Attorney General, DEP Commissioner Announce the Filing of Two New NRD Lawsuits

The State Filed Eight NRD Lawsuits in 2019, Twice the Number Filed in 2018

Handy & Harman Complaint

Sherwin-Williams Complaint

NRD Sites Poster

NRD Fact Sheet

TRENTON –

Continuing to hold New Jersey’s polluters accountable, Attorney General Gurbir S. Grewal and Department of Environmental Protection (DEP) Commissioner Catherine R. McCabe today announced the filing of two new Natural Resource Damage (NRD) lawsuits, one against The Sherwin Williams Company and the other against Handy & Harman Electronic Materials Corp.

The complaint against Sherwin Williams arises out of the company’s operations at sites in Gibbsboro, Voorhees Township and Lindenwold in Camden County. The State alleges that Sherwin Williams manufactured oil-based paints, lacquers and varnishes, and in the process discharged industrial wastes into the ground, into nearby Hilliards Creek and into other surrounding creeks and lakes.

The complaint against Handy & Harman arises out of its operations of an etching and surfacing facility in Montvale, Bergen County in the 1980s. During Handy & Harman’s ownership, the complaint alleges, hazardous substances – including the chemical TCE (trichloroethylene) – were discharged on the property, resulting in the contamination of groundwater and the closure of nearby drinking water wells.

Today’s NRD lawsuits mark another step in Attorney General Grewal and Commissioner McCabe’s efforts to revitalize New Jersey’s environmental enforcement program. After eight years in which the State did not file any new NRD actions, the State has now filed 12 NRD actions in two years. In 2019 alone, the State filed eight such actions, including the two filed today.

“As Attorney General, I have been committed to holding polluters accountable for the legacy of contamination they left in our state,” said Attorney General Grewal. “Too many companies have treated the public’s natural resources like private dumping grounds, despite the health risks to our residents and the harms to our environment. That is why we’ve spent the past two years making polluters pay for the damage they caused, efforts that continue with today’s lawsuits. I am proud of the twelve natural resource damage actions that we filed in just two years, and I know that we are only getting started.”

“Today’s two lawsuits continue DEP’s unwavering commitment to go beyond the cleanup of contaminated sites to requiring the restoration or compensation for the damage to our precious natural resources,” said DEP Commissioner McCabe. “Enforcing our state’s laws against past abuses helps put us on track toward a cleaner, healthier future for all New Jerseyans.”

Sherwin Williams

The Sherwin Williams Company for decades operated a paint manufacturing plant and conducted related operations at multiple sites across Gibbsboro, Voorhees Township and Lindenwold. From the mid-1800s until the 1970s, Sherwin Williams and its predecessors manufactured a variety of paint products, including dry colorants, lacquers, varnishes, resins and both oil-based and water-based paints. As part of its operations, the company used and stored thousands of gallons of hazardous materials such as lead oxide, zinc oxide, lead chromate, and sulfuric acid.

According to today’s lawsuit, Sherwin Williams for many years discharged a “substantial amount of hazardous substances and industrial chemicals” into the ground and surface water. According to the complaint, the contaminants discharged include lead, arsenic and other heavy metals, as well as a variety of potentially harmful chemical compounds and waste paints. At one point in the plant’s history, the complaint notes, locals in and around Gibbsboro, Voorhees and Lindenwold rechristened Hilliards Creek as “Rainbow Creek,” because the water would take on different colors “depending on the color of the paint that Sherwin Williams was manufacturing and/or disposing of on a given day.”

The complaint alleges that Sherwin Williams spent decades knowingly contaminating the environment, and consistently “ignored orders” from DEP to address the pollution it had created. The complaint also asserts that the company “repeatedly issued misleading or inaccurate statements … to downplay its responsibility for the contamination.”

Given the company’s noncompliance with DEP orders, the complaint continues, DEP was forced to refer the sites over to the U.S. Environmental Protection Agency, which placed two of the sites on the National Priorities List as Superfund sites decades ago. The EPA, working with DEP, is overseeing that remediation. DEP is now seeking damages for that prior pollution. The State’s seven-count complaint alleges violations of New Jersey’s Spill Act, Water Pollution Control Act, and Solid Waste Management Act, as well as common law claims involving public nuisance, trespass and negligence. As part of this filing, the State is seeking punitive damages.

