murUdpaifty, Slate, Federal or other public agency, by titrttf a principal executive otlicar : ex- ranking elected official. i ; / ctrttfy undtr ptntlty of Itw thft I tttvt ptnonslly txamlntd tnd tm ttmllitr with ! th* Intormsllon submitted In thl» tppllcttlon ana til etl*ch»

Company Harrison Supply __Cot _

S*wn to and Sub«eris«d B»kx» M« on trill /). i i -., . order for $20X)? x_ YM No 3

^43660066 £^;Pp^ ^'Vfr-l ••:/•M ;;/;,.„

MOX-WFLXGABILITT CISTITIOTIOII OX BEHALF 07 KXRSIBOX iOTJL* COWXTT

PREMISES: 800 Paaa&ic Avanue, Eaat N«wark, Hudson County, New Jersey Lot 1 + 47, Block 14, 16, 18 Lot 17 Lot 1, 2, 5 t 6 KENNETH E. PHILLIPS,, of full age, certifies: 1. I aa the President of Harrison Supply Co. ("HSC"), a New Jersey corporation, sola tenant at 800 Passaic Avenue, East Newark, New Jersey (the "Premises"), under a Lease with Philbro, Inc., a New Jersey corporation, as Landlord. 2. HSC uses the Premises solely for the manufacture, distribution and sale of ready-mix concrete and the retail sale of mason supply merchandise, including sand, cinder blocks, patio blocks, bricks, and other mason supplies. 3. The SIC number of HSC is 3273 (Major Group 32). 4. HSC has been the primary tenant at the premises since 1927. 5. HSC intends to enter into a ten-year exclusive supply agreement with Blue Circle Raia, Inc. ("BCR"). BCR would be the exclusive purchaser of concrete from HSC's plant and facility at the Premises, in connection therewith, HSC would also enter into a Truck Lease Agreement with BCR whereby HSC, as Lessor, would lease to BCR, as Lessee, a portion of HSC's ready-mix concrete trucks owned by it and located at and/or used in connection with the East Newark concrete business operated out of the Premises. There will be no sale of HSC's assets to BCR under the terms of the Supply Agreement. Further, the trucks being leased to BCR in

943660067 connection with thi* transaction r«pr«*«nt approximately 12 percent of the book value of HSC's total a*s*ti, a» reported to •• by HSC's accountant, McManus and Company. 6. The salient point* of the proposed Supply Agr««»«nt between HSC and BCR are as follows: a.) HSC will sell the ready-aix concrete produced at tha Premises exclusively to BCR for a term of ten years, during which BCR obligates itself to purchase certain ninimim quantities each calendar year. In light of I BCR's commitment to purchase significant quantities of ready-six concrete from HSC, BCR will agree to undertake certain obligation*, consisting of specific contracts to flell to certain customers of HSC. On the other hand, BCR does not undertake to assuoe all of HSC's obligations or liabilities and certain specific liabilities, such as rent, insurance and maintenance of certain areas of the Premises remain the obligation of HSC. In addition, although BCR shall be entitled to use KSC's ready-mix concrete manufacturing facilities at the Premises, such use shall be subject to the control and superior rights of HSC, in the event of a breach of the Supply Agreement by BCR. b.) BCR shall pay to HSC a certain price per yard of concrete ordered and received by BCR (subject to a minimum yardage charge in connection with the costs of manufacture) and HSC will be entitled to royalty payments as a result of its decision to sell the ready-mix concrete solely to BCR. c.) The Supply Agreement also contemplates the pass-through of the actual costs incurred in the production of the ready-mix concrete froa HSC to BCR. This pass-through includes ordinary and necessary expenses, such as the actual cost of raw materials used in the production of the concrete, but excludes certain costs which are unrelated to the production of the ready-aix concrete at the Premises. These excluded costs remain the obligation of HSC.

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943660068 d. Whilo BCR will b« entitled to u»« the facilities at th« Proniee* na«d«d to produce the ready-mix concrete, certain area*, such a« the vehicle repair and naintonance facility "S will b« us«d by both HSC ind BCR. In addition, HSC will retain exclusive use of the I office and the area where HSC will continue to sell Bason supply materials directly to the public. a.) HSC, although entitled to reimbursement from BCR of actual costs incurred in the production of the ready-mix concrete, will continue to make the actual payments to suppliers of the raw materials, thuo continuing to issue purchase orders and make payments in the normal course of business. BCR undertakes t.o perform normal maintenance on the ready-nix concrete plant at the Premises, f.) The Agreement is scheduled to commence at 12:01 a.m., eastern daylight time, on May 1, 1993 and terminate ten years therefrom. The Agreement may be terminated or abandoned by mutual agreement of KSC and BCR, or by either BCR or HSC at any time during the course of the Supply Agreement term if either materially breaches a representation or warranty or the site can no longer operate as a ready-mix concrete manufacturing and distribution point. g.) The consummation of the Agreement is subject, among other things, to the obtainraerft by HSC of a Non-Applicability Letter from the New Jersey DEPE determining that the transaction contemplated does not require approval of NJDEPE pursuant to the environmental laws of the State of New Jersey. h.) With respect to BCR employees who will be located at the premises, BCR will be required to maintain its own workers compensation insurance, keep its own payroll, maintain its own insurance contracts and indemnify HSC for any loss incurred or suffered by HSC with respect to BCR's failure to perform or material breach of the terms of the Supply Agreement. HSC remains responsible for indemnifying BCR against any losses incurred as a result of its failure to perform or material breach of the Supply Agreement. The -3-

943660069 Supply Agreement shall includa the following clausa: Nothing herein shall b* construed or read for the proposition that BCR is a successor of Harrison in tha East Newark concrete business, which Harrison will continue to own and operate, and BCR expressly disclaims that it is Harrison's successor in the East Newark concrete business. •'* 7. In addition to the Supply Agreement, BCR and HSC intend to 5j •# enter into a Truck Lease Agreement for the lease of approximately f; fifteen ready-mix concrete trucks owned by HSC and located and/or used in connection with the East Newark site. These trucks constitute only a portion of the HSC ready-mix concrete trucks, the balance of which will continue to be used by affiliated companies. The Truck Lease is also intended to commence Kay 1, 1993 and run for a period of ten years, subject to the right of BCR, as Lessee, to terminate the Lease with respect to any one or more vehicles after the fifth anniversary, and either elect to purchase the vehicle or return it to the Lessor. If the Lessee intends to purchase the vehicle, he must do so at the Fair Market Value which is defined as "the price which a willing buyer other than a Lessee would pay a willing seller under no compulsion to sell, as agreed by Lessor and Lessee from time to time." Further, if any vehicle is purchased by the Lessee prior to its scheduled life,- Lessee remains responsible for the minimum scheduled payments. In addition, the Lessee is obligated to make all necessary repairs and adjustments, after an initial ninety day warranty period and to pay all applicable state motor vehicle license and/or load permit fees.

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943660070 The Lessee is obligated to maintain, at it* co«t, Btandard automobile liability insurance naming the L««*or a« an additional named insured with certain »p*cifi«d limit* of coverage. 8. The obligation* of Blue Circle Raia, Inc., a Saw Jersey corporation on both the Truck Lease and the Supply Agreement are being guaranteed by BOR's corporate parent, Blue Circle America, Inc. 9. I certify under penalty of law that the information provided in this document is true, accurate arid complete. I am aware that there are significant civil penalties for knowingly submitting, inaccurate or Incomplete information and that I am committing a crime of the fourth degree if I make a written false statement which I do not believe to be true. I am also aware that if I knowingly direct or authorire the violation of N.J.S.A. 13:1K- 6/. fit ?eq. , 1 an personally liable for the/fJfcpalties set forth in N.J.S.A. 13.-1K-13,

Dated: April H, 1993 K. PHILLIPS

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943660071 943660072 006J.1800000 •—1 PART2 CHBIICAL KVENTORY PAGE

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943660083 943660084 Blue Circle Raia Inc. GOT

385 Prospect Avenue P.O. Box 505 Hackensack, NJ 07602 Tel.: (201) 488-0500 Fax: (201)488-7456

October 18, 1993

Bureau of Stormwater Permitting Office of Land and Water Planning NJ Dept. of Environmental Protection and Energy CN 423 Trenton, NJ 08625 Dear Sirs: Enclosed please find applications for the NJDEP General Stormwater Permit. These applications are for the following Blue Circle Raia facilities: Hamburg Liberty Park Totowa Newport City Mahwah Howell Street Bogota Harrison Supply Riverdale Mount Hope These sites are included in the New Jersey Concrete and Aggregate-Association group application; --This submittal is for the "Concrete Industry Alternative General Permit", not an individual permit. Please contact me at (404) 482-8776 if you have any questions concerning these applications. Sincerely, BLUE CIRCLE RAIA INC.

fohn S. Hayden Environmental Manager

JSH:pm encl.

PLANT LOCATIONS: New Jersey: Bogota, Hamburg, Mahwah, ML Hope, Riverdale, Totowa, Newport, Liberty & Howell St. /Jersey City New York: Chester, Haverstraw, New Windsor, West Nyack 943660085 Vir Jt,*r»i J W XX- £ '/»_»£//£/ O V W f DEPARTMENT OF ENVIRONMENTAL PROTECTION AND ENERGY CONSOLIDATED PERMIT APPLICATION FORM (CP #1) OCT 2 7 1993 CONSTRUCTION AND DISCHARGE RELATED PERMITS

READ REQUIREMENTS — FOLLOW INSTRUCTIONS CAREFULLY —PLEASE PRINT OR TYPE (Slack Ink}

1a. Applicant/Owner' Telephone ( Permanent Legal Address_ City or Town Slate Zip Code . Federal Tax !.D. or S.S. #

1b. Applicant/Operator C l£ C-L? R A 1 A Telephone f^oll -0 $° °. Permanent Legal Address 3 PS" "R^O5.p.TcT City or Town KACtCJr(U.54CK_ Slate Zip Code

1c. Co-permittee" . Telephone { . ^Permanent Legal Address City or Town State_ Zip Code_

2. Location of Work Site H \ S O Name of Facility, if applicable _ |—\flfcr ? i<. O do tvi p i^^? u Address (Street/Road) &OO __ A\i£~- Lot No. Block No. E.P.A. I.D. * City or Town_

3. tf applicable, give name of: Engineer/Surveyor/Well Dnller/Geotogist/Soil Scientist (Specify)

-• Name ' : -'••— ' •-••-•--••'•'•- ••-'•- -'-'- N.J. License No. Name-'of • Rrm,: ff'e'mptoyee_ Address (Street/Road) City or Town State Zip Code_ T. Municipality County Telephone ( )

Sewer System Applications (Treatment Works Approvals) should be made on behalf of the eventual owner of the proposed system^

I! owner is municipality or county, see Requirements for a Complete Application, Section III C,, Green Acres Program (Page 12).

' ' This section must be completed by any local governmental unit when it is a Co-permittee, (Not required for Sewer System Applications [Treatment Works Approvals])

DETACH FORM FROM PRECEDING DOCUMENT FOR SUBM ISS1QN

11/92

943660086 4. This is an application for permit (Name of permit, certification, approval, jurisdictions! determination, or exemption.)

5. Have any other applications for this site/project bean submitted, or have any slate permits been issued .for Ihis project? (H yes, indicate status and project number below.)

Yes Nto Decision

Identify any state Green Acres or federal Land and Water Conservation Fund projects separately.

APPLICATION STATUS Djte ADDliedJei PERMIT TYPE (Use additional sheets if necessary) Pending Approved or Pfolact Number (Chock One)

5.1 CAFRA

5.2 Waterfront Developmenl

5.3 Tidal or Coastal Wetlands

5.4 Freshwater Wetlands Permit

5.5 Freshwater Wetlands Transitional Area Waiver (after July 1, 1969)

5.6 Stream Encroachment

5.7 Water Quality Certificate (Section 401)

5.8 Open Water Fill

5.9 Tidelands (Riparian) Grant, Lease or License

5.10 Dam Construction/Repair

5.11 Purchase Water Diversion:

5.12 Divert Water Supply for Public Use...

5.13 Divert Surface Waters for Private/Use

5.14 Divert Subsurface/Percolating Water for Private Use.

5.16 Permanent Water Lowering

5.17 Temporary Water Lowering •- • -— •• .• • - . • • . •••••).• 5.18 Construct/Modify, Operate Public Potable Water Works

5.19 Connection between an approved wa"»r supply and v non-approved supply

5.20 Sewer Systems: Collectors. Pump Station, etc

5.21 ' Exemption from Sewer Ban ~ .'.

5.22 New Jersey Pollution Discharge Elimination System (Specify)...

5.23 Underground Storage Tanks : .". :.:'...-

5.24 Solid Wasta Permits (Specify) -

11/92 2

943660087 . ' APPLICATION .STATUS Date Applied for additional sheets if necessary) • Pending Approved or (Chock One)

5.25 Hazardous Waste Permits .(Specify).,

5.26 Air Quality Permits (Specify)

5.27 Delaware and Raritaii Canal Review Zone 'Certificate of Approval"

5.2B Pinelands Certificate

5.29 Green Acres Program Review.

5.30 Other State agencies' permits.

5.31 Local Permits

5.33 -Federal Permits ;

6. Estimated construction cost of project:

a. S total cost of the project b. $ portion lor which this permit is requested

7. Fee is attached (if applicable). £_

8. I have included certifications of any public notifications. Yes No

9. (f applicable: (For Waterfront Development, Stream Encroachment, Freshwater Wetlands and Transition Area applications, Be. must be completed.) (For Sewer System Applications [Treatment Works Approvals] complete Bd.) a. Source of Water Supply b. For Treatment at (Water Treatment Plant)_ c. Stream, Waterway, Pond or Lake d. Wastewater Treatment Facility

; 0. Brief Descriptbn of the Proposed Project and Intended Use:

. C1, n <^ C g P 4-e ir>

Jl/92

943660088 •I certify under penatty of Saw that the information provided in this document-is true, accurate and complete. I am "aware thai there are significant civil and criminal penalties for submitting false, inaccurate or incomplete infor- mation, including fines a/id/or imprisonment.

Type: Name and Dale Signature ot Applicant/Owner

Type: Posrtion Date

Type: Name and Date n iLHL Type: Position Date

Type: Name and Date Signature of Co-permittee"

Type: Posrtion Date

ENDORSEMENTS

Some permit applications require specific endorsements of owners, agents, municipalities, etc. Endorsements may be required for your permit.

Vertify the n&ed lor endorsements in the "Requirements" section of the Standard Application Form CP #^ booklet or with the appropriate DEPE agency.

A. PROPERTY OWNER'S CERTIFICATION

I hereby certify that ' Property Owner's Name is the owner of the property upon which the proposed work is to be done. 'This endorsement is certification that the owner grants permission for the conduct of the proposed activity and authorizes that staff of DEPE may conduct on-site inspections as necessary for the review of this application.

In addition, the aforementioned property owner shall certify:

1. Whether any work is to be done within'an easement — Yes_ No (Initial} (Initial)

2. Whether any part of the entire project (i.e., pipeline, roadway, .cable, transmission line, etc.) will be Socatsd withir, property belonging to the State of New Jersey — Yes No (Initial) (Initial) If "Yes", reviewing agency must notify the Department of Treasury, Office of Property Management, CN 226, Trenton, N.J. 08625-0226. '. ' . '

-— 3,-Whether any -part -of the-entire, project (!.«„ pipeline, roadway, cable, transmission line; etc.) will be located within property belonging to a municipality or county — Yes No_ Initial Initial If 'Yes', see Requirements for a Complete Application, Section III C.,-Groan Acres PrograrrvfPage 12). - •

Type or Print Name and Address ofOwner, if dtftoron1. from ham 1 on Papa 1

Date Signaturs o?O*ner 11/92

943660089 B. APPLICANT'S AGENT

I, the Applicant/Owner _or Applicant/Operator (whan

the owner of the facility and the operator ol the facility are distinct parties)^

or Co-permittee (whan the Co-permittee is a focaJ governmental unit)

authorize to act as my agent/representative in ail matters pertaining to my application the following person:

Name Phone

.Address County_

Crty or To\vn_ State Zip Cooe_

Occupation/Profession

(Signature ol Applicant/Owner)

(Signature of Applicant/Operator)

(Signature of Co-permittee)' AGENT'S CERTIFICATION

Sworn before me this day of 19 I agree to serve as agent for the above-mentioned applfcant

Notary Public (Signature of Agent)

C. STATEMENT OF PREPARED OF PLANS. SPECIFICATIONS. SURVEYOR'S OR ENGINEER'S REPORT

I hereby certify thai the engineering plans, specifications and engineer's report applicable to this project comply with the current rules and regulations of the State Department of Environmental Protection and Energy with the exceptions as noted.

(Signature of Engineer)

Type: Name and Date

Position, Name of Firm

PROFESSIONAL ENGINEER'S EMBOSSED SEAL

11/92

943660090 PROPER CONSTRUCTION AND OPERATION CLAUSE (Sewer Extensions, Treatment Works Approval, Water Works, Underground Storage Tanks)

I, the ApplicanVCVr'ner___ or Applicant/Operator (when the owner

of the facility and the operator of the facility are distinct parties) „

or Co-permittee (when tho Co-permittee is a local governmental unrt)_

agree that the works will b» properly constnjcied and operated in accordance with the engineering plans and specifications, as approv&d, and the conditions under whfch approval is granted by the State Departmenl o( Environmental Protection, and Energy.

(Signature of AppiicantOwnef)

(Signature of Applicant/Operator)

(Signature of Co-pemfO.se)'

Not required for Sewer System Application (Treatment Works Approvals)

OWNER'S COMPLIANCE WARRANT (NJPDES ONLY) €> { i I, the Applicant/Owner ft\\.i'JWaJV^')ovJvjj (HJ'^.'VO ^^ \}r \^ \*<\ rts-^£~ or Applicant/Operator (when

the owner of the facility and the operator of the facility are distinct parties)

or Co-permittee (when the Co-permittee is a local governmental entity) ,

hereby agree that any treatment works constructed to meet the NPDES/NJPDES permit discharge limits will be

.properly constructed and operated to meet those limits. I also warrant that the discharge(s) will meet the

effluent limitations as-described in the NPDES/NJPDES permit, as Issued:• .

