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GURBIR S. GREWAL
ATTORNEY GENERAL OF NEW JERSEY
Richard J. Hughes Justice Complex
25 Market Street
PO Box 093
Trenton, NJ 08625-0093
Attorney for Plaintiffs
By: Louis G. Karagias
Deputy Attorney General
Attorney ID: 002431984
(609)376-2735
Louis.Karaaias@law.n~oaa.aov

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

NEW JERSEY DEPARTMENT OF ENVIRONMENTAL
PROTECTION;
THE COMMISSIONER OF THE
NEW JERSEY DEPARTMENT OF ENVIRONMENTAL
PROTECTION; and THE ADMINISTRATOR OF
THE
NEW JERSEY SPILL COMPENSATION
FUND,

Civil Action
COMPLAINT
Jury Trial Demand

Plaintiffs,
v.
SL INDUSTRIES, INC.;"JOHN DOES" 1
Fictitious);"ABC
through 10 (Names
(Names
1-10
CORPORATIONS"
Fictitious),

Plaintiffs New Jersey Department of Environmental Protection
("DEP"),

the

Commissioner

of

the

New

Jersey

Department

of

Environmental Protection ("Commissioner"), and the Administrator
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the

of

New

their

having

"Plaintiffs"),

("Administrator")(collectively,

Fund

Compensation

Spill

Jersey

principal offices at 401 East State Street in the City of Trenton,
County

of

Mercer,

State

of

New

by

Jersey,

and

through

their

attorney file this Complaint against the above-named Defendant,
and allege as follows:

STATEMENT OF THE CASE
1.

The Plaintiffs bring this civil action pursuant to the Spill
Compensation

and

Control

Act

("the

Act"),

Spill

N.J.S.A.

58:10-23.11 through -23.24, the Water Pollution Control Act
(the "WPCA"), N.J.S.A. 58:10A-1 through -35, and the common
law, for reimbursement of the costs and damages they have
incurred, and will incur, at the Puchack Wellfield site, a
former public water supply serving the City of Camden, as the
result of the discharge of hazardous substances at the SGL
Modern

Hard

Chrome

property

located

at

482

Cove

Road,

Pennsauken Township, Camden County, New Jersey, being also
known and designated as Block 109, Lot 5B on the tax map of
Pennsauken

Township,

Camden

County,

New

Jersey

("SGL

Property"). The SGL Property is an abandoned nickel and chrome
plating facility.

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The costs and damages the Plaintiffs seek include the damages
they have incurred, and will incur, for any natural resource
of

State

this

discharge

of
the

Further,

that

been,

has

or

seek

Plaintiffs

SGL

the

at

substances

hazardous

injured

be,

may

the

Property.
the

compelling

order

an

by

Defendant to perform, under DEP's oversight, or to fund DEP's
performance of, any further assessment and restoration of any
resource

natural

that

been,

has

may

or

injured

be,

by

discharge of hazardous substances at the SGL Property, and to
compensate the citizens of New Jersey for the lost value of
any injured natural resource.
2.

SGL Property operations involved plating substrates with hard
chromium

or

approximately
chromium

from

other

finishes.

September
the

1981,

From

at

process

operations

plating

1969

least
wastes
were

until

containing

discharged

to

unlined drainage ditches that led to unlined seepage pits at
the SGL Property. Chemicals for plant operations were stored
in 14 tanks; 10 tanks for chromium chemicals and 4 tanks for
nickel

chemicals.

rinses

Solvent

were

also

used

in

the

process. Approximately 9,000 gallons per day of wastewater
from

nickel

and

chrome

plating

operations

and

solvent

cleaning were discharged, either directly to the soil or to

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two underground septic tanks via unlined trenches. Overflow
from the septic tanks flowed northwest toward the wooded area
behind the main building or toward the railroad tracks behind
an adjacent property. The SGL Property never connected to the
sanitary sewer system so they did not discharge process wastes
to the sewer.

THE PARTIES
3.

Plaintiff DEP is a principal department within the Executive
Branch of the State government, vested with the authority to
conserve

and

protect

natural

resources,

protect

the

environment, prevent pollution, and protect the public health
and safety.
4.

N.J.S.A. 13:1D-9.

In addition, the State is the trustee, for the benefit of its
citizens, of all natural resources within its jurisdiction,
for which DEP is vested with the authority to protect this
public trust and to seek compensation for any injury to the
natural resources of this State.

5.

N.J.S.A. 58:10-23.11a.

The Commissioner is the Commissioner of DEP,

N.J.S.A. 58:10A-

3, and is vested by law with various powers and authority,
including

those

conferred

by

N.J.S.A. 13:1D-1 through -19.

0

DEP's

enabling

legislation,

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6.

Plaintiff Administrator is the chief executive officer of the
New

Spill

Jersey

Compensation

N.J.S.A. 58:10-23.11j.

Spill

("the

Fund

Fund").