Handy & Harman

From 1970 until 1986, Handy & Harman Electronic Materials Corp. and its predecessor conducted metal etching and surfacing operations at a three-acre property located at 20 Craig Road in Montvale, Bergen County. Operations included the cleaning of electrical components through a degreasing process that relied on the solvent TCE.

According to the complaint, TCE was stored in a pair of 500-gallon, above-ground storage tanks located behind the facility, with waste TCE stored in drums located throughout the property.

According to the lawsuit, “numerous” discharges of TCE occurred both inside and outside the plant during its operating years. As a result of the contamination, several drinking water wells operated by the Borough of Park Ridge were impacted, which led to these drinking wells’ closure decades ago.

In December 1986, Handy & Harman entered into an Administrative Consent Order with DEP requiring that the company investigate and remediate environmental contamination at the site. Since then, investigation and remediation activities have taken place both on the property and at impacted drinking water wells surrounding the property.

Through today’s action, DEP seeks to recover damages for the prior injuries to natural resources, as well as for the cleanup and removal costs that have been incurred by the State in the past and that are likely to be incurred going forward.

The six-count complaint alleges violations of the Spill Act, Water Pollution Control Act, and Solid Waste Management Act, and common law claims involving public nuisance, trespass and negligence. (The complaint names other defendants as well, including Steel Partners Holdings, which acquired all outstanding shares of Handy & Harman.)

Environmental Enforcement Program

Under the leadership of Attorney General Grewal and Commissioner McCabe, the State has significantly strengthened its environmental enforcement program. In particular:

The State filed 12 NRD lawsuits in the past two years, including its first such actions in a decade, and including eight in 2019 alone. The cases involved:

Exxon-Mobil, for pollution at its Lail facility in Gloucester County

The manufacturers and distributors of a toxic family of chemicals known as “PFAS” (per- and polyfluoroalkyl substances); and

E.I. DuPont de Nemours, including for pollution in Pompton Lakes and at its Chambers Works site.

Filed fourteen environmental justice lawsuits, encompassing a range of urban and rural communities across New Jersey, in December 2018 and November 2019.

Filed other enforcement actions against polluters, including those responsible for:

A solid waste dump in Vernon Township, Sussex County (Feb. 2019);

A solid waste dump in Plumsted Township, Ocean County (Aug. 2019); and

Odor pollution in the Ironbound section of Newark (Sept. 2019).

Filed lawsuits against the federal government to:

Successfully prevent offshore drilling off the New Jersey coast;

Prevent the Trump Administration from rolling back critical federal rules that address climate change, clean air, and clean water; and

Ensure that the federal government takes steps required by law to reduce the ozone pollution entering New Jersey.

Area Teen Delivers More Than 1,000 Gifts to Jefferson Health New Jersey Patients

in Honor of Late Brother

Shown, from right, are: DJ’s aunt, Lakesia Anderson; John Graham, Chief Administrative Officer, Jefferson Washington Township Hospital; DJ Alexis; and his “elf” friends, who helped deliver the gifts to pediatric patients.

Turnersville, NJ –

DJ Alexis, a 17-year-old high school student from Sicklerville, NJ, came to Jefferson Washington Township Hospital on Monday, December 23 — along with his parents and several friends — to deliver toys and books for young patients in the ED, Women’s and Children’s, and Pediatric units, as well as kids and teens who receive care through Jefferson’s New Jersey-based Behavioral Health program.

This is the eighth year DJ has held his toy drive in memory of his newborn brother, Emanuel, who died at the hospital during the holiday season in 2006. DJ’s efforts this year resulted in his largest donation day yet — a combined 1,350 toys and books, after a months-long toy drive that pooled the efforts of friends, schoolmates, family members, and area businesses.

Obituary: Deborah A. Bartley, of Gloucester City

Be bright, sunny and positive. Spread seeds of happiness. Rise, shine and hold your head high. She was a wildflower in love with sunshine. Deborah A. Bartley was a devoted; mother, grandmother, sister, aunt and friend whose spirit lead her where love is

without borders.

