BUR-L-002634-18 12/06/2018 10:17:24 AM Pg 1 of 44 Trans ID: LCV20182117901

GURBIR S. GREWAL
ATTORNEY GENERAL OF NEW JERSEY
Richard J. Hughes Justice Complex
25 Market Street
P.O. Box 093
Trenton, NJ 08625-0093
Attorney for Plaintiff
By:

Robert J. Kinney
Attorney ID: 038572005
Candice McLaughlin
Attorney ID: 155862015
Deputy Attorneys General
(609) 376-2789
Robert.Kinney@law.njoag.gov
Candice.McLaughlin@law.njoag.gov

SUPERIOR COURT OF NEW JERSEY
LAW DIVISION - BURLINGTON
COUNTY
DOCKET NO.

NEW JERSEY DEPARTMENT OF ENVIRONMENTAL
PROTECTION,
Civil Action
Plaintiff,
VERIFIED COMPLAINT

v.
JERSEY RECYCLING SERVICES, LLC; FILLIT
CORPORATION D/B/A FILLIT SAND AND
GRAVEL; GRUPO MUNDIAL BALBOA
INTERNACIONAL S.A.; MESSENGERS OF
PEACE DEVELOPMENT CORPORATION; ESTATE
OF ANGELO CAMPO; JAMES CAMPO, as
Executor of Estate of Angelo Campo;
BRADLEY SIRKIN, individually; JAMES
W. ADKINS, individually; and JOHN DOES
1 through 99,

.

Defendants.

Plaintiff, State of New Jersey, Department of Environmental
1

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Protection ("DEP" or "Department"), by way of Verified Complaint
against

Services,

Recycling

Jersey

LLC;

Bradley

Sirkin,

individually; Fillit Corporation D/B/A Fillit Sand and Gravel; the
Estate of Angelo Campo; James Campo, as Executor of the Estate of
Angelo Campo; Grupo Mundial Balboa Internacional S.A.; Messengers
of Peace Development Corporation; James W. Adkins, individually
(collectively, "Defendants") says:
STATEMENT OF THE CASE

1.

This action is brought pursuant to the Solid Waste Management
Act, N.J.S.A. 13:1E-1 et seq. ("SWMA"), the New Jersey Water
Pollution Control Act, N.J.S.A. 58:10A-1 et seq. ("WPCA"),
the Freshwater [nTetlands Protection Act N.J.S.A. 13:9B-1 et
seq. ("FWPA"), the Flood Hazard Area Control Act, N.J.S.A.
58:16A-50
12:3-1

et

et

seq.

seq.,

("FHACA"),

the

Tidelands

Act,

N.J.S.A.

Development

Act,

N.J.S.A.

the

Waterfront

12:5-1 et seq. ("WDA"), for the assessment of civil penalties

as may be authorized by each statute and to compel the removal
of illegal solid waste located at 213 Route 73 South, Block
156, Lots 2, 2.01, 3.01, 4.01, 5.01, and 6.01, Borough of

Palmyra, Burlington County, New Jersey ("the Site"), and for
the

restoration of

disturbed

wetlands,

wetland

transition

areas, riparian zones, flood hazard areas, and compensation
for

the

tidelands.

unauthorized

filling

and

occupation

of

state

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2.

This action also seeks enforcement of four Final Orders the
Department issued to defendants Fillit -Sand and Gravel and
Angelo Campo relating to violations of the SwMA, and such
other relief as the court deems appropriate.

3.

The site consists of over 100 acres of waterfront property
that lies on the Pennsauken Creek and Palmyra Cove along the
The landscape is home to natural

banks of the Delaware River.

wetlands which serve to protect drinking water supplies and
provide protection from flood and storm damage.

Many fish

and wildlife species, including migrating birds, endangered
species such as the American Bald Eagle, and commercially and
recreationally

important

wildlife,

rely

on

wetlands

for

critical habitat.
4.

Defendants

and

Campo

Angelo

Fillit

Corporation

began

operating a mulch recycling facility at the site beginning in
1999.

Between

Corporation

2007

were

and

2009,

responsible

Angelo

for

Campo

multiple

and

Fillit

environmental

violations relating to stockpiling mulch in excess of the
amount allowed by the SWMA.

Between 2012 and 2014, Fillit

Corporation leased the site to Jersey Recycling and Bradley
Sirkin.

Jersey Recycling and Bradley Sirkin continued the

cycle of environmental violations by operating over-capacity
for

the

mulch

operation

and

by

illegally

accepting

and

stockpiling other forms of solid waste, such as painted and
~c3

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treated wood, piles of concrete, contaminated soil and other
The Defendants also destroyed

wastes without authorization.

vegetation along the banks of the Pennsauken Creek, and over
6

acres

of

State-owned

authorization.

When

tidelands

and

Recycling

Jersey

without

been filled

had

Sirkin

Bradley

abandoned the site in 2014 shortly after the death of Angelo
Campo, they left behind enormous amounts of solid waste that
they

had

stockpiled

over

the

years,

as

well

as

impaired

wetlands, wetland transition areas, flood hazard areas, and
the riparian zone.
5.

Communities like Palmyra, New Jersey are too often exposed to
a

disproportionate

amount

of

pollution

other

and

environmental hazards as compared with wealthier communities.
To improve the economic and environmental well-being of its
citizens,

Palmyra

revitalization.

has

prioritized

Unfortunately,

the

this

area

Defendants

for

corrupt

recycling practices and the improper disposal of contaminated
soil and debris continue to thwart redevelopment of this area
by Palmyra.

The State now seeks to hold the Defendants named

herein responsible for their unauthorized and environmentally
unsound activities.
PARTIES
6.

The Department is a principal department of the State of New
Jersey with offices at 401 East State Street in Trenton, New
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Jersey.

The Department administers programs and enforces

laws and regulations to conserve the natural resources of the
State, to promote environmental protection, and to prevent
pollution of the environment of the State.

N.J.S.A. 13:1D-

9.

7.

Defendant Fillit Corporation is a business incorporated in
New

Jersey

on

July

24,

1981,

Corp.

0100145482.

No.

On

information and belief, Fillit Corporation also does business
as Fillit Sand and Gravel.

Fillit Corporation owns the site

at 213 Route 73 South, Palmyra, NJ 08065, its principal place

of business, and operated a mulch recycling facility at the
site

between

1999

and

2012.

For

the

purposes

of

this

Complaint, Fillit Corporation and Fillit Sand and Gravel will
hereinafter be referred to as "Fillit."
8.

Defendant Estate of Angelo Campo (hereinafter "Campo Estate")
is the principal owner and operator of Fillit.
was

the

corporate

official

responsible

Angelo Campo

for

directing

operations of Fillit until his death in August 2014.

His

last known residence was 118 Creek Road, Lumberton, NJ 08048.

9.

Defendant James Campo is the son of Defendant Angelo Campo
and the current executor of the Campo Estate and heir and
successor in interest of Angelo Campo.

James Campo currently

resides at 101 Asbury Road, Egg Harbor, NJ 08234.

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10.

Defendant

James

Defendant

Grupo

W.

Adkins

Mundial

is

the

president

and

Balboa International S.A.

of

CEO

("Grupo

Mundial") and the president and CEO of Defendant Messengers
of Peace Development Corporation (hereinafter "Messengers of
Peace")

He currently resides at 342 Yale Avenue, Hillside,

NJ 07205.

