Toms River Hit with $338,000 OSHA Fine Over Asbestos Handling at Clifton Park Site

In a messy turn of events, Toms River Township is staring down a $338,000 penalty levied by the federal Occupational Safety and Health Administration. The fines stem from 17 alleged violations tied to how the town dealt with asbestos‑contaminated soil at the Clifton Avenue parcel, a spot the borough hopes will soon become a park.

According to OSHA’s online database, the violations were flagged after a New Jersey Department of Health inspection on Oct. 27. Six of the citations are classified as “willful,” meaning the agency believes the town either knowingly ignored the rules or was outright indifferent to worker safety. Ten are tagged as “serious,” indicating that the hazards could have led to death or severe injury, and one falls under an “other” category.

Willful and serious breaches are no small matter. A willful citation suggests a conscious disregard for the law, while a serious one points to a clear, known danger that should have been addressed. OSHA says it may work with an employer to reduce fines for serious violations, but it won’t budge on willful ones.

While the town gears up to contest the citations, the remediation effort is already in full swing. For the past few days, crews from AWT Environmental Services have been loading plastic‑lined dump trucks with soil from a large mound on the property. Workers, suited up in protective gear, spray water to keep dust down as the excavator shovels the contaminated earth into the trucks, which are then covered with additional plastic before being hauled to a licensed disposal facility.

The exact destination of the trucks hasn’t been disclosed, but the process is visibly in motion – the site has seen at least three days of active soil removal, according to a Patch reporter who stopped by on a Thursday evening.

Local officials, however, have been quick to downplay the asbestos issue. Councilmembers Craig Coleman, Harry Aber, and Lynn O’Toole have all publicly stated that there’s no sign of asbestos at the 4.3‑acre corner of Clifton Avenue and Batchelor Street. Their comments stand in stark contrast to an Asbestos Abatement Work Plan prepared by Pennoni Associates, the firm hired to oversee the cleanup. That report, which was shut down by the state’s health and labor departments on Oct. 22, explicitly notes both friable and non‑friable asbestos‑containing material scattered throughout the soil.

It’s unclear whether the council members have actually read the Pennoni report; sources say Coleman was shown the document on a computer after a July 8 council meeting but declined to look at it further.

The property itself was purchased for $1.95 million in December 2023 with the intention of converting it into a township park featuring a modern playground. Mayor Daniel Rodrick announced those plans just days before demolition crews began tearing down two homes on the site in October. The older of the two, a 1910‑built house at 554 Clifton Avenue, had asbestos shingles, according to its Zillow listing. Videos of the demolition showed clouds of debris, prompting concerned residents to call state and local agencies about potential asbestos exposure.

State officials responded by halting work, posting warnings, and fencing off the property. The fence is still up, and the site remains off‑limits to the public.

Financially, the project is already exceeding early estimates. Township engineer John Mele once suggested remediation would cost under $100,000, but council‑approved bills reveal the town has already spent well beyond that. To date, Pennoni Associates has been paid $42,769.36, Guardian Contracting $56,734, and National Construction Rentals $4,131.72 for fence renewal. The bulk of the money, however, has gone to AWT Environmental Services, which billed $100,000 for the base remediation work – a figure that includes an original bid of $94,300 for removing roughly 200 tons of contaminated soil.

With the fine still pending and the remediation costs climbing, Toms River officials face a steep financial hill to climb. Whether the town’s contest of the OSHA citations will succeed remains to be seen, but the community is left watching, waiting, and, for many, worrying about the health implications of a site that was supposed to become a neighborhood haven.