All journeys have secret destinations in which the traveler is unaware. On Monday November 25, 2019, we let our balloon go, from Cooper Hospital in Camden, to touch the sky and forever fly in a place full of beauty, whimsy and wonder.

A mother’s love remains infinite transcending from generation to generation. Debbie is survived by her mother Betty Baker (nee Hagan) and is the daughter of the late George Laute.

Debbie is the mother of; Robert & his wife Jamie, Richard & his wife Veronica, Brooke & her husband Jason, Tara & her husband Stephen Vance and Devan Thomas. She is the proud grandmother of; Rick, Mason, Destiny, Jason, Riley, Jordyn, Nevaeh, Stephen, Kyle, Haley, Jasper, Robert, Ronnie, Ryan, Ryder, Rebecca, River, Richard, Alex, Jarid and Nash. She is also survived and will be sadly missed by her brother Harry & his late wife Denise Laute, Lisa & her husband Chris Mauser and the late Georgeann Laute.

Debbie spent all of her 57 years in Gloucester City buying a lifetime supply of Avon products. She enjoyed crafts and passed her time knitting.

Relatives, friends and neighbors are invited to join the Bartley family and share their heartfelt memories on Monday afternoon between 12:00 pm and 1:00 pm at Creran Celebration Etherington & Creran Funeral Homes 700 Powell St. Gloucester City where a remembrance ceremony will begin at 1:00 pm. The time honored tradition of reuniting those we love with nature was held privately. Our hearts journey will touch the sky in a balloon release immediately following our time together at the funeral home.

#crerancelebration #heartfelt

52 Police Officers Join Camden County Police Dept.

(Camden City, NJ) – Fifty-two new police officers joined the proud men and women of the Camden County Police Department this afternoon. After the swearing-in ceremony officers were assigned to the police administration building for additional agency training.

Freeholder Director Louis Cappelli executed the swearing-in with the police officers at Camden County College’s Camden campus and talked about their new careers.

“Many of these officers will be deployed to the streets of Camden to become part of a nationally recognized model of policing that is increasing services and safety for the region while stabilizing the city,” said Freeholder Director Louis Cappelli, Jr. “Our number one priority is to keep the residents of Camden County safe. These new police officers will make a tremendous impact in our County Seat, and by doing so are making Camden County a safer place to live for all residents.”

Avalon Honors Employees, Municipal Engineer

for Contributions and Achievements

Avalon Mayor Martin Pagliughi and Borough Council honored employees who achieved milestones in longevity of service benchmarks during the Wednesday, December 18

Borough Council meeting. Mayor and Council also presented a special proclamation to Municipal Engineer Tom Thornton of Mott MacDonald for achieving the distinction of 2019 Engineer of the Year from the New Jersey Society of Municipal Engineers.

“We are proud of the dedication of service our employees provide to the community that truly makes Avalon one of the best communities in New Jersey”, said Avalon Mayor Martin Pagliughi. “We are also proud of Tom’s efforts as he and his team have been very valuable contributors to our capital and resiliency projects in Avalon”.

The following employees have been recognized with Certificates of Achievement for their service to Avalon:

35 years: Arthur Ridler, Murray Wolf

30 years: Ernest Blood, Cynthia Dandridge, Council President Dr. Nancy Hudanich, Kimberly Mastriana

25 years: Kevin Scarpa, Kathleen Seliger, Kevin Scarpa

20 years: Stephen Camp, Jeffrey Christopher, Richard E. Dean, Sr., Michael Dean, Tracey Eppright

15 years: Alexis Coan, Michelle Devine

10 years: Stephen Bowers, Robert Hampf, Nicholas Jefferes, Nathan Morey, William Robinson III, Zachary Saduk, Michael Scythes

5 years: Gregory Armstrong, Michelle Auxer, Daniel Berglund, Brenda Camp, Brandon Cooper, Travis Cooper, Anthony Decesero Jr, James Waldron

Thornton achieved his individual honor during a meeting of the New Jersey League of Municipalities in Atlantic City on November 20

. He has served as Avalon’s municipal engineer since 2002 and has a leadership position on Avalon’s Floodplain Management Committee. Engineer Jeff Betz and Thornton were instrumental in the engineering services that produced Avalon’s popular Surfside Park, which received an award at the same meeting. That project was designed by Taylor Design Group of Mt. Laurel, NJ.

