Environmental Bullies Are Picking On NJ Minorities, Poor: Lawsuit

It’s a new day for environmental enforcement in New Jersey, state officials say. And that means putting eight alleged environmental bullies on notice: no more picking on the state’s low-income and minority communities.

On Thursday, the New Jersey attorney general and commissioner of the Department of Environmental Protection announced that eight separate lawsuits have been filed against alleged polluters. The sites are located in heavily minority and lower-income communities across the state, including: Camden, Flemington, Newark, Palmyra, Pennsauken, Phillipsburg and Trenton. (See photos and details of each property below)

The lawsuits mark a new “environmental justice” initiative designed to support communities that have historically suffered some of the worst environmental harms in the state, officials said in a joint statement.

“Environmental justice means that everyone, no matter race, ethnicity, color, national origin, or income, deserves to live and work in a healthy and clean environment,” Attorney General Gurbir Grewal said. “But too often, the same communities suffer the worst environmental problems over and over again but don’t get the support that they need.”

Gurbir said that in New Jersey, officials are taking an “unprecedented step forward” to change an unacceptable status quo.

“We’re filing eight lawsuits to protect the environment in these areas,” the attorney general said. “Our first-of-its-kind statewide environmental justice action should make one thing clear to the polluters that have run amok in these communities: Not on our watch. We’re going to make New Jersey a national leader on environmental justice.”

DEP Commissioner Catherine McCabe said that cleaner environments promote stronger communities.

“For too long the residents of urban areas and other communities have not had their voices heard and have had to bear the burden of disproportionate sources of pollution and the consequent health effects,” McCabe said. “It is imperative that we take actions such as these to substantively address these issues and restore the confidence of residents and their elected leaders that New Jersey is committed to improving day-to-day life for all New Jersey’s people, especially our most vulnerable populations.”

According to Gurbir and McCabe, the lawsuits include an array of enforcement actions. For example, the lawsuit involving Pennsauken is a Natural Resource Damages (NRD) case… the fourth such case the state has filed this year.

The officials said:

“The lawsuit involves Puchack Wellfield, a series of wells that provided drinking water to Camden residents decades ago. The state alleges that the defendant was responsible for hazardous pollution that resulted in termination of the wells. The state is seeking NRD damages, as well as cleanup and removal costs that have been incurred and will be incurred at the site.”

Gurbir and McCabe added:

“In other cases, the state’s actions seek to force companies to clean up the soil and groundwater contamination for which they’re responsible. In some, the lawsuits seek not only site clean-up by the responsible parties, but also payment of financial penalties because the individuals or companies ignored prior orders to clean up the properties. Another seeks an order directing removal of illegally-dumped solid waste from a property in Trenton. And multiple of these actions seek to recover tax dollars the state had to spend cleaning up polluted properties.”

In addition to filing eight legal actions, Grewal said that his office is restructuring a new unit to bring additional focus to environmental justice issues. The section, to be called the “Environmental Enforcement and Environmental Justice Section,” will repurpose existing resources and hire additional attorneys to bring enforcement actions and promote environmental justice across the state.

Grewal said that Kevin Jespersen, who previously served in multiple leadership roles in the AG’s office – including as Executive Assistant Attorney General and Chief Counsel to the Attorney General – will oversee the section while the office undertakes a nationwide leadership search.

“Today is just the beginning of our environmental justice agenda, and we are going to pursue other polluters who have put the residents of these communities at risk,” Grewal said Thursday during a press conference in Camden. “We’re going to run a different kind of environmental enforcement program, one that asks how enforcement cases can promote justice.”

“No matter where you live and no matter your background, you deserve to have a healthy environment,” he emphasized.

TAKING A CLOSER LOOK

The following photos and “fact sheets” on the state’s Dec. 6 “environmental justice actions” come via the New Jersey Department of Law & Public Safety and the New Jersey Department of Environmental Protection.