Upon information and belief , James Adkins purchased

1000 of the shares of Fillit Corporation in August 2014 on
behalf

of

Defendant

Mundial.

Grupo

Upon

information

and

belief, James Adkins is the corporate official responsible
for representing and making decisions on behalf of Messengers
of Peace Development Corporation.
11.

Defendant

Grupo

Mundial

principal

place

of

information

and

shareholder of

is

a

business

belief,

the

Panama

in

Corporation

Panama
company

City,
became

with

Panama.
the

a
On

sole

Fillit after the death of Angelo Campo in

August 2014 and is successor in interest of the corporation's
operations.
12.

Defendant Messengers of Peace is a New Jersey Corporation
with last known address of 20 Promenade Place, Voorhees, NJ
08043.

Upon information and belief, Messengers of Peace was

involved with Angelo Campo in efforts to redevelop the site
between approximately 2008 and 2010, and was assessed Site
Remediation Program Cost fees of $21,365.81 that it never
paid.
C

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13.

Defendant Jersey Recycling Services, LLC (hereinafter "Sersey
Recycling") is a business incorporated in New Jersey in April
Jersey Recycling leased the site

2012, Corp. No. 0600386294.

and operated a mulch recycling facility between 2012 and 2014.

Jersey Recycling

is

no

in

longer

business

maintains a principal place of business.
for

the

business

is

longer

The registered agent

Creations

Corporate

no

and

Inc.,

Network

12

Christopher Way #200, Eatontown, NJ 07724.
14.

Defendant

Bradley

responsible
between

2012

incarcerated

for
and
at

is

Sirkin

operations

directing
2014.
the

the

is

He

Jessup

of

Recycling

Jersey
inmate

#37679-004

Corrections

Institute,

currently

Federal

official

corporate

2600 Highway 31 South, Jessup, Georgia 31599.
STATEMENT OF FACTS
15.

Fillit is the owner of real property located at 213 Route 73
South, Block 156, Lots 2, 2.01, 3.01, 4.01, 5.01, and 6.01,
Borough of Palmyra, Burlington County, New Jersey.

In 1999,

Fillit began operating a facility on the site that composted
leaf matter and processed tree parts and brush into mulch.

16.

Angelo Campo owned and operated Fillit between 1999, when the
corporation was created, until his death in 2014.

Angelo

Campo was a responsible corporate official of Fillit within
the

meaning

of

N.J.A.C.

7:26-1.4,

N.J.S.A.

N.J.S.A. 13:9B-3, and N.J.S.A. 58:16A-51(g).
7

58:10A-3(1),

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17.

Between January 30, 2007 and August 17, 2009, the Department
issued Fillit and Angelo Campo four separate Administrative
Orders

and

Assessments

Notices

of

Civil
for

("AONOCAPAs")

Administrative

Penalty

relating

violations

to

stockpiling solid waste in excess of the amounts the SWMA
Neither Fillit nor Angelo Campo

allows without a permit.

requested administrative hearings on the AONOCAPAs, and by
operation of law they became Final Orders of the Department.
18.

Fillit and Angelo Campo failed to take the remedial measures
required by the four AONOCAPAs and failed to pay the civil
administrative penalties assessed therein.

19.

On January 6, 2011, the Department entered into a Settlement
Agreement,

NEA100001-131975,

to

resolve

outstanding

the

compliance issues and civil administrative penalties relating
to the four Final Orders.

Certification of Candice McLaughlin

("McLaughlin Cert."), EXHIBIT A.

The Settlement Agreement

required Fillit and Angelo Campo to bring the mulching and
composting

facility

compliance

with

all

into

compliance

applicable

and

operate

to

regulations

and

in

permits.

Pursuant to the Settlement Agreement, Angelo Campo and Fillit
agreed to pay a civil administrative penalty of $11,015 to
the State in ten monthly payments of $1,000 and an eleventh
monthly payment of $1,015, beginning 30 days after execution
of

the

Settlement

Agreement.

The

Settlement

Agreement

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provided that if Fillit or Angelo Campo failed to make the
required payments, the full penalty amount of $20,000, along
with costs and interest, would immediately become due and
owing.
20.

Fillit and Angelo Campo paid a total of $8,000 toward the
Settlement Agreement before discontinuing scheduled payments.
Pursuant to the Settlement Agreement, the full penalty amount
($20,000) less the amount paid ($8,000), along with costs and
interest, is now due and owing.

21.

On August 7, 2014, Angelo Campo died.

His son, James Campo,

is a beneficiary of the estate and was named executor of the
On August 21, 2014, the Last Will and Testament of

estate.
Angelo

Campo

was

in

probated

Burlington County, New Jersey.
executor,

exercised

the

Surrogate's

Court

in

James Campo, in his role as

control over Angelo

Campo's

remaining

assets, including Fillit and the Site.
22.

In November 2014, upon information and belief, James Campo,
as executor of the Estate of Angelo Campo, entered into a
contract for the sale of all 1,000 shares of stock in Fillit
to Defendant Grupo Mundial, by and through Defendant James W.
Adkins.

McLaughlin Cert., EXHIBIT B. James Campo continues

to have operational control of the Site.
23.

James W. Adkins lists himself as the President and CEO of
Defendant

Messengers

of

Peace.
E

Id.,

EXHIBIT

C.

Upon

 BUR-L-002634-18 12/06/2018 10:17:24 AM Pg 10 of 44 Trans ID: LCV20182117901

information and
in

involved

belief, Defendant Messengers of Peace

efforts

redevelop

to

the

site

was

between

approximately 2008 and 2010. Messengers of Peace and James W.
Adkins were assessed Site Remediation Program Cost fees by
the

Department

of

$21,365.81

that

were

never

paid.

Id.,

EXHIBIT D.
24.

In or around March 2012, Fillit leased the site to Jersey
Recycling and Bradley Sirkin for the purpose of operating a
leaf

and

tree

and

soil

recycling

facility

on

the

site.

Bradley Sirkin is a responsible corporate official of Fillit
within the meaning of the SWMA, the VJPCA, the FWPA, and the
FHACA.
25.

On August 14, 2013, Solid [nlaste Compliance and Enforcement
("C&E") Senior Environmental Specialist Mike Lee inspected
the Site in response to a complaint the Department received
regarding illegal disposal of solid waste.
Mike Lee, ("Lee Cert."), ¶ 3.

Certification of

A facility can accept up to

10,000 cubic yards of tree branches, tree limbs, tree trunks,
brush,

and

Department.

wood

chips

without

prior

approval

by

the

Jersey Recycling and Bradley Sirkin did not have

a Solid Waste Facility Permit.

Id. at ¶ 5.

Mr. Lee measured

the total volume of leaves and brush on site to be 15,133
cubic yards, including 3,517 cubic yards of mulch that the
Department

suspected

was

infested
10

with

the

Japanese

pine

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beetle.

Mr. Lee also observed large mixed

Id. at ~ 6, 9.

stockpiles of painted and chemically treated wood, unpainted
and non-chemically treated wood, brush, tree parts, stumps
concrete and asphalt, which Defendants did not have a permit
Mr. Lee also observed a bulldozer

to store. Id. at ¶ 7.

landfilling large pieces of concrete.

Lee determined that in

the area where the bulldozer was operating, the land area had
been elevated approximately 10 feet above the existing grade.
Id. at ¶ 10.
26.