(Date) (Signature of Applicant/Owner)

(Date) (Signature o!~Applicant/Operator)

(Oats) (Signature of Co-permittee)'

'' Not required for Treatment Works Approvals

)

11/92

943660091 P. PARTY RESPONSIBLE FQp THE CONSTRUCTION OFTHE PROPOSED FACILITY (Sewer Extensions, Treatment Works Approvals, Underground Storage Tanks)

/ Name of Devefoper_

Phone

Address County

Ciry State_ Zip Code_

Contact Person

Jl/92

943660092 Blue Circle Raia Inc.

385 Prospect Avenue P.O. Box505 Hackensack, NJ 07602 Tel.: (201)488-0500 Fax: (201)488-7456

0603^ ^^ ce-^T SK-O

PLANT LOCATIONS: New Jersey: Bogota, Hamburg, Mahwah, Mt. Hope, Riverdale, Totowa, Newport, Liberty & Howell St. / Jersey City New York: Chester, Haverstraw, New Windsor, West Nyack 943660093 EPAIDNurntw (copy from Sem / erf Forni ' Fwrn'Approved."OMB No._2040-CCSS P)«aM print of type in the un»had«d area* oory . . - .:. Approval «xp*"*» 5-35-92 Form United Suites Environme/rtal Protection Agency _ 'Washington, DC 20460 "'•"" Application for Permit to Discharge Storm Water WOES Discharges Associated with Industrial Acttvjl¥__

Paperwork Reduction Art Notice . . — Public raportng burden fcx this application w estimated to average 28.6 hours .p* application, Indudina 6m« for revfcwws instructions, "searching extong-dcta aouree*, B«tf>«ring and maintaining the data needed, and complrting and reviBwing v* coJIocboo of Irrformition. Send ^comrn»nt« i»gaidinfl-th« burd»n-wtimate, any ether aspect o< thi» cx>)l«ctkxi-of Intormation.-or «uop«st'on«-fof.improvlr>g th'» wrn, inauding ' suggsstiont which m«y Increase of reduot thi» burden to: Oiitf, Intofmation. Policy Branch, PM-223, U.'S. Environmental Protection Agency, 401 M St, SW, Waihinoton, DC 2D4SO, or Cirector, Office of Information and Regulatory Affaire, Offiw of Manapemsrrt and Buoflat, Wwingtcn, DC 2CS03. Oirtfail Location For each outfall, list th» latitude and lonurtude of te location to the naarast 15 seconds and tfta name of the recerving water,

II. Improvraments A. Are you now rsquired by any Federal, Stata, or local authority to meet any implementation schedule tor the constnjction, upgrading or operation ol waslewater treatment equipment or practices or any other environment^ programs which may affect the discharges descrioed in this application? This includes, btrt is Dot limited to, permit conditions, administrative or enforcement orders, enforcement compliance schedule letters, stipulations, court orders, and grant or loan conditions. 4. final I t. Identification of Conditions, 2. Affected Outfalls Corneliance Date. Agreements. Etc. number »ouree of diteharg« 3. Bfief Description of Projact j). proj.

B. You may attach »ddit)onaJ sheets de«cribinp any additional wate." pollution (or other environmental projects which may affect your diseha/oet) yoo now have under way ex whicn you plan. Indicate whethtr each program is now under way or planned, and indicate your actual bf planned schedules for construction. . III. Site Dralnaoa Mac Attack a tlte map thowing topography (of indicating the outline of drainage a/eat eorwd by the outfall (s) covered in the application H a topographic' map hi. unavailable) daptctfrig the fadlrry including: each of ftt intake and di*=ria/g» ttructuras; the drainaa* ar»» of eaeri ttorm . watar outfall; paved ar»a* and buildings within the drainage area of each itorm wgter outfall, tach known past of pf«s»rrt areas used for ojtdcor ~ ttorag* Of dupoeal of aJgnificarrt matanats, nacrt existing rtructunil cxmtrol meaajre to reduce pollutant* In storm water runoff, materials loading and access area*, area* where pecticidea, herbicides, soil oorxJHioners and fertilizers are applied; each of Its hazardous vrcste treatment, sloraga Of oltposal unfli Cndudino each area not required to have a PCRA permit which & csed for accumulaing h*2*rdou* waste undor 40 CFH 2GZ34); each weJI wnere fluids from the facility are Injected —••••• d; . :ingt, and other suriaca wataf bodie* which recervt storm wale* discharges from th* facllrty.- x -•. - --- ••• ••••-• ..- EPAForma510-2F(R»^. 1-B2) Page 1 of 3 Continue on Page ;

943660094 IV. Narrat^ Description of PC A.. For MCTI outlaJI, provki* an «tim«te of tht ar»a (indud* unto) of lmp«rvtout »urt»eM (including psv»d af«*» »r>d bunding *«*!dr »lr*d to ..:';".'";"*• outM,and an •tti-nat* of •$» tstal KJT(«O« »r»a drained by th« otrtfali. . ^

Outfall A-&i 01' lmp*rvicuk Surfacs Total Am* Drained Outfali | Ar»s of Impofviout Surf»ce Number (ormidf units} iinisL—

00_0 4 5, 5^0

-fi. .PrwkJ* «nan»tiv» d*«oriptioo of alBnrficant rnat»riai« ttuH ar» ojrr»mty or in the pc«t tfv»« yeam have b*«n traated, ttooxf of disposed in a . -.manotr to aJlow euoxwort-to *torm wai»r;.m«thod of frutrrnvtt, ttongu, or dJ«po«aJ; pa«i and pnserrt mal»rialj manap*7*11 pf'^oe* . •mptoyed to minimcz« conUct by thssa malarial* witfi storm w»t»r runoff; rrviUriaU loading and acces* ariar; and the locrion, manner, and frequency in wtiicfi pasticades, h«rbta'd«t, soil conditioner*, and tfrttl'utn ar» applied.

op

C. For tach outfall, pfovkie th« kxaitiofi and I description of existing Kructural and norwtruoural controf meastjtw to rsdoct pdlutana In »tomi_WHtBr runoff; and a d«scriptk>n of the.trBatmerrt the ettxm ws»f mxivut, loduding the »ch«dule and typ« of maintwwiM for oontroj andjregtmant measuras and ttia uUJmate tiia'nosal of any solid.of fluid wastas otfiar tfian bv disc^iaroe _ OutfaJJ US Codes from Treatment Table ?F-1

rNonstormwater DlscharaBs_ I otrtify urtdar penatty of law that tin ouflaJIfs) covered by this appJicatioo have t*on teit»d or»valuat»d for ttit pr«s»nc«of nonttormwaler (Stcriarg**, and that all nonstomtivater ditcna/oet from tn*t« outfall(e) are WerrBfied in either an acxompanying Form 2C or Form 2£ -'--" appticatipn for the omfail. ftarn* and Official Trtle (tvp* or print/ Date Signed

ii B. Provide a description of the matriod usad, trie dale o( any testing, and ttwo/sile draMagg poinls thai ware diractly observed during »test N/A

— I VI. Slonfficarrt Leaks or Spflle . histtxy:of*Jgnfficant (ealoi or spilii -of toxw-or^jararttouf-poHutam* •) tr* facility In ft» lass Um« |i3'?*'5.*lcludi?0 *>• «ppcaxim«t» dal» ami location crf-lrw tpill or leak, «r^ t^ t>^ and anxxml of malorial wloased.

(R«v. 1HB2J Continu* 05 P»3» 2

, is information shall also be provided about events in.prevlous years, if T the applicant Is aware of such events.

943660095 EPA ID Number /copy from torn I ofter m1 ) Continued from Page 2

A.B.C, 4 D:' Ste Instruction. b«for7procwdin0.:Complate.one wl of taWw lor each outfall. Annottt, th. outfaJl number in.*« . '• '•••_ Tables VtPA. VII-B. and Vil-C are included on separate $heete numbered V1H and Vlt-2. £: Potential discharges not covered by analysis - is any toxic pollutant listed in table 2F-2. Zf-3 or 2F-4,- a substance or a componanl ol a substance which you currently use or manufacture as an intermediate or final product or byproduct? N | I -its (list *ll such pollutants btlow) ' : ' I I ° fao N/A

VfH. Biological Toxicity Testing Pat; Do you havfl »ny knowledge or reason to beliovs that any biological test for aeuie or chronic loxicity has been mad« on any of your discharges or ofl « r»c«tving water In relation to your drsctmrg* wfthin th« last 3 years?

f J Yes (list aJI such pollutants below) (go to Socfon K>

JX. Corrtrsd Analysis Informatic Ware any-of the analysis reported in tern VII. performed by a contract laboratory or consulting firm?

Yes (list ti>e name, .address, and telephone number of, and pollutants No (go to Soction X) D each such laboratory or firm below] A. Name B, Address C. Area Code & Phone No. D. Pollutants Analyzed

f Certifies tic I certify under penalty of law that this document and all attachments were prepared under-ivy direction or supervision 1n accordance with a system designed to assure that qualified personnel property gather tod evaluate - the Information submitted..Based on my Inquiry, of.the person or persons who manage the system or those persons directiy responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate,'and complete.7 am'aware that there are significant penalties for submitting false information, including the possibility of fine and Imprisonment for knowing violations. :•

A. N§m« & Official TW« fypt or print} B. A/-»» Code «rxl Ptxx>« No. «>v Af? O

Ptgt 3 of 3 EPA Form 3510-2F (Rev. 1-92)

943660096 EPAiDNumbw (copy from t»m I oi Form T) Fbm-i Approved. .OMB No. ZKO-O066 Approval expires 5-3 I-S2 'Vjl. Dlscharpa Information (Continuad from page 3 of Form 2F) PmrtA-- You'.mittt provid* th« r»*urij of «i .!•«*< oo« for evwy pollutant in thl» table. Complete ooe table for eacfi outfall. iRctrjrfDfn foe •dcitoona.1 datillc. Mixlmurr. ValuM Number Pcllutarrt (indudt unfa) erf ind Grab .Sample Gf»b SSorm TaJ<»n Dunng CASNumb«r T«J«»o During Ev«m« Hr»t20 RrstSD (7/ tvzilable) Minirtos CompoKile Minirtet Sampled Sources of Pollutants

Oil and Gr«as« N/A Biological Oxyjen Demand (BODS) Chemical Oxygen Oemsfid (COD) Total Suspended Solidt (TSS) Tote) Sillrogen Totai Phosohorus Minimum Minimum Waximum Part B - List each oolliruim that it Iimi1eti (Havailable) Minuroa ComposJte Minute* Composite Sampiecl Sourcet of Pollutants

EPA Form 3£10-2F (Rev. 1-O2) Page VIH Continue on H«v«r»«

943660097 T'Corrtlnuea irom um prom List each poJIutarrt shown in Tables 2F-2, 2F-3, and 2F-4 thai you know of have reason to believt is present. S»« the instructions for additional detail* and requirement*. Complete on« table hx »ach outfajl. MaxJmj-n Values Number Pollutant of and - Sunpl* Gfib Sampi* • Sfcxm CASNumbof TaJon Dunny Ta)c»n Dunno Bow-w«ight»d Rnt20 Minute* Compoftte Minute* Compotrt* Sampl»d Sourc»« of

Part P- Provide data for th« storm avBRl(s) which resulted in tha maximum values tor th» flow waighlad composite sample. 1. 2. 3. ' 5. 6. Date of Duration Tola) rainfall Number oihoun b*tw»en Maximum flow rat» during Total flow from t*flinning of ROTH rr>wu- rainoverrt Storm of Slorm Event during «ton-n «v*rrt ured and and of pr*viou* (gaflontfminutt or nun ewnt Event (in minutas) (in inct\«s) m&asurabls rain evert ifxctfyunte (gallons or specify units)

7, Provide a description of the method of flow measurement or estimate..

EPAPorm 3510-2F (FUv. 1-fl2)

943660098 instructions - Form 2F Application for Permit to Discharge Storm- Water Associated with Industrial Activity . Who'.Must File Form 2F . Form 2F must be completed^by operators of facilities which discharge storm water associated with industrial activity or by operators of ;;torm water discharges 'that EPA is evaluating for designation as a significant contributor of pollutants to waters of the United .States, or as contributing to a violation of a water quality standard. Operators of discharges which are composed entirely of storm water must complete Form 2F (EPA Form 351D-2F) in conjunction with Form 1 (EPA Form 3510-1). Operators of discharges of storm water which are combined with process wastewater (process wastewater is water that comes into direct contact with or results from the production or use of any raw material, interme- diate product, finished product, byproduct, waste product, or wastewater) must complete and submit Form 2F, Form i, and Form 2C (EPA Form 3510-2C). Operators of discharges of storm water which are combined with nonprocess wastewater (nonprocess wastewater includes noncontact cooling water and sanitary wastes which are not regulated by effluent guide- lines or a new source performance standard, except discharges by educational, medical, or commercial chemical laboratories) must complete Form 1 , Form 2F, and Form 2E (EPA Form 3510-2E). Operators of new sources or new discharges of storm water associated"wit h industrial activity which will be combined with other nonsrormwater new sources or- new discharges must submit Form 1, Form 2F, and Form 20 (EPA Form 351 0-2D). Where to File Applications The application forms should be sent to the EPA Regional Office which covers the State in which the facility is located. Form 2F must be used only when applying for permits in States where the NPDES permits program is administered by EPA. For facilities located in States which are approved to administer Ihe NPOES permits program, the State environmental agency should be contacted for proper permit application forms and instructions. Information on whether a particular program is administered by EPA or by a State agency can be obtained from your EPA Regional Office. Form 1, Table 1 of the "General Instructions" lists the addresses of EPA Regional Offices and the States within the jurisdiction of each Office. •Completeness ... VourappficatidfTw ill not be considered complete unless you answer every question on this form and on Form • -,i. Jf an item does not:applyto you, enter "NA" (for not applicable) to show that you considered the quessicn. Public Availability of Submitted Information You 'may not claim as confidential any Information required by this form or Form 1 , whether the information is reported on the forms or in an attachment. Section 402 (j) of the Clean Water Act requires that all permit . will be available lo the public. This information.will be.made available to the public upon request. ; ' "''•."' 'Any Information you submit to EPA which goes beyond that required by, this form, Form 1, or Form 2C you • may claim as confidential, but claims for information which are effluent data wi)i be denied. If you do not assert a claim of confidentiality at the time of subrnining the information, EPA may make the \ information public without further notice to you. Claims of confidentiality will be handled in accordance with ' EPA's business confidentiality regulations x. 40 CFR Part 2. ; . . •: .______Definition s ... - ..... • ...... •'••• \ • All significant terms used in these instructions and in the form are definedr in the''glossary found in the General Instructions which accompany Form 1. •' EPA ID Number Fill in your EPA Identification Number at the top of each odd-numbered page of Form 2F. You may copy this . number directly from item I of Form T.

EPA Form 3510-2F (Rev. 1-92) ' I - 1 • '

943660099 STATE OK NE>' JERSEY DCrAJmiENT OF ENVIRONMENTAL PROTECTION DIVISION OFWATER RESOURCES

NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM SUPPLEWENTTO THE STANDA.RD APPLICATION FORM CP*1

APPLICATION TO DISCHARGE WASTEWATERS AND RESIDUALS TO THE STATES LAND AND WATER

r^er all questions Plecsf prim or type.

GrcJc th«Tetter(s} for those discharge activities presently conducted or to be conducted is part of the facility's operation. (SeisonaJ facility operation shall be considered is a present operation.) !n the space provided, indicate if there kin existing NJPDES or NJPDES permit for each circled activity (yes/no). in the space provided. Indicate if this application b for a "TICW" source, ajid "existing" source, or 5 "rcncwij" of 2 current permit. PISCHflSGE ACTJVITr YES/W *K,EXIST!*, «;s:2Mt£r facility A. Sanitary Surface katsr Discharge A8. Di5cr,ar« to Regional Outfall Authority ' S. Indus trial/Coiwcijl Surface Hater Discteroe H. •Ssneral Pen'it Fuel Clianuo C. Itertal Surfac* fetir Discharoe CG. General Penit *fr-Contact Coolirt? Kitsr CSO. Cocined Se«r OV?rflc« 0. Lard App'itation of $lu«s and Sepu3?e WC. D)Khar9e Allocation Cartificate Rl. totooealers Canush 1. Inairect Mscharg! to POTH (SIU) P. Spray Irrioation - Sanitary \ fi OveriaM Hot* - Sanitary ) 8. Infiltration/Percolation Lagoon - Sanitary £. Surface I»oundieiit - Sanitary T. Underground Injection (WC) - Sanitary Y, Sludge Pr&cessins/Distribjtion Facility 1. Rtsiduals Iransfer Facilities (Sluttoe) 1. Hunicipil Solid *tsU Transfer Facility 2. Sanitary Sludge Storage.facility 3. fesidujls Infiltration/Percolation (.agccn (, teiouals Surfac* I»oufxiKnt 6) -woup-!•- Stormiter feinoff _ 56. 5er«ral Ptnit Industrial Sit« Stan KaUr Runoff 6. Sroup II - Sensral Peri it Storiwtir fiunoff cround Hater Quality £. Uncf Application of Industrial fests JJesidaals E2. In Situ Ireattent f. Landfill - Ifidbstrial/Co«ercial Kaste 6. -• Spray Irrigation--..Industrial H, Overland Flo* - Industrial I. Infiltration/Percolation Laooon - Industrial J. Surface I«xj(indMit - Industrial K. Underground Injection (UJC) - Industriai M. Class V UIC for 1ST paster 0. Landfill - Hunitipjlity/Suiitary 7. Undersrcund Storage Tanc Other. _.. ... 85, Abovt ^oond Storage Tank Facilities U. Dndge Spoils X. Confidentiality Request T." 316 VariineeKort •--. . 9: faster Ptrfonanc* Penits . 2. Legation of Facility: Latitude 000 LcogitudB

Rsc*ivin<3 Strtu Rivw Bisin VAS-3 rA \.C '

943660100 3. •" Nime and address of applicant's parent corporation, subsidiary, or parinership_daia. ' ' H addirhnal-sheets if necessary.]

) : N— 1£ I ug C ( ecoe £ A i A _ j Tc]^honc NO.

Mailing Address...^ 3ft

CityorTown rfAc Kg/O.S/4C.J< _ Sute , Zip Code •

Facility '$ Contact Person (This person must be responsible for and farrdtia- with she facility operation./

Name" ' ^ Ag-fcvf F^SA^P _ T^irphnn. Nn^ C3l>f 1 igi?2) ~0 5~0°

Address of Operator 60O 'H^SA 1C /l^J g"

SLatc Mis"T. Zip Cods D 7

5. Is the fsciiry a CU Fed'eraJ Facility CD Public Facility (a local go vc mm en t. rufcxli vision) CD State Facility SLPrivate FacilJty

6. List in order of priority all St-mdird Industrial Codn (SIC) which best reflect tie principaJ products or services provided by the facility.

S1C_ PRODUCTS OR SERVTCES.PROVIDEB

fi6At>u .- yy^",

7. If applicable, identify all administrative orders, temporary or ptmuncnt injunctions, dvil administiatirt penalties, civil penalties, or criminal actions concerning pollution issued against the facility during the last five (5) yean.

ENFORCEMErfT ACTION - DATE OF ACTION ..,.,. .... :^^REJ$VTT_ .

~7 6 /9 S • ^ 8oO,0Q

8. If applicable, list all locations involved in the storage of solid or liquid waste at the facility for which the NJPDES application is being made and the ultimate disposal rites of solid or liquid wastes generated by the facility being permitted,

STORACE-StTEfS:) ULTIMATE DISPOSAL SITEfSl

943660101 ELIZABETH QUADRANGLE NEW JERSEY-NEW YORK 7.5 MINUTE SERIES (TOPOGRAPHIC) • 3 74*p7.'30" '"

AIR;P,O-R•-INTERNATIONA^J - - // . '/ •- ' ' 943660102 943660103 .ies E. McGreevey . Department of Environmental Protection Bradley M. Campbell Governor ' Commissioner Bureau of Nonpoint Pollution. Control Division of Water Quality P.O. Box 029 Trenton, NJ 08625-0029 . Phone : 609-633-7021, 292-0407 Fax:609-984-2147

01/21/2004 EASTERN CONCRETE MATERIALS INC 475 MARKET ST Elmwood Park, NJ 07407

Re: CPM-Concrete Products Management (GP) NJO108456 NJPDES: NJGtil19806 PI ID #: 48599 EASTERN CONCRETE MATERIALS-EAST NEWARK FACELI East Newark Boro, Hudson

Dear Robert Davis: •

Please find enclosed your renewal authorization package for stormwater discharges associated with the manufacture of concrete and/or concrete products. This package contains the Renewal Authorization Permit Page, a copy of the Concrete Products Manufacturing Industry - Specific Permit, Certification. Attachment C, Certification Attachment D and a summary of the renewal j permit requirements.