PUCHACK WELLFIELD

Previously Provided Drinking Water to Camden, Camden County

Camden Median Household Income: $26,214 | % Minority: 94.7

“The Puchack Wellfield Superfund Site in Pennsauken, owned by the City of Camden, once served as a potable water supply to Camden residents. But as a result of discharges of hazardous substances from a former nickel and chrome plating facility at 482 Cove Road in Pennsauken (the “Property”), use of the well field had to be largely terminated in 1984. Those discharges included chromium, which is a known carcinogen and has been linked to respiratory tract illnesses. From 1969 to 1981, approximately 9,000 gallons of nickel/chromium contaminated wastewater were discharged daily to the Property’s soil, directly or via unlined trenches that led to underground septic tanks. The well field was placed on the National Priorities List by EPA in 1998, and EPA has overseen subsequent remediation of the site. DEP is seeking damages for injuries to natural resources caused by the discharges of hazardous substances. DEP also seeks to recover cleanup and removal costs that have been incurred in the past and will be incurred in the future at the site. The named defendant is SL Industries, Inc., owner of the Property and successor to prior owners of the Property and operators of the plating facility.”

FILLIT CORPORATION

Located in an Opportunity Zone in Palmyra, Burlington County

Palmyra Median Household Income: $66,130 | % Minority: 30.5

“Beginning in the 1990s, the Fillit Corporation property on Rte. 73 in Palmyra operated as a sand and gravel business and a yard/leaf waste recycling business on the site of an old municipal landfill. Fillit’s operations resulted in the destruction of wetlands along the Pennsauken Creek and importation of unauthorized solid waste. In 2012, Fillit leased the site to Jersey Recycling Services, LLC. Jersey Recycling’s owners brought on-site thousands of tons of illegal solid waste, including concrete, asphalt, and contaminated soils. DEP brought multiple enforcement actions against Fillit and Jersey Recycling, resulting in orders to clean up the site and to pay penalties. The companies, however, failed to comply. In 2014, Jersey Recycling abandoned the property without completing the required remediation. And in 2017, the State Commission of Investigation found that Jersey Recycling had ties to organized crime; it was run by Bradley Sirkin, a convicted felon in Florida. DEP seeks court orders requiring Fillit and Jersey Recycling to remediate and properly dispose of the solid and hazardous materials on site and to restore the damaged wetlands, and seeks additional civil penalties. The defendants are Fillit, Jersey Recycling, Grupo Mundial Balboa Internacional S.A., Messengers of Peace Development Corporation, Estate of Angelo Campo and its executor, Bradley Sirkin, and James Adkins.”

GULF GAS

Located in Newark, Essex County

Median Household Income: $33,025 | % Minority: 89.3

“For several decades, a succession of different owners and operators managed a gas station on Hillside Avenue in Newark. In 1999, six underground storage tanks were removed, and it was discovered that the soil was contaminated with tetrachloroethene (PCE). Further testing revealed that the groundwater had also been contaminated with multiple other hazardous substances, which included benzene, tertiary butyl alcohol (TBA), and methyl tertiary-butyl ether (MTBE). Exposure to some of these substances has been linked to kidney dysfunction, respiratory tract irritation, and cognitive and neurological effects. DEP took several enforcement actions against the owner, which failed to remediate the hazardous substances found in the soil and the groundwater. While the gas station is no longer in operation, business activities still continue at the property, and subsequent owners have similarly failed to conduct the required remediation. DEP now seeks a court order to compel remediation of the site and to recover its costs from the responsible parties. The defendants are Joseph Wright, E & J Investors Inc., and E & J Investors LLC.”

323 NORTH OLDEN AVENUE

Located in Trenton, Mercer County

Median Household Income: $34,412 | % Minority: 86.4

“In February 2014, a purported limited liability company (LLC) purchased property at 323 N. Olden Avenue in Trenton. The property had been a vacant industrial facility since 2002, and consists of a two-story historic industrial building, accessory buildings and loading dock area. The area fronting the property contains an outdoor parking lot area covered with concrete. Subsequent to the LLC’s purchase of the property, large amounts of solid waste—including hazardous waste and oil—were illegally dumped on the site in this outdoor area. The owners failed to comply with previous enforcement actions brought by DEP ordering them to clean up the property. DEP now seeks a court order to require the persons responsible for the property to remove the illegally dumped solid waste, and to pay penalties for the illegal dumping. The defendants are 323 N. Olden Avenue LLC, Leonardo A. Hernandez, and Gustavo A. Hernandez, Jr.”