Fingerprints of an invisible, restricted horseracing therapy

Katherine Unger Baillie | Kbaillie@Upenn.edu

A treatment called extracorporeal shockwave therapy (ESWT) is used in patients both human and equine to speed healing of injured tendons and ligaments. Using high-pressure sonic waves, ESWT is thought to increase blood flow to the treated area, and has been shown to reduce pain over the short term.

Mary Robinson, director of Penn Vet’s Equine Pharmacology Laboratory, led work with lab member Jinwen Chen, to find fingerprints of shockwave therapy, a treatment used to address injury and pain in both humans and horses. The practice is banned in racehorses 10 days prior to competition. (Image: Paulick Report)

In racehorses, however, masking pain can come with a cost: overworked minor injuries could lead to major ones—or even pose a life-threatening risk to both horse and rider.

For that reason, horseracing authorities have banned the use of ESWT for horses within 10 days of a race or sporting event. But the question of how to enforce the ban on this “invisible” therapy remained open. Now a team led by

Mary Robinson

, director of the School of Veterinary Medicine’s

Equine Pharmacology Research Laboratory

, and lab member Jinwen Chen has found that the practice does in fact leave a trail. In a paper in

Equine Veterinary Journal

, they report finding potential biomarkers of ESWT that, with further testing, could one day be used to enforce the ESWT ban.

“Because it\’s not a drug—it\’s applied to the surface of the skin—it\’s just not an easy thing to detect,” says Robinson. “After a lot of trial and error, our study was able to measure changes in levels of five inflammatory factors, some of which we could detect up to three weeks after the shockwave therapy.”

The attempt to find these biomarkers dates back roughly a decade.

“It was Dr. [Lawrence] Soma, my predecessor, who said [the lab] was going to have to look at blood-based or urine-based biomarkers to try to detect shockwave therapy,” Robinson notes.

To find the fingerprints that ESWT might leave behind, the researchers tested the therapy on 11 horses kept as a study herd at Penn Vet’s

New Bolton Center

. The researchers collected blood samples from the group of horses, composed of Thoroughbreds and Standardbreds, at several timepoints both before and after they each received a single dose of ESWT to a leg.

Over the years, the lab investigated a number of potential biomarkers, molecules that would indicate a horse received ESWT. They zeroed in on 10 pro-inflammatory and anti-inflammatory signaling molecules, called cytokines, which they can measure from the blood using a sensitive test called ELISA.

“We looked a week before giving the shockwave therapy to see if there were any changes in the baseline period, due to changes in time of day or anything else, and didn’t see anything we could define as significant,” Robinson says. “And in the post-shockwave period we went out to three weeks.”

They could not detect changes in five of the cytokines they examined following ESWT. But the other five—TNF-a, IL1b, IL-1RA, IL-6, and sTLR2—did respond. Of those, TNF-a levels were significantly increased through the whole of the post-therapy study period, three weeks.

More study is necessary, Robinson emphasizes, before these biomarkers could be used to assess inappropriate use of ESWT in racehorses. For one, the researchers would like to see if measuring these same molecules in horses that are actively training and racing, or that have an acute injury, might change their results.

For that, she and her colleagues are actively pursuing follow-up studies to look at these biomarkers and other indicators, using a biobank of samples from client-owned animals, including injured and active racehorses, treated at New Bolton Center.

The end goal is to keep the sport safe.

“Shockwave therapy is great as long as people rest the horse after using it,” she says. “We are concerned that it’s being abused in the racehorse industry and that it could potentially result in breakdowns. That’s exactly what we’re trying to avoid.”

Dr. Mary Robinson

is an assistant professor of veterinary pharmacology and director of

the Equine Pharmacology Laboratory

at the University of Pennsylvania School of Veterinary Medicine.

Jinwen Chen is a research specialist in t

he Equine Pharmacology Laboratory

at the University of Pennsylvania School of Veterinary Medicine.