As chief executive officer of the

Spill Fund, the Administrator is authorized to approve and
pay

any

and

cleanup

removal

costs

DEP

plaintiff

incurs,

N.J.S.A. 58:10-23.11f.c. and d., and to certify the amount of
any claim to be paid from the Spill Fund, N.J.S.A. 58:1023.11j.d.

7.

Defendant SL Industries, Inc. is a corporation, organized
under the laws of the State of Delaware, with a principal
place of business located at 520 Fellowship Road, Suite A114, Mount Laurel, New Jersey.

8.

Corporations"

"ABC

Defendants
fictitious,

are

entities

with

these

1-10,

identities

names

that

being

cannot

be

ascertained as of the filing of this Complaint, certain of
which are corporate successors to, predecessors of, or are
otherwise

related

to,

defendant SL Industries,

and/or are

other dischargers and/or persons "in any way responsible" for
the

hazardous

otherwise

substances

responsible

discharged

the

for

alleged in this Complaint.

5

at

the

discharges

Site,

and

or

are

violations

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9.

Defendants John Does 1-10, these names being fictitious, are
individuals whose identities cannot be ascertained as of the
filing

of

this

of

certain

Complaint,

whom

are

partners,

officers, directors, and/or responsible corporate officials
of,

or

otherwise

are

related

to,

defendant

SL

Industries

and/or one or more of the ABC Corporation defendants, and/or
are other dischargers and/or persons "in any way responsible"
for the hazardous substances discharged at the Site, or are
the

for

responsible

otherwise

and

discharges

violations

alleged in this Complaint.

NATURAL RESOURCES
10.

The "natural resources" of this State are all land, fish,
shellfish,
resources

wildlife,

biota,

managed,

owned,

air,

in

held

and

water

trust

or

such

other

otherwise

controlled by the State. N.J.S.A. 58:10-23.11b.
11.

The natural resources of this State include the "waters of
the

State,"

springs,

which

streams

the

ocean

bodies

of

are

and

and

its

surface

or

estuaries,
ground

all

water,

whether natural or artificial, within the boundaries of this
State or subject to its jurisdiction.

D

N.J.S.A. 58:10A-3t.

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12.

The natural resources of this State, including the waters of
the State, have been injured at the Puchack Wellfield site as
a result of the discharge of hazardous substances.

AFFECTED NATURAL RESOURCE
Ground water
13.

Ground water is an extremely important natural resource for
the people of New Jersey, supplying more than 900 million
gallons of water per day, which provides more than half of
New Jersey's population with drinking water.

14.

Not only does ground water serve as a source of potable water,
it also serves as an integral part of the State's ecosystem.

15.

Ground water provides base flow to streams and other surface
water

bodies,

and

influences

surface

water

quality

and

wetland ecology and the health of aquatic ecosystems.
16.

Ground water provides cycling and nutrient movement, prevents
saltwater intrusion, provides ground stabilization, prevents
sinkholes, and provides maintenance of critical water levels
in freshwater wetlands.

17.

Ground water is a unique resource that supports the State's
tourism industry, and is also used for commercial, industrial

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and

agricultural purposes,

of

all

which

help

sustain the

State's economy.
18.

There are thousands of sites in New Jersey confirmed as having
ground water contaminated with hazardous substances.

GENERAL ALLEGATIONS

19.

The Puchack Wellfield consists of six municipal supply wells
that

are

owned,

and

prior

to

being

shut

down

because of

discharges at the SGL Property were operated by, the City of
Camden. The Puchack Wellfield is defined by the location of
groundwater that contains concentrations of chromium greater
than DEP's groundwater quality standard for total chromium,
which

is

70

parts

per

billion.

The

chromium-contaminated

groundwater is situated in an area roughly bounded to the
north by Route 90, to the east by Westfield Avenue, to the
south by Cove Road, and to the west by the Conrail railroad
track,
which

(collectively, "Puchack Wellfield Superfund Site"),
plaintiff

DEP

has

designated

as

Site

Remediation

Program Interest No. 6000005490. The SGL Property and all
other areas where any hazardous substance discharged there
has become located, including without limitation the Puchack
Wellfield Superfund Site, are herein collectively referred to
as the "Site."

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20.

The

Site

residential

is

located

in

neighborhood

a
of

industrial

commercial,
Pennsauken

Township,

and

Camden

County, New Jersey. The Site is surrounded by residences,
schools,

churches,

commercial

buildings,

industrial

development and two cemeteries.
21.

The SGL Property consists of an abandoned one-story building
on an approximately one-acre lot and is located 4,000 feet
southwest of the Puchack Wellfield. The SGL Property is an
inactive nickel and chrome plating facility.

22.

The Defendant is the current owner of the SGL Property.

23.

The Defendant or its predecessors owned the SGL Property since
on or about January 15, 1969.

24.