On August 14, 2013, Solid waste C&E issued Jersey Recycling
Services and Bradley Sirkin a Notice of Violation ("NOV") for
engaging in the disposal of solid waste without having a Solid
Waste Facility Permit and/or Recycling Center Approval.

Id.

at ¶ 11.
27.

On

August

29,

2013,

the

Bureau

of

Coastal

and

Land

Use

Compliance and Enforcement (Land Use C&E) and the Bureau of
Water

Compliance

and

Enforcement

joint inspection of the site.

(Water

C&E)

conducted

a

Bradley Sirkin was present

during the inspection and identified himself as the Managing
Director
Palmquist

for

Jersey

Recycling.

("Palmquist

Environmental

Specialist

Cert."),
Michael

Certification
¶

5.

Land

Palmquist

of

Michael

Use

observed

C&E
the

destruction of vegetation and the placement of fill material
within approximately 17,500 square feet of the riparian zone
11

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along the Pennsauken Creek and the destruction of vegetation
and the placement of fill material within approximately 3,000
square feet of a freshwater wetland transition area, all of
which constituted violations of the FWPA and the FHACA.
at ~ 5.

Id.

Mr. Palmquist issued Jersey Recycling and Bradley

Sirkin a Field Notice of Violation ("FNOV") for the riparian
zone violations.
28.

During

Palmquist Cert., EXHIBIT 2.

August

the

Environmental

29,

Specialist

2013

Eileen

inspection,
Kull observed

Water

C&E

evidence of

boundaries in several locations

leachate leaving the site

directly adjacent to the Pennsauken Creek and Palmyra Cove.
Certification of Eileen Kull ("Kull Cert."), ¶ 4.

Water C&E

issued Jersey Recycling Services and .Bradley Sirkin a FNOV
for failure to contain leachate within the site boundaries in
accordance

with

the [nTPCA,

and

directed

Services and Bradley Sirkin to submit a

Jersey

Recycling

written plan for

corrective action to Water C&E within 30 days.

Kull Cert.,

EXHIBIT 1.
29.

On September 13, 2013, Michael Palmquist conducted a followup inspection to determine compliance with the August 29,
2013 FNOV.

During the inspection, Mr. Palmquist observed

some restoration work underway within the riparian zone and
freshwater wetland disturbance areas identified during the
August 29, 2013 site visit. Although Jersey Recycling and
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Bradley Sirkin took initial steps toward corrective action,
they failed to fully restore the disturbed area or obtain a
permit for the disturbances.
30.

On

October

9,

2013,

Eileen

inspection of the site.
where

there

boundaries.

Palmquist Cert., ¶ 6.

was evidence

Kull

conducted

a

follow-up

Ms. Kull observed additional areas
that leachate

Kull Cert., ~ 7.

had left the site

She noted several additional

areas of concern, including evidence of runoff from a large
hill of suspected contaminated soil and evidence of runoff
from a diesel fuel containment area toward Palmyra Cove and
a nearby pond.

Ms. Kull also noted a lack of a tracking pad

or ability to prevent pollutants from leaving the site and
evidence of several breaches in the unestablished embankment
surrounding the site where leachate had entered the nearby
waterways.
31.

Id.

On November 8, 2013, Water C&E issued Jersey Recycling and
Bradley Sirkin a NOV for the
October 9, 2013 inspection.

violations found
Id.,

~ 8.

during the

The NOV directed

Jersey Recycling and Bradley Sirkin to install a tracking pad
at the entrance and exit of the site, to minimize contact of
source materials with stormwater, to submit to DEP a revised
Soil Erosion and Sedimentation Plan, and to submit a Request
for

Authorization

("RFA")

under

existing

NJ0088323 for stormwater discharges.
13

permit

number

The NOV also directed

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Jersey Recycling and Bradley Sirkin to submit an application
for an individual New Jersey Pollutant Discharge Elimination
System ("NJPDES") discharge permit. Kull Cert., EXHIBIT 2.
32.

On

November

26,

investigation

of

2013,
the

Ms.

site

and

Kull

conducted

found

progress

a

follow-up

toward

site

stabilization and runoff controls adjacent to the Pennsauken
Creek,

but

identified

several

still leaving the site.
33.

areas

where

stormwater

was

Kull Cert., ¶ 9.

On December 5, 2013, Michael Palmquist of Land Use C&E used
Geographic

Information

jurisdictional

wetlands

System

(GIS)

boundaries

to

by

compare

verified

georeferencing

the

approved wetlands map and comparing it to aerial photography
Mr. Palmquist thereafter determined that the

of the site.
Defendants

had

cleared

vegetation

and

placed

fill

freshwater wetlands and wetlands transition areas.
Cert., ¶ 7.

within

Palmquist

Based on historical data, the Department also

determined that large areas of the Site that are now land
were formerly tidal and had consisted of large water areas
and meandering creeks.

Palmquist Cert., EXHIBIT 5.

Using

the GIS overlays, Palmquist estimated that approximately 6.2
acres of tideland was now filled area.

Id.

More than half

of the entire Site is located within 500 feet of the mean
high water line and is therefore subject to upland waterfront
development jurisdiction, pursuant to the WDA and N.J.A.C.
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7:7-2.4 (a)(3)(ii)(1)

Id.

Palmquist conducted a site visit

on December 5, 2013, confirming fill within these wetlands,
tidelands, and waterfront areas.
34.

Palmquist Cert., ¶ 7.

On December 11, 2013, the Department met with Bradley Sirkin
in

an

effort

noncompliance

to

globally

issues

at

address

the

various

Site.

The

Department

the

ongoing
made

specific recommendations about how to bring the Site into
compliance.

Following the meeting, the Department sent a

letter to Jersey Recycling highlighting action items and best
management practices that should be implemented at the Site.
Palmquist Cert., ¶ 8; Kull Cert., ~ 11, 12.
35.

An inspection of the Site on May 21, 2014 determined that
Jersey Recycling and Bradle~r Sirkin still had not implemented
the Department's recommendations.

Water C&E therefore issued

the property owner Fillit a NOV for discharging industrial
stormwater to the surface waters of the state without a valid
NJPDES permit, in violation of N.J.A.C. 7:14A-24.7(a)
Cert., EXHIBIT 3.

Kull

The NOV directed Fillit to apply for a

permit and to implement best management practices to minimize
contact of source materials with stormwater.

Kull Cert., ¶

13.
36.

On May 30, 2014, Land Use C&E issued a NOV to Angelo Campo,
Fillit,

Bradley

Sirkin,

and

Jersey

Recycling

for

the

unauthorized disturbances and the placement of fill material
15

 BUR-L-002634-18 12/06/2018 10:17:24 AM Pg 16 of 44 Trans ID: LCV20182117901

within

freshwater

wetlands,

freshwater

wetland

transition

areas, tidal areas, the flood hazard area of the Pennsauken
Creek,

in

and

upland

the

waterfront

development

area.

Palmquist Cert., ~ 9, EXHIBIT 9.
37.

On August 19, 2014, Water C&E conducted an inspection of the
Eileen Kull observed areas of runoff from mulch piles,

Site.
a

violation

of

N.J.A.C.

7:14A

because

-2.1(d)

of

their

proximity to the neighboring waterways, and the lack of a
vegetation
waterways.

buffer

between

in

mulch

the

piles

and

the

Kull issued a FNOV directing the Defendants to

cease stormwater discharges without a valid permit and to
Kull Cert., ~ 15.

install and repair the vegetated berms.
38.

