Developers are suing two chemical companies for $15.5 million in cleanup charges related to toxic contamination at a former industrial site in Kearny that they intend to turn into homes and warehouse space.
In a federal complaint filed last week in U.S. District Court in Newark, Ridge Crossing and associated developers accused two chemical corporations of causing harmful contamination at a property in Kearny, Hudson County.
The corporations are accused in the lawsuit of neglecting to clean up dangerous chemicals at the former Jeryl Industries Industrial Park, which is located at 680 Schuyler Avenue and 590 Belleville Turnpike.
The case claims that Alpha Metals, among others, manufactured chemicals on the land for decades, from the 1960s to the early 1990s.
The complaint claims that Alpha Metals’ successors are Alent and Alpha Assembly Solutions, the businesses named in the case.
Mark Heinzelmann and Christopher Porrino of Lowenstein Sandler, Ridge Crossing’s lawyers, declined to comment on the case.
Alpha Assembly Solutions and Alent did not immediately respond to requests for comment.
The plaintiffs assert that during reconstruction, they discovered vinyl chloride, benzene, trichloroethylene, and other dangerous chemicals in the groundwater and soil, along with chlorinated solvents.
According to the developers, the businesses broke both state and federal environmental laws, such as the Spill Act of New Jersey and the Comprehensive Environmental Response, Compensation, and Liability Act.
The lawsuit claims that Ridge Crossing and Alent entered into a contract in 2015 that mandated that Alent take care of the cleanup.
However, the developers allege that the work was delayed, incomplete, or never done.
The developers claim that as a result, they had to finish the cleanup, which included getting rid of the contaminated soil and putting in vapor barriers.
They further claim that in order to prevent vapor infiltration, they had to alter their foundation systems, which resulted in additional expenses and delays.
The action asks for a court order compelling the corporations to complete the repair, damages, and payment for cleanup costs.
The developers also claim they followed federal cleanup standards, however, the contamination continues to affect construction at the site.
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