NOVICK CHEMICAL

Located in Newark, Essex County

Median Household Income: $33,025 | % Minority: 89.3

“From the 1960s through 2002, various companies, including Novick Chemical Company, Inc., operated a bulk chemical storage and chemical distribution center at the foot of Emmet Street in Newark. Soil and groundwater samples taken at the property revealed the presence of high levels of hazardous substances, including tetrachloroethylene (PCE). Exposure to PCE has been linked to kidney dysfunction, respiratory tract irritation, and cognitive and neurological effects. In 1987, Novick notified DEP that it intended to purchase the assets of a former operator of the property, triggering statutory remediation obligations. Novick entered into an Administrative Consent Order (ACO) with DEP, where Novick promised to complete remediation. But since 2002, Novick has refused to comply with its obligations. In 2014, DEP filed suit against Novick, and the court issued an order assessing significant penalties against Novick and ordering it to complete the remediation. But Novick has still ignored its duty. In this motion, DEP is seeking to require Novick to comply with the court order and the ACO, and to complete the remediation. DEP is also seeking significant penalties for past refusals to comply. The defendant is Novick Chemical.”

TIRPOK CLEANERS

Located in an Opportunity Zone in Flemington, Hunterdon County

Flemington Median Household Income: $58,401 | % Minority: 49.3

“From the late 1940s to 2017, several owners operated a dry cleaning facility on Reaville Avenue in Flemington. In 2002, it was discovered that the dry-cleaning solvent tetrachloroethene (PCE) had been discharged into wastewater holding pits on the property, contaminating soil and groundwater. Exposure to PCE has been linked to kidney dysfunction, respiratory tract irritation, and cognitive and neurological effects. The discharged PCE also migrated through the ground water to Flemington Water Company Well #6, located at the intersection of Elmwood Avenue and Williams Street. Flemington Well #6 provided potable water to approximately 860 Flemington residents from 1977 until it was shut down in 1989 due to PCE contamination. DEP is seeking an order requiring the defendants to clean up the impacted soil and ground water and to reimburse the Department for its cleanup and removal costs. The defendants are Tirpok Group, Inc., Tirpok’s Cleaners and Dyers, Inc., Andrew G. Tirpok, Jr. and Andrew G. Tirpok, III.”

MONK’S AMOCO

Located in Camden, Camden County

Median Household Income: $26,214 | % Minority: 94.7

“In 1979, Monk’s Amoco, Inc., purchased a retail gas station and service center located on Broadway in Camden. In April 1984, gasoline seeped into the basement of a neighboring tavern, an environmental hazard that required immediate attention to remove the gasoline and flammable vapors from the tavern basement. That June, gasoline again seeped into the tavern basement. After the owner of Monk’s Amoco failed to comply with DEP’s directives, DEP promptly installed a groundwater recovery system that recovered and disposed of roughly 300 gallons of gasoline. Subsequently—between May 1999 and August 2011—DEP excavated a total of seven gasoline underground storage tanks from the property. To this day, an auto repair shop continues to operate at the property. DEP is seeking to recover its costs from the responsible parties. The defendants are Monk’s Amoco, Inc. and Hooper Monk.”

SOUTH MAIN & HUDSON

Located in Phillipsburg, Warren County

Median Household Income: $44,660 | % Minority: 28.6

“Since the 1940s, multiple owners have operated a retail gas station on South Main Street in Phillipsburg, a historic mixed commercial-residential neighborhood overlooking the Delaware River. In 1989, after removal of underground storage tanks, gasoline-related compounds were discovered in the ground water beneath the gas station. DEP directed the owner and previous owners of the gas station to remediate, but they did not comply. In 2005, neighbors complained of gasoline odors. DEP took swift action, confirming the presence of gasoline-related compounds in the air at several neighboring properties and installing vapor treatment systems to protect those neighboring residents’ air quality. DEP then had to obtain court-ordered access to the gas station to install a vapor extraction system to protect against additional contamination at neighboring properties. Today, DEP still maintains the vapor extraction system and monitors neighboring residents’ air quality, while the gas station’s retail gasoline business continues to operate. DEP is seeking to recover its costs from the responsible parties. The defendants are Progress Petroleum of Phillipsburg, Inc., Yank Shoimer, Inessa Shoimer, U & Y, Inc., YFG International, Inc., Lekco, Inc., Arminder Singh, Baljit Kaur, and Baljinder Singh.”

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Photos: New Jersey OAG