On September 8, 2014, the Department received a letter from
Warren

Carr,

attorney

for

Angelo

informing

Campo,

the

Department that Angelo Campo died on August 7, 2014 and that
Jersey Recycling had been evicted from the Site.
39.

Id., ~ 16.

Jersey Recycling and Bradley Sirkin subsequently vacated the
Site

having

without

complied

with

the

NOVs

or

completing

corrective action by removing the solid waste or resolving
the

wetlands,

violations.

tidelands,

water pollution, or flood hazard

On February 7, 2017 and November 2, 2018, the

Department

conducted

conditions

at

the

inspections

Site.

The

to

observe

Department

the

current

determined

that

unauthorized solid waste, including concrete, brick, asphalt
16

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and

remains

metals

on

the

that

and

site,

the

existing

wetlands, tidelands, flood hazard area, and water pollution
violations remain unresolved. The inspection also revealed
unauthorized stockpiles of asphalt mill tailings at the site.
Palmquist Cert., ~ 10, 11.

FAILURE OF FILLIT CORPORATION AND THE ESTATE OF ANGELO CAMPO TO
COMPLY WITH DEPARTMENT FINAL ORDERS.
40.

Plaintiff incorporates paragraphs 1 - 39 of this Verified
Complaint as if fully set forth, herein.

41.

On January 6, 2011, the Department entered into a Settlement
NEA100001-131975,

Agreement,

Fillit

with

and

Angelo

to

resolve violations of the SWMA.
42.

The Settlement Agreement required Fillit and Angelo Campo to
pay the State $11,015 in civil administrative penalties in
ten

monthly

payments

of

$1,000,

and

an

eleventh

monthly

payment of $1,015, beginning 30 days after execution of the
Settlement Agreement.
43.

Under the Settlement Agreement, if Fillit and Angelo Campo
failed

to

AONOCAPAs,

make
EA

ID

required

the
Nos.

payments,

PEA060002-131975,

the

underlying

PEA070003-131975,

PEA080004-131975, and PEA090002-131975, become Final Orders,
and

the

total

civil

administrative

penalties

assessed

of

$20,000 (minus any amounts already paid), along with costs
17

 BUR-L-002634-18 12/06/2018 10:17:24 AM Pg 18 of 44 Trans ID: LCV20182117901

and

interest

calculated

pursuant

to

R.

4:42,

shall

be

immediately due and owing.
44.

Fillit and Angelo Campo paid a total of $8,000 toward the
agreed-upon

penalty

in

the

Settlement

Agreement.

The

remaining balance has not been paid.
45.

By failing to make the required penalty payments, Fillit and
Angelo Campo (and his heirs, successors and assigns) are in
breach of the Settlement Agreement.

46.

The

combined

amount

of

civil

administrative

penalties

assessed in the four AONOCAPAs ($20,000), less the amount
paid ($8 ,000) , are due and owing, along with accrued interests
and allowable costs.
47.

The Settlement Agreement and AONOCAPAs also directed Fillit
and Angelo Campo to complete corrective actions on the Site,
including. processing

and/or

removing

all

solid

waste

remaining on the site, including trees, tree parts, brush,
and

wood chips, and bringing the material to a recycling

facility approved to accept such materials. Fillit and Angelo
Campo have failed to comply with these requirements of the
Settlement Agreement and AONOCAPAs.
WHEREFORE, Plaintiff demands judgment in its favor:
a.

Finding Fillit and the Estate of Angelo Campo (and their
heirs, successors, and assigns) liable for failing to
comply with the terms of the Settlement Agreement;

 BUR-L-002634-18 12/06/2018 10:17:24 AM Pg 19 of 44 Trans ID: LCV20182117901

b.

Directing Fillit and the Estate of Angelo Campo (and
their heirs, successors and assigns) to pay the balance
of

civil administrative

penalties owed,

plus accrued

interest and allowable costs;
c.

Ordering Fillit and the Estate of Angelo Campo (and their
heirs,

and

successors

assigns)

to

submit

to

the

Department, within 30 days, a plan to process and/or
remove all solid waste remaining on the site and bring
the

material

to

a

recycling

or

disposal

facility

approved to accept such materials;
d.

Ordering Fillit and the Estate of Angelo Campo (and their
heirs, successors and assigns) to comply with the plan
to remove all solid waste from the site within 30 days
of the Department's approval of the plan;

e.

Assessing against Fillit and the Estate of Angelo Campo
(and

their

heirs,

successors and

assigns)

additional

penalties and injunctive relief for violations not set
forth in the Settlement Agreement;
f.

Awarding the Department costs and fees in this action;
and

g.

Awarding

the

Department

deems appropriate.

19

any other

relief

this

court

 BUR-L-002634-18 12/06/2018 10:17:24 AM Pg 20 of 44 Trans ID: LCV20182117901

OPERATING AN ILLEGAL SOLID WASTE FACILITY IN VIOLATION OF
N.J.A.C. 7:26-2.8(e) and N.J.A.C. 7:26-2.8(f) .
48.

Plaintiff incorporates paragraphs 1 - 48 of this Verified
Complaint as if fully set forth, herein.

49.

The SWMA authorizes the court to proceed in a summary manner
for injunctive and other relief for any violation of the SWMA
or of any code, rule, regulation adopted, permit issued, or
order issued pursuant thereto.

50.

Regulations

N.J.S.A. 13:1E-9(d).

pursuant

promulgated

the

to

SV~TMA

prohibit

operation of a solid waste disposal facility and disposal of
solid waste without first obtaining a Solid Waste Facility
N.J.A.C. 7:26-2.8(e)-(f).

Permit from the Department.
51.

N.J.A.C.

7:26A-1.4(a)(3)

whereby recycling

tree

sets

forth

a

regulatory

scheme

branches, tree limbs, tree trunks,

brush, and wood chips derived from tree parts is exempt from
the requirement to obtain a general or limited approval if
processed

material

does

not

exceed

7,500

cubic

yards,

unprocessed materials material does not exceed 7,500 cubic
yards, and the material is not stored on site for more than
one year.
52.

Between January 30,

2007 and August 17,

2009,

Fillit and

Angelo Campo stockpiled more than 7,500 cubic yards of Class
B solid waste, including leaves, trees, tree parts, brush,
20

 BUR-L-002634-18 12/06/2018 10:17:24 AM Pg 21 of 44 Trans ID: LCV20182117901

and wood chips, and stored the material on the Site for more
than one year.
53.

After

Fillit

and

Angelo

Campo

leased

the

Site

to

Jersey

Recycling and Bradley Sirkin, the Site continued exceeding
the regulatory capacity for Class B solid waste and began
stockpiling

Class

C

solid

waste

Department

without

authorization.
54.

During an inspection on August 7, 2013 Department inspector
Mike

observed

Lee

operations,

and

a

bulldozer

observed

large

engaged

mixed

in

landfilling

stockpiles

of

wood,

brush, leaves, tree parts, soil, concrete, and asphalt.

Mr.

Lee also determined that the volume of leaves or comingled
leave

and

brush

15,133 cubic

was

yards,

which exceed

limits for exemption under N.J.A.C. 7:26A-1.4(a)(3)

the

Jersey

Recycling did not have a permit or permit exemption to accept
this material.

