Yer Gas, Newark, NJ
TRENTON – New Jersey Attorney General Matthew J. Platkin and Department of Environmental Protection (DEP) Commissioner Shawn M. LaTourette announced one environmental justice (EJ) settlement as well as the filing of four lawsuits to enforce environmental law in and around communities considered overburdened under New Jersey’s Environmental Justice Law. These communities have significant low-income, minority, and/or limited English proficiency populations.
“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. “Under my office and with the support of Governor Murphy, we will not stop the use of every available legal tool to make certain that those who have harmed vulnerable communities are held accountable and provide remedies for their prior behavior.”
“Today’s enforcement actions embody DEP’s steadfast commitment to hold accountable those who have created or contributed to environmental injustice,” said Commissioner LaTourette. “My DEP colleagues and I thank Attorney General Platkin and his team for their partnership to correct the legacy of pollution that low-income and minority communities have disproportionately borne.”
The cases announced today all consist of current or former gas stations and/or automotive facilities.
Including the actions announced today, the Attorney General and the DEP have filed 72 environmental justice cases or actions since 2018.
State Settles Orange Automotive Environmental Justice Case
Today’s announcement includes an administrative consent order (ACO) to resolve a 2020 environmental justice lawsuit over long-standing gasoline and waste oil contamination at 43-45 S Center Street, Orange, the site of a former gas station and a garage. In 2020, DEP sued because the then-owner failed to comply with a 2019 order to remediate the contamination caused by discharges from multiple underground storage tanks.
The current property owner and developer, AEN Urban Renewal, LLC, signed the ACO to remediate the site. AEN Urban Renewal, LLC, and 43-45 South Center Street LLC, which formerly owned the site, have paid a $40,000 civil administrative penalty.
DEP Files Four Environmental Enforcement Actions
AB Trading Enterprises and 959- 961 Clinton Avenue Associates, Irvington
The State is suing the owner of this gasoline service station and underground storage tanks (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, 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, 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 DEP’s direct oversight, and pay civil penalties and other costs associated with the discharge.
Hawk’s Auto, Trenton
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.
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, 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.
Yer Gas, Newark
DEP is suing the former owner, current owners, and a former insurance company of a gas station located at 924 18th Avenue, 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 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.
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.
Rivers Edge Mall, Inc., Long Branch
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, 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.
The enforcement actions and case outcomes announced today are being handled by the Environmental Enforcement and Environmental Justice (EEEJ) Section within the Division of Law’s Affirmative Civil Enforcement Practice Group. Those handling the cases include: Section Chief Gary Wolf; Assistant Section Chiefs Kevin Fleming, James LaBianca and Thomas Lihan; and Deputy Attorneys General Alana Paccione, Jesse Little, Daniel Nachman, Nell Hryshko, and Samuel Simon under the supervision of Assistant Attorney General Aaron Kleinbaum and Deputy Director Sara M. Gregory.
A resource explaining New Jersey’s environmental justice enforcement actions, including an interactive map, is available at https://www.njoag.gov/securing-environmental-justice.
To view photos of the sites, click here.
The Attorney General and the Commissioner ask for the public’s help in bringing environmental enforcement actions in overburdened communities and in all communities in New Jersey. If you are aware of an action that you suspect may negatively impact human health or the environment, please report the action using the WARN DEP app or by calling 1-877-WARN-DEP (1-877-927-6337) or email environmentaljustice@dep.nj.gov.