SL Surface Technologies, Inc., or its predecessors, conducted
metal plating operations at the SGL Property from 1962 to
1985, which operations involved plating substrates with hard
chromium and other finishes.

25.

From approximately November 1962 to on or about January 15,
1969, Du-Mor Hard Chrome Company, Inc. ("Du-Mor") conducted
metal plating operations at the SGL Property.

26.

On or about January 15, 1969, G-L Industries, Inc., purchased
100% of the stock in Du-Mor, and Du-Mor became a wholly owned
subsidiary of G-L Industries, Inc.

E

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27.

On or about January 15, 1969, Gamma Properties, Inc., another
wholly owned

subsidiary of

G-L Industries,

Inc.,

obtained

title to the SGL Property.
28.

From approximately January 15, 1969 to August 1, 1972, Du-

Mor,

a

wholly

continued

owned

subsidiary

of

G-L

Industries,

Inc.,

to conduct metal plating operations at the

SGL

Property.
29.

In or about December 1970, G-L Industries, Inc. changed its
name to SGL Industries, Inc.

30.

On or about August 1, 1972, Du-Mor was merged into Modern

Hard Chrome Service Company, a wholly owned subsidiary of SGL
Industries, Inc.
31.

On or about August 1, 1972 through some date in 1973, Modern

Hard

Chrome

Service

Company

conducted

metal

plating

operations at the SGL Property.
32.

In or about 1973, SGL Industries, Inc. merged Modern Hard

Chrome

Service

Company

and

an

operating

division

of

SGL

Industries, Inc. named Du-Mor Hard Chrome Division, to create
an operating division of SGL Industries, Inc. named SGL Modern

Hard Chrome Service.

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33.

In or about 1973 to on or about October 1, 1984, SGL Modern
Hard Chrome Service conducted metal plating operations at the
SGL Property.

34.

In or about September 1984, SGL Industries, Inc. changed its
name to SL Industries, Inc.

35.

On or about October 1, 1984, SGL Modern Hard Chrome Service
changed its name to SL Modern Hard Chrome, and remained a
division of SL Industries, Inc.

36.

From on or about October 1, 1984, until in or about January
1985,

SL

Modern

conducted

Chrome

Hard

metal

plating

operations at the SGL Property.
37.

On

or

about

January

10,

1985,

the

Defendant

filed

a

certificate of incorporation for SL Modern Hard Chrome in the
State of New Jersey creating a wholly owned subsidiary of the
Defendant called SL Modern Hard Chrome, Inc.
38.

On or about December 6, 1996, SL Modern Hard Chrome, Inc.
changed its name to SL Surface Technologies, Inc., a former
subsidiary of the Defendant.

39.

The Defendant SL Industries is the successor by merger to
Gamma

Properties,

Inc.,

which

obtained

Property on or about January 15, 1969.

11

title

to

the

SGL

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40.

On June 1, 2016, Handy & Harman, Ltd., a Delaware Corporation,
purchased all of the outstanding stock of the Defendant, and

the Defendant became a wholly owned subsidiary of Handy &
Harman, Ltd.

Groundwater Contamination at the Site
41.

From

least

at

process

1969

wastewaters

operations at the

until

September

approximately

containing

chromium

SGL Property were

from

the

1981,

plating

discharged to unlined

drainage ditches leading to unlined seepage pits at the SGL
Property.
42.

Groundwater contamination consisting of trichloroethene, l,ldichloroethene,

tetrachloroethene,

and

chromium

was

first

detected at the Site in the early 1970s. Further sampling
indicated the presence of hexavalent chromium and trivalent
chromium

at

concentrations

above

the

United

States

Environmental Protection Agency's maximum contaminant level.
43.

In 1975, a well at the Puchack Wellfield was removed from
service due to chromium contamination.

44.

Between 1978 through 1982, additional wells at the Puchack
Wellfield were impacted by chromium contamination.

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45.

In 1984, general use of the Puchack Wellfield was terminated,
with the exception of one well that continued pumping.

46.

DEP allowed the continued controlled pumping of that well to
contain, and stop from spreading, the groundwater contaminant
plume . The well discharged to the Puchack Creek or was blended
with

the

water

Camden

of

City

supply.

The

was

pumping

discontinued in 1998.

Spill Act Directives
47.

On

October

31,

("Directive")

to

1991,
the

DEP

a

issued

Defendant,

and

Spill

Act

others,

directive

pursuant

to

N.J.S.A. 58:10-23.llf.a., directing the Defendant to fund and
maintain a potable water treatment system at the Site.
48.

On May 7, 1992, DEP issued Supplemental Directive No. 1 to
the Defendant, and others, to provide additional funding for
a potable water treatment system at the Site.

49.

On October 18, .1995, DEP issued Supplemental Directive No. 2
to the Defendant, and others, to provide additional funding
for

a

pre-remedial

investigation,

the

development

of

a

groundwater flow model and the, construction a potable water
treatment system at the Site.