As of the Department's most recent inspection

of the site on November 2, 2018, Defendants have failed to
remove the solid waste or otherwise take steps to bring the
site into compliance.
55.

WHEREFORE, Plaintiff demands judgment in its favor:
a.

Finding Defendants in violation of the SWMA and N.J.A. C.
7:26-2.8(e)-(f) for engaging in the disposal of solid
waste

without

a

Solid

Waste

Facility

exemption from the permit requirement;
21

Permit

or

an

 BUR-L-002634-18 12/06/2018 10:17:24 AM Pg 22 of 44 Trans ID: LCV20182117901

b.

Directing Defendants to submit to the Department, within
30 days, a plan to process and/or remove all solid waste
remaining

on

the

Site

and

bring

the

material

to

a

recycling or disposal facility approved to accept such
materials, as authorized by N.J.S.A. 13:1E-9(d);
c.

Directing Defendants to comply with the plan to remove
all solid waste from the Site

within 30 days of the

Department's approval of the plan;
d.

Imposing

upon

$50,000.00
failure

to

per

Defendants
day

for

satisfy

civil
their

their

penalties
repeated

statutory

of

and

and

up

to

ongoing

regulatory

obligations under the SwMA, as authorized by N.J.S.A.

e.

Awarding

Plaintiffs

inspection

which

the

led

to

costs
the

of

investigation

establishment

of

and
the

violation, as authorized by N.J.S.A. 13:1E-9(d)(2);
f.

Awarding Plaintiffs any costs incurred by the State in
removing, correcting or terminating the adverse effects
upon wader and air qualify, as authorized b~ N.J.S.A.

g.

Awarding Plaintiffs compensatory damages for any loss or
destruction

of

wildlife,

fish

or

au~hori2ed by N.J.S.A. 13:1E-9(d)(4);

22

aquatic

life,

a~

 BUR-L-002634-18 12/06/2018 10:17:24 AM Pg 23 of 44 Trans ID: LCV20182117901

h.

Awarding Plaintiffs the reasonable costs of preparing
and litigating the case as is authorized by the SWMA, as
authorized by N.J.S.A. 13:1E-9(d)(2);

i.

Awarding Plaintiffs any other actual damages caused by
Defendants' conduct.
COUNT 3

CAUSING UNPERMITTED INDUSTRIAL STORMWATER DISCHARGES IN
VIOLATION OF N. J.A.C.7:14A-2.1(d) and N.J.A.C. 7:14A-24.2(a)(2) .

56.

Plaintiff incorporates paragraphs 1 - 56 of this Verified
Complaint as if fully set forth, herein.

57.

The WPCA, N.J.S.A. 58:10A-1 et seq., grants the Department
authority

to

regulate

the

discharge

of

pollutants

to

the

surface and ground waters of the State in order to restore,

enhance, and maintain the chemical, physical, and biological
integrity of the waters of the State, protect public health
and safety, protect potable water supplies, safeguard fish
and aquatic life and scenic and ecological values, enhance
the

domestic,

municipal,

recreational,

industrial,

agricultural and other uses of water, and prevent, control,
and abate water pollution.
58.

N.J.A.C.

7:14A-24.2(a)(2)

N.J.A.C. 7:14A-2.1.
requires

a

NJPDES

permit

for

discharges of stormwater associated with industrial activity
from point or nonpoint sources.

23

 BUR-L-002634-18 12/06/2018 10:17:24 AM Pg 24 of 44 Trans ID: LCV20182117901

59.

N.J.A.C. 7:14A-2.1(d) prohibits discharges of any pollutant
except

in

conformity

with

a

valid

NJPDES

permit,

unless

specifically exempted.
60.

Based upon inspections of the Site conducted on August 29,
2013, October 9, 2013, November 26 , 2013, and August 19, 2014 ,
the Department determined that Defendants were discharging
industrial stormwater to surface waters of the State without
a valid NJPDES permit.

61.

To date, Defendants have not implemented stormwater control
measures or obtained a valid NJPDES permit as directed in the
Department's May 21, 2014 and August 19, 2014 NOVs.

62.

WHEREFORE, Plaintiff demands judgment in its favor:
a.

Finding Defendants in violation of the wPCA and N.J.A.C.
7:14A-2.1(d) for discharging pollutants without a valid
NJPDES permit;

b.

Directing Defendants to submit to the Department, within
30 days, a plan to install and repair vegetated berms to
prevent

stormwater

discharges

to

surface

waters

and

implement best management practices to minimize contact
of source materials with stormwater, as authorized by
N.J.S.A. 58:10A-10(c);
c.

Directing Defendants to comply with the stormwater plan
within 30 days of the Department's approval of the plan;

d.

Directing Defendants to submit an application for an
24

 BUR-L-002634-18 12/06/2018 10:17:24 AM Pg 25 of 44 Trans ID: LCV20182117901

individual NJPDES discharge permit;
e.

Imposing

upon

$50,000.00
failure

to

per

civil

Defendants
day

satisfy

for

their

their

penalties
repeated

to

up

ongoing

and

and

statutory

of

regulatory

obligations under the WPCA, as authorized by N.J.S.A.

f.

Imposing upon Defendants penalties in the amount of any
economic

benefits

accruing

to

the

violator

from

a

violation as authorized by N.J.S.A. 58:10A-10(c)(5);
g.

Awarding Plaintiffs the costs of inspection which led to
the establishment of the

violation, as authorized by

N.J.S.A. 58:10A-10(c)(2);

h.

Awarding Plaintiffs any reasonable cost incurred by the
State in removing, correcting or terminating the adverse
effects

upon

water

quality

resulting

from

any

unauthorized discharge of pollutants, as authorized by
N.J.S.A. 58:10A-10(c) (3) ;

i.

Awarding Plaintiffs compensatory damages for any loss or
destruction

of

wildlife,

fish

or

aquatic

life,

as

authorized by N.J.S.A. 58:10A-10(c)(4);

j.

Awarding Plaintiffs the reasonable costs of preparing
and litigating the case as is authorized by the WPCA, as
authorized by N.J.S.A. 58:10A-10(c)(2);

25

 BUR-L-002634-18 12/06/2018 10:17:24 AM Pg 26 of 44 Trans ID: LCV20182117901

k.

Awarding Plaintiffs any other actual damages caused by
Defendants' conduct.

DISTURBANCE OF FRESHWATER WETLANDS WETLAND TRANSITION AREAS IN
VIOLATION OF N.J.A.C. 7:7A-2.2(a) and N.J.A.C. 7:7A-2.6(a).
63.

Plaintiff incorporates paragraphs 1 - 63 of this Verified
Complaint as if fully set forth, herein.

64.

The FWPA, N.J.S.A. 13:9B-1 et seq., declares that wetlands
are an important natural resource in New Jersey because they
protect and preserve drinking water supplies by serving to
water and groundwater resources, provide a

purify surface

natural means of flood and storm damage protection and thereby
prevent the loss of life and property through the absorption
and

of

storage

reduction

of

water

flood

high

runoff

periods

retard

soil

erosion,

during

crests,

and

the

provide

essential breeding, spawning, nesting, and wintering habitats
for

a

major

including

portion

migrating

of

the

birds,

State's

fish

endangered

and

wildlife,

species,

and

commercially and recreationally important wildlife, and that
freshwater wetlands maintain a critical baseflow to surface
waters through the gradual release of stored flood waters and
groundwater, particularly during drought periods.
13:9B-2.

