Gas Station Owner Sued In Irvington, Accused Of Soil Contamination

IRVINGTON, NJ — A site in Irvington is one of four gas stations and auto facilities that have been slapped with environmental justice lawsuits, state officials announced this week.

The New Jersey Attorney General’s Office and the New Jersey Department of Environmental Protection (DEP) said they have launched lawsuits involving sites in Irvington, Trenton, Newark and Long Branch (see details below).

Each of the four sites is located in an “overburdened” community with “significant low-income, minority, and/or limited English proficiency populations” as defined under New Jersey’s environmental justice law.

“Environmental justice means ensuring that no community, regardless of race or income, bears the brunt of contamination and pollution while others enjoy the benefits that come from living in healthy neighborhoods,” New Jersey attorney general Matthew Platkin said.

Including the actions announced this week, the attorney general’s office and the DEP have filed 72 environmental justice cases or actions since 2018.

Authorities released the following allegations involving the four new lawsuits:

IRVINGTON – AB TRADING, CLINTON AVE ASSOCIATES

“The state is suing the owner of this gasoline service station and USTs over the failure to comply with a July 2019 ACO, remediate the hazardous substances that persist at the site, pay civil penalties, and repay DEP for the work it has conducted. The gas station is in a residential neighborhood with a day care center across the street.

“959-961 Clinton Avenue Associates is the property owner, and AB Trading Enterprises was the owner and operator of regulated underground storage tanks used to store fuel at the site at the time hazardous substances were discharged there. Both firms, which are owned by Alexander Briukhan, share the same Colts Neck address.

“In 2003, the DEP became aware of soil contaminated with gasoline and diesel fuel surrounding the UST. AB Trading and 959-961 Clinton Avenue Associates have disregarded orders from DEP to remediate the hazardous substances and bring the site into compliance with state environmental laws.

“In 2019, the DEP filed a complaint against the defendants in the Irvington Municipal Court for failure to remediate the contamination. In a July 2019 ACO, the defendants agreed to pay penalties and hire a licensed site remediation professional (LSRP) to remediate the site under direct oversight of the DEP. However, the defendants have failed to do so.

“Earlier this year, the DEP was forced to conduct vapor intrusion sampling at the day care after the owner failed to respond to notifications about migration of volatile chemicals from the site. DEP’s sampling confirmed that vapor intrusion is not occurring at the day care center.
“The lawsuit seeks to compel the defendants to comply with the ACO, remediate the hazardous substances that persist at the site under the DEP’s direct oversight, and pay civil penalties and other costs associated with the discharge.”

NEWARK – YER GAS

“The DEP is suing the former owner, current owners and a former insurance company of a gas station located at 924 18th Avenue in Newark to enforce prior final agency orders, force all defendants to remediate the property and to pay various penalties. The property borders a residential neighborhood that includes restaurants and a supermarket.

“In 1990, gasoline contamination was discovered in the soil at the site surrounding [underground storage tanks] (USTs) that were operated by defendant Frank E. Lach. Monitoring wells were installed that identified gasoline contamination above groundwater quality standards. In or around 2003, defendants Martin Reyes and Yer Gas Service took over operations of the gasoline distribution business. Since then, at least four additional toxic discharges have occurred.

“Besides Lach, Reyes, and Yer Gas, the other defendants in the case are Velez Properties, LLC, which currently owns the site, and Crum & Forster Specialty Insurance Company, which was Yer Gas’s insurer from September 2014 to September 2015.

“The DEP is asking the court to force the defendants to remediate the property, remove the USTs, and impose civil penalties on top of a $50,000 penalty assessed in August 2024.”

TRENTON – HAWK’S AUTO

“The state is suing this vehicle dismantling and salvage yard to force it to comply with two final DEP orders, remove and dispose of 1,650 cubic yards of solid waste, and pay civil penalties.

“Hawk’s Auto is owned by owner/operator Brian Hawkins Sr., and the landlord is Sharlin Properties LLC. The Water Pollution Control Act (WPCA) requires vehicle dismantling businesses to obtain a stormwater permit and to adhere to best management practices, which prevents gasoline, motor oil, and brake and transmission fluid from polluting soil, groundwater, and waterways.

“The DEP identified violations of the WPCA at the facility, including improper storage of vehicle parts, fluid contaminated soils, and a commingled waste pile containing tires, construction debris and other solid waste exposed to stormwater. The contaminated soils and waste pile constitute solid waste that is illegally placed or stored at the facility in violation of the Solid Waste Management Act (SWMA).

“Previously, the DEP issued two Administrative Orders and Notices of Civil Administrative Penalty Assessments (AONOCAPAs) to some or all of the defendants for the violations. Both are now Final Agency Orders (FAOs).

“However, thus far Hawks has failed to comply with the stormwater FAO and pay a $20,000 penalty. All of the defendants have failed to comply with the solid waste FAO and pay a $4,500 penalty. Moreover, the solid waste, including contaminated soil, remains on the site and is exposed to stormwater.

“The state brings this litigation to compel Hawks, Mr. Hawkins, and Sharlin Properties LLC to comply with the FAOs, remove and properly dispose of the solid waste, including the contaminated waste pile, comply with their stormwater permit designed to prevent water pollution, and pay civil penalties.”

LONG BRANCH – RIVERS EDGE MALL INC

“This lawsuit stems from defendant Rivers Edge Mall, Inc.’s failure to remediate soil and groundwater contamination at a former gas station located at 401 Liberty Street in Long Branch. The company has owned the property, except for a brief period, since 1969. In 1999, gasoline contamination was reported in the soil at the property surrounding the USTs, and subsequent soil and groundwater testing in 2004 identified gasoline contamination.

“In 2006, the DEP issued an Administrative Order and Notice of Civil Administrative Penalty Assessment against Rivers Edge Mall. In 2010, that matter was resolved with a decision issued by an Administrative Law Judge, which became a Final Agency Order requiring Rivers Edge Mall to pay civil administrative penalties for violating cleanup requirements.

“To date, however, River’s Edge Mall refuses to remediate the hazardous substances on its property, violating the Spill Act and other environmental laws. Accordingly, the DEP brings this action to compel Rivers Edge Mall to clean up the property and pay penalties.”

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