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50.

On May 21, 1996, DEP issued Supplemental Directive No. 3,
dated May 17, 1996, to the Defendant, and others, to provide
additional funding for phase II remedial investigation work,
including the installation and sampling of twelve monitoring
wells.

51.

On June 5, 1996, the Defendant informed DEP that they were
unwilling

to

the

with

comply

May

1996

17,

Supplemental

Directive no. 3.

The National Priorities List
52.

In

1997,

the

States

United

Geological

Survey ("USGS"),

in

cooperation with DEP, initiated a field investigation of the
groundwater contamination in the Pennsauken Township area.
53.

Based on sampling results from the USGS investigation, total
chromium

groundwater

contamination

detected

was

in

the

aquifer at levels up to 10,250 parts per billion ("ppb").
DEP's

groundwater

quality

standard

for

total

chromium

contamination is 70 ppb.
54.

The Site was placed on the National Priorities List ("NPL")
by

the

United

States

Environmental

Protection

Agency

("USEPA") on March 6, 1998. The NPL is a list of hazardous
discharge

sites

posing

the

14

greatest

threat

to

health,

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welfare, and the environment, and was established pursuant to
Section

of

5

the

Comprehensive

Environmental

Response,

Compensation-, and Liability Act of 1980, 42 U.S.C. ~ 9605.
55.

Because

of

the

contamination,
units ("OU")
chromium

size

of

the

Site

and

nature

of

the

USEPA separated the Site into two operable

OUl addresses the investigation and cleanup of

contaminated

groundwater.

OU2

the

addresses

investigation and cleanup of soil source areas that pose a
continued threat of chromium contamination to groundwater.
56.

The USEPA completed its Remedial Investigation/Feasibility
Study ("RI/FS") of OU1 on September 28, 2006.

57.

The USEPA issued a Record of Decision for OUl ("OUl ROD") on
September 28, 2006. The OU1 ROD sets forth the remedy selected
for

groundwater

chromium-contaminated

at

the

Site,

which

consists of in-situ treatment of the groundwater-contaminant
plume

geochemical

using

monitored

fixation,

natural

attenuation and institutional controls to restrict the use of
groundwater within the area until the aquifer is restored.
58.

USEPA

concluded

releases

of

in

the

hazardous

OUl ROD

that

substances

actual or

from

the

threatened

Site,

if

not

addressed by implementing the response action selected in the

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ROD, may present an imminent and substantial endangerment to
the public health, welfare or the environment.
59.

The

USEPA

the

completed

remedial

design

for

the

remedy

selected in the OUl ROD on April 7, 2011.

60.

The USEPA began the remedial action for the remedy selected
in the OUl ROD on December 5, 2011.

61.

The USEPA issued a Record of Decision for OU2 ("OU2 ROD") on
September 26, 2011. The OU2 ROD sets forth the remedy selected

for the soil source areas, which consists of in situ or ex
situ

geochemical

soils,

of

fixation

post-remediation

hexavalent

sampling

and

chromium

in

restoration,

the
and

groundwater sampling and analysis.
62.

On April 29, 2013, in the United States District Court for

Jersey,

the District of New

the Defendant entered into a

Remedial Design/Remedial Action Consent Decree with USEPA in
the matter of United States of America v. SL Industries, Inc.
and SL Surface Technologies, Inc., Civil Action No. 13-1690
(JBS/KMW), ("2013 Consent Decree").
63.

The

2013

defendants,

Consent

provides

Decree

including

the

Defendant,

that

the

settling

pay $10,704,583 plus

interest, payable in five installments, to reimburse USEPA
for past costs incurred at the Site, pay USEPA's future costs

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at the Site and perform the remedial action selected in the
OU2 ROD for the Site.
64.

Under the 2013 Consent Decree, the Plaintiffs did not receive
reimbursement of DEP's past or future cleanup and removal
costs,

nor

did

Plaintiffs

recover

any

damages

they

have

incurred, and will incur, for any natural resource of this
State that has been, or may be, injured as a result of the
discharge of hazardous substances at the Site.

FIRST COUNT
Spill Act
65.

The Plaintiffs repeat each allegation of paragraph nos. 1
through 64 above as though fully set forth in its entirety
herein.

66.

The SGL Property includes a building and pipes, ditches, and
pits from which process wastewater containing chromium was
discharged into the environment and is a site at which process
wastewater containing chromium was disposed of or deposited.

67.

The Defendant is a "person" within the meaning of N.J.S.A.
58:10-23.11b.

68.

Except

as .otherwise

provided

in

N.J.S.A.

58:10-23.118.12,

which is not applicable here, any person who discharges a

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hazardous substance, or is in any way responsible for any
hazardous

substance

that

is

discharged,

shall

be

liable,

jointly and severally, without regard to fault for all cleanup
and removal costs no matter by whom incurred.

