Property Owner Entitled to Hearing on Agency's Attempted Reopener of Cleanup
In the case entitled In the Matter of Crompton Colors Inc., N.J. Super. Ct. App. Div., Case No. A-0778-09T1 (decided Oct. 27, 2011), a property owner was faced with the challenge of having to respond to the New Jersey Department of Environmental Protection’s decision to revoke its no further action status for a site cleanup.
The facts were as follows. In 1991, the owner demolished a warehouse and in the process removed a 10,000 gallon heating oil tank. During the tank removal, oil product was discovered in the soil and on the surface of the groundwater. The contamination was remediated through excavation and vacuuming, but subsequent testing determined that the site was still impacted.
Continue reading about this case here on Taft's Environmental Law Insight blog.
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