The Bureau recognizes that several months have elapsed since the effective date of the permit and.that permittees -will not be afforded the full six months to begin achieving compliance with the renewal permit if the deadlines in.the permit are adhered to. Therefore, the Bureau, in conjunction with all the Enforcement Regions, have agreed to extend the six month time period for the submittal of Attachment C to nine months. This will change the submittal date requirement to July 30, 2004, and will grant facilities the full six months to revise their SPPP and submit Attachment C with the completed Drainage Control Plan forms.

Likewise, the permit requires the facility to fully implement their SPPP within twenty-four months from trie effective date of the permit and certify this by submitting Attachment D to the Bureau. This nmeframe will be extended to twenty-seven months and shall be due by January 30, 2006.

The Stormwater Pollution Prevention Plan (SPPP or Plan) previously prepared for your facility under the expired Concrete Products Industry Specific Permit will need to be revised in accordance with Part IV.L. of the permit'in order to comply with the renewal requirements, which became effective October 1, 2003.

The submittal of Attachment C certifies die Plan has been revised in accordance with the requirements of the renewal permit. The completed Drainage Control Plan forms inform the Department of current and/or anticipated type(s) of dischirge(s) occurring at the site such, as stormwattr only, process wastewater, a combination of both or a co-mingled discharge.

The completed Drainage Control Plan forms are required to be submitted with Attachment C so the Department may generate the appropriate forms the facility will use when submitting their stormwater and/or process wastewater analytical monitoring results.

The SPPP Guidance document is in me process of being revised to correspond with the renewal permit and will be available at www.state,ni.us/dep/dwq/gps.htm#stotrDwater once final.

New Jersey is an Equal Opportunity Employer Recycled Paper

943660104 The Bureau would like \o thank you for your cooperation during the renewal process of the Concrete Products Manufacturing Industry - Specific Permit, and looks forward to continuing our combined efforts in achieving greater water quality for the citizens ofNJ.

Please contact Vicki Margulies with any questions at 609-633-7021.

Sincerely,

~-,

Barry Chalofsky, P.P. Chief Bureau of Nonpoiiit Pollution Control

Enclosures: (5) Authorization to Discharge (AID) Form NJPDES Genera] Permit No. NJ0108456 Summary of Final Permit Revisions - Effective .October 1, 2003 Attachment C Attachment D

. C(w/ATDForm): - ' ) NJDEP Water Compliance and Enforcement Region Office Facility Owner (if applicable) BPM

943660105 New Jersey Department of Environmental Protection Bureau of Nonpoint Pollution Control Division of Water Quality PO Box 029 Trenton, NJ 08625-0029 Phone; (609)633-7021 Fax: (609) 984-2147

RENEWAL OF AUTHORIZATION TO DISCHARGE CPM -Concrete Products Management (GP)

Facility Name: PMD#: 48599

EASTERN CONCRETE MATERIALS-EAST NEWARK FACILI

Facility Address: NJPDES#: NJG0119806 800 PASSAIC AVE EAST NEWARK, NJ 07029

Owner: EASTERN CONCRETE MATERIALS INC 475 MARKET ST ELMWOOD PARK, NJ 07407

Operating Entity: EASTERN CONCRETE MATERIALS INC 475 MARKET ST ELMWOOD PARK, NJ 07407

Issuance Date: Effective Date: Expiration Date: 01/21/2004 10/01/2003 09/30/2008

Your Request for Authorization under NJPDES General Permit No. NJ0108456 has been approved by the New Jersey Department of Environmental Protection.

Date: 01/21/2004 Barry Chalofsky, P.P., Chief Bureau of Nonpoint Pollution Control Division of Water Quality New Jersey Department of Environmental Protection

943660106 943660107 CERTIFIED MAIL RETURN RECEIPT REQUESTED

yONALD T. DlFRANCESCO Department of'Environmental Protection Roben C. Shinn, Jr. Acting Governor • Commissioner Division of Water Quality P.O. Box 029 Trenton, NJ 08625-0029 FAX: (609) 777-0432

AUG Robert Davis Eastern Concrete Materials Inc 475 Market St ElmwoodParfc,.NJ 07407

RE: Storrnwater Discharge Minor Modification NJPDES Permit No.: NJG0119806 Eastern Concrete Materials-East Newark Facility Hudson Co., East Newark Boro

Dear Mr. Davis:

On 06/22/2001 the Department received a request to change the permittee name on NJPDES Permit No. NJG01 19806 from Blue Circle Materials, Inc. to Eastern Concrete Materials, Inc. and facility name from Blue Circle Materials East Newark Facility to Eastern Concrete Materials - East Newark Facility.

The Department considers this change to be a minor modification of the permit in accordance with N.J.A.C. 7:14A-16.5. All other permit conditions remain unchanged. Enclosed is a revised permit page with the new information.

If you have any questions please feel free to contact Rosalie Manukas of my staff at (609). 984-4428.- ......

Sincerely,

William F. Boehle, P.E., Chief Bureau of Permit Management

Bureau of Nonpoint Pollution Control Northern Bureau of Water Compliance and Enforcement Administrative Review Unit -l^ffiEBflS@^-fF: 38602 -"iiHuinimipi Central File - Correspondence Permit Processing Unit

transown.rtf M:w Jtrsfv is an Equal Opportunity Employer Recycled Paper

943660108 New Jersey Department of Environmental Protection Bureau of Nonpoint Pollution Control Division of Water Quality PO Box 029 Trenton, NJ 08625-0029 Phone: (609)633-7021 Fax: (609)984-2147

AUTHORIZATION TO DISCHARGE CPM -Concrete Products Management (GP)

Facility Name: PMD#: 48599

EASTERN CONCRETE MATERIALS-EAST NEWARK FACILITY

Facility Address: NJPDES3: NJG0119806 800 PASSAIC AVE EASTNEWARK, NJ 07029

SIC Code: 3273

Type of Activity: Stormwater Discharge Minor Modification Owner: EASTERN CONCRETE MATERIALS INC 475 MARKET ST ELMWOOD PARK, NJ 07407

Operating Entity: EASTERN CONCRETE MATERIALS INC 475 MARKET ST ELMWOOD PARK, NJ 07407

Issuance Date: Effective Date: Expiration Date: 10/01/1995 11/28/1995 07/31/2000

Minor Modification for Name Change: Issued: 08/23/2001 Effective: 04/02/2001

Your Request for Authorization under NJPDES General Permit No. NJ0108456 has been approved by the New Jersey Department of Environmental Protection.

^3)CT—, QQ JLJ) Q_. Date: 08/23/2001 B arry C hVlofeky~ F~. P. .tchiefV Bureau of Nonpoint Pollution Control Division of Water Quality New Jersey Department of Environmental Protection MF: 00038602

943660109 Christine Todd Whitman Department of Environmental Protection RECEIVERobertTD. ininn, jr. Governor Bureau of Stormwater Permitting ' Commissioner Division of Water Quality . ' CN-029 . . , Trenton, New Jersey 08625-0029 t'

Bureau of Stormwater Permitting

SWG: ATTACHMENT "C1 StdrrnWater Pollution Prevention Plan Preparation Certification Concrete Products Manufacturing Facilities (NJPDES INDUSTRIAL GENERAL PERMIT NO. NJ0108456)

''I certify under penalty of law that 1 have personally examined and am familiar with the information in this Stormwater t Pollution Prevention Plan Preparation Certification and all attached documents, and in the Stormwater pollution )ention plan referred to in this certification. [ further certify that I have signed this Stormwater pollution prevention piah (SPPP), the implementation of which will ensure that there will be no exposure, during and after storm events, of industrial materials, machinery, waste products or other source materials located at the facility, to Stormwater that is discharged through separate storm sewers to surface waters."

"I further certify that this Stormwater Pollution Prevention Plan Preparation Certification, all attached documents, and Stormwater pollution prevention plan were prepared by personnel under my direction or supervision in aceordence with a system designed to assure that qualified personnel properly gather and evaluate this information. Based on my inquiry of those individuals immediately responsible for obtaining this information, I believe that the information in' this Stormwater Pollution Prevention Plan Preparation Certification, all attached documents, and Stormwater pollution prevention plan is true, accurate and complete."

"I certify that the Stormwater pollution prevention plan referred to in this Stormwater Pollution Prevention Plan Preparation Certification has been signed and is being retained at the facility in accordance with part III.B of NJPDES Permit No. NJO107671, and that this Stormwater pollution prevention plan will be fully implemented at the facility in accordance with the terms and conditions of that permit. I am aware that pursuant to the Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq., there are significant civil and criminal penalties for making a false statement, representation, or certification in any application, record, or other document filed or required to be maintained under the Act, including fines and/or imprisonment."

Any changes to the facility data previously submitted require a Standard Change Form (SCF) to be 'rnitted along with this-Certification. This will facilitate file maintenance. Please contact the ASU Action at (609j 633-7021 for copies of this form. Do not send the actual SPPP with this submission. The plan is to remain on-s/te available for inspection. (OVER)

New Jersey is an Equal Opportunity Employer Recycled Paper 943660110 "I also certify that this facility is not in violation of any conditions ofNJPDES Permit No. NJ01 98456, including requirements in part of that permit fur preparation and itiplenientation "fa storrmvarer pollution prevention plan, except fur w/ i.icir'er.ts of nonrompiia (Vetch are noted in the ar.arhed report. For any;ir,cicent: of nnsiconiplivficc iJtrnified in rht-. uiinunl ir.;yimio<\ (01 m?dc i'.r.own to during the course of the past year), I have attached a report identifying these incidents, anj identifying steps taken or being taken remedy the noncompliance and to prevent such incidents from recurring. If the attached report identifies any incidents of noncompliar. I certify that any remedial or preventative steps identified therein were or will be taken in compliance the schedule sei forth in attachment to this certification. I am aware that pursuant to the W-ter Pollution Control Act, N.J.S.A. 58:10A-1 et seq., there significant civil and criminal penalties for making a false statement, representation, or certification in any application, record, or oil document filed or required to be maintained under that Act, including fines and/or imprisonment." -

Any changes to the faciliry's previously submitted data prior to Annual Billing require the submission of a Standard Change Form (SC Late changes can also be reported on the update form provided in the Annual Billing package. The ASU Section can he reached at (6( 633-7021 for questions, information and forms.' DO NOT SUBMIT THE ACTUAL SPPP WITH THIS SUBMISSION. The Plan to temain QtV SITE available, for inspection.

WHO MUST SIGN? T.lYe Department will accept both signatures or just the operator's (in which case only the operator obtains the permit). A vice president or higher level company official or equivalent government official may assign his signatory authority for this certifies (ion to a named person or generic position (e.g., plant manager, plant engineer, operations manager, etc.) having overall responsibility for facility operation or the permittee's environmental matters b" -submitting a letter o the Bureau of Stormwater Permitting stating said authority and naming (he person or position. Any signature (s) on he Certification must be notarized bv a Notary Public or similar authority.

Facility Name: j

OWNER'S CERTIFICATION OPERATOR'S CERTIFICATION COKP< JllATlON: (vice president or higher or CORPORATION: (vif^upi«iclcnt or higher or iVsiunaied rcpresentatiy)

(signature)

(print name) (prim name) . . .__•'__/ (date). . .''.... ' l'

PARTNERSHIP OR SOLE PROPRIETORSHIP: PARTNERSHIP OK SOLE PROPRIETORSHIP: (general partner, proprietor or designated representative) (general partner, proprietor or designated reprcsenuiiivu

(siyiu'iure) (.signature)

(print nnmc) (print name) / / (date)

GOVERNMENT OR PUBLIC AGENCY GOVERNMENT OR PUBLIC AGENCY (principal executive officer or ranking elected official (principal executive officer or ranking elected official or designated representative) or designated representative)

(signature) (signature)

(print name) (print name) / / (date) /_ / (date) jNQTARY NOTARY . Sworn before me this Sworn before me this day of 6:^ '~ day ol' 19

ELAINE RUSSO NOTARY PUBLIC OF NEW JER3EY- (Notary (Notary Public) MY COMMISSION EXPIRES AIJ£UST 1, 2001 943660111 erser; Christine Todd Whitman Department of Environmental Protection 'Robert C Shinn ]r C^-erncr . Bureau of Stormwater Permitting ^9 2001 Commissioner Di\'ision of Water Quality C'N'-029 ": MJDEP Trenton, i\c\v Jersey OS62;-00.29r)|VIS(ON OF WATER QUALITY Tel: 609-633-702! BURWU OF NONPOINT POUUT10K COMTROI FAX: 609-9S4-2M7

Bureau of Stormwater Permitting

SWG: E - ftOP2Vy ATTACHMENT "D" Sto/777wafer Pollution Prevention Plan Implementation and Inspection Certification

, :,?;,-,•'. Generate. Prod.uots,Man.ijfactL/nng Facilities (NJPDES INDUSTRIAL PERMIT NO. NJ0108456)

V'f certify tinder penalty of law that I have personally examined and am familiar with ihe information in this ' Storrmvater Pollution Prevention Plan implementation and Inspection Certification and all attached documents, and in the stormwater pollution prevention plan referred to in this certification."

"[ certify that this Stormwater Pollution Prevention Plan Implementation and Inspection Certification and all attached documents were prepared by personnel under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather-and-evaluate-this, information. Based on. my inquiry oL those individuals immediately responsible for obtaining this information, J believe that the information in this Siornnvarer Pollution implementation and (n.spection Certification and all attached documents is true, accurate and complete."

"I certify that the facility has been inspected to identify areas contributing to the stormwater discharge authorized under NJPDES Permit No. NJ010S456 and to evaluate the stonmvater pollution prevention plan (SPPP) prepared under that permit complies with part Ill.B. of that permit and is properly implemented."

"I certify that the stormwater pollution prevention plan referred to this Stormwater Pollution Prevention Plan Implementation and Inspection Certification has been and will continue to be fully implemented at this facility in accordance with the terms and conditions of part III of NJPDES. Permit No. NJ0108456. I specifically certify that there is no exposure, during and after storm events, of industrial materials, machinery, waste products or othe- source materials located .at the facility, to stormwater that is discharged through separate storm sewers to surface waters (except for incidents of non-compliance identified in the attached report). I also specifically certify that this facility does not generate and discharge, through storm sewers to surface waters, any domestic wastewater, non- •rontact cooling water, or process waste water) including leachate and contact cooling water) other than stormwater, unless that discharge is.authorized by another NJPDES permit or identified in an application (or request for authorization) submitted for another HJPDCS permit. (OVER)

x New Jersey is an fcqual Opporfumty Employer 943660112 WHO MUST SIGN? The Department will accept both signatures or just the operator's (in which case only the operator obtains the permit). A vice president or higher level company officiaj or equivalent government official may assign his signatory authority for this certification to a named person or generic position (e.g., plant manager, plant engineer, operations manager, etc.) having overall responsibility for facility operation or the permittee's environmental matters by submitting a letter to (he Bureau of Stormwater Permitting stating said authority and naming the person or position. Any signature (s) on the Certification must be notarized by a Notary Public or similar authority.

Facility Name:

OWNER'S CERTIFICATION ' OPERATOR'S CERTIFICATION CORPORATION: (vice president or higher or CORPORATION: (vice president or higher or designated representative) :signated representative)/-'!

(signature) (signature)

(print aa.ne) (print name)

/__/__ (date) - (date)

PARTNERSHIP OR SOLE PROPRIETORSHIP: PARTNERSHIP OR SOLE PROPRIETORSHIP: (general partner, proprietor or designated representative) (general partner, proprietor or designated \presentative)

(signature) (signature)

(print name) (print name)

_/_/__ (date) __/__/ (date)

GOVERNMENT OR PUBLIC AGENCY GOVERNMENT OR PUBLIC AGENCY (principal executive officer or ranking elected official (principal executive officer or ranking elected official or designated representative) or designated representative)

(signature) (signature)

(print name) (print name)

__/_/_ _ (dale) _/___/__ (date)

NQTAJR-Y- NOTARY Swom before me this Sworn before me this day of day of 19'

ELAINE RUSSO (Notary Pv.blic) • otary Public) NOTARY PUBLIC OF NEW JERSEY 9/95 MY COMMISSION EXPIRES AUGUST 1, 200! X . 943660113 Division of Water Quality Bureau of Permit Management PO Box 029 Trenton, NJ 08625 - 0029 Phone: (609) 984-4428 Fax: (609) 777-0432

Application for Transfer of a Slonnwater Permit (I\.J.A.C. 7:14A-16.2)

This form must be completed by the current and new permittees. If there is a section where no change of information will occur, print "NC" across that section.

NJPDES Permit # NJ0108456 SWG# E-000244 Permit Category(ies) CPM

Current Facility Information New Facility Information

/. Permittee/operating entity A. Name and malting address of permitted/operating A. Name and mailing address of permittee/operating entity: entity:

Blue Circle Materials Inc. Eastern Concrete Materials Inc. 475 Market St 475 Market St Elmwood Park, NJ 07407 Elmwood Park, NJ 07407

B. Facility name and address: B. Facility name and address:

Blue Circle Materials East Newark Facility Eastern Concrete Materials 800 Passaic Avenue East Newark Facility East Newark, NJ 800 Passaic Avenue East Newark, NJ

C. Telephone number: 201-797-7979 ext 208

D. Federal tax ID#: 22-1823490

E. EPA ID #: 10629

F. SIC Code #: 3273

, Contact person/telephone number Robert K. Davis 201-797-7979 x 208

943660114 Current Facility Information New Facility Information H. Parent company mailing address and telephone number

Eastern Concrete Materials Inc. &o Not Write 475 Market St Elmwood Park, NJ 07407

2. Property owner A. Name and mailing address: A. Name and mailing address:

NC NC

B. Telephone number: B. Telephone number

^ » C. Federal Tax ID #: ,-vt

D. Owner status:

City Commercial County Religious _State Charitable Federal Public School Principal Officer(s)/Legal Process A. Names of the principal officer or officers responsible for the facility operation and maintenance under the new » - ^ r - I C* x j- i J operator identified under number Ib above: \ r V < . *ih',iri'-i»,>» * '« v i -r ^- - -,«•<(' tf- '-,'%- v*t " f* f v ^ Name/Title: Michael Gentoso VP & General Manager Name/Title:

^ ^ -^F ^ -^ t- IJl 4-»^. . Ill - Name/Title: ,- ' 5fs ^ < t

943660115 Current Facility Information New Facility Information B. Name, address and telephone number of person upon B. New name, address and telephone number of person whom legal process can be served: upon whom legal process can be served: Blue Circle Materials Inc. Eastern Concrete Materials Inc. Michael Gentoso Michael Gentoso VP & General Manager VP & General Manager 475 Market St 475 Market St Elmwood Park, NJ 07407 Elmwood Park, NJ 07407

5. When a permit is transferred, submit a written agreement between the current permittee and the new permittee which includes a specific date for the transfer of permit responsibility between the current permittee and new permittee. (PLEASE ATTACH AGREEMENT SIGNED BY CURRENT AND NEW PERMITTEE)

6. Any additional information relevant to the transfer of this NJPDES permit. (PLEASE ATTACH)

7. "I certify under penalty of the law that this form and all attached documents were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. As far as I know, none of the stormwater discharges for which this request is submitted are excluded from authorization:

By part I. B. of NJPDES Permit No. NJ0088315 (Basic Industrial); or By part I. B. of NJPDES Permit No. NJ0108456 (Concrete); or According to the Fact Sheet of NJPDES Permit No. NJ0107671 (Scrap Metal)".

"I am aware that pursuant to the Water Pollution Control Act, NJ.S.A. 58:10A-1 et seq., there are significant civil and criminal penalties for making a false statement, representation or certification in any application, record, or other document.filed or required to be maintained under that Act, including fines and/or imprisonment."