N.J.S.A. 58:10-

23.118.(C).
69.

Except as otherwise exempted under N.J.S.A. 58:10-23.118.12,
which exemptions are not applicable here, the discharge of
hazardous substances is a violation of the Spill Act, for
which the discharger or person in any way responsible for the
discharged hazardous substance, is strictly liable, jointly
and severally,

without regard

to fault.

N.J.S.A.

58:10-

23.11g.c.(1) .
70.

Failure to comply with a Directive issued by DEP pursuant to
the Spill Act subjects the non-complying party to liability,
jointly and severally, without regard to fault, in an amount
up to three times the cleanup and removal costs and damages,
including lost value and reasonable assessment costs, that
DEP and the Administrator have incurred, or will incur, to
assess, mitigate, restore, or replace, any natural resource
of this State that has been, or may be, injured as a result
of the discharge of hazardous substances.
23.11f.a(1).

~:3

N.J.S.A. 58:10-

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71.

DEP has incurred, and may continue to incur, costs at the
Site as a result of the discharge of hazardous substances at
the SGL Property.

72.

The Administrator has certified, and may continue to certify,
for

payment,

concerning

the

valid

claims

Site,

and,

made

against

further,

has

the

Spill

approved,

Fund

and

may

continue to approve, other appropriations for~the Site.
73.

DEP and Administrator also have incurred, and will continue
to

incur,

costs

and

damages,

including

lost

value

and

reasonable assessment costs, for any natural resource of this
State that has been, or may be, injured as a result of the
discharge of hazardous substances at the SGL Property.
74.

The costs and damages DEP and the Administrator have incurred,
and will incur, for the Site are "cleanup and removal costs"
within the meaning of N.J.S.A. 58:10-23.11b.

75.

The Defendant, as the owner of the SGL Property at the time
hazardous

substances

were

discharged

there,

and/or

as

successors to the owners of the SGL Property at the time
hazardous substances were discharged there, is a person in
any way responsible for the discharged hazardous substances,
and is liable, jointly and severally, without regard to fault,
for all cleanup and removal costs and damages at the Site,

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including lost value and reasonable assessment costs, that
DEP and the Administrator have incurred, and will incur at
the

Site,

to

assess,

mitigate,

restore,

or

replace,

any

natural resource of this State that has been, or may be,
injured as a result of the discharge of hazardous substances
at the SGL Property.
76.

The

N.J.S.A. 58:10-23.11g.c.(1).

Defendant, as the current owner of the SGL Property, at

which hazardous substances were previously discharged, who
knew or should have known of the discharges, is a person in
any way responsible for the discharged hazardous substances,
and is liable, jointly and severally, without regard to fault,
for all cleanup and removal costs and damages at the Site,
including lost value and reasonable assessment costs, that
DEP and Administrator have incurred, and will incur at the
Site, to assess, mitigate, restore, or replace, any natural
resource of this State that has been, or may be, injured as
SGL
a result of the discharge of hazardous substances at the
Property.
77.

N.J.S.A. 58:10-23.11g.c.(3).

The Defendant, by not complying with the October 31, 1991
Directive, the May 7, 1992 Supplemental Directive No. 1, the
October 18, 1995 Supplemental Directive No. 2 and the May 17,
1996

Supplemental

Directive

20

No.

3,

is

strictly

liable,

 CAM-L-004572-18 12/06/2018 9:31:42 AM Pg 21 of 37 Trans ID: LCV20182117069

jointly and severally, in an amount up to three times the
cleanup and removal costs and damages, including lost value
and reasonable assessment costs, that DEP and Administrator
have incurred, and will incur, to assess, mitigate, restore,
or replace, any natural resource of this State that has been,
or may be, injured as a result of the discharge of hazardous
substances at the SGL Property. N.J.S.A. 58:10-23.11.f.a(1).
78.

Pursuant

to

N.J.S.A.

58:10-23.11u.a.(1)(a)

and

N.J.S.A.

58:10 - 23.1lu. b., DEP may bring an action in the Superior Court
for injunctive relief, N.J.S.A. 58:10-23.11u.b.(1); for its

unreimbursed

investigation,

cleanup

and

costs,

removal

including the reasonable costs of preparing and successfully
litigating the action, N.J.S.A. 58:10-23.11u.b.(2); natural

resource

restoration

replacement

and

costs,

N.J.S.A.

58:10-23.11u.b.(4); and for any other unreimbursed costs or
damages

DEP

incurs

under

the

Spill

Act,

N.J.S.A.

58:10-

23.11u.b.(5) .
79.

Pursuant

to

N.J.S.A.

58:10-23.11q.,

the

Administrator

is

authorized to bring an action in the Superior Court for any
unreimbursed costs or damages paid from the Spill Fund.

21

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WHEREFORE, Plaintiffs pray that this Court:

a.

