NJ Launches Suits Vs. Polluters In Orange, South Orange, Newark – West Orange, NJ Patch

ESSEX COUNTY, NJ — A wave of environmental lawsuits recently filed in New Jersey include actions against the owners of a former pharmaceutical production site and three gas stations in Essex County, prosecutors announced Thursday.

Locations in Newark, Orange and South Orange were among those named in a series of lawsuits targeting 12 alleged “polluters,” authorities said.

Other locations included sites in Paterson, Jersey City, Elizabeth, Hillside, Fairton and Upper Deerfield Township.

The New Jersey Office of the Attorney General (OAG) and the New Jersey Department of Environmental Protection (DEP) released more details about their allegations in a joint statement.

Authorities wrote:

“These lawsuits are a part of the state’s comprehensive justice agenda to address harms disproportionately affecting the public and environmental health of New Jersey’s low-income, non-English speaking and minority residents. They come as New Jersey residents confront the [coronavirus] pandemic, an unprecedented public health crisis that has unduly burdened these communities. Many of the properties that are the subject of today’s complaints have pollutants known to contribute to health problems including respiratory tract irritation, chronically reduced lung function, kidney problems, neurological disorders and certain cancers, which may only exacerbate COVID-19 risks.”

State officials provided the following information about the lawsuits in Newark, Orange and South Orange.

NEWARK

Penick/Unilever – “The former Penick Corporation/Unilever site is located at 158 Mount Olivet Avenue in Newark … Upon its acquisition of the property in 1978, Penick’s industrial operations at the property included the manufacturing of active ingredients related to the pharmaceutical industry … Cleanup activity there indicates that hazardous substances were released into the soil and groundwater over time at this site, including volatile organic compounds, polychlorinated biphenyls and metals. Exposure to these hazardous substances has been linked to kidney dysfunction, respiratory tract irritation, and cognitive and neurological effects. Significant groundwater contamination makes this a major natural resource damages case. The Penick site is located within the Raritan watershed management region, and provides potable water and aquatic resources to thousands of commercial and residential consumers. DEP seeks damages for the loss and future restoration of natural resources in the region caused by discharge of hazardous substances into the Raritan watershed. Defendants include Penick Corporation, Penick Realty, LLC, Unilever United States, Inc., CPC International, Inc., AMB Property, L.P. and AMB Liberty Logistics Center, LLC.” (Read the full complaint)

Friends Gas Station – “Little Mason Properties, LLC is the owner or previous owner of a number of contaminated properties in Hillside, Newark and South Orange, and has failed to remediate the contamination at each … This case involves a gas station located at 185-187 Pennsylvania Avenue in Newark. In 2000, the DEP received a report of gasoline-contaminated soil relating to four USTs abandoned in 1996. In 2010, the property was purchased by Friends Gas, another company that was managed by Hassan. Little Mason bought the property from Friends Gas for a nominal amount in 2015. None of the series of owners or operators has submitted a site investigation report, remedial investigation report, or remedial action report, which are the steps required by statute and regulation to address such contamination. The State’s claims are brought under the Spill Act, Water Pollution Control Act, and UST Act claims. Defendants include Little Mason, Hassan, and Friends Gas.” (Read the full complaint)

SOUTH ORANGE

Delta Gas Station – “This matter concerns a Delta gas station facility located on property owned by Little Mason at 451 Irvington Avenue in South Orange. There have been three confirmed gasoline discharges at the site, dating back to 1991. The violations that underlie today’s suit include failure to submit a remedial investigation report by the 2014 deadline, failure to comply with direct oversight, failure to hire a Licensed Site Remediation Professional (LSRP), and failure to pay annual remediation fees (2013-2018, $20,080). There is also a $24,000 lien on the property for past due Annual Remediation Fees. The State’s claims today are brought under, among other statutes, the Spill Act and the Water Pollution Control Act. Defendants include current owner Little Mason, and former owners Signature Fuel, Wayne Sandford, and Sandford Service.” (Read the full complaint)

ORANGE

Orange Automotive – “This property, located at 43-45 South Center Street in Orange, is the site of four 2,000- gallon gasoline underground storage tanks (UST), and one 275-gallon waste oil UST. DEP determined that the site owners have failed to comply with regulations governing underground storage tanks, including those that prohibit the discharge of contaminants into the ground. In 2019, DEP ordered the site owner to clean up the property, complete all outstanding remedial requirements, pay fees and costs, and pay a $40,000 civil administrative penalty. Because the defendants did not do so, the state now seeks to enforce that Final Agency Order. Defendant is site owner 43-35 South Center Street, LLC.” (Read the full complaint)

The wave of lawsuits are part of a statewide “environmental justice” initiative that launched in 2018, authorities said.

“In New Jersey, we’re committed to our path-breaking approach to environmental enforcement, which ensures that our efforts to clean up our environment will also serve our comprehensive justice agenda for low-income communities and communities of color,” Attorney General Gurbir Grewal said.

“The message to New Jersey residents should be clear: everyone, and I really mean everyone, deserves to breathe clean air and live in a safe environment,” Grewal said.

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