Ji fyyj^ (SIGNATURE OF NW PERMITTEE) (Date)

Michael Gentoso

(Print name)

943660116 943660117 CERTIFIED MAIL RETURN RECEIPT REQUESTED

Christine Todd Whitman Department of Environmental Protection Robert C. Shinn, Jr. Governor Bureau of Storm water Permitting Commissioner . Division of Water Quality 401 East State Street, CN 029 Trenton, NJ 08625-029 Tel. 609-633-7021 Fax:609-984-2147

To: BLUE CIRCLE MATERIALS INC November 28, 1995

Please find enclosed your Authorization to Discharge Stormwater under NJPDES General Permit No. NJ0108456 . All co-permittees will receive original Authorizations. One' of these Authorization forms is requested to be LOCATED at the regulated facility at all times and be AVAILABLE for inspection 'by any authorized representative of the New Jersey Department of Environmental Protection. If you have designated an agent, it is your responsibility to notify your agent about this General Permit Authorization and its requirements,

Your Stormwater Pollution Prevention Plan (SPPP) Certifications (Attachments "C" and "D") are also included. Below is a brief description of each: . .

ATTACHMENT "C" (SPPP Preparation Certification) certifies that the Plan has been prepared in accordance with the permit. The permit specified that this Certification must be signed, notarized and submitted to the Bureau six (6) months from the effective date on the enclosed Authorization of Discharge.

/TTACHMENT "D" (SPPP Preparation Certification) certifies that the Plan has been implemented and that you have inspected the facility for compliance with the Plan-and the permit. The permit specified that this Certification must be signed, notarized and submitted to the Bureau within thirtyTSix (36) months from the effective date on the enclosed Authorization to Discharge. •

Should any information about your facility, i.e., mailing address, contact person, etc. change, please contact this office for a Standard Change Form. If your facility is moving it's .location, please write to the Bureau of Stormwater. Permitting for. instructions, ...

Please be aware (hat the Department has adopted changes to the NJPDES Rules regarding annual permit fees. The Department will be charging $1,050.00 in F.Y96, and SI, 400.00 in FY97, for most Surface Water General Permits (which includes this permit). If you have paid the $500.00 application fe". you will be billed for the additional $550 in the FY 96 bill \vnichwillbeseritinjanijaryl996.

The Department appreciates your efforts toward accomplishing the goal of providing cleaner water for our State and looks forward to working together with you in the future. If you have any questions, please contact our Stormwater Hotline at (609) 633-7026.

Sincerely,

B.arry Chalofsky.i , P.P., Manager Bureau of Stormwater Permitting Enclosures: (3) Authorization to Discharge Form Attachment "C" Attachment "D"

New jersey is an Equal Opportunity Employer Recycled Paper 943660118 Resource Management AssQciateSj fnc.

Worksheet #1 Pollution Prevention Team Blue Circle Materials, Inc., East Newark Facility

Pollution Prevention Team Members

Leader: Michael Gentoso Title: V. P. of Operations

Office Phone: 201-797-7979

Emergency Contact Phone: Same as Above

Responsibilities: Signatory authority; oversees, authorizes and coordinates SPPP development an implementation.

Member: Richard Hastings Title: Director of Concrete Operations

Office Phone: 201-797-7979

Emergency Contact Phone: 201-728-0508

Responsibilities: Coordinates and approves SPPP development and implementation; approves BMP selection and implementation; coordinates training, maintenance and inspections.

Member: Gene Kroncke Title: Environmental Manager

Office Phone: 201-797-7979

Responsibilities: Oversees and coordinates regulatory compliance; conducts audits and inspections, coordinates SPPP development and implementation; approves BMP selection; prepares compliance report; maintains records and reports at Corporate Office.

Member: Steve Jackson Title: Plant Manager

Office Phone: 201-797-7979

Responsibilities: Oversees and coordinates SPPP and BMP implementation at facility; oversees inspections and maintenance; conducts inspections; responsible for report preparation, maintenance and inspection records.

943660119 FOR STATE USE ONL swoE •

CfcRECD. AATT. RECTO. A/AR8TD. 5PPP RECTO. CERT. SOWED DATERECD. SP: ROUTE State of New Jersey STAFF Department of Environmental Protection COMCOOe Bureau of Stornwater Permitting

Hotline Number (609) 633-7026 (24 hrs.)

Stornnvater Discharge Associated with Concrete Products Manufacturing Facilities Request for 'General Permit Authorization (RFA) under NJPDES General Permit No. NJ0108456

Please read and follow all the instructions (see attached sheet). Sign, Date and Notarize where indicated. PJUNJj or TYPE alf information. 1. Facility A. IMame-fflUUfft M M M M M M If I M I I I f M M ) B. Location gl/»SITl'MlglUJlfrjga-| M M M M M M MI M (number and street) itis&l l&MdfeiuJKRgf rtM^gJSfofct fcftvfeJsiftJilcJ la.kJI£ C. City or Town .™ IgVHSITT WWldAM f M M I ( f f \"\ MM D. County &SG\€\A'\ \ \ \ \ E. EPA ID #. (if assigned) f M f I I M M I M M F. Mailing address ...107151 fllftifl/lfglfl t5fTM X M I i I-.M I I ft r { M (number and street) M I I M M I M M I M M M M M M M G. City or Town...... &HHto0\0\&\ I f » M > f f f M t » [ ( M K State Ml Zip Codent7^g>7f - I MM J. SIC Code (3Ont5f Short &oti\at&m£\ \ i f i M 11 M K. Contact Per^nlKiJMl MUM ITele.(lZ»gl/n-f L Parent Company! M M M f I f M M M M I Tele.(l t I f)-l I I M j j Mailing Addressi I M M M I I M I I I M I M M I M M M I M M I I I City/ Town M I J. M M I 1 M M I State JJJ Zip Code I » I M I ~ I MM

2.-Property A. Name f //7/£9r0 C^C.r . . . -.^...... ciCa ' MM M M M M M I I ( B. Permanent Legaf Address'\%QO faSSfaK / , I \\-~\\ \ \ \ M -II I C. /xji.__-rCrty or Town^- , . ' » V--Zilc.- 'J^"rfL ^ if*~ i Js i l.J^fe M I M I \-\-\ \ \ \ II Mil ^ State .^ML 'Zip Code \&£0. \ Taxpayer Identification Number or SS# ( ( I f-f M-! I I I i F. Owner Status (circle Q^^^ "' °^' 2 county 3. state 4, federal.

^>.ceif!rnsrcia j i / 6. religious 7. charitable 8. public sol 100is . / .^ j . i *\ ^7 / vy} .£/ •• --.-; - .- - •• • Q. Tele. 943660120 A ------— Ul pttj UIBSIUJ.-t ^- B. Permanent Legal Address W\fr\£MJfc\r\' &T\ \ I. J. I i i ..;-. i i '•' i / r i i :. City,orTowng£)M|lt;i0iai5{ ifW^O J | I I I I I I I I .1 ! ! i M..J IJJj D. State IJUj Z'P Code E. Telephone (-[T^JJ ) - Parent Company I i I I . I I ! I I I I I I I .1 |_J Tele. (|_U_J) - |_)_J-J -ULtJJl Mailing Address I I I I I I J_J_ l_l_l. .J_I_J_I_I_L..I I I I I I I I 'I _ __ I (jj Cky/Town I II J i I M J I I ) II I State! I I Zip Code [ | | I |J-|__U_|J

4. Facility Description and Use (Current.or Proposed) . Please PRINT or TYPE

This facility is a ready miied concrete manufacturing facility (SIC code ho. 3273). On site facilities include ready mixed concrete manufacturing equipment (concrete batching plant, aggregate storage bins, office), aggregate storage (sand & gravel), parking areas and access lanes, and other miscellaneous facilities.

5. Status of Facility (Circle ONE) Include date for NEW facilities ONLY!

Existing PQ New 1—I Date new facility's activities commence: i I I i I I | [ | \'_ (__ •;,.•'-.'• ...- • • Mo: .Day- Year

6. NJPDES Permits. Please answer'A (permit number(s) or-NONE): Answer B only if permit(s) exist.

A. List ALL N/PDES surface water permits (in any stage/status) for this facility: NJ[_|_!_I_(_1_I_I NJL_i_L_LL_LJ_J NJ[_LLI_|_L_U NJL_U_LLLJ_! If NONE check here Q. Go to 6B, onlyifyoui have; listed ariy'pe'miits in 6A. --- •-.-,•.•.•: - H. For those permits usted in 6A. do any include stormwater rpmpqnents? YES NO (Circle ONE)

7. Attachments ;- '. ' ' ' •. . • .,.',' V '.. A. $500:00 Fee -.Payable to "Treasurer - State of New Jersey". '' • Checfe No. \O\&\4\f \9\4\ [_[ **.* Circle YES or NO for each question below *** B. Have arrangements been made for publication of newspaper notice? /"jp NO (Circle ONE) NOTE J Sample notice given on reverse side (bottom) 6«he RFA Instruction C. Is a clear copy of the USGS Quad Sheet, attached with the facility location distinctly marked? (YES(lNOy

8. Supporting Information: (use of this block is OPTIONAL

L-.

943660121 l |«»»»»p~|+i»«»,»| )**»»,»[ J»»4,»»|~~]»»»»»j _ | [ _ {+**+*] _ |«***+| _ j ATTACHMENT "A" CONCRETE PRODUCTS MANUFACTURING FACILITIES (NJ01 08456) RFA CERTIFICATION cem'ry under penalty of law that I have otirsonally examined <\nri am familiar \viih the information subitted in tliis Request for Authorization and all attached documents, and that this Request for Authorization and all attached documents were prepared by p-rsonneJ under my direction or supervision in accordance with a system designed to assure that qualified personnel prpoerly gather and evaluate the infontiation submitted. Based on my inquiry of those indhiduals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate and complete, and that as far as I know, none of the stormwater discharges for wlu'ch this Request tor Authorization is submitted are excluded from authorization by part I.B of NJPDES Permit No. N'JOl 08456."

"[ also certify that I have made arrangements for publication, in a daii »' or weekly newspaper within the area affected by the facility identified in this RFA. of a notice which states that a request for authorization under general permit N7o. NJ0108456 to discharge stonmwater to surface watens) has been submitted pursuant to N.J.A.C. ~:14A-3.9(b)2. Tlu* notice identities die general permit number. (lie legal nam: :':i'.d address of the O'vner and operator, the facility name and address, and Mje of facility or ciidiaiees." Name of newspaper: eq.. there are signiScanr. civil and criminal penalties for iDukiiig a false statement, representation or certification ui -any apjjh'catiojL recoid or uiher d-xuinent filed or required to be maintained >;;iu<;r that Act. including fines and.'' or imprisonment." WHO MUST SIGN? The Department will accept both signatures or just the-optratbr's (in which case only the operator obtains the permit), vice president or higher level company official or equivalent government official may assign his signatory authority for thi certification to a named person or generic position (e.g., plznt manager, plant engineer, operations manager, etc.) bavin overall responsibility for facility operation or the applicant's environmental matters by submitting a letter to the Bureau Stormwater Permitting stating said authority and naming the person or position. Any signature (s) on the Certificatie must b« notarized by a Notary Public or similar authority.

Facility Name:

DOWNER'S CERTIFICATION 'S CERTIFICATION 3RPORATION: (vipo president or higher CORPORATION: ( ident or higher sigaaied

uro)

(print name

(dste) (date) PARTNERSHIP OR,SOI,E PROPRIETORSHIP: PARTNERSHIP OR SOLE PROPRIETORSHIP: (general partner, proprietor or desigiiated representative) (general partner, proprietor or designated representative>

(signature) (signature)

(print name) (print name) __/__/ _ ~7date). (date) GOVERNMENT OR PUBLIC AGENCY GOVERNMENT OR PUBLIC AGENCY (principal executive officer or ranking elected official (principal executive officer or ranking elected official or designated representative) or designated representative)

(signature) (signature)

(print name) (print name) _/__/__• (date)- •

roc tin's

943660122 RFA AGENT AUTHORIZATION under .VJFDES ?,TJO!08456 (OPTIONAL)

")^ owner i I. ; I I M I I | I f f M I M M IIJ ! M ! I I II I Li-L-LLLi i-i i I i I M Ml I I | | | j | | | | | | j | | I I M ! ! I i i [| M i I II Li

iprint'type naniei

and L the operator II LJ-J M i M i ' I M

...... authorize the below named person 10 act as our ageni -representative in all matters pertaining to OUT Request for Authorization under N'JPDES General Penni'i Xo. X.TOJ 08456. '

Only one person need sign when the owner and operator are the same. Both parties must sign wher: owner and i'iiior are separate and distinct • .

f ,'£ i i

! I !

I I I -I LJ ! ( ; j

C.^'or To\vn:

Zip Code; i Tel:' ( ^iO;9f ) )6

rSjaiafui 7oT Opeiiior ) (Date)

OWNER'S CERTIFICATION OPERATOR'S CERTIFICATION Sworn before me tjais before me this day of ^P day of

(Notan'Public) (Xotiiiy Public)

AGENT'S CERTIFICATION. lo seive as Jgi;nt for the above listed Sworn before me this owner/operator day of is

iblicl.'- . ., 7 AMYJ.-ELDBIDGE NOTARY P^BUG Of KEW JERSEY My CommiBon Enpiras^Juna 29. 2OX) 943660123 Blue Circle Rain Inc.

Is pleased to announce thai

• we're changing our name ro

Blue Circle Materials Inc.

effective Ocioberj. 19l-)5

Our name may be chane-ina. however our commitment fo providing qualify products and improved levels of customer service remain our foremast objectives.

Our address and phone numbers \vi!l rerruiin (he same.

943660124 943660125 Christine To rid Whitman Department of Environmental Protection Robert Gk Shinn, Jr. Governor Commissioner Bureau'of Storm-water Permitting' Division of Water Quality 401 East State Street, CN 029 Trenton, New Jersey 08625-0029 ' Tel. 609-633-702) Fax: 609-984-2147

October 24, 1995

Mr. John S. Hayden' Blue Circle Materials, Inc. . . 385 Prospect Avenue P.O. Box 505 . Hackensack, New Jersey 07602 •-....

RE: Withdrawal of Individual Stormwater Permit Application NJ0108057, Blue Circle Raia, Inc. (Harrison).

Dear Mr. Hayden: • .

.//response to your request to withdraw your Individual Stormwater Permit Application (IPA), the Bureau of Stormwater Permitting. (BSWP) has determined that this permit application is no longer valid because your facility has completed a Request for Authorization under the Concrete General Permit NJ0108456, (SWGE- 000244) Therefore we are withdrawing your request for an Individual Stormwater Permit Application.

This letter -ihall serve as the official record, of your withdrawal. and.-.will..hp maintained in.our files.

If you have any questions about this withdrawal, please contact Carol O'Donneil at (609) 633-7021. Thank you.

Sincerely,

Barry Chalofsky, P.P., Manager Bureau of Stormwater Permitting

Carol O'Donnell KyAsral Bobbi Kershaw " an Marrazzo oug Ruhlin iBSWPFile

New Jersey is an Equal Opportunity 'Employer Recycled Fsper 943660126 943660127 D&B Comprehensive Report: HARRISON SUPPLY CO Pagel of 15

iornprenensive Report

HARRISON SUPPLY CO & Print Entire R D-U-N-S® Number 00-252-7737 E3 H-mail Repor

Copyright 2006 Dun & Bradstreet - Provided under contract for the exclusive use of * **v* HTML R

Overview Scores | Payments Public Filings | History & Operations | Banking & Final

OVERVIEW v Business Summary Overview > Executive Summary BUSINESS SUMMARY V2J, About Business Sumrns p Credil Capacity Summary SCORES HARRISON SUPPLY CO t. Financial Stress 800 Passaic Ave i. Credil Score Class Harrison, NJ 07029 O&B's Credit Limit Recommendation How much credit should you extend? PAYMENTS D&S D-U-N-S > Learn More * View Now \ Payment Trends 00-252-7737 t Payment Summary ' Number: Payment Trends Profile > Payment Details Payment trends and Industry benchmarks PUBLIC FILINGS > Jump to Payment Trends > Suits i> UCC Filings This is a single location. »Government Credit Score Class: £. Activity Telephone: 973 483-4494 Moderate risk of severe payment delinquency over next 12 HISTORY & months OPERATIONS >• History Fax: 973483-4411 High Moderate Low • Business Chief EDWIN W PHILLIPS, t 4 321 i- Qp_erations executive: CHB .- SIC & NAICS • Jump to: Credit Score Class Summary BANKINGS Year 1885 FINANCE started: f Key Business Financial Stress Class: 1 Ratios Employs: 10 Law risk of severe financial stress over the next 12 !• Finance months E Customer Service History: CLEAR High Moderate Low WEB RESOURCES . Jump to: Finance NOW WITH THIS 84 321 REPORT src, 3273 > Credit Limit 5031 • Jump to: Financial Stress Summary Recommendation • Jump to: SLC.& D&B RESOURCES NAICS & Full Glossary of Section 12-Month D&B PAYDEX®: 79 Terms When weighted by dolfar amount, payments to suppliers ? Making Better Line of Whol building average 2 days beyond terms. Cre.dJL.Decj.sioi! s. business: materials »Interpreting D&B Ratings and Scores 120 day* »tow 10 diy« daw Prompl Anticipate! > Understanding • Jump to: PAYDE Financial Statements > Understanding Ei D&B Rating; 1R2 Key Business Number of employees: 1R is 10 or more employees. Ratios https://ww\v.dnb.com/scripts/ProductRetriever.asp? 943660128 D&B Comprehensive Report: HARRISON SUPPLY CO Page 2 of 15

> Submit a Credit Composite credit 2 Is good. Reference on this. appraisal: Business • Jump to: Credit Capacity Summary

EXECUTIVE SUMMARY 522 £bput Executive Sjmm; * Back to Top

The Financial Stress Class of 1 for this company shows that during the previous year, firms with this classification had a failure rate of 0.49% (49 per 10,000), which is lower than the national average.

The Credit Score class of 2 for this company shows that during the previous year, 4.7% of the firms with this classification paid one or more bills severely delinquent, which is lower than the national average.

Predictive Scores This Business Comments Financial Stress Class 1 Failure Rate lower than the national average Financial Stress Score 1499 Highest Risk: 1,001; Lowest Risk: 1,850 Credit Score Class 2 Probability of Severely Delinquent Payment is lower than the national average.

Other Key Indicators Current PAYPEX 2 days beyond terms Pays same as the average for its industry of 2 days beyond terms Industry Median 2 days beyond terms Present management control 121 years UCC Filings UCC fillng(s) are reported for this business Filings No record of open Suit(s), Lien(s), or Judgment(s) in the D&B database Is clear

CREDIT CAPACITY SUMMARY I About Credit_Capadtyj?ujrmi; * Back to TOD

lliS D&B Rating: 1R2 Number of employees: 1R Indicates 10 or more employees. Composite credit appraisal: 2 Is good.

The 1R and 2R ratings categories reflect company size based on the total number of employees for the business. They are assigned to business files that do not contain a current financial statement. In 1R and 2R Ratings, the 2, 3, or 4 credltworthlness indicator is based on analysis by D&B of public filings, trade payments, business age and other Important factors. 2 Is the highest Composite Credit Appraisal a company not supplying D&B with current financial information can receive. For more information, see the D&B Rating Key.

# of Employees Total: 10 Payment Activity: (based on 10 experiences)

Average High Credit: $8,960 Highest Credit: $40,000 Total Highest Credit: $89,600

Jump to: Overview | Payments Public Filings History & Operations | Banking & Finance

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Scores

FINANCIAL STRESS SUMMARY E3.Abo.ut.FJnancja!_Stress_Summj ^ Back to Top

The Financial Stress Summary Model predicts the likelihood of a firm ceasing business without paying all creditors in full, or reorganization or obtaining relief from creditors under state/federal law over the next 12 months. Scores were calculated using a statistically valid model derived from D&B's extensive data files.