Order the Defendant to reimburse Plaintiffs, jointly and
severally, without regard to fault, for all cleanup and
removal costs and damages Plaintiffs have incurred at
the

Site,

lost

including

value

of,

and

reasonable

assessment costs for, any natural resource of this State
injured

as

substances

a

result

at

the

of
SGL

the

discharge

Property,

of

hazardous

with

applicable

the

Defendant,

interest;
b.

Enter

declaratory

judgment

against

jointly and severally, without regard to fault, for all
cleanup and removal costs and damages Plaintiffs may
incur

at

the

Site,

including

lost

value

of,

and

reasonable assessment costs for, any natural resource of
this

State

injured

as a

result

of

the

discharge

of

hazardous substances at the SGL Property;
c.

Order the Defendant to reimburse the Plaintiffs, jointly
and severally, without regard to fault, in an amount
equal to three times the cleanup and removal costs the
Plaintiffs have incurred for the Site;

d.

Enter

declaratory

judgment

against

the

Defendant,

jointly and severally, without regard to fault, in an

22

 CAM-L-004572-18 12/06/2018 9:31:42 AM Pg 23 of 37 Trans ID: LCV20182117069

amount equal to three times any cleanup and removal costs
that Plaintiffs will incur for the Site;
e.

Enter

judgment

severally,

against

without

the

regard

to

jointly

and

compelling

the

Defendant,
fault,

Defendant to perform, under DEP's oversight, or to fund
DEP's

performance

of,

any

further

assessment

and

restoration of any natural resource that has been, or
may be, injured as a result of the discharge of hazardous
substances

at

the

SGL

Property,

and

compelling

the

Defendant to compensate the citizens of New Jersey for
the lost value of any injured natural resource;
f.

Award Plaintiffs their costs and fees in this action;
and

g.

Award Plaintiffs such other relief as this Court deems
appropriate.

SECOND COUNT
Water Pollution Control Act
80.

The Commissioner repeats each allegation of paragraph nos. 1
Through 79 above as though fully set forth in its entirety
herein.

23

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81.

Defendant SL Industries, Inc. is a "person" within the meaning
of N.J.S.A. 58:10A-3.

82.

Except as otherwise exempted pursuant to N.J.S.A. 58:10A-6d.
and p., which is not applicable here, it is unlawful for any
person to discharge any pollutant except to the extent the
discharge

conforms

New

Jersey

permit

issued

valid

System

Elimination

Discharge

a

with

Pollutant
by

the

Commissioner pursuant to the WPCA, or pursuant to a valid
National Pollutant Discharge Elimination System permit issued
pursuant

to

the

federal

U.S.C.A. ~§1251 to - 1387.
83.

Water

Pollution

Control

Act,

33

N.J.S.A. 58:10A-6a.

The unauthorized discharge of pollutants is a violation of
the

WPCA

for

which

any

person

who

is

the

discharger

is

strictly liable, without regard to fault. N.J.S.A. 58:10A6a.
84.

DEP

has incurred, and

will continue

to incur, costs as a

result of the discharge of pollutants at the SGL Property.
85.

DEP also has incurred, and will continue to incur, costs and
damages, including compensatory damages and any other actual
damages for any natural resource of this State that has been,
or may be, lost or destroyed as a result of the discharge of
pollutants at the SGL Property.

24

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86.

The costs and damages DEP has incurred, and will incur, for
the Puchack Wellfield Superfund Site are recoverable within
the meaning of N.J.S.A. 58:10A-lOc.(2) - (4).

87.

Defendant SL Industries, Inc., and/or its predecessors at the
SGL

Property,

discharged

pollutants

at

the

SGL

Property,

which discharges were neither permitted pursuant to N.J.S.A.
58:10A-6a., nor exempted pursuant to N.J.S.A. 58:10A-6d. or
N.J.S.A. 58:10A-6p., and are liable, without regard to fault,
for all costs and damages, including compensatory damages and
any other actual damages for any natural resource of this
State that has been, or may be, lost or destroyed as a result
N.J.S.A.

of the discharge of pollutants at the SGL Property.
58:10A-6a.
88.

Pursuant to N.J.S.A. 58:10A-lOc., the Commissioner may bring
an

action

N.J.S.A.

in

the

Superior

58:10A-lOc.(1);

Court

for

the

for

injunctive

reasonable

costs

relief,
of

any

investigation, inspection, or monitoring survey which led to
establishment

of

the

violation,

including

the

costs

of

preparing and litigating the case, N.J.S.A. 58:10A-lOc.(2);
any

reasonable

cost

incurred

by

the

State

in

removing,

correcting, or terminating the adverse effects upon water
quality

resulting

from

any

25

unauthorized

discharge

of

 CAM-L-004572-18 12/06/2018 9:31:42 AM Pg 26 of 37 Trans ID: LCV20182117069

pollutants for which action under this subsection may have
been brought, N.J.S.A. 58:10A-lOc.(3); compensatory damages
and any other actual damages for any natural resource of this
State that has been, or may be, lost or destroyed as a result
of

the

unauthorized

of

discharge

pollutants

at

the

SGL

Property, N.J.S.A. 58:10A-lOc.(4); and the actual amount of
any

economic

benefits

accruing

to

the

violator

from

any

violation, including savings realized from avoided capital or
noncapital costs resulting from the violation, the return
earned or that may be earned on the amount of avoided costs,
any benefits accruing as a result of a competitive market
advantage enjoyed by reason of the violation, or any other
benefit

resulting

from

the

violation,

N.J.S.A.

