DEP sues for additional cleanup after Middlesex County oil spill
MILLTOWN – The state Department of Environmental Protection has filed a lawsuit to seek the remediation of a transformer oil discharge containing polychlorinated biphenyls (PCBs) at the former Michelin tire site, Attorney General Matthew J. Platkin and DEP Commissioner Shawn M. LaTourette announced.
The 28-page lawsuit was filed against SB Milltown Industrial Holdings Cobra Enterprises, SB Building Associates, SB Building GP, United States Land Resources, Berger & Bornstein, and Lawrence S. Berger.
According to the lawsuit, SB Milltown owned the property, the former Michelin tire site, at 2 Ford Ave., which contained defunct industrial buildings.
Prior to Oct. 4, 2016, SB Milltown contracted with Cobra Enterprises to perform demolition on the property, which included at least three electrical transformers.
On Oct. 4, 2016, the Middlesex County Hazmat Unit notified the DEP that the demolition of electrical transformers caused an unknown amount of transformer oil to be spilled into the Lawrence Brook and Mill Pond, which connect to nearby Farrington Lake.
DEP staffers arrived that day and saw three damaged electrical transformers overturned near a storm drain at the rear of the property with transformer oil pooling around the base of them, court papers say.
According to the DEP, staffers spoke with Alex Abdalla, owner of Cobra Enterprises, and determined Cobra caused the damage.
DEP staffers saw the bulk of the spilled oil entered a nearby storm drain that empties directly into Mill Pond and Lawrence Brook.
The DEP then issued an emergency fishing closure for some of the affected water, the lawsuit says.
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Testing of the transformer oil found it contained PCBs, court papers say.
The DEP informed Abdalla and Berger, who was in charge of the day-to-day operations of the companies, of their responsibility for the discharge and directed them to hire a licensed site remediation professional.
On Oct. 4, 2016, Abdalla hired Insurance Restoration Specialists, which began the cleanup.
But two days later, Insurance Restoration Specialists stopped work because Cobra Enterprises had failed to pay for their services, the lawsuit says.
Because no responsible party started the remediation of the contamination, the DEP approved the use of Spill Fund monies and other state resources to contain the discharge and remove as much transformer oil as it could under an emergency action.
On Oct. 6, 2016, the DEP retained Allstate Power Vac to resume the cleanup, which continued until Oct. 25, 2016, the lawsuit says.
However, not all the oil was removed.
The lawsuit alleges that because the defendants are responsible for the discharge they are obligated to complete remediation and reimburse the DEP for its costs incurred in containing the discharge and partially remediating the contamination.
Filed April 20 in Superior Court, the lawsuit is among eight new environmental enforcement actions targeting polluters across the state.
"Today’s enforcement actions are our latest efforts to fight for environmental justice and stand up for New Jersey’s most vulnerable residents,” Platkin said. “Through these actions, we are sending a clear message: whether you pollute our air, our soil, or our water, we will hold you accountable. Our communities deserve no less.”
Email: sloyer@gannettnj.com
Susan Loyer covers Middlesex County and more for MyCentralJersey.com. To get unlimited access to her work, please subscribe or activate your digital account today.
This article originally appeared on MyCentralJersey.com: NJ sues for more cleanup after Middlesex County oil spill