High Mod*rat« Low Financial Stress Class: 1 84321 Low risk of severe financial stress, such as a bankruptcy, over the next 12 months.

Incidence of Financial Stress

Among Businesses with this Classification: 0.49% (49 per 10,000) National Average 1.40% (140 per 10,000)

Financial Stress National Percentlle: 84 (Highest Risk: 1; Lowest Risk: 100)

Financial Stress Score: 1499 (Highest Risk: 1,001; Lowest Risk: 1,850)

The Financial Stress Class of this business is based on the following factors:

• No record of open sult(s), llen(s), or judgement(s) in the D&B files. • Control age or date entered in D&B files indicates lower risk. • 20% of trade experiences indicate slow payment(s) are present. • Payment experiences exist for this firm which are greater than 60 days past due.

Notes:

The Financial Stress Class indicates that this firm shares some of the same business and financial characteristics of other companies with this classification. It does not mean the firm will necessarily experience financial stress. The Incidence of Financial Stress shows the percentage of firms in a given Class that discontinued operation over the past year with loss to creditors, The Incidence of Financial Stress - National Average represents th( national failure rate and is provided for comparative purposes. The Financial Stress National Percentlle reflects the relative ranking of a company among all scorable companies In D&B's file. The Financial Stress Score offers a more precise measure of the level of risk than the Class and Percentile. I is especially helpful to customers using a scorecard approach to determining overall business performance, All Financial Stress Class, Percentile, Score and Incidence statistics are based on 2002.

Norms National %

This Business 84

Region: MIDDLE ATLANTIC

Industry: MANUFACTURING y

Employee Range: 10-19 57

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Financial Stress Norms Comparison (%) Years In Business: 82 26+

Thlf BufincM Region Industry Employee Year* in Range Bu«inecf Rcoion-MIDDLE ATLANTIC Imfurt>v=MANUFACTURINC Employee R4rtg« = 10-19 Years in But~mfss-2t +

This business has a Financial Stress Percentile that shows:

• Lower risk than other companies in the same region. • Lower risk than other companies in the same industry. • Lower risk than other companies In the same employee size range. e Lower risk than other companies with a comparable number of years in business.

CREDIT SCORE CLASS SUMMARY jjgjj About Credit Score Class Surnmj » Back to Top

The Credit Score class predicts the likelihood of a firm paying in a severely delinquent manner (90+ Days Past Terms) over the next twelve months. It was calculated using statistically valid models and the most recent paymer information in D&B's files.

High Moderate Low Credit Score Class: 2 S 4 1 J 1 Moderate risk of severe payment: delinquency over next 12 months.

Incidence of Delinquent Payment

Among Companies with this Classification: 4.70%

Credit Score Percentile: 81 (Highest Risk: 1; Lowest Risk: 100)

The Credit Score Class of this business is based on the following factors:

• Control age or date entered in D&B files indicates lower risk. « No record of open sult(s), lien(s), or judgments(s) In the D&B flies, e Business does not own facilities.

Notes:

e The Incidence of Delinquent Payment is the percentage of companies with this classification that were reported 90 days past due or more by creditors. The calculation of this value is based on an inquiry weighte sample. • The Percentile ranks this firm relative to other businesses. For example, a firm in the 80th percentile has a https://www.dnb.com/scripts/ProductRetriever.asp? 943660131 D&B Comprehensive Report: HARRISON SUPPLY CO Page 5 of 15

lower risk of paying in a severely delinquent manner than 79% of all scorable companies In D&B's files,

Credit Score Norms Comparison (%) Norms National Vo

his Business 81

Region; 43 MIDDLE ATLANTIC

Industry: 53 MANUFACTURING

Employee Range: 60 10-19

Years in Business: 70 26 +

Thw Busintff Region Industry Employee Ye«v in Rang* Buiine« Re oion* MIDDLE ATLANTIC

Employee Range = 10- Yean in Bu»!n**t = 26

This business has a Credit Score Percentile that shows:

• Lower risk than other companies In the same region. • Lower risk than other companies in the same industry. • Lower risk than other companies in the same employee size range. • Lower risk than other companies with a comparable number of years in business.

Jump to: Overview I Scores Public Filinas History & Operations Banking & Finance

Payments E3B$i«/vi

PAYMENT TRENDS I About Payment Trer > Back to TOD

Total Payment Experiences in D&B's 10 Current PAYDEX is: 79 equal to 2 days File: beyond terms

Payments Within Terms: 81% Industry Median is: 79 equal to 2 days (not dollar weighted) beyond terms Payment Trend unchanged, Total Placed For Collection: 0 currently is: compared to payments three Average Highest Credit: $8,960 months ago

Indications of slowness can be the result of dispute over Largest High Credit: $40,000 merchandise, skipped Invoices, etc. Accounts are sometimes placed for collection even though the existence or amount of Highest Now Owing: $30,000 the debt is disputed.

Highest Past Due: $750

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PAYDEX Scores l About PAYPEX Scoi > Back to Top

Shows the D&B PAYDEX scores as calculated on the most recent 3 months and 12 months of payment experiences

The D&B PAYDEX is a unique, dollar weighted indicator of payment performance based on up to payment experiences as reported to D&B by trade references. A detailed explanation of how to read and interpret PAYDEX scores can be found at the end of this report.

3-Month D&B PAYDEX: 80 12-Month D&B PAYDEX: 79 When weighted by dollar amount, payments to When weighted by dollar amount, payments to suppliers average within term;;. suppliers average 2 days beyond terms. 100

M day* tiaw Prompt Anticipate* Prompt Anticipate*

Based on payments collected over last 3 months. Based on payments collected over last 12 months.

D&B PAYDEX Key • High risk of late payment (average 30 to 120 days beyond terms) D Medium risk of late payment (average 30 days or less beyond terms) • Low risk of late payment (average prompt to 30+ days sooner)

PAYDEX Yearly Trend About PAYDEX Yearly Tre > Back to TOD

12 Month PAYDEX Scores Comparison to Industry

! 5/05 6/05 7/05 8/05 9/05 10/05J11/05 12/05 1/06'2/06 3/06 4/06 [This Business 71 75 75 I 76 76 76 77 79 79 79 79 79 Industry Quartiles jupper 80 80 80 ! so jMedian 79 79 79 1 79 jLower 71 72 72 ! 72 i

Shows the trend in D&B PAYDEX scoring over the past 12 months.

100] 90-j -,, ,, -,, 77 79 79 79 79 79 80-! -7-6 - 7-b --- 7-6- -V 71 70 ^H 60- PAYDEX 50 "i 40-1 30-j 20 j UN]

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May- Jun- Jul- Aug- Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- '05 '05 '05 '05 'OS '05 '05 '05 '06 '06 '06 '06

Last 12 Months Based on payments collected over the last 12 months.

- Current PAYDEX for this Business Is 79, or equal to 2 days beyond terms - The 12-month high is 79, or equal to 2 days beyond terms - The 12-month low is 71, or equal to 14 days beyond terms

PAYDEX Comparison to Industry About PAYDEX Comparison to Indus > Back to Top

Shows PAYDEX scores of this Business compared to the Primary Industry from each of the last four quarters. The Primary Industry is Whol building materials, based on SIC code 3273.

Quarterly PAYDEX Scores Comparison to Industry

Previous Year Current Year 6/04 9/04 12/04 3/05 6/05 9/05 12/05 3/06 This Business 73 71 67 | 70 This Business 75 76 79 79 Industry Quartiles Industry Quartiles Upper | 80 80 i 80 80 Upper 80 80 80 ! 80 ; Median 78 79 i 79 79 Median 79 79 79 ! 79 Lower ! 71 70 i 71 71 Lower j 71 72 72 72

80 |-70- 72 •••.•.'T:.. 72 ' 72

PAYDEX

Q2 2005 Q3 2005 Q4 2005 Ql 2006

Last 12 Months Based on payments collected over the last 4 quarters.

Score Comparison Key: > This Business A Industry upper quartile • Industry median T Industry lower quartile

- Current PAYDEX for this Business is 79, or equal to 2 days beyond terms • The present industry median score is 79, or equal to 2 days beyond terms.

Industry upper quartile represents the performance of the payers In the 75th percentile Industry lower quartile represents the performance of the payers in the 25th percentile

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Payment Habits About Payment Hat ' Back to Top

For all payment experiences within a given amount of credit extended, shows the percent that this Business paid within terms. Provides number of experiences used to calculate the percentage, and the total dollar value of the credit extended.

# Payment $ Total $ Credit Extended of Payments Within Terms Experiences Dollar Amount

Over 100,000 0

50,000-100,000 0 $0

15,000-49,999 3 $80,000

5,000-14,999 1 $5,000

1,000-4,999'.. . |D% $2,500

Under 1,000 $2,100

0% 50% 100%

Based on payments collected over "he last 12 months.

Payment experiences reflect how bills are met in relation to the terms granted. In some instances, payment beyond terms can be the result of disputes over merchandise, skipped invoices, etc.

PAYMENT SUMMARY About Paym e n t._Sumrni

The Payment Summary section reflects payment information in D&B's file as of the date of this report.

There are 10 payment experiences in D&B's file for the most recent 12 months, with 5 experiences reported during the last three month period.

Below is an overview of the company's dollar-weighted payments, segmented by Its suppliers' primary industries:

Total Total Dollar! Largest High Within Days Slow Rcv'd Amts ; Credit Terms <31 31-60 61-90 90> | (#) ($) ! ($) (%) (%) ! Top industries: Nonclassified 5 20,850 15,000 100 0 0 0 0 Short-trim busn credit 2 65,000 40,000 100 0 0 0 0 Mfg brick/tile 1 2,500 2,500 0 100 oj o 0 Radiotelephone commun 1 750 750 0 j 0 0| 0 100 Wise business credit -1 500 500 100 | 0 0 j 0 0

Other payment categories»:! Cash experiences 0 0 0 Payment record unknown 0 0 0 Unfavorable comments 0 0 0 Placed for collections: With D&B 0 0 0 Other 0 N/A 0

https://www.dnb.com/scripts/ProductRetriever.asp? 943660135 D&B Comprehensive Report: HARRISON SUPPLY CO Page 9 of 15

Total in D&B's file 10 40,000

The highest Now Owes on file Is $30,000 The highest Past Due on Hie is $750

Accounts are sometimes placed for collection even though the existence or amount of the debt Is disputed. Indications of slowness can be result of dispute over merchandise, skipped Invoices, etc.

PAVMENT DETAILS About Payment Del; > Back to Top

Detailed payment history

Date Reported Paying Record High Credit Now Owes Past Due Selling Terms Last Sale (mm/yy) ($) ($) ($) Within (months) 03/06 Ppt 40,000 30,000 0 Ppt 15,000 2,500 0 1 mo Ppt 5,000 2,500 0 1 mo Ppt 750 0 i 0 4-5 mos Ppt 50 0 0 2-3 mos 12/05 Ppt 50 50 0 1 mo Slow 90+ 750 750 750 1 mo 11/05 Slow 30 2,500 0 0 i 6-12 mos 09/05 Ppt 25,000 0 0 1 mo 04/05 Ppt ; 500 0 0 2-3 mos

Payments Detail Key: • 30 or more days beyond terms Payment experiences reflect how bills are met in relation to the terms granted. In some Instances payment beyond terms can be the result of disputes over merchandise, skipped invoices etc.

Each experience shown is from a separate supplier. Updated trade experiences replace those previously reported.

Jump to: Overview | Scenes I I History 8» Operations | Banking & Finance

Public Filings

PUBLIC FILINGS » Back to Top

The following data includes both open and closed filings found in D&B's database on the subject company.

Record Type # of Records Most Recent Filing Date Bankruptcy Proceedings 0 Judgments 0 Liens 0 Suits 3 03/28/2002 UCC's 16 01/14/2005

The following Public Filing data is for information purposes only and is not the official record. Certified copies can only be obtained from the official source.

SUITS EL About SL https.V/www.dnb.com/scripts/P'roductRetriever.asp? 943660136 D&B Comprehensive Report: HARRISON SUPPLY CO Page 10 of 15

> Back to Too

Status: Settled DOCKET NO.: L002134 02 Plaintiff: GERMANTOWN GROUP INC Defendant: HARRISON SUPPLY COM Cause: CONTRACT Where filed: HUDSON COUNTY SUPERIOR COURT, JERSEY CITY, NJ

Date status attained: 09/18/2003 Date filed: 03/28/2002 Latest Info Received: 01/10/2005

Status: Settled DOCKET NO.: SL000006721998 Plaintiff: JOHN DEFALCO Defendant: HARRISON SUPPLY COMPANY AND OTHERS Cause: AUTO Where filed: ESSEX COUNTY SUPERIOR COURT, NEWARK, NJ

Date status attained: 05/15/2000 Date filed: 01/15/1998 Latest Info Received: 01/02/2002

Status: Dismissed DOCKET NO.: SL-00005177-96 Plaintiff: PATRICIA CAMPOS MANUEL CAMPOS Defendant: HARRISON SUPPLY CO AND OTHERS Where filed; HUDSON COUNTY SUPERIOR COURT, JERSEY CITY, NJ

Date status attained: 12/14/1998 Date filed: 06/19/1996 Latest Info Received: 10/08/1999

If it is indicated that there are defendants other than the report subject, the lawsuit may be an action to clear title to property and does not necessarily imply a claim for money against the subject.

UCC FILINGS _About UCCfjJjr > Back to Top

Collateral: All Assets Including proceeds and products—All Inventory including proceeds and products - All Accounts receivable including proceeds and products - All Accountfs) including proceeds and products - and OTHERS Type: Original Sec. party: NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY, TRENTON, NJ Debtor: HARRISON SUPPLY COMPANY Filing number: 22776259 Filed with: SECRETARY OF STATE/UCC DIVISION, TRENTON, NJ

Date filed: 01/14/2005 Latest Info Received: 02/02/2005

Collateral: All Negotiable instruments including proceeds and products - All Inventory Including proceeds and products - All Account(s) including proceeds and products - All Timber Including proceeds and products - and OTHERS Type: Original Sec. party: UNITED TRUST BANK, BRIDGEWATER, NJ Debtor: HARRISON SUPPLY CO. Filing number: 2073823 Filed with: SECRETARY OF STATE/UCC DIVISION, TRENTON, NJ

Date filed: 11/13/2001 Latest Info Received: 12/07/2001

Type: Termination Sec. party: UNITED TRUST BANK, BRIDGEWATER, NJ https.Y/www.dnb. com/scri pts/ProductRetriever.asp? 943660137 D&B Comprehensive Report: HARRISON SUPPLY CO Page 11 of 15

Debtor: HARRISON SUPPLY CO. Filing number: 2073823 Filed with: SECRETARY OF STATE/UCC DIVISION, TRENTON, NJ

Date filed: 01/10/2005 Latest Info Received: 02/04/2005 Original UCC filed date: 11/13/2001 Original filing no.: 2073623

Collateral: Negotiable Instruments and proceeds - Inventory and proceeds - Account(s) and proceeds - Assets and proceeds - and OTHERS Type: Original Sec. party: INDEPENDENCE COMMUNITY INVESTMENT CORP., NEWARK, NJ Debtor: HARRISON SUPPLY CO., INC. Filing number: 22775528 Filed with: SECRETARY OF STATE/UCC DIVISION, TRENTON, NJ

Date filed: 01/10/2005 Latest Info Received: 02/07/2005

Collateral: All Accounts receivable including proceeds and products - All Account(s) Including proceeds and products - All Chattel paper including proceeds and products - All Equipment including proceeds and products Type: Original Sec party: SUMMIT BANK, HACKENSACK, NJ Debtor: HARRISON SUPPLY CO., INC. Filing number: 1993129 Filed with: SECRETARY OF STATE/UCC DIVISION, TRENTON, NJ

Date filed: 08/21/2000 Latest Info Received: 09/11/2000

Collateral: All Inventory and proceeds - All Account(s) and proceeds - All Timber and proceeds - All Oil, gas and minerals and proceeds - and OTHERS Type: Original Sec. party: UNITED TRUST BANK, BRIDGEWATER, NJ Debtor: HARRISON SUPPLY CO., INC. Filing number: 2C8C932 Filed with: SECRETARY OF STATE/UCC DIVISION, TRENTON, NJ

Date filed: 12/31/2001 Latest Info Received: 02/19/2002 -'••' --

Collateral: Equipment and proceeds Type: Original Sec. party: MODERN HANLDING EQUIPMENT OF N.J., INC., EDISON, NJ Assignee: HYSTER CREDIT COMPANY, PORTLAND, OR Debtor: HARRISON SUPPLY Filing number: 1962306 Filed with: SECRETARY OF STATE/UCC DIVISION, TRENTON, NJ

Date filed: 03/18/2000 Latest Info Received: 04/12/2000

Collateral: Leased Vehicles and proceeds - Leased Equipment and proceeds Type: Original Sec. party: COLONIAL PACIFIC LEASING, PORTLAND, OR Debtor: HARRISON SUPPLY COMPANY Filing number: 2000630 Filed with: SECRETARY OF STATE/UCC DIVISION, TRENTON, NJ

Date filed: 09/20/2000 Latest Info Received: 10/27/2000

Collateral: Leased Vehicles and proceeds - Leased Equipment and proceeds Type: Original

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Sec. party: COLONIAL PACIFIC LEASING, PORTLAND, OR Debtor: HARRISON SUPPLY COMPANY Filing number: 1995804 Filed with: SECRETARY OF STATE/UCC DIVISION, TRENTON, NJ

Date filed: 08/25/2000 Latest Info Received: 09/27/2000

Collateral: Leased Computer equipment and proceeds Type: Original Sec. party: WASCO FUNDING CORP., NEW YORK, NY Debtor: HARRISON SUPPLY CO., INC. Filing number: 1934683 Filed with: SECRETARY OF STATE/UCC DIVISION, TRENTON, NJ

Date filed: 10/08/1999 Latest Info Received: 11/11/1999

Collateral: Leased Equipment Type: Original Sec. party: C AND J LEASING CORP., DES MOINES, IA Assignee: WELLS FARGO BANK, MN NA ABS CUSTODY VAULT MAC N9311-160, MINNEAPOLIS, MN Debtor: HARRISON SUPPLY COMPANY and OTHERS Filing number: 1996754 Filed with: SECRETARY OF STATE/UCC DIVISION, TRENTON, NJ

Date filed: 09/13/2000 Latest Info Received: 09/27/2000 There are additional UCC's in DSiB's file on this company available by contacting 1-800-234-3867.

The public record items contained In this report may have been paid, terminated, vacated or released prior to the date this report was printed.

GOVERNMENT ACTIVITY %jj$ About Government Activ

Activity summary Borrower (Dir/Guar): NO -Administrative debt: NO Contractor: NO Grantee: NO Party excluded from federal program(s): NO

Possible candidate for socio-economic program consideration Labor surplus area: N/A Small Business: YES (2006) 8(A)firm: N/A

The details provided in the Government Activity section are as reported to Dun & Bradstreet by the federal government and other sources.

I Payments | Public Filings | Banking & Finance History & Operations

HISTORY JU. About. HJsti > Back to TOD

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The following Information was reported 04/06/2006:

Officer(s): EDWIN W PHILLIPS, CHB KENNETH E PHILLIPS, PRES

DIRECTOR(S): THE OFFICER(S)

Business started 1885 by Everett Phillips and Edwin W Phillips. 100% of capital stock is owned by officers.

Everett Phillips former founder is no longer with subject. Details declined.

EDWIN W PHILLIPS. Associated with this company since 1927 as an officer.