58:10A-

lOC.(5).

WHEREFORE, the Commissioner prays that this court:
a.

Winter an order assessing the Defendant SL Industries,
Inc., without regard to fault, for the reasonable costs
for any investigation, inspection, or monitoring survey,
which led to establishment of the violation, including
the costs of preparing and litigating the case;

26

 CAM-L-004572-18 12/06/2018 9:31:42 AM Pg 27 of 37 Trans ID: LCV20182117069

b.

Enter

judgment

declaratory

against

Defendant

SL

Industries, Inc., without regard to fault, assessing all
reasonable

costs

will

that

be

incurred

for

any

investigation, inspection, or monitoring survey, which
led, or will lead, to the establishment of the violation,
the

including

costs

preparing

of

and

litigating

the

case;
c.

Enter an order assessing Defendant SL Industries, Inc.,
without regard to fault, for all compensatory damages
and

other

actual

damages

incurred

any

for

natural

resource of this State that has been, or may be, lost or
destroyed as a result of the unauthorized discharge of
pollutants at the SGL Property;
d.

Enter

declaratory

judgment

Defendant

against

SL

Industries, Inc., without regard to fault, assessing all
compensatory damages and other actual damages for any
natural resource of this State that has been, or may be,
lost

or

destroyed

as

a

result

of

the

unauthorized

discharge of pollutants at the SGL Property;
e.

Enter an order assessing Defendant SL Industries, Inc.,
without regard to fault, for the actual amount of any
economic

benefits

they

27

have

accrued,

including

any

 CAM-L-004572-18 12/06/2018 9:31:42 AM Pg 28 of 37 Trans ID: LCV20182117069

savings
costs,
avoided

realized

from

avoided. capital

or

noncapital

the return they have earned on the amount of
costs,

any

benefits

that

Defendant

SL

Industries, Inc. has enjoyed as a result of a competitive
market

advantage,

or

any

other

benefit

they

have

received as a result of having violated the WPCA;
f.

Enter

declaratory

judgment

against

Defendant

SL

Industries, Inc., without regard to fault, assessing the
Defendant for the actual amount of any economic benefits
that will accrue to them, including any savings to be
realized from avoided capital or noncapital costs, the
return to be earned on the amount of avoided costs, any
benefits that will accrue as a result of a competitive
market advantage the Defendant has enjoyed, or any other
benefit that will accrue to them as a result of having
violated the WPCA;
g.

Award plaintiff Commissioner her costs and fees in this
action; and

h.

Award plaintiff Commissioner such other relief as this
Court deems appropriate.

 CAM-L-004572-18 12/06/2018 9:31:42 AM Pg 29 of 37 Trans ID: LCV20182117069

THIRD COUNT
Public Nuisance
89.

The Plaintiffs repeat each allegation of paragraph nos. 1
through 88 above as though fully set forth in its entirety
herein.

90.

Ground water is a natural resource of the State held in trust
by the State for the benefit of the public.

91.

The use, enjoyment and existence of uncontaminated natural
resources are rights common to the general public.

92.

The

groundwater

contamination

at

the

Site

constitutes

a

physical invasion of public property and an unreasonable and
substantial interference, both actual and potential, with the
exercise

of

the

public's

common

right

to

this

natural

resource.
93.

As long as the ground water remains contaminated due to the
Defendant's conduct, the public nuisance continues.

94.

Until the ground water is restored to its pre-injury quality,
the

Defendant

is

liable

for

the

creation,

and

continued

maintenance, of a public nuisance in contravention of the
public's common right to clean ground water.

29

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WHEREFORE, Plaintiffs pray that this Court:
a.

Order

for

Plaintiffs

reimburse

damages

and

costs

removal

and

cleanup

to

Defendant

the

all
the

that

Plaintiffs have incurred, including the lost value of,
and

reasonable

resource

of

assessment
State

this

costs

injured

as

a

natural

any

for,

result

of

the

discharge of hazardous substances at the SGL Property,
with applicable interest;
b.

Enter declaratory judgment against the Defendant for all
cleanup and. removal costs and damages that Plaintiffs
may incur including, the lost value of, and reasonable
assessment costs for, any natural resource of this State
injured

as

a

result

of

discharge

the

of

hazardous

substances at the SGL Property;
c.