Additional coauthors on the study were Penn Vet’s

Darko Stefanovski

Joanne Haughan, Zibin Jiang, Raymond Boston, and Lawrence Soma.

The study was supported by the Pennsylvania State Racing Commissions and the Pennsylvania Harness Horsemen Association at Pocono and Chester Downs, Meadows Standardbred Owners Association, Pennsylvania Horsemen’s Benevolent and Protective Association at Penn National and Presque Isle Downs, and The Racing Medication and Testing Consortium.

Future studies to expand on this body of research are largely supported by the Pennsylvania Horse Breeders Association (PHBA),

whose generous support established New Bolton Center\’s state-of-the-art Equine BioBank.

About Penn Vet

Ranked among the top ten veterinary schools worldwide, the University of Pennsylvania School of Veterinary Medicine (Penn Vet) is a global leader in veterinary education, research, and clinical care. Founded in 1884, Penn Vet is the first veterinary school developed in association with a medical school. The school is a proud member of the One Health initiative, linking human, animal, and environmental health.

Penn Vet serves a diverse population of animals at its two campuses, which include extensive diagnostic and research laboratories. Ryan Hospital in Philadelphia provides care for dogs, cats, and other domestic/companion animals, handling nearly 35,300 patient visits a year. New Bolton Center, Penn Vet’s large-animal hospital on nearly 700 acres in rural Kennett Square, PA, cares for horses and livestock/farm animals. The hospital handles nearly 5,300 patient visits a year, while the Field Service treats more than 38,000 patients at local farms. In addition, New Bolton Center’s campus includes a swine center, working dairy, and poultry unit that provide valuable research for the agriculture industry.

Authorities Charge Delran Man with Possession of Child Pornography

Burlington County Prosecutor Scott Coffina and Delran Township Police Chief Alfonso A. Parente Jr. announced that a 63-year-old Delran Township man has been charged with possessing child

pornography.

Robert Tokarczyk, (photo)of the first block of Fox Chase Drive, was charged December 12 with Endangering the Welfare of a Child (Third Degree).

The investigation began earlier this year after the BCPO High-Tech Crimes Unit received information regarding Tokarczyk’s online activities from the National Center for Missing and Exploited Children.

The investigation revealed that Tokarczyk was utilizing a search engine to locate and download child pornography. Multiple electronic devices were seized during the execution of a search warrant at his residence. An examination of the devices by detectives from the BCPO High-Tech Crimes Unit revealed approximately 600 images of child pornography and child erotica.

Tokarczyk surrendered himself at the Prosecutor’s Office in Mount Holly. The case will now be prepared for presentation to a Burlington County Grand Jury for possible indictment. Tokarczyk will be prosecuted by Assistant Prosecutor Joseph Remy.

The investigation was conducted by the BCPO High-Tech Crimes Unit, with assistance from United States Homeland Security Investigations – Cherry Hill Office and the Delran Township Police Department. The lead investigator is BCPO Detective Jennifer Appelmann.

The Prosecutor’s Office High-Tech Crimes Unit is a member of the New Jersey State Police Internet Crimes Against Children (ICAC) Task Force and the New Jersey State Police Cyber Terrorism Task Force.

All persons are considered innocent until proven guilty in a court of law.

NJDOT Releases 511NJConnect System

NJDOT announces proactive

Alert system uses geo-fencing technology to provide information to motorists

(Trenton)

– New Jersey Department of Transportation (NJDOT) Commissioner Diane Gutierrez-Scaccetti today announced the launch of 511NJConnect, a new alert system that allows transportation agencies the ability to proactively provide information directly to motorists who are stuck in long-term highway closures.

At the conclusion of the last winter, Commissioner Gutierrez-Scaccetti directed New Jersey’s transportation agencies to find a way to use technology to keep motorists better informed in the event of an extended highway closure.

“We all understand the frustration and stress that can be caused by being stuck in traffic for an extended period of time,” Commissioner Diane Gutierrez-Scaccetti said. “While we hope we never have to use it, 511NJConnect is an innovative way to use technology to provide motorists information and status updates during a long-term road closure. Just knowing that there is someone out there monitoring the situation can be extremely reassuring.”