KENNETH E PHILLIPS born 1944. Son of the Chairman. Active here entire working career.

AFFILIATE:

Through similarity of officers:

Philbro Inc. Start date undetermined. Operates a real estate company. Passaic Ave, Grand Ave, and captioned address, in Harrison, NJ. Intercompany relations confined to that of landlord and tenant with regular monthly clearances made.

Business address has changed from 800 Passaic Ave, Harrison, NJ, 07029 to 800 Passaic Ave, East Newark, NJ, 07029.

BUSINESS REGISTRATION j^| About Business Reqlstrati » Back to Top

CORPORATE AND BUSINESS REGISTRATIONS PROVIDED BY MANAGEMENT OR OTHER SOURCE

The Corporate Details provided below may have been submitted by the management of the subject business and may not have been verified with the government agency which records such data.

Registered Name: HARRISON SUPPLY CO (INC)

Business type: CORPORATION Common stock Corporation type: PROFIT Authorized shares; . .100 _ ...... -., .,..,-, Par value: NO PAR VALUE Date incorporated: MAY 27 1927 State of incorporation: NEW JERSEY

Where filed: DEPT OF STATE/DIVISION OF COMMERICAL RECORDINGS, TRENTON, NJ

OPERATIONS |3j About Operatic > Back to Top

04/06/2006

Description: Operates as a wholesaler building materials exterior and interior.

Terms 2% 10 net 30 days and special terms. Has 100+ account(s). Sells to highway and building contractors and residential building contractors, Territory : Northern New Jersey.

Season peaks spring-fall. Business slow winter.

Employees: 10 which includes officer(s). Employees peak to 25 during spring-fall and drop to 10 during winter,

Facilities: Rents 43,500 sq. ft. in two story brick building Situated along Passaic River with dock space of over 650 sq, ft. with depth 100 ft. Also storage bins and other required facilities maintained.

SIC & NAICS ^| About SIC &_NAJ https://www.dnb.com/scripts/ProriuctRetriever.asp? 4/26/2006 943660140 PCAOOOiss D&B Comprehensive Report: HARRISON SUPPLY CO Page 14 of 15

> Back to Too

£2 SIC; Based on Information In our file, D&B has 327320 Ready-Mix Concrete Manufacturing assigned this company an extended 8-digit SIC, Lumber, Plywood, Millwork, and Wood 423310 D&B's use of 8-digit SICs enables us to be more Panel Merchant Wholesalers specific to a company's operations than if we Lumber, Plywood, Millwork, and Wood use the standard 4-dlgit code. 423310 Panel Merchant Wholesalers

The 4-digit SIC numbers link to the description on the Occupational Safety & Health Administration (OSHA) Web site. Links open In a new browser window,

32730000 Ready-mixed concrete 50310100 Building materials, exterior 50310200 Building materials, interior

Jump to: Overview | Payments Public Filings History & Operations

Banking & Finance

KEY BUSINESS RATIOS About Key Business Rat > Back to TOD

D&B has been unable to obtain sufficient financial information from this company to calculate business ratios. Our check of additional outside sources also found no information available on its financial performance. To help you in this instance, ratios for other firms in the same industry are provided below to support your analysis of this business.

Based on this number of establishments: 35

Industry Norms based on 35 establishments

This Business Industry Median Industry Quartile Profitability Return on Sales UN 1.9 UN Return on Net Worth UN 8.2 UN Short-Term Solvency Current Ratio UN 1.8 UN iQuick Ratio UN 1.6 UN 'Efficiency 'Assets Sales UN 43.0 UN 'Sales /'Net Working Capital UN 9.8 UN Utilization [Total Liabs / Net Worth UN 112.4 UN

UN = Unavailable

FINANCE | About Finar » Back to Top

03/24/2006 https://www, dnb.com/scripts/ProductRetriever.asp? 4/26/2006

943660141 PCA000139 D&B Comprehensive Report: HARRISON SUPPLY CO Page 15 of 15

On March 24, 2006, attempts to contact the management of this business have been unsuccessful. Outside sources (www.google.com, www.whltepages.com) confirmed operation and location.

CUSTOMER SERVICE » Back to Too

If you have questions about this report, please call our Customer Resource Center at 1.800.234.3867 from anywhere within the U.S. If you are outside the U.S. contact your local D&B office.

*** Additional Decision Support Available ***

Additional D&B products, monitoring services and specialized investigations are available to help you evaluate this company or Its Industry. Call Dun & Bradstreet's Customer Resource Center at 1.800.234,3867 from anywhere within the U.S. or visit our .website at wwvv.dnb.com.

Overview Scores Payments Public Filings History & Operations Banking & Finano

Copyright 2006 Dun & Bradstreet - Provided under contract for the exclusive use of subscriber 263725069L

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https ://www. dnb. com/scripts/ProductRetrie ver. asp? 4/26/2006 943660142 PCAOOOMn 943660143 D&B Comprehensive Report: PHILLIPS CONCRETE INC Page 1 of 12

-2^'l^ iComprehensive Report iHiifiHH^H HOB l^^^^^^^H Hi PHILLIPS CONCRETE INC &K*™i* |ilgiliB|B|@BB3 D-U-N-S® Number 16-544-8197 e E-mail Repoi ~J fff*v«rifi-o:><;rifiai _.

ATTN: [email protected] Report Prlnted. APR 26 2006

Overview | Scores | Payments | Public Filings History & Operations | Banking & Fina

OVERVIEW ^\\ t f* M« *• f\* «r > Business Summary vvci view > Executiye Summary BUSINESS SUMMARY J2J Abouit Business Summs t CrediLCapacity Summary PHILLIPS CONCRETE INC riteiatf^WJAta^Heia^ SCORES 1 '•"»^»**M»"S'*U^" ™" •"•™"8iirTlniffB^BBBrii'r iviiJiBiiBiBB ^ rr'rt-tn/~;-irln3nciai oussctr^ s 800 Passaic Avc > Credit Score Class Harrison, NJ 07029 D&B's Credit Limit Recommendation How much credit should you extend? PAYMENTS > Payment Trends > Learn More » View Now 0 D&B D-U-N-S 16.544-8197 > Payment Summary ^ Number; Payment Trends Profile » Payment Details Payment trends and industry benchmarks PUBLIC FILINGS > Suits * Jump to Payment Trends > UCC Slings This is a single location. HISTORY & Credit Score Class: 4 OPERATIONS > History Telephone: UNKNOWN Moderate to high risk of severe payment delinquency over next 12 months > Operations i-SICS NAICS High Moderate Low Employs: UNDETERMINED v BANKING & HM^nT~ -i.-.^nsl^HH FINANCE 14321 \, Key Business • Jump to: Finance Section • Jump to: Credit Score Class Summary Ratios SIC: 1771 >• Customer Service • Jump to: SIC& NAICS Section WEB RESOURCES Financial Stress Class: 2 NOW WITH THIS REPORT Line of Concrete contractor Moderate risk of severe financial stress over the t- Credit Limit business: next 12 months Recommendation High Mod*ra<» Low D&B RESOURCES •MB^>~r~~~" • . • "A^BMI » Full Glossary of 14321 Terms • Jump to: Financial Stress Summary t Making Better Credit Decisions o«o D&B &2J •*» *.• DS > Interpr_eting_D&B ^ Rating: Ratings and • Jump to: Credit Capacity Scores Summary > Understanding Financial Statements » Undfirsiaadlng Key Business Ratios > Submit a Credit Reference_o_n this Business JS1VI https://www.dnb.com/scripts/ProductRetriever.asp? 4/26/2006 943660144 D&B Comprehensive Report: PHILLIPS CONCRETE INC Page 2 of 12

EXECUTIVE SUMMARY bout Executive Su_mrn.; > Back to To

The Financial Stress Class of 2 for this company shows that during the previous year, firms with this classification had a failure rate of 1.37% (137 per 10,000), which Is lower than the national average.

The Credit Score class of 4 for this company shows that during the previous year, 24.7% of the firms with this classification paid one or more bills severely delinquent, which Is 1.44 times higher than the national average.

Predictive Scores This Business Comments financial Stress Class 2 Failure Rate lower than the national average. Financial Stress Score 1357 Highest Risk: 1,001; Lowest Risk: 1,850 Credit Score Cla 4 Probability of Severely Delinquent Payment is higher than the national average.

CREDIT CAPACITY SUMMARY LAbout Credit_Cap_acity.5ummj > Ba£k_to_Top_

|?| D&B Rating: PS

The DS rating indicates that the Information available does not permit D&B to classify the company within our rating key. For more information, see the D&B Rating Key.

# of Employees Total: UNDETERMINED Payment Activity: (based on 2 experiences)

Average High Credit: $2,625 Highest Credit: $5,000 Total Highest Credit: $5,250

Jump to:

Overview | Payments | Public Filings | History & Operations | Banking & Finance

Scores

FINANCIAL STRESS SUMMARY Ej About,Financial Stress Summ;

The Financial Stress Summary Model predicts the likelihood of a firm ceasing business without paying all creditors In full, or reorganization or obtaining relief from creditors under state/federal law over the next 12 months. Scores were calculated using a statistically valid model derived from D&B's extensive data files.

High Moderate Low Financial Stress Class; 2 t 4 3 2 1 Moderate risk of severe financial stress, such as a bankruptcy, over the next 12 months.

Incidence of Financial Stress

Among Businesses with this Classification: 1.37% (137 per 10,000) National Average 1.40% (140 per 10,000)

https://www.dnb.com/scripts/ProductRetriever.asp? 4/26/2006 943660145 PC A 000149 D&B Comprehensive Report: PHILLIPS CONCRETE INC Page 3 of 12

Financial Stress National Peircentile: 11 (Highest Risk: 1; Lowest Risk: 100)

Financial Stress Score: 1357 (Highest Risk: 1,001; Lowest Risk: 1,850)

The Financial Stress Class of this business Is based on the following factors:

• No record of open suit(s),. lien(s), or judgement(s) in the D&B files. • 50% of trade experiences Indicate slow payment(s) are present.

Notes:

The Financial Stress Class Indicates that this firm shares some of the same business and financial characteristics of other companies with this classification. It does not mean the firm will necessarily experience financial stress. The Incidence of Financial Stress shows the percentage of firms In a given Class that discontinued operation over the past year with loss to creditors. The Incidence of Financial Stress - National Average represents thi national failure rate and is provided for comparative purposes. The Financial Stress National Percentile reflects the relative ranking of a company among all scorable companies in D&B's file. The Financial Stress Score offers a more precise measure of the level of risk than the Class and Percentile. J is especially helpful to customers using a scorecard approach to determining overall business performance, All Financial Stress Class, Percentile, Score and Incidence statistics are based on 2002.

Financial Stress Norms Comparison (%) Norms National i This Business 11 ! i Region: 60 MIDDLE ATLANTIC

(Industry: .'CONSTRUCTION 50 j i Employee Range: UN

JYears in Business: UN i

This Business Regicn Employee Rang* Region = MIDDLE ATLANTIC In

This business has a Financial Stres:; Percentile that shows:

• Higher risk than other companies in the same region. • Higher risk than other companies in the same industry,

CREDIT SCORE CLASS SUMMARY About Credit Score Class Sum mi t Back to Top

The Credit Score class predicts the likelihood of a firm paying in a severely delinquent manner (90+ Days Past Terms) over the next twelve months. It was calculated using statistically valid models and the most recent paymer information In D&B's files,

https://www.dnb.com/scripts/ProductRetriever.asp? 4/26/2006 943660146 D&B Comprehensive Report: PHILLIPS CONCRETE INC Page 4 of 12

High McxUrat* Low Credit Score Class: 4 frMF^— _ T-r^^a^ 8 4 3 I 1 Moderate to high risk of severe payment delinquency over next 12 months,

Incidence of Delinquent Payment

Among Companies with this Classification: 24.70%

Credit Score Percentile: 12 (Highest Risk: 1; Lowest Risk: 100)

The Credit Score Class of this business is based on the following factors:

• 50% of trade experiences indicate slow payment(s) are present. • No record of open suit(s), lien(s) or judgment(s) in the D&B files. • Business does not own facilities.

Notes:

• The Incidence of Delinquent Payment is the percentage of companies with this classification that were reported 90 days past due or more by creditors. The calculation of this value Is based on an inquiry weighte sample. • The Percentile ranks this firm relative to other businesses. For example, a firm in the 80th percentile has a lower risk of paying In a severely delinquent manner than 79% of all scorable companies in D&B's files.

Credit Score Norms Comparison (%) Norms National % 100 - I i I 90 ~ I I I rrn s Business 12 —» 80 ~ 1 a? [Region: "— 70 1 43 £ MIDDLE ATLANTIC 'S BO ~ XROJ, , | i IMBI Industry: 56 iCONSTRUCTION

(Employee Range: UN | jYears in Business: UN 0 -1 Tkii Business Region Industry Employee Years In Range Businesf Reqioc. = MIDDLE ATLANTIC IiMTustry=CONSmUCTION

This business has a Credit Score Percentile that shows:

• Higher risk than other companies in the same region. • Higher risk than other companies in the same industry.

Jump to: Overview Scores. Public Filings | History & Operations Banking & Finance

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Payments

PAYMENT TRENDS £?J.About Payment Jrer v Sack to Top

Total Payment Experiences in D&B's File: 2 Current PAYDEX is: unavailable

Payments Within Terms: N/A Industry Median is: 78 equal to 3 days (not dollar weighted) beyond terms Payment Trend unavailable Total Placed For Collection: 0 currently is:

Average Highest Credit: $2,625 Indications of slowness can be the result of dispute over merchandise, skipped invoices, etc. Accounts are sometimes placed for collection even though the existence or amount of Largest High Credit: $5,000 the debt is disputed.

Highest Now Owing: $2,500

Highest Past Due: $1,000

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PAYDEX Scores PA YBii Scoi > Back to Top

D&B has not received a sufficient sample of payment experiences to establish a PAYDEX score.

D&B receives nearly 400 million payment experiences each year. We enter these new and updated experiences into D&B Reports as this Information Is received. At this time, none of those experiences relate to this company.

PAYDEX Yearly Trend About PAYPEX Yearly Tr« *• Back to TOD

12 Month PAYDEX Scores Comparison to Industry

I/ 2/ 3/ 4/ 5/ 6/ 7/ 8/ 9/ 10/ ll/ 12/ This Business UN UN UN UN UN UN UN UN UN UN UN UN Industry Quartiles Upper j 80 80 80 80 Median 7fi 78 78 78 Lower 68 67 68 68

Shows the trend In D&B PAYDEX scoring over the past 12 months.

PAYDEX

-T—r—r—r—r—r—r—p—r—r—r—r- Jan- Fab- Mar- Apr- May- )un- Jul- Aug- Sep- Oct- Nov- Dec-

Last 12 Months Based on payments collected over the last 12 months.

- Current PAYDEX for this Business is unavailable.

PAYDEX Comparison to Industry Abgu.t PAYDEX Comparison to Indus > Back to Top

Shows PAYDEX scores of this Business compared to the Primary Industry from each of the last four quarters. The Primary Industry is Concrete contractor, based on SIC code 1771.

Quarterly PAYDEX Scores Comparison to Industry

Previous Year Current Year

6/04 ! 9/04 12/04 3/05 i 6/05 9/05 12/05 Is/06 This Business UN j UN UN UN This Business i UN UN UN j UN https://www.dnb.com/scripts/ProductRetriever.asp? 4/26/2006 943660149 PCA000146 D&B Comprehensive Report: PHILLIPS CONCRETE INC Page 7 of 12

Industry Quartiles Industry Quartiles | Upper 80 80 80 80 Upper 80 80 80 80 ; Median 78 77 77 77 Median 78 78 78 78 i Lower 67 66 66 67 Lower 67 68 68 68 |

PAYDEX

r Q2 2005 Q3 2005 Q4 2005 Ql 2006

Last 12 Months Based on payments collected over the last 4 quarters.

Score Comparison Key: > This Business A Industry upper quartile • Industry median T Industry lower quartile

- Current PAYDEX for this Business is unavailable - The present industry median score is 78, or equal to 3 days beyond terms.

- Industry upper quartile represents the performance of the payers in the 75th percentile - Industry lower quartile represents the performance of the payers in the 25th percentile

Payment Habits C?3 About Payment Hat > Back to Top

For all payment experiences within a given amount of credit extended, shows the percent that this Business paid within terms. Provides number of experiences used to calculate the percentage, and the total dollar value of the credit extended.

# Payment $ Total $ Credit Extended of Payments Within Terms Experiences Dollar Amount

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Over 100,000 0% 0 $0

50,000-100,000 0% 0 $0

15,0.00-49,999. 0%" • ' .: . ' - ' • o $0

5,000-14,999 0% 0 $0

'' ;0 1,000-4^99 0% ; ' $0

Under 1,000 0% 0 $0 1 1 1 1 1 1 1 1 1 1 0% 50% 1C

Based on payments collected over the last 12 months.

Payment experiences reflect how bills are met in relation to the terms granted. In some instances, payment beyond terms can be the result of disputes over merchandise, skipped Invoices, etc.

PAYMENT SUMMARY |?| About Payment.Su.rn.mi »• Back to Top

D&B has not received a sufficient sample of payment experiences to establish a PAYDEX score.

The Payment Summary section reflects payment information In D&B's file as of the date of this report.

There are 2 payment experiences in D&B's file for the most recent 12 months, with 0 experiences reported during the last three month period. ~Below is an overview of the company's dollar-weighted payments, segmented by its suppliers' primary industries: Total Total Dollar Largest High; Within Days Slow Rcv'd Amts Credit I Terms <31 31-60 61-90 90> (#) ($) C$) 1 (<*>) (: Cash experiences j 0 0 0 Payment record unknown 0 0 0 Unfavorable comments 0 0 0 Placed for collections: With D&B 0 0 0 Other 0 N/A 0 Total in D&B's file 2 5,000

The highest Now Owes on file is $2,500 The highest Past Due on file is $1,000

Accounts are sometimes placed for collection even though the existence or amount of the debt is disputed. Indications of slowness can be result of dispute over merchandise, skipped invoices, etc.

PAYMENT DETAILS E|. About £ayment.J2et; > Back to Top

Detailed payment history

Date Reported Paying Record ! High Credit Now Owes Past Due Selling Terms Last Sale (mm/yy) | ($) ($) ($) Within https://w\vw.dnb.com/scripts/ProductRetriever.asp? 4/26/2006 943660151 PCA00014£ D&B Comprehensive Report: PHILLIPS CONCRETE PNC Page 9 of 12

i (months) 12/05 Ppt-Slow 30 5,000 • 2,500 1,000 1 mo 08/05 Ppt 250 0 0 6-12 mos

Payments Detail Key: • 30 or more days beyond terms Each experience shown is from a separate supplier. Updated trade experiences replace those previously reported.

Jump to: Overview | Scores | Eaymgnis | History &_0perations | Banking & Finance

Public Filings

PUBLIC FILINGS i- Back to Top

The following data Includes both open and closed filings found in D&B's database on the subject company,

Record Type # of Records Most Recent Filing Date Bankruptcy Proceedings 0 Judgments 0 Liens 0 Suits 1 06/08/2000 UCC's 4 05/16/2005

The following Public Filing data is for information purposes only and is not the official record. Certified copies can only be obtained from the official source.

SUITS j£JAbout.Si > Back to Top

Status: Settled DOCKET NO.: 000329-00 Plaintiff: LAI E LUM STEVEN W LUM Defendant: PHILLIPS CONCRETE INC AND OTHERS Where filed: SUPERIOR COURT OF HUNTERDON COUNTY, FLEMINGTON, NJ

Date status attained: 10/03/2002 Date filed: 06/08/2000 Latest Info Received: 09/28/2005

If it is indicated that there are defendants other than the report subject, the lawsuit may be an action to clear title to property and does not necessarily Imply a claim for money against the subject.