N.J.S.A.

 BUR-L-002634-18 12/06/2018 10:17:24 AM Pg 27 of 44 Trans ID: LCV20182117901

65.

N.J.A.C. 7:7A-2.2(a)(1) requires a permit for the removal,
excavation, disturbance or dredging of soil, sand, gravel, or
aggregate material of any kind within a freshwater wetland.
N.J.A.C.

requires a permit for or dumping,

7:7A-2.2(a)(3)

N.J.A.C.

discharging or filling within a freshwater wetland.

7:7A-2.2(a)(6) requires a permit for the destruction of plant
life which would alter the character of a freshwater wetland.
66.

On

August

removal of
within

29,

the

and

vegetation

approximately

inspectors

Department

2013,

placement

square

3,000

of
of

feet

observed

the

fill material
a

freshwater

wetland transition area.
67.

On December 5, 2013, the Department confirmed that Defendants
had

cleared

wetlands

and

vegetation
additional

placed

and

wetlands

within

fill

freshwater

transition areas

without

Department authorization or a valid permit.
68.

On May 30, 2014, Land Use C&E issued a NOV to Angelo Campo,
Fillit

Corporation,

Sirkin,

Bradley

and

Jersey

Recycling

Services for the unauthorized disturbances and the placement
of fill material within freshwater wetlands and freshwater
The NOV required Defendants to

wetland transition areas.

submit to the Department either a plan to restore the wetlands
to

pre-disturbance

conditions

or

an

application

for

a

freshwater wetlands permit.
69.

As of the Department's last inspection of the site on November
27

 BUR-L-002634-18 12/06/2018 10:17:24 AM Pg 28 of 44 Trans ID: LCV20182117901

2, 2018, Defendants have failed to comply with the NOV or
restore the disturbed areas.
70.

WHEREFORE, Plaintiff demands judgment in its favor:
a.

Finding Defendants in violation of the FWPA and N.J.A.C.
7:7A-2.2 for

the

excavation,

removal,

disturbance

or

dredging of soil, sand, gravel, or aggregate material
within a freshwater wetland and the for destruction of
plant

which

life

alter

would

the

character

of

a

freshwater wetland;
b.

Directing Defendants to submit ~to the Department, within
30 days , a plan for the full restoration of freshwater
wetlands

and

wetland

transition

areas

their

to

pre-

disturbance condition, as authorized by N.J.S.A. 13:9B21(c) ;
c.

Defendants

Directing
restoration

plan

comply

to

within

30

days

with
of

wetlands

the

the

Department's

approval of the plan;
d.

Imposing

upon

$25,000.00
failure

to

per

civil

Defendants
day

satisfy

for

their

their

penalties

of

repeated. and

statutory

and

up

to

ongoing

regulatory

obligations under the FWPCA, as authorized by N.J.S.A.

e.

Awarding Plaintiffs the costs of inspection which led to
the establishment of

the

violation, as authorized by

 BUR-L-002634-18 12/06/2018 10:17:24 AM Pg 29 of 44 Trans ID: LCV20182117901

N.J.S.A. 13:9B-21(c)(2);

f.

Awarding Plaintiffs the reasonable costs incurred by the
removing,

in

State

adverse

upon

effects

transition

the

terminating

any

the

wetland

or

violation,

as

freshwater
from

resulting

area

or

correcting,

authorized by N.J.S.A. 13:9B-21(c)(3);

g.

Awarding Plaintiffs compensatory damages for any loss or
destruction

of

wildlife,

fish

or

aquatic

life,

as

authorized by N.J.S.A. 13:9B-21(c)(4);

h.

Awarding Plaintiffs the reasonable costs of preparing
and litigating the case as is authorized by the FWPA, as
authorized by N.J.S.A. 13:9B-21(c)(2);

i.

Awarding Plaintiffs any other actual damages caused by
Defendants' conduct.

VIOLATIONS OF THE FLOOD HAZARD AREA CONTROL ACT FOR PENNSAUKEN
CREEK AND ITS FLOOD HAZARD AREA, IN VIOLATION OF N.J.A.C. 7:13-

71.

Plaintiff

incorporates

paragraphs 1

-

71 of

this Verified

Complaint as if fully set forth, herein.
72.

The

FHACA,

N.J.S.A.

58:16A-50

et

seq.,

empowers

the

Department to delineate and mark flood hazard areas, adopt
land use regulations for flood hazard areas, control stream
encroachments, and Coordinate effectively the development,

 BUR-L-002634-18 12/06/2018 10:17:24 AM Pg 30 of 44 Trans ID: LCV20182117901

dissemination, and use of information on floods and flood
damages that may be available.
73.

N.J.A.C.

7:13-2.1(a)

prohibits

regulated area without a flood hazard area permit.
alteration

includes

activity

grading

excavation,

and/or

in

regulated. activity

of

Regulated
through

topography

placement

of

a

fill

the

and

clearing, Cutting, and/or removal of vegetation in a riparian
zone.

Regulated

areas

include

the

riparian

zone

along

waterways such as the Pennsauken Creek and flood hazard areas
along waters with a drainage area of 50 acres or greater.
74.

On August 29, 2013, the Department observed the removal of
vegetation

and

the

placement

of

fill

material

within

approximately 17,500 square feet of the riparian zone along
the Pennsauken Creek. Defendants did not have a permit for
this activity, in violation of the FHACA.
75.

On May 30, 2014, after conducting follow-up inspections of
the Site, the Department issued a NOV to Angelo Campo, Fillit
Corporation, Bradley Sirkin, and Jersey Recycling for the
unauthorized disturbances and the placement of fill material
within the flood hazard area of the Pennsauken Creek.

76.

As of the Department's most recent inspection of the site on
November

2,

2018,

the

Pennsauken

Creek

riparian

zone

disturbances have not been returned to their pre-disturbance
condition and the fill material that was placed within the
30

 BUR-L-002634-18 12/06/2018 10:17:24 AM Pg 31 of 44 Trans ID: LCV20182117901

floodway/flood hazard area still remains.

Additionally, the

Defendants have failed to obtain a permit from the Department.
77.

WHEREFORE, Plaintiff demands judgment in its favor:
a.

Finding

Defendants

in

of

violation

FHACA

the

and

N.J.A.C. 7:13-2.1(a), for altering the topography and
placing fill in the riparian zone along the Pennsauken
Creek;
b.

Directing Defendants submit to the Department, within 30
days, a restoration plan for the full restoration of the
flood hazard control area along the Pennsauken Creek to
its pre-disturbance condition, as authorized by N.J.S.A.

c.

Directing Defendants to comply with the restoration plan
within 30 days of the Department's approval of the plan;

d.

Imposing

upon

$25,000.00
failure

to

per

civil

Defendants
day

satisfy

for

their

their

penalties
repeated

statutory

and

of

and

up

to

ongoing

regulatory

obligations under the FHACA, as authorized by N.J.S.A.

e.

Awarding Plaintiffs the costs of inspection which led to
the establishment of the violation, as authorized by
N. J.S.A. 58:16A-63(c)(2) ;

f.

Awarding Plaintiffs the reasonable costs of preparing
and litigating

the case as
31

may be

authorized by the

 BUR-L-002634-18 12/06/2018 10:17:24 AM Pg 32 of 44 Trans ID: LCV20182117901

FHACA, as authorized by N.J.S.A. 58:16A-63(c)(2);

g.

