NJ Files Four New Environmental Justice Lawsuits, Settles with Orange Automotive

MORRISTOWN, NJ – New Jersey Attorney General Matthew J. Platkin and Department of Environmental Protection (DEP) Commissioner Shawn M. LaTourette have taken a major step forward in enforcing environmental justice, announcing a new settlement and the filing of four significant lawsuits. These legal actions target former and current gas stations and automotive facilities that have long plagued communities with significant low-income, minority, and limited English proficiency populations.

959- 961 Clinton Avenue Associates

The announcement today highlighted the settlement of an environmental justice case from 2020 involving long-standing contamination at a former gas station in Orange, NJ. The site at 43-45 S Center Street has been a concern due to gasoline and waste oil contamination resulting from multiple underground storage tanks. The current and former property owners have agreed to an administrative consent order to remediate the site and have paid a $40,000 civil penalty for their past noncompliance.

“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,” said Attorney General Platkin.

Yer Gas, Newark

In addition to the settlement, the state has filed lawsuits against four entities responsible for environmental violations in overburdened communities, emphasizing the state's commitment under New Jersey’s Environmental Justice Law. These cases are part of a broader effort by the Attorney General and the DEP, who have initiated 72 environmental justice cases since 2018.

Hawk’s Auto, Trenton

Detailed Overview of New Legal Actions:

1. AB Trading Enterprises and 959-961 Clinton Avenue Associates, Irvington: The state is pursuing these companies over their failure to remediate hazardous substances at a gas station site directly across from a residential neighborhood and a daycare center. Despite a 2019 order, the firms have not complied with remediation and penalty payment requirements, prompting further legal action.
2. Hawk’s Auto, Trenton: This vehicle dismantling and salvage yard is being sued for non-compliance with DEP orders to remove substantial amounts of solid waste and prevent pollution from vehicle-related fluids. The state seeks to enforce compliance with stormwater and solid waste management regulations to protect local waterways and the community.
3. Yer Gas, Newark: The former and current owners of this gas station, along with their past insurer, are being compelled to remediate ongoing gasoline contamination that affects the surrounding residential neighborhood. The state is demanding the removal of underground storage tanks and the implementation of necessary clean-up measures.
4. Rivers Edge Mall, Inc., Long Branch: Following years of non-action on required remediation of soil and groundwater contamination at a former gas station site, the state is pressing the property owner to undertake clean-up operations and face penalties for violating environmental laws.

Rivers Edge Mall, Inc., Long Branch

These enforcement actions and the recent settlement are being managed by the Environmental Enforcement and Environmental Justice Section within the Division of Law’s Affirmative Civil Enforcement Practice Group, along with key contributions from DEP staff.

The Attorney General and Commissioner LaTourette are calling on the public to assist in identifying and reporting environmental violations, especially in overburdened communities. Residents can report suspected violations through the WARN DEP app, by calling the hotline at 1-877-WARN-DEP, or by emailing environmentaljustice@dep.nj.gov. For more information on New Jersey’s environmental justice initiatives, including an interactive map of enforcement actions, visit the official website at https://www.njoag.gov/securing-environmental-justice.

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