UCC FILINGS SH.Ab.qut UCC.f il.ir t Back to TOD

Collateral: Leased Equipment - Leased Vehicles Type: Original Sec. party. OSHKOSH/MCNEILUS FINANCIAL SERVICES PARTNERSHIP, DODGE CENTER, MN Assignee: BANG OF AMERICA LEASING & CAPITAL, LLC, CHICAGO, IL Debtor: PHILLIPS CONCRETE, INCORPORATED Filing number: 22988553 Filed with: SECRETARY OF STATE/UCC DIVISION, TRENTON, NJ

Date filed: 05/16/2005 Latest Info Received: 06/15/2005 https://wvAV.dnb.com/scripts/ProductRetriever.asp? 4/26/2006 943660152 D&B Comprehensive Report: PHILLIPS CONCRETE INC Page 10 of 12

Collateral: Leased Equipment Type: Original Sec. party: FIFTH THIRD BANK, CINCINNATI, OH Debtor: PHILLIPS CONCRETE, INCORPORATED and OTHERS Filing number: 041001697149 Filed with: SECRETARY OF 5TATE/UCC DIVISION, SACRAMENTO, CA

Date filed: 08/30/2004 Latest Info Received: 09/27/2004

Type: Termination Sec. party: FIFTH THIRD BANK, CINCINNATI, OH Debtor: PHILLIPS CONCRETE, INCORPORATED and OTHERS Filing number: 0410017568 Filed with: SECRETARY OF STATE/UCC DIVISION, SACRAMENTO, CA

Date filed: 08/30/2004 Latest Info Received: 09/27/2004 Original UCC filed date: 08/30/2004 Original filing no.: 041001697149

Collateral: Leased Equipment Type: Original Sec, party: FIFTH THIRD BANK, CINCINNATI, OH Debtor: PHILLIPS CONCRETE, INC and OTHERS Filing number: 0311160266 Filed with: SECRETARY OF STATE/UCC DIVISION, SACRAMENTO, CA

Date filed: 04/18/2003 Latest Info Received: 05/05/2003

The public record items contained in this report may have been paid, terminated, vacated or released prior to the date this report was printed.

Jump to: Overview | Scores | Payments Public Filings I Banking & Finance

History & Operations

HISTORY fOAbout Histi > Back to TOD

The following Information was reported 08/25/2004:

OPERATIONS About_Operatic

08/25/2004

Description: Contractor of concrete work.

Employees: UNDETERMINED.

Facilities: Occupies premises In building.

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SIC & NAICS About SIC J

£3 SIC: Based on information in our Hie, D&B has Poured Concrete Foundation and 238110 assigned this company an extended 8-digit SIC. Structure Contractors D&B's use of 8-digit SlCs enables us to be more specific to a company's operations than if we use the standard 4-digit code.

The 4-diglt SIC numbers link to the description on the Occupational Safety & Health Administration (OSHA) Web site. Links open in a new browser window.

17710000 Concrete work

Jump to: rview I I History & Operations Banking & Finance

KEY BUSINESS RATIOS L?J About Key Business_R at > Back to Top

D&B has been unable to obtain sufficient financial information from this company to calculate business ratios. Our check of additional outside sources also found no information available on Its financial performance. To help you in this instance, ratios for other firms in the same Industry are provided below to support your analysis of this business.

Based on this number of establishments: 420

Industry Norms based on 420 establishments

I This Business Industry Median Industry Quartiie •Profitability Return on Sales UN 2.7 UN Return on Net Worth UN 18.1 UN Short-Term Solvency Current Ratio UN 1.7 UN ! JQuick Ratio UN 1,2 UN Efficiency Assets Sales UN 33.6 UN Sales / Net Working Capital UN 9.6 UN Utilization Total Liabs / Net Worth UN 119,7 UN

UN = Unavailable

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https.V/www.dnb.com/scripts/ProductRetriever.asp? 4/26/2006 943660155 or1 A nnm 943660156 943660157 PCA000153 ••JAST NEWARK

Avenue Storm Sewer

This is a 30" x 45" sewer underneath Clay Street .

! v

Uwp t ss

943660158 943660159 REPORT UPON

TO PASSAJC VALLEY SEWERAGE COMMISSIONERS

PASSAIC RIVER OVERFLOWS

CENTRAL AVENUE, EAST-NEWARK NPDES. NO. OQ8/E-001

1976

ELSON T K1LLAM ASSOCIATES .INC Enrironmtnttl tnd Hydrtuhc Enfinetrt it iim imit mLLtu«« «• xun oi04<

KLLO16094

943660160 PASSAIC VALLEY SEWERAGE COMMISSIONERS

PASSAIC RIVER OVERFLOWS

CENTRAL AVENUE, EAST NEWARK NPDES NO. 008/E-001 TABLE OF CONTENTS

Overflow Data Extract Page

Chamber Location and Description 1

Area Served and Dry Weather Flow 5

Storm Water Overflows 7

Storm Water Overflow Characteristics 13 APPENDIX 15

List of Illustrations

Plate A Plan and Profile 2

Plate B Construction Details 3

Plate C Schematic 4

Plate D Plan of Collection System 6

Table 1 Overflow Observations 8

Plate E Average '.Rainfall Intensity 10 vs. Rainfall Duration

Plate F Maximum Rainfall Intensity 12 vs. Peak Overflow Rate

LI O s ..

943660161 ELSON T. KILLAM ASSOCIATES, INC.

OVERFLOW DATA EXTRACT

CENTRAL AVENUE OVERFLOW CHAMBER NPDKS NO.QQ8/E-001 EAST NEWARK Chamber Location and Description

Overflow Chamber Status: Active

Overflow to: Passaic River

Character of District about equally residential and industrial Served:

Overflow Location at intersection of Central Avenue (See Plate A): and Passaic Avenue

District Outlet Sewer (See Plates A and B): 30" X 45" elliptical brick sewer

Outfall to River (See Plates A and B): 30" X 45" elliptical brick sewer

Outfall Condition: clear and functioning

Tidal Effects: some tidal intrusions noted

Surcharge Effects: surcharge observed due to capacity limitations and/or tide gate closure during high tide

Overflow and Regulator Under normal dry weather flow Operation (See Plates conditions, the flow is diverted B and C): to the PVSC interceptor via the regulator. During periods of rainfall, a portion of the combined flow enters the interceptor, with the balance overflowing the stop logs and being discharged through the outfall line into the Passaic River.

K U 1 0 O '; 6

943660162 MOTE ALL Slot Plf>CLI»ES IXCtPT PVEC "RANCH INTERCEPTOR ARC OMITTED IN PROFILE FOR CLARITY.

-»- DIRECTION OF FLOW SC iSAICC CATCHER T S-TlDt OATE UP STR..UP«TR£AM ON . 3TR . • OQWHSTR CAM N T. J. • MOT TO SCALE V T P. : VITHIFIED TILE PIPE R.C P.= Rtl*fO*C£D CONCRETE PIPE OVERFLOW LOCATION LOCATION PLAN

- 36'V RCP PVSC BRANCH INTCRCfPTOR APPRO* EXIST GRADE —

MOMOLI1H1C CONC. STRUCTURE

SANO CATCHER CHAMBER-

30 «<5 ELL IP BBICK INTERCEPTOR

REGULATOR JnAMBER

150-30 X«3 ELLIP BRICK - S' I -U - 30 >C<5 ELLIP BRICK -S : I.8S%

LOCATION 36' * B.C.P. P.V.S.C BRANCH INTCRCEPTOM V *«

OVERFLOW CHAMBER N=OO8/E-OOI MOBIZ. SCALS IN rtft

PLAN AND PROFILE ¥(»T.JCAl_t IN FCIT

KLLG16397 943660163 EL 110.97 EL.IICJ.SS EL. III.SO

OTANDAFTD 5t'x«e' TUNNtu 3*CTION

EARTHY- EA5T*NeWARK- HARRISON BRANCH INTERCEPTING DRAWINGS- StCTXOH n CONSTRUCTION DETAIL: > Cl_twCL*HO AVC. COMNCCTION o o o PLATE B

943660164 r TO pvsc CENTRAL AVENUE BRANCH INTERCEPTOR INTERCEPTOR —

. . VALVE REGULATOR (FLAP VALVE MISSING)

SANDCATCHER REGULATOR/ CHAMBER FLOAT CHAMBER

STOP LOGS

TIDE GATE CHAMBERS-^' 4

\ 4

OUTFALL * TO RIVER .4• 4

RIVER LEGEND

1 ^> DRY WEATHER FLOW K L L U '; 6 6'):'/

STORM FLOW/OVERFLOW P^SSAIC vALtrv tr«rn*4c COMWISSIOHIHI

CENTRAL AVENUE,EAST NEWARK SCHEMATIC

ELSON T. KILLAM ASSOCIATES. INC,

943660165 Kt.SON T KILLAM ASSOC ] ATK.S, I NC.

CENTRAL AVENUE OVERFLOW CHAMBER (NPDES NO, 008/E-OQ1) (Cont'd.)

Condition of Regulator; appears inoperable

Special Actions Required: none

Overflow Stop Lo^/Dam located at downstream end of sand Condition: catcher, just before portal to first tide gate chamber

Tide Gate Condition: both tide gates leaking

Note: During the investigation, the Overflow chambers were examined, verifying information and dimensions pertinent to this study.- The verified information has been recorded on Plate B (See boxed annotations).

Area Served and Dry Weather Flow

Combined Area Served (See Plate D): 0.041 square miles-26 acres

Average Daily Flow Seasonal Dry Weather: 0.14 MGD (estimated) Seasonal Wet Weather: 0.27 MGD (estimated)

Estimated Combined Flow to Produce an Overflow: 5.6 MGD

Approximate Length of Combined Sewers Serving 9,200 linear feet District:

KLL016-1GO

943660166 DClMtATIOH of o imimimin CCXTftAL AvtNUI

CENTRAL AVENUE, EAST NEWARK

PLAN OF COLLECTION SYSTE^

PL Aft" C

943660167 ELSON T. KILLA.M A SSOCIATKS. INC.

CENTRAL AVENUE OVERFLOW CHAMBER (NPOES NO. Q08/E-001) (Cont'd.) Breakdown of Combined Severs: SI 7.0 HHRRO U nonr J'VeL

8"-12" diameter 6,500 15"-36" diameter 2,700

Storm Water Overflows

Flow Measurement and Sampling Equipment Installed in: sand catcher chamber

Samples Collected: Four 125-ml. samples each 3.75 minutes, compositing a 500-ml. sample each 15-minute period.

Activation of Sampler: upon flow over stop logs/dam

Period of Observation: April, 1975 through June, 1975

No. of Rainfall Occasions During Period: 17

No. of Overflows Observed: 12

No. of Meter Installations 12 During Overflows:

No. of Overflows Recorded During Period:

Note: See Table 1 Table 1 presents pertinent data regarding rainfall characteristics, overflow measurements, and waste- water quality observed.

KLL0164Q •'

943660168 OVeEPLOH OUSCTVATIOMS CENTRAL AVENUE, EAST NEWARK, N.J. HPDES NO. 008/E-001

RAINFALL OVERFLOW SAMPLING - WATER QUALITY Av*r=*n" .laxtnirtk Average Sampling Nunber T5S COD BOD Rain Amount Duration lnu-m: 1 r-/ Inti-n*i 1 7 IViratton Peak Rate Rate Volunfc Duration of 1st Max Kin Av* 1st Haa Htn Avg 1st K»a Kin Vug Late (In.)

*Tide Effect: Tidal levels higher chan atop plank wlevaiion c?vse^ tide gates co remain closed during part of the rainfall, resulting In only a partial overflow to river.

**Tldc Effect: Tidal levels higher chan stop plank elevation caused tide gates to remain closed during mout of the rainfall, re- suiting in no overflow to river.

Cx

.£:- o

943660169 .000164 EJ.SON r. KILL\M ASSOCIATKS. I NC.

CENTRAL AVENUE OVERFLOW CHAMBER (NPDES NO. OQ8/E-001) (Cont'd. Range of Rainfall Observed: Trace-l.60 inches

Range of Rainfall Duration: 0.75-25.75 hours

Range of Average Rainfall 0.015-0.233 inches/hour Intensity:

Range of Average Rainfall Intensity vs. Duration 0.025 inches/hour for 2.00 hours' producing no overflow 0.025 inchea/hour for 8.75 hours (Table 1 and Plate E):

Range of Average Rainfall Intensity vs. Duration 0.175 inches/hour for 1.20 hours- producing an overflow 0.122 inches/hour for 5.17 hours (Table 1 and Plate E):

Estimated Time of Concentration (Tc) to Overflow Chamber: 13 minutes

Range of Maximum Rainfall Intensity (i.e., during Tc) producing an overflow (Table 1): 0.16-2.36 inches/hour

Note: Overflow Prediction Plate E presents the relationship of Average Intensity vs. Duration of Rainfall to describe conditions of overflow. The curve indicates a ran^e of Intensities vs. Duration for which an overflow might be expectt'd to occur.

Plate E - Curve not developed due to insufficient data.

Kl 943660170 Q3 -

Q2 o o

O W I O o z — O.I .09

t .08 to 5 07 H ? .06 :J .05 u<. - .04

UI .03

(T UJ

.02

A I

.01 6 8 10 12 14 16 ie 20 tt t4 RAINFALL DURATION (MRS.) LEGEND PAtSAIC VALLEY aCWCRAfl COMMIS9IOM4I

O OVERFLOW CENTRAL AVENUE, EAST NEWARK AVERAGE RAINFALL INTENSITY A NO OVERFLOW VS. RAW FALL DURATKM

(10) PLATE E 943660171 PCA000166 KI.SON T. KILLAM A S h OCI ATK.S . J N C.

CENTRAL AVENUE OVERFLOW CRAMER (NPDES NO. 008/E-001) (Cont'd.)

Range of Overflow Duration Observed: 0.28-1.75 hours

Range of Peak Rate of Overflow Observed: 2.7-61.6 MGD

Range of Overflow Volume Observed: Neg.-1.2 MG

Data for Maximum Date: 6/1/75 Observed Overflow: Volume: 1.2 MG Peak Rate:61.6 MGD Duration: 1.75 hours

Note: Overflow Rate Estimation Plate F presents the relationship of Maximum Rainfall Intensity va. Peak Overflow Rate.

11

943660172 "0 10 20 30 40 50 60 70 PEAK OVERFLOW RATE (MGD) LEGEND PASSAIC VALLEY SEWERAGE COMMISSIONERS CENTRAL AVENUE, EAST NEWARK O DATA POINTS MAXIMUM RAINFALL INTENSITY v s. PEAK OVERFLOW RATE ELSON T. KJLLAM ASSOCIATED INC TCLSON T K 11.1.AM A S NO<' I A T F.S. I N <'.

CENTRAL AVENUE OVERFLOW CHAMBER (NPDES NO. 008/E-001) (Cont'd)

Storm Water Overflow Characteristics

Note: Samples of Sanitary Flow (Bnsolino), as well aa of Combined ?low during overflow, were analyzed, with results tabulated in the Appendix.

Parameters: pH, TSS, VSS, COD, TOC, BOD, and . Lithium determined for each sample. (See Appendix).

Parameters used in Analysis: TSS, COD, and BOD.

Notes: Data presented graphically for rainfall of June 5, 1975 (sampling) and June 1, 1975 (metering). TSS, COD, and BOD, as well as flow data for storm and baseline,

Where simultaneous metering and sampling results were not obtained, but sampling data was obtained, composite results were developed by estimating overflow rates based on previously metered rainfalls of compzrable amount, duration, intensity, etc.

Water quality data in Table 1 (Overflow Observations) are arranged to indicate the results of the first 15-mlnute sample, as a reference to possible initial strength at the onset of an overflow, as well as to indicate the maximum and minimum concentrations during the overflow period. An arithmetic mean (average) concentration is also listed for each characteristic, based on the number of samples obtained during the period of overflow.

13

943660174 F, I,SON T. KILLAM A S SOCI AT ES . I N C.

CENTRAL AVENUE OVERFLOW CHAMBER (NPDES NO. 008/E-001) (Cont'd)

Storm Sampling (mg/1): Maximum Hin imum Average

TSS 103 36 46

COD 219 103 176

BOD 88 34 61

Total Pounds for Observed Overflow: Overflow Volume: MG

TSS Ibs. * COD NO DATA Ibs.

BOD Ibs.

Baseline Sampling (mg/1) Maximum Minumum Average

TSS 136 8 60

COD 508 52 200

BOD 165 11 47

* No simultaneous metering and sampling data obtained.

14 KLLOi64C:;' 943660175 i

APPENDIX

K L' ' 943660176 F.LSOX T. KILLAM A S S OC I ATE a . I X C.

CENTRAL AVENUE OVERFLOW (Q08/E-001) CONTENTS OF APPENDIX

Pages A-1 to A-5 . . . . PVSC Analysis of Baseline and Rainstorm samples.

Plate Al Plot of height above stop logs in Inches versus flow rate over stop logs in Million Gallons per Day (MGD).

Plate A2 Plot of the Passaic River tidal levels at the line, of the rainfall in question, where applicable, in relation to overflow chamber stop log elevations.

Plate A3 .Plot of overflow rate versus time and hourly rainfall intensity versus time for the particular rainfall. Average flow rates in Million Gallons per Day (MGD) and total volume in Gallons (GAL) are also shown.

Plate AA Plot of Total Suspended Solids (TSS) in milligrams per liter (mg/1) versus time of day during rainfall condi- tions. Portions of the baseline data are also shown for comparison.

Plate A5 Plot of Chemical Oxygen Demand (COD) in milligrams per liter (mg/1) versus time of day during rainfall condi- tions. Portions of the baseline data are also shown for comparison.

Plate A6 Plot of Biochemical Oxygen Demand (BOD) in milligrams per liter (mg/1) versus time of day during rainfall conditions. Portions of the baseline data are also shown for comparison.

Plate A7 Plot of Total Suspended Solids (TSS) in pounds per day versus time for a particular rainfall.

Mate A3 Plot of Chemical Oxygen Demand (COD) in pounds per day versus time for a particular rainfall.

Plate A9 Plot of Biochemical Oxygen Demand (BOD) in pounds per day versus time for a particular rainfall.

Plate A 10 Plot of Total Suspended Solids (TSS) in milligrams per liter (mg/1) versus time of day during a baseline (non-rainfall) condition.

Plate A 11 Plot of Chemical Oxygen Demand (COD) in milligrams per Liter (mg/1) versus time of day during a baseline (non-rainfall) condition.

