The state Department of Environmental Protection has filed an Environmental Enforcement Actions against AB Trading Enterprises in connection with its property on Clinton Avenue in Irvington.
The state attorney general’s office announced that it has reached an environmental justice settlement with owners of a gas station site in Orange and filed a lawsuit against owners of an unrelated site in Irvington.
“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 New Jersey Attorney General Matthew J. 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.”
Department of Environmental Protection (DEP) Commissioner Shawn M. LaTourette said the enforcement actions embody DEP’s commitment to hold accountable those who have created or contributed to environmental injustice.
“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,” LaTourette said.
The attorney general and the DEP have filed 72 environmental justice cases or actions since 2018.
An administrative consent order resolves 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, according to a press release from the state Attorney General’s Office.
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, signed the ACO to remediate the site. AEN Urban Renewal, and 43-45 South Center St., which formerly owned the site, have paid a $40,000 civil administrative penalty.
DEP also filed four Environmental Enforcement Actions, including one against AB Trading Enterprises and 959-961 Clinton Ave. Associates, Irvington, the release said.
The state is suing the owner of this gasoline service station and underground storage tanks over the failure to comply with a July 2019 ACO to 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, the release said.
The property is owned by 959-961 Clinton Ave. Associates 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, the release said.|
A man named Alexander Briukhan, who said he was the manager of the station, said he had not heard of the suit and could not comment.
In 2003, DEP became aware of soil contaminated with gasoline and diesel fuel surrounding the underground storage tanks. 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, the release said.
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, the release said.
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.
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