CAMDEN, N.J. (Legal Newsline) – A business operating a site in Gloucester County, New Jersey, and its owners are alleged to be liable for response costs spent by a governmental agency addressing environmental hazards.
United States of America, acting through the request of the regional counsel of the U.S. Environmental Protection Agency, filed a complaint on Sept. 21 in the U.S. District Court for the District of New Jersey against Thomas Toy, Melva Toy and Superior Barrel and Drum Co. Inc. alleging that the defendants violated the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).
According to the complaint, on Aug. 30, 2013, defendants' drum reconditioning business was inspected by the New Jersey Department of Environmental Protection, which found that thousands of containers on the site in various states of deterioration.
The suit states the agency requested the EPA respond, and the following month the EPA initiated a removal assessment. The plaintiff alleges the EPA has since incurred $6.3 million in response costs to address the release or threat of release of hazardous substances.
The plaintiffs seek judgment for costs incurred, including enforcement costs, prejudgment interest, and grant such other and further relief as the court deems just and proper. it is represented by Thomas A. Mariani Jr. of the U.S. Department of Justice.
U.S. District Court for the District of New Jersey case number 1:17-cv-07320-JHR-AMD