Plate A 12 Plot of Biochemical Oxygen Demand (BOD) in milligrams per liter (mg/1) versus time of day during a baseline (non-rainfall) condition. 15 K L i 01 6 411 943660177 PVSC Reference ,/ _ B 45 Date: -2/13./J3-. Elson T. Killam Associates - Infiltration Studies Sampler * 348-Set J38 Central Avenue, East Newark- In sandcatcher O.F.K 008/E-001 1015-2.10.75 to 1015-2/11/75

24 Samples Baseline

TOC BOD SAMPLE prl TS5 vss ^Vol. COD TOG BCD CUTJ _ CLO LIthi-

1 8.0 76 76 100.0 288 84 29.1 86 29. 8 o.oc:

2 7.7 136 106 78.0 388 ' 84 21.6 SO 20.6 0.00. 3 7.7 64 84 100.0 352 99 28.1 104 29.6 ( 0.00

4 . 7.6 88 64 72.8 276 78 28.2 165 59.8 CQ.O;'

5 NOT Z •JOUGH S/ MPLE ' 164 NOT ENOUGh SAMPLE o.oc..

6 NOT Els DCJGH SA* PLE 508 NOT ENOUGI- SAMPLE 0.00

7 7.5 60 60 100.0 288 72 25.0 93 32.3 o.oo:

8 , 7.6 114 98 85.9 316 93 29.4 93 29.4 o . o o :

9 7.2 52 44 84.7 204 54 26.4 72 35.3 o.oo . 10 7.3 82 62 75.7 252 57 22.6 69 27.3 0. 00

11 7.3 58 58 100.0 lf.0 40 25.0 14 8.8 0.00

12 7.4 76 64 84.3 200 48 24.0 12 6.0 o.oo-

13 7.5 100 96 96.0 172 45 26.1 16 9.3 o.oo;

14 a.o 62 54 87.2 228 63 26.3 64 28.1 o.oo: 15 7.8 14 14 100.0 120 42 35.0 16 13.3 O.OOJ 16 7.5 34 32 94.2 80 26 32.5 16 20.0 o.oo;.

IV 7.8 18 18 100.0 68 20 29.4 11 16.2 o.oo;.

18 7. 5 8 8 100.0 72 16 22.2 13 18.1 0.001

19 7.4 12 3 66.7 52 16 30.8 18 34.6 0.001

20 7.5 20 10 50.00 68 22 32.4 13 19.1 0.001 21 7.5 24 24 100.0 ' 80 18 22.5 19 24.7 o.oo:;

22 7.7 60 60 100.0 148 32 21.6 17 11.4 0.007

23 7.7 66 66 100.0 152 42 27.6 24 57.2 0.009

24 7.5 64 64 100.0 160 44 27.5 17 10.6 0.00',' • 27.0 1 24.6

A-l K L ! 0 1 6 4 943660178 V i PVSC Reference D-277 Date: 4/29/75 Elson T. Killara Associates - Infiltration Studies Sampler # 368 Set #51 Central Avenue, Harrison - Sandcatcher Chamber # 008/E-001 1845 - 4/24/75 to 2230 - 4/24/75

STORM CONDITIONS 12 S? MPLES / SAMPLE pH TSS VS5 TOC aoo %Vol. COD TOC T^n°/> BOD T!(7]T% 1 7.0 90 66 73.3 145 40 27.6 -

2 6.9 96 50 52.1 141 22 15.6 _ ^

_ _ 3 7.0 46 . 28 . .60.8 69 20 29.0 _ 4 ' . 7.O.. 32 32 100.0 53 14 26.4 _ _ . - . ^ . . 6.9 22 10 45.5 162 16 9.9 _ '_ 6 5.7 _ 96- 6£ 66.7 444 _ 128 28.7 _ _ 7 MO S \KP L E -. — — _ _ _ .-8 ' „ ,. ^ _ _ ,, ^ . 9 - ii ^ _ .. .. ^ -. - - . 10 - -

_ _ _ _ _ ._ .11 it ., — fc

- 12 6.6 0 - - 1325 100 7.6 - -

- 13 7.2 . 56., .22 . .39.3 89 20 22.5 - - 7.1 30. - -30 100.0 . 44 1 i 36.4 ' - _ 1 ^ - -7.0- _. - 0 „ . — . .. . 4S 12 25.0 — _ - 16 - 7.3 1-2 - •12--- -100,0 • 61 13 21.3 . _ 17 7.4 6 6 100.0 . 44 14 31. E -

Average 23.5

i

A-2 K L L 01 6 4 1 r

943660179 PVSC Reference E-104 Date: 5/12/75 Elson T. Killam Associates - Infiltration Studies Sampler # 36B Set # 4s Central^Avenue, East Newark - Sandcatcher Chamber # 008/E-001 Started 0940 5/4/75 ' Rainfall fo 5/4/75 STORM CONDITIONS. 6 SAMPLES SA,V?LO pU TSS VSS %Vol. COD TOG TOG BOD BOD CG!J% 1 7.1 108 88 81.5 488 78 16.0 204 41.8 ______1 2 NO AMPLE — 3 7.3 60 40 33.3 1.20 39 32.5 84 70.0

4 7.1 48 38 79.2 124 24 19.4 75 ' 60.5

5 7.1 58 44 75.8 88 33 37.5 34 38.6"

6 7.2 36 36 100.0 80 27 33.8 45 56.3 • Average 27.8 53.4

-

,

.-

• • ' -"— ' •

A-3 K L L C 'i 6 4 U 943660180 PVSC Reference ,/ E-185 Date: 5/20/75 Elson T. Killa.-n Associates - Infiltration Studies Sampler # 324 Set # 3 Central Avenue, East Newark Chamber # 008/E-001 5/13/75 Rainfall of 5/13/75 STORM CONDITIONS 17 SAMPLES S AMPLE TSS VSS £Vol. COD TOG DOD pH TOG CuU% BCD TxTIT0/ 1 7.0 80 52 65.0 578 190 32.3 Not eno jgh sam >le

M n 2 7.2 190 124 65.3 384 84 21.9 •<

3 . 126 94 74.6 347 76 21.9 » II » '• " " 4 ' 2.7 Not en Duqh sar pie 190 36 18.9

M " » 5 ^ 88 68 77.3 154 48 31.1

6 5.9 Not en 3 ugh sar pie 117 31 26.5 n " >•

11 7 6.7 •• •• M 65 21 32.3 « »

_ _ _ _ _ . 8 ' No Samole -.

9 7.5 128 98 76.6 85 21 24.7 M » "

_ _ 10 7.2 0 73 17 23.3 II " II _ M .. 11 7.2 0 57 15 26.3 - _ 12 7.2 0 109 13 11.9 It •• N

_ 13 7.1 0 - 97 34 35.1 II •• M

_ 14 7.2 0 _. 65 24 36.9 '•I " "

_ _ . IS 7.2 0 65 20 30.8 M •• _ _ 16 7.3 0 61 18 29.5 II "

" M 17 7.3 6 6 100.0 89 20 27.0 - i 18 7.4 0 _ _ 101 36 35.7 .. " W

Averaqe 29.1

A-A 943660181 PVSC Reference F-129 Date;

h'lson T. Xillnm A^oociatea - Infiltration Studies Sampler No 324 Central Avenue, E. Newark. - Sancatcher Chamber Mo. 008/K-001 10:45 - 6-5-75 Set No. 19

Rainfall of 6/5/75 STORM CONDITIONS 6 SAMPLES r c TOC S AMPLE TSS \ ss /,Vol . COD TOC BOD P" V^JD% BOD TZ71% 1 J No Sarr pie _.. . 2 7.2 53 0 0.0 125 32 25.6 35 28.0 3 7.5 86 10 100.0 186 20 10.7 49 26.3 j 4 . 7.3 0 - - 57 16 28.1 26 45.6

5 7.3 16 16 100.0 85 21 24.7 36 42.3

6 7.4 36 36 100.0 73 21 28.8 40 54.8

7 „ 7.4 .. 2Q 0 100.0 93 17 18.3 20 21.5 22.7 36.4

i -"'

I

)

A-5 KLL0164U

943660182 r — ,. p ^^^ * "*T* ^^T !TI — "_T!* r ~~| 1^ L _^ t ^ AuJl r j *b ^ I^!tA^ I~j_ '""L.Mlt OF y£TE5L ' " 1 ^ "^o?/ i- ^L Mik>«Li

r O^ M**4Kl fS^^ri\ I A ^

(INCHES ) 1 1 y i — 1 1 I 4*1? A [ r "• in r "t -• • >rj ' > ^ 7^^ : C /-S _^T 1 i i i i! Td 'A*~J[\j ^ ' t~ i * CL t i I / ^ r : 1 0 T ^ ' t ' f^^-f • i 1- : j j J * ^5J^^ j I i i f • |* C^* ; | [ i co 1 [ •' - -A ' ' L ^ '^ A ' -^ '.Li ^P_r ! ' I > j / ^ \^ ^j i r t a i . • T ^/jlr/ A *\ \\ \i r CD i j i ((*' j \ i . J$f4 4f r 4c*A "T J T^m , X \ \ r\ f o j | i f Id I * ^ r ! 10 TJ ' ' 9^ \ '' ""T r j" \ j : j J " j i . i

• j^ !' . 1

& ' '

' I_J ' -1 ! ' \M ^ ! 1 Ji __ _u _). ' « ) t^ I ' : i - j .- ,- jj ---- ,. , _ ..,_., ..,„... _._ . _ _ •i 'MJFl r ' i i; i" ' i i ' Jr'"l i— j \ M \ J it yg ^ ! 'i 1 i T " - - • --• - • ' ~ ' ' • • * i r B I \ ' : •* i 1 ' ' • ! ! W I - i i ~J i 1 _ -J

0 10 20 30 40 5O 60 FLOW RATE OVER STOP LOGS ( MGD)

K L L 0 1 6 4 'i V

PAS3AIC VALLEY IEWERACE C 0 MM 1 JS ION E K i OVERFLOW CHAMBER N^OOS/E-OOI CENTRAL AVE, EAST NEWARK

FLOW RATE OVER STOP LOGS

CLSON T. KILLXM ASSOCIATES. INC.

3 r • i *rr AI 943660183 PCA000178 lOg

LU U_ 104

O o 4-

CTOP OF STOP LOG EL. 101.70

UJ

u

TIME (HOURS)

MOTE TIDAL ELEVATIONS INDICATE PASSAIC VALLEY SEWERAGE COMMISSIONERS SURCHARGE CONDITIONS. (CROSS-HATCHED AREA) OVERFLOW CHAMBER N?008/E-OOI CENTRAL AVENUE, EAST NEWARK

TIDAL ELEVATION

RAINFA LL OF 6 / I /75

PLATE A? 943660184 PCA000179 cr I •v. 2 _

>- H OO Z UJ (— z

_J _)

t- O

i£ . . . t __.. _ oo o O _l | 1

J .0. Cg • O ' 1| 1- I 0-> < I ' 1 ; • cc ill i TOTAI \/OI UMF OF LU 1 • > _ _._...•.,..• . .„._.- OVERFLOW - 20O OOO GAL O ^ • _ " ' 1| " " • • • ; LJ H : H _ ft 1- t • ,' i 1 < ] a: HD ' •I ^ ^ H Lm L» 5 *• •• 1 t f AvyrrjAnF" PI nw is ^OM^n O - j— 11 r_L _l , jll_ , p — CTt j j — • -~^_ u_ • • I 1 hi V i f mm 1 "d » 1 cc. 1 1 1 \ I LU •1 1 ^i I fVi > 1 1 V ' 1 1 LI \^ "^ 1 0 24 Z I, 4 5 6 7 8 9 10 II JZ ( MIDNIGHT ) (6AM) (NOON)

T ME (HOURS) NOTES-' 1. TIME SHOWN IS BASED ON MILITARY TIME, - 24 HOU*3, PAS5AIC VALLEY 3£ WE RAGE COMM13S10HEH3 OVERFLOW CHAMBER N?008/E- 001 CENTRAL AVENUE , EAST NEWARK RAINFALL INTENSITY & OVERFLOW RATE

R AINFA LL CF 6 / /75 3E1.SON T. K1LLAM ASSOC'lATES. INC-

943660185 PCA000180 PERIOD OF SAMPLING

BASELINE (NO RAINFALL en CO to o

O CO

LU a

CO

TIME (HOURS NOTES:

T!MS SHOWN IS BASED ON MILITARY TIME. 1 - Z* HOU33 .

PLOT RE?»£JENT3 CC NC£MT«ATIOM 0" TSS FLOWINS TO fllV;R OVER STO* UOG3.

PASSAIC VALLEY SEWERA8C C OU M 18 SI ON f. * 3 OVERFLOW CHAMBER N5Q08/E-OOI CENTRAL AVENUE , EAST NEWARK TOTAL SUSPENDED SOLIDS RAINFALL OF 6 / 5 /75

943660186 PCA000181 1

PERIOD 0 F SAMPLING

1 L^ V * ^ VT

BASELINE (NO RAINFALL

UJ 50 o

(6PW)

TIME {HOURS NOTES:

TIME SHOW* IS BASED ON MILITARY TIME. i-24 HOURS. PLOT REPRESENTS CONCENTHATION OF COO FLOWING TO RIVER OVER STOP LOOS.

PASSAIC VALLEY SEWERAtE COMMISSIONERS OVERFLOW CHAMBER NS'008/E-OOI CENTRAL AVENUE, EAST NEWARK CHEMICAL OXYGEN DEMAND RA INFALL OP 6 /5 /75

PLATE A5 943660187 PCA000182 i

PERIOD OF SAMPLING

CT E o O -•BASELINE (NO RAINFALL) m

2 LJ Q

LU

X o

TIME (HOURS)

'NOTES'"

TIME SHOWN IS BASED ON MILITARY TIME, ; - ?A HOUKS. PLOT R£PflEStNT3 CO NCZMTR AT ION OF BOD TO IOVSP O'/EJI 3TO» LOOS.

P<3SAIC VALLIT SEWEWA6E C 0 MU1 31ION£ « 3 OVERFLOW CHAMBER N2008/E-OOI CENTRAL AVENUE , EAST NEWARK BIOCHEMICAL OXYGEN DEMAND

RAINFALL OF 6 /5 /75

ELSON T. K I JLJL. A. M ASSOCIATES. INC.

943660188 PCA000183 PERIOD OF OVERFLOW

8,000

to m

co to 6,000 —

CO Q

CO 4,000

LU Q

LU Q. CO 2,000

O t- 6 /I /75 TIME (HOURS)

NOTTS:

I. TIME SHOWN IJ BASED ON MILITARY TIME , 1-24 HOU RS. Z • COMPOSITC RESULTS WERl PRODUCED BY COMBININ4 FLOW RATE FAOM RAINFALL OF 6/1/73 WITK T3S COKCENTRATION rROM BAINFAUL Of «/VTS TO OBTAIN LBS/DAt OF TSS. BOTH RAINFALLS WERE SIMILAR IN INTENSITY AND BUPiATION.

PAS5AIC VALLEY SEWERAGE COMMISSIONER] OVERFLOW CHAMBER N^OOS/E-OOI CENTRAL AVENUE, EAST NEWARK TOTAL SUSPENDED SOLIDS

RAINFALLS OF 6/1/75 a 6/5/73 F I. SON T. KILLAM ASSOCJATKS. INC.

943660189 PCA000184 . PERIOD OF OVERFLOW 1

' __ _ . . _ . i

j r i 1 ., . ' t^ *~ 1 J t-UrOOu 0 1 [ 1 1 » l 1 • L_ i i , X rtrtrt ; i j i 1 li 1 ! i ! I V 1 1 0 < ! 1 \ ' i ; . . . _ -r-\— -- hL 1 l L ; ' | ^ m _] i l t ' . ] ! 1 < 1 . __ > r i u _ ' _4_ _Lh_ " " . -T-T- i i -V^ 1 i t i 1 f '" i , 1 i i UJ li| . 1 1 I " -4-- - t - - - L - -4 - - ^" r- --._ _._L O : • " :hH~ r " ' " -r • ~4 J 1 ^ • ' • , |^ i < i ' * i "" | " i I'M V 1 -f- _ . •• ..._. _ r r o f «_...-...*]_,. , i .. i i| i - - - t Mlt i" 1_ ^_- 3 4 t t T 6/1/75 Tjjvlj: ( H_OURS )

NOTES:

1 TIME SHOWN IS BASED ON MILITARY TIME , 1-24 HOURS. '.. COMPOSITE RESULTS WERE PRODUCED BY COMSININ'S FLOW RATE FROM RAINFALL OF 6/I/7S WITH COD CONCENTRATION FROM RAINFALL OF 1/VS TO OBTAIN LBS/ DAY Oi' COO. BOTH RAINFALLS WERE SIMILAR IN INTENSITY ANO OUSAT10N.

MSSAIC VALLEY SEWEKASE COMMISSIONERS OVERFLOW CHAMBER N2Q08/E-OOI CENTRAL AVENUE , EAST NEWARK CHEMICAL OXYGEN DEMAND

RAINFALLS OF 6/1/75 3 6/ 5/75 eLSON T. KILLAM ASSOCIATES . INC. J~™™ 943660190 PCA000185 i PERIOD OF 0 V£ R FLO W_

6/1 /75 NOTES: TIME ( HOURS)

TIME SHOWN 19 BASED ON MILITARY TIME , 1 •• 24 HOURS.

COMPOSITE RESULTS WERK PRODUCED BY COMBININS FLOW RATE FROM RAINFALL OF 6/I/TS WITH BOD COMCCNTRATIOM FROM BAIHFALL OF 6/S/7S TO OBTAIN LB3/DAY OF BOO. BOTH RAINFALLS MERE SIMILAR IN INTENSITY AMD OUS»-.TIOH.

fASSAIC VALLEY SEVTCRABEl CO M Bl 5 3IOM £^ S OVERFLOW CHAMBER N 2008/E-001

CENTRAL AVENUE , EAST NEWARK BIOCHEMICAL OXYGEN DEMAND

RAINFALLS OF 6/1/75 8 6/ 5/75 ELS ON T. KILI.A.M ASSOCIATES. I N •_•

943660191 \J I I PCA000186 co Q _j o CO o UJ o 2 UJ 0. CO Z> to

2/10/75 2/ I I/ 75 TIME (HOURS

3AMPHNO STARTED I 0: 13 AM Z /IO/T3 SAMPLING ENDED 10- 15 AM 2/11/75 SAMPLES TAKEN EACH 13 WIN. PERIOD, COMPOSITED EACH HOUR; RES'JLTS ART PLOTTED HOURLY. SAMPUNO REPRESENTS TYPICAL NON-RAIN • FALL TSS CONIXT1CNS IN S4 MOUH3.

PASSAIC VALLEY SCWCNA0E COMMISSIONERS OVERFLOW CHAMBER N2Q08/E-OOI CENTRAL AVENUE , EAST NEWARK TOTAL SUSPENDED SOLIDS

MO RAINFALL

943660192 PCA000187 soo

400 en E o o o

300

200

2/10/75 2/11/75 N-il1 TIME (HOURS

!. ST/vSTED IO;ISAM 2/IO/T5 SAMPLING ENOEO 10: 15 AM 2/11/79 2. SAMPLES TAKEN EACH 13 WIN. PERIOD, COMPOSITED EACH HOUR; RESULTS ARE PLOTTED HOURLY. SA.'-rL:,-;a REPRESENTS TYPICAL NON-RAW- ?ALU COD CONDITIONS IN Z-4 HOURS.

PASSAIC VALLEY SEWENA9C C OMMIS SION E K I OVERFLOW CHAMBER N&008/E-OOI CENTRAL AVENUE, EAST NEWARK' CHEMICAL OXYGEN DEMAND

NO RAINFALL T. XI LI-AM ASSOCIATES. INC.

943660193 PLATE All PCA000188 160

2/10/75 2/11/74 TIME (HOURS)

5AMPLINO STARTED IOM3 AM Z/IO/75 3A.Vi?LI>IS EHDSO ICKIS AM 2/II/7S

SAMPLES TAXEW CACM I S M1H. PEKIOO, <;OM?OSITE£/ -ACM ?l-'J fTtl) HCv'SLY.

i^lO .4£?3S3EWT3 TVPKJAL BOD JONDlTiONS IN 24

PASSAIC VALLEY SCWCRA8C COMMISSIONER! OVERFLOW CHAMBER N«008/E-OOI CENTRAL AVENUE , EAST NEWARK

BIOCHEMICAL OXYGEN DEMAND

NO RAIN FALL KLSON T. KII.I.AM ASSOCIATES. INC.

943660194 PCA000189