NJ DEP Rules on Environmental Lawsuit Involving Livingston Property on Okner Parkway

A precedent-setting environmental lawsuit involving a contaminated Livingston property on Okner Parkway continued its convoluted route to conclusion, when NJ DEP Commissioner Bob Martin recently issued a final decision holding the site’s former owner responsible for remediation.

According to a NJ Spotlight report, the case revolved around the responsibility of Des Champes Laboratories, a manufacturer that handled small quantities of hazardous waste, to remediate contamination prior to selling the property.

From 1982 to 1996, the company operated a light assembly facility on Okner Parkway. When the company sought to sell the facility, it obtained a “no further action’’ letter from the agency, a document that asserted there had been no discharge of hazardous substances from the facility.

The report stated:

“Eight years later, the DEP investigated a problem involving groundwater contamination in Livingston, later determining that the source of the problem originated in the middle of the former Des Champs’ property. Upon that determination, the agency sought to rescind the “no further action’’ letter.”

On learning of the DEP decision, Des Champes filed for an “ISRA DQE exemption,” which would legally absolve them of responsibility for the contamination discovered after they had already sold the property to its current owners, R&K Associates.

The appeal set off a legal battle that has continued for almost three years.

Send Livingston news tips and press releases to eric.kiefer@patch.com