Awarding Plaintiffs compensatory damages for any loss or

limited

natural

of

destruction
to,

wildlife,

resources,
fish,

including

aquatic

life,

but

not

habitat,

plants, or historic or archeological resources, and for
any other actual damages caused by a violation of the
FHACA, as authorized by N.J.S.A. 58:16A-63(c)(4);

h.

Awarding Plaintiffs any other actual damages caused by
Defendants' conduct.

FAILURE TO OBTAIN A TIDELANDS GRANT, LEASE, OR LICENSE FOR 6.2
ACRES OF FILLED TIDELANDS, IN VIOLATION OF N.J.S.A. 12:3-5.

78.

Plaintiff incorporates paragraphs 1 -

78 of this Verified

Complaint as if fully set forth, herein.
79.

The Tidelands Act establishes the rights of the State and
riparian landowners in the lands beneath the waters along the
Delaware River.

N.J.S.A. 12:3-1.

A Tidelands grant, lease,

or license is required for the occupation or use of any State

80.

riparian land.

N.J.S.A. 12:3-5.

On December 5,

2013,

the

Department determined

that large

areas of the Site that were formerly tidal and had consisted
of large water areas and meandering creeks had been filled by
the Defendants without authorization or compensation to the
State.

Using

GIS

overlays,
32

Land

Use

C&E

estimated

that

 BUR-L-002634-18 12/06/2018 10:17:24 AM Pg 33 of 44 Trans ID: LCV20182117901

approximately 6.2 acres of land that was formerly tidal were
filled.
81.

Based on historical data, the Department also determined that
large areas of the Site that are now land were formerly tidal
and had consisted of large water areas and meandering creeks.

82.

On May 30, 2014, the Department issued a NOV to Angelo Campo,
Fillit,

Sirkin,

Bradley

and

Jersey

Recycling

the

for

placement of fill material within State tidelands in the areas
that were once open waters of the Pennsauken Creek without a
Tidelands grant, lease, or license.

As of the date of filing

this Complaint, Defendants have not sought a Tidelands grant,
lease, or license, and as of November 2, 2018, the fill has
not

been

removed

from

the

approximately

6.2

acres

of

tidelands.
83.

WHEREFORE, Plaintiff demands judgment in its favor:
a.

Finding

Defendants

violation

in

the

Tidelands

Act,

N.J.S.A. 12:3-5, for placing fill within State tidelands
in the areas that were once open waters of the Pennsauken
Creek without a Tidelands grant, lease, or license;
b.

Directing Defendants submit to the Department, within 30
days, a restoration plan to return the State tidelands
along

the

Pennsauken

Creek

to

their

pre-disturbance

condition, or in the alternative payment to the State
for a lease for occupation of the 6.2 acres of tidelands;
33

 BUR-L-002634-18 12/06/2018 10:17:24 AM Pg 34 of 44 Trans ID: LCV20182117901

c.

Directing Defendants to comply with the restoration plan
within 30 days of the Department's approval of the plan;

d.

Directing

Defendants

provide

to

compensation

to

the

State for their unauthorized occupation of State lands
pursuant to N.J.S.A. 12:3-6;

e.

Awarding Plaintiffs the costs of inspection which led to
the establishment of the violation;

f.

Awarding Plaintiffs the reasonable costs of preparing
and litigating the case pursuant to N.J.S.A. 12:3-8;

g.

Awarding Plaintiffs compensatory damages for any loss or
destruction of wildlife, fish or aquatic life;

h.

Awarding Plaintiffs any other actual damages caused by
Defendants' conduct.

FAILURE TO OBTAIN A WATERFRONT DEVELOPMENT PERMIT FOR 6.2 ACRES
OF THE SITE THAT HAD BEEN FILLED, IN VIOLATION OF N.J.A.C.

84.

Plaintiff incorporates paragraphs 1 - 84 of this Verified
Complaint as if fully set forth, herein.

85.

The

WDA,

N.J.S.A.

12:5-2,

authorizes

the

Department

to

prevent the encroachment or trespass upon the waterfront of
any

of

the

navigable

waters

of

this

State,

or

upon

the

riparian lands of this State, and authorizes the Department
to Compel the removal of any such encroachment or trespass,
34

 BUR-L-002634-18 12/06/2018 10:17:24 AM Pg 35 of 44 Trans ID: LCV20182117901

and restrain, prevent and remove any construction, erection
or accretion injurious to the flow of any such waters, which
may be detrimental to proper navigation and the maintenance
and improvement of commerce thereon.
86.

N.J.A.C. 7:7-2.4(g) requires a person to obtain a waterfront
permit for

development

filling of

the

any lands formerly

flowed by the tide, if any filling took place after 1914
without

the

Department

issuance
and

of

a

Tidelands

tidelands
Resource

by

instrument
Council

or

the

their

predecessor agencies, even where such lands extend beyond the
landward boundary of the upland area or up to and including
the mean high water line in defined areas.

87.

On

December

5,

2013,

and

the

Department

determined

that

approximately 6.2 acres of the Site that were once open waters
within the mapped tidelands claim area were now filled areas.
More than half of the entire Site is located within 500 feet
of the mean high water line and is therefore subject to upland
waterfront

development

jurisdiction,

pursuant

to

N.J.A.C.

7:7-2.4(a)(3)(ii)(1).
88.

On May 30, 2014, the Department issued a NOV to Angelo Campo,
Fillit,

Bradley

Sirkin,

and

Jersey

Recycling

for

the

unauthorized disturbances and the placement of fill material
within

the

waterfront

development
35

area,

in

violation

of

 BUR-L-002634-18 12/06/2018 10:17:24 AM Pg 36 of 44 Trans ID: LCV20182117901

N. J.A.C. 7:7-2.4(g) .
89.

As of the date of filing this Complaint, Defendants have not
sought a [nTaterf rout Development permit and have not removed
the

fill

from

the

approximately

6.2

acres

within

the

waterfront development area.
90.

WHEREFORE, Plaintiff demands judgment in its favor:
a.

Finding Defendants in violation of the WDA and N.J.A.C.
7:7-2.4(g)

for

placement

of

the
fill

unauthorized
material

disturbances

within

and

the

waterfront

the

development area;
b.

Directing Defendants to submit an application to the
secure the required Tidelands grant, lease or license
for the affected area and to pay the requisite costs of
such grant, lease or license, as authorized by N.J.S.A.
12:5-6(d) ;

c.

Imposing

upon

$25,000.00
failure

to

per

Defendants
day

for

civil
their

their

satisfy

obligations under the

penalties
repeated

statutory

and

of

and

up

to

ongoing

regulatory

WDA, as authorized by N.J.S.A.

12:5-6(f);
d.

Awarding Plaintiffs the costs of inspection which led to
the establishment of the violation, as authorized by
N.J.S.A. 12:5-6(d)(2) ;

~~

 BUR-L-002634-18 12/06/2018 10:17:24 AM Pg 37 of 44 Trans ID: LCV20182117901

e.

Awarding Plaintiffs the reasonable costs of preparing
and litigating the case as may be authorized by the WDA,
as authorized by N.J.S.A. 12:5-6(d)(2);

f.