In the event of a sustained stoppage of traffic, the 511NJConnect system, using geo-fencing technology, will identify motorists in the proximity of the incident and send an alert to their hand-held devices. Motorists within the target area will be given the option to register for automatic text messaging or phone updates throughout the event generated by transportation agency staff monitoring the situation. Once the incident is resolved, motorists who registered for the alerts will be automatically unsubscribed from the system and all personal data will be removed.

The system will allow direct communication and updates about the incident to those motorists who are impacted.

511NJConnect is not a substitute for calling 9-1-1

if a motorist has an actual emergency in their vehicle.

Developed in coordination with the New Jersey State Police, the 511NJConnect system will be used for long-term traffic incidents in which motorists become immobilized for an extended period of time on New Jersey’s Interstate highways, the New Jersey Turnpike, the Garden State Parkway, or the Atlantic City Expressway.

NJDOT remains committed to providing safe roadways to New Jersey motorists and in anticipation of the winter season, the Department is implementing this proactive approach to assist and inform motorists in the event of an unforeseen extended closure of a highway.

Motorists should keep a basic emergency kit in their vehicles that includes non-perishable food and water, a cell phone charger, weather-related items such as a blanket, shovel, ice scraper, or rain gear, and any specialized supplies such as baby or pet care items. Visit

ReadyNJ.gov

for more information about emergency kits and preparedness.

About the 511NJ Suite of Services

— The

511NJ.org website

, phone system, Personalized Travel Service, and

New Jersey Traffic

features provide valuable real-time traffic and traveler information about incidents, crashes, congestion, construction, special events, and travel times. The Department updates this information 24 hours a day, 7 days per week.

Sentencing of Millville Suspect Announced for Drug Induced Death Case

December 23, 2019

Cape May Court House, New Jersey – Cape May County Prosecutor Jeffrey H. Sutherland announced the sentencing of Christopher R. Small, a 41 year old male from Millville, NJ, who was sentenced on Friday December 20, 2019, to 25 years in New Jersey State Prison by the

Honorable Judge Gibson, JSC.

This sentence was related to a October 3, 2018, drug induced death investigation of the victim, Kevin MacFarlane, a 54 year old male from Avalon, NJ, initiated by Troopers and Detectives from the New Jersey State Police Woodbine Barracks.

Defendant Christopher Small was sentenced to 20 years in New Jersey State Prison with no early release for the drug-induced death of the victim and a consecutive 5 year term for distribution of a controlled dangerous substance.

Prosecutor Sutherland stated that his office as well as all law enforcement agencies throughout Cape May County will aggressively investigate and prosecute those who engage in the distribution of CDS, especially those individuals who distribute CDS which results in the death of another. Sentencing for Christopher Verity, a co-defendant in this drug induced death investigation, is scheduled for January 16, 2020.

Prosecutor Sutherland would like to recognize the investigative efforts of the officers and detectives involved in this investigation along with Assistant Prosecutor Edward Shim who prosecuted this case.

Prosecutor Sutherland continues to urge the citizens of Cape May County to report information regarding any criminal activity within community and that this information can be reported anonymously through the Cape May County Sheriffs Tip Line at

cmcsheriff.net

and click on anonymous tip, or through the Cape May County Crime Stoppers at 609-465-2800, or the Cape May County Prosecutor’s Office at 609-465-1135.

Obituary: Eleanor Jablonski of Audubon

Eleanor Jablonski (nee Bartoszek), went to be with the Lord on December 16, 2019, of Audubon. Age 89.

Beloved wife of the late Henry B. Jablonski. Devoted mother of Henry Robert Jablonski (Patricia) and Jane Jablonski. Loving grandmother of Gregory, Christopher and Kimberly and great grandmother of Brayden. Also survived by many nieces and nephews.

There will be a viewing from 9:45 to 10:45am Saturday morning at St. Joseph the Worker Parish, St. Vincent Palliotti RC Church, 901 Hopkins Rd., Haddon Twp., NJ 08033.

Funeral Mass 11am in church.

Interment St. Joseph’s Cemetery, Chews Landing.

Family requests in lieu of flowers, donations be made in Mrs. Jablonski’s memory to St. Jude Children’s Research Hospital, 501 St. Jude Place, Memphis, TN 38105.