Awarding Plaintiffs compensatory damages for any loss or
of

destruction
limited

to,

natural

wildlife,

resources,
fish,

including

aquatic

life,

but

not

habitat,

plants, or historic or archeological resources, and for
any other actual damages caused by violation of the wDA,
as authorized by N.J.S.A. 12:5-6(d)(4);
g.

Awarding Plaintiffs any other actual damages caused by
Defendants' conduct.
PRAYER FOR RELIEF

WHEREAS,
Defendants

Plaintiff

jointly

and

respectfully requests
severally

liable

an Order finding

for

violations

the

described in Counts 1 through 7 of the Verified Complaint, and
WHEREAS, Plaintiff respectfully requests an Order from this
Court directing Defendants to remove all illegal solid waste from
the

site,

concrete,

including
asphalt,

trees,
ash,

tree parts,

and

brush, and

contaminated

soils

wood chips,

and

bring

the

material to an recycling or disposal facility approved to accept
such materials, and
WHEREAS, Plaintiff respectfully requests an Order from this
Court directing Defendants to cease stormwater discharges without
a valid permit, install and repair vegetated berms, implement best
37

 BUR-L-002634-18 12/06/2018 10:17:24 AM Pg 38 of 44 Trans ID: LCV20182117901

management practices to minimize contact of source materials with
stormwater, submit a revised Soil Erosion and Sedimentation Plan
to

the

Burlington

County

Soil

Conservation

District

and

the

Department, submit an RFA under existing permit number NJ0088323
for

stormwater

discharges,

and

submit

an

application

for

an

individual NJPDES discharge permit, and
WHEREAS, Plaintiff respectfully requests an Order from this
Court

directing

Defendants

to

submit

to

the

Department

a

Restoration Plan for the full restoration of freshwater wetlands
and wetland transition areas and full restoration of the flood
hazard areas and tidelands areas along the Pennsauken Creek to
their pre-disturbance condition, and
WHEREAS, Plaintiff respectfully requests an Order from this
Court directing Defendants to submit and application to secure the
required Tidelands grant, lease or license for the affected 6.2
acre area, and
WHEREAS, Plaintiff respectfully requests an Order from this
court imposing appropriate civil penalties as authorized by the
wPCA,

SwMA,

FWPA,

FHACA,

and

WDA,

respectively,

jointly

and

severally as to each Defendant for each day of the Defendants'
violations of the statutes and regulations referenced herein, and
WHEREAS, Plaintiff respectfully requests this court to award
to

the

Department

the

costs

of

inspection

which

led

to

the

establishment of the violation, the reasonable costs of preparing

 BUR-L-002634-18 12/06/2018 10:17:24 AM Pg 39 of 44 Trans ID: LCV20182117901

and litigating this case, compensatory damages for any loss or
destruction of wildlife, fish or aquatic life, and for any other
actual damages caused by Defendants' conduct, and
WHEREAS, Plaintiff respectfully requests that the Court order

any additional relief against the Defendants as the Court may deem
just and proper.

RESPECTFULLY SUBMITTED,
GURBIR S. GREWAL
ATTORNEY GENERAL OF NEV~T JERSEY

By.
Robert J. Kinney
Candice McLaughlin
Deputy Attorneys General

~
~

 BUR-L-002634-18 12/06/2018 10:17:24 AM Pg 40 of 44 Trans ID: LCV20182117901

CERTIFICATION PURSUANT TO R. 4:5-1
I hereby certify that I am a Deputy Attorney General assigned
to prosecute this matter and am counsel of record for the within
matter. I am designated trial counsel pursuant to R. 4:5-1(c)
relevant

parties

CORPORATION

D/B/A

are

JERSEY

FILLIT

RECYCLING

LLC;

SERVICES,

SAND AND GRAVEL; GRUPO

The

FILLIT

MUNDIAL BALBOA

INTERNACIONAL S.A.; MESSENGERS OF PEACE DEVELOPMENT CORPORATION;
ESTATE OF ANGELO
Angelo

Campo;

CAMPO;

BRADLEY

individually; and

the

JAMES

SIRKIN,

CAMPO,

as

Executor

individually;

Department.

I

am

of

JAMES

not aware

of

Estate
W.

ADKINS,

any other

parties who should be joined in this litigation.

GURBIR S. GREWAL
ATTORNEY GENERAL OF NEW JERSEY

B y.

~~
Robert J. Kinney
Deputy Attorney General

DATE: /2-/~/~~'~

1

of

 BUR-L-002634-18 12/06/2018 10:17:24 AM Pg 41 of 44 Trans ID: LCV20182117901

CERTIFICATION PURSUANT TO R. 4:5-1

I

hereby

certify

that

I

am

Deputy

a

Attorney

General

assigned to prosecute this matter and am counsel of record for
the within matter. I am designated trial counsel pursuant to R.
4:5-1(c)
LLC,

The

Fillit

Mundial

relevant

Corporation

are

parties

Fillit

D/B/A/

International,

Balboa

Jersey

S.A.,

Sand

Recycling
and

Services,

Gravel,

Messengers

of

Grupo
Peace

Development Corporation, Estate of Angelo Campo, James Campo, as
Executor

of

Estate

of

Angelo

Campo,

Bradley

Sirkin,

individually, James Adkins, individually, and the Department of
Environmental Protection. I am not aware of any other parties
who should be joined in this litigation.

GURBIR S. GREWAL
ATTORNEY GENERAL OF NEW JERSEY

f

By:

Candice McLaughlin
Deputy Attorney General
DATE: ~ 2 S Z(~ ~ b

1

 BUR-L-002634-18 12/06/2018 10:17:24 AM Pg 42 of 44 Trans ID: LCV20182117901

No. 2897

Dec. 5. 2018 3:3bPM

P. 2

vERZFicxTzoN
Eileen dull, by wad o~ certification, states that:
1.

I ha~r~ read the V'e~i~ied Complaint.

2.

I Gerti~y that the factual allegations parag~ap~.s 28, 30, 31,
32, 35, 37 and 38 aye true and coxrect.

~.

I a.m aware

.hat if the ~oxegoing statemen~.s made by me axe

~rillfully false, I mad be s~b~ec~ to punishment.

~y
Aileen K~11
Environmental Specia].%s~
New Jersey Department of En~rironmental Protection

 BUR-L-002634-18 12/06/2018 10:17:24 AM Pg 43 of 44 Trans ID: LCV20182117901

VERIFICATION
Mike Lee, by way of certif~ieation, states that:
1.

I have read the Verified Complaint.

2,

I ~certify that the factual allegations paragraphs 25 and 26
are true and correct.

3.

I am aware that if the foregoing statements made by me are
willfully-~al~ I may be

ubject to punishment.

i
.
,
`-~'
Mike Le
Specialist
nvironmental
Senior
New Je ey Department of Environmental Protection

'

 BUR-L-002634-18 12/06/2018 10:17:24 AM Pg 44 of 44 Trans ID: LCV20182117901

VERIFICATION

MiGhaEl Palmquist, by way of certification, states that:
1.

I l~~ve read the ~Terified Complaint.

2.

I certify that the factual allec~ati~r~s paragraphs 27, 29, 33,
34, 36 and 39 are true and correct.

3.

I ~tYl aware that if ~~he foregoing statements made by me are
willfully false, T may be subject to punishment.
~~~.
M,~'cha~`l
mquist
Environmental Specialist
New Jersey Department of Environmental Protection