Enter

declaratory

compelling

the

against

judgment

Defendant

to

the

perform,

Defendant,
under

DEP's

oversight, or to fund DEP's performance of, any further
assessment of any natural resource that has been, or may
be, injured as a result of the discharge of hazardous
substances at the SGL Property, including compelling the
Defendant to compensate the citizens of New Jersey for
the lost value of any injured natural resource;

30

 CAM-L-004572-18 12/06/2018 9:31:42 AM Pg 31 of 37 Trans ID: LCV20182117069

d.

Award Plaintiffs their costs and fees in this action;
and

e.

Award the Plaintiffs such other relief as this Court
deems appropriate.

FOURTH COUNT
Trespass
95.

The Plaintiffs repeat each allegation of paragraph nos. 1
through 94 above as though fully set forth in its entirety
herein.

96.

Ground water is a natural resource of the State held in trust
by the State for the benefit of the public.

97.

The

hazardous

substances

in

the

groundwater

constitute

a

physical invasion of public property without permission or
license.
98.

The Defendant is liable for trespass, and continued trespass,
because the hazardous substances in the groundwater at the
Site resulted from discharges of hazardous substances at the
SGL Property.

99.

As

long

as

the

ground

water

Defendant's trespass continues.

31

remains

contaminated,

the

 CAM-L-004572-18 12/06/2018 9:31:42 AM Pg 32 of 37 Trans ID: LCV20182117069

100. Until

pre-discharge

its

to

for

liable

is

Defendant

the

condition,

restored

is

groundwater

the

trespass,

and

continued trespass, upon public property.
WHEREFORE, Plaintiffs pray that this Court:
a.

cleanup

costs

removal

and

Plaintiffs

reimburse

to

Defendant

the

Order

damages

and

for

that

all
the

Plaintiffs have incurred, including the lost value of,
and

reasonable

resource

this

of

costs

assessment

injured

State

as

any

for,
a

result

natural
of

the

discharge of hazardous substances at the SGL Property,
with applicable interest;
b.

Enter declaratory judgment against the Defendant for all
cleanup

and

costs

removal

damages

and

that

the

Plaintiffs may incur, including the lost value of, and
reasonable assessment costs for, any natural resource of
this

State

injured

as

a

result

of

the

discharge

of

hazardous substances at the SGL Property;
c.

Enter

judgment

against the

Defendant,

compelling

the

Defendant to perform, under DEP's oversight, or to fund
DEP's

performance

of,

any

further

assessment

of

any

natural resource that has been, or may be, injured as a
.result of the discharge of hazardous substances at the

32

 CAM-L-004572-18 12/06/2018 9:31:42 AM Pg 33 of 37 Trans ID: LCV20182117069

SGL Property, and compelling the Defendant to compensate
the citizens of New Jersey for the lost value of any
injured natural resource;
d.

Award Plaintiffs their costs and fees in this action;
and

e.

Award Plaintiffs such other relief as this Court deems
appropriate.
FIFTH COUNT

Negligence
101. The Plaintiffs repeat each allegation of paragraph nos. 1
through 100 above as though fully set forth in its entirety
herein.
102. Ground water is a natural resource of the State held in trust
by the State for the benefit of the public.
103. The Defendant, and/or its predecessors at the SGL Property,
owed a duty to the Plaintiffs to refrain from discharging
hazardous

substances

at

the

SGL

Property,

thus

causing

chromium-contaminated groundwater at the Puchack 4~Tellfield,
which posed a public health threat to the people of Camden,
who

were

supplied

with

drinking

Wellfield.

33

water

from

the

Puchack

 CAM-L-004572-18 12/06/2018 9:31:42 AM Pg 34 of 37 Trans ID: LCV20182117069

104. The

Defendant's

the

and/or

conduct,

of

conduct

its

predecessors at the SGL Property, of illegally and improperly
discharging hazardous substances without a permit breached
its duty to the Plaintiffs and the public.
105. As

a

of

result

negligence

of

the

the

Defendant's

Defendant's

negligence,

predecessors

and/or

the

the

SGL

at

property, the DEP has incurred costs, and may continue to
incur costs, at the Site, and natural resources have been
injured,

of

all

which

were

proximately

caused

by

the

Defendant, and/or the Defendant's predecessors at the SGL
Property.

WHEREFORE, Plaintiffs pray that this Court:

a.

Order

the

cleanup

to

Defendant

and

removal

Plaintiffs

reimburse
costs

damages

and

for

that

all
the

Plaintiffs have incurred, including the lost value of,
and

reasonable

resource

of

assessment

this

State

costs

injured

as

for,
a

any

result

natural
of

the

discharge of hazardous substances at the SGL Property,
with applicable interest;
b.

Enter declaratory judgment against the Defendant for all
cleanup and removal costs and damages that Plaintiffs

34

 CAM-L-004572-18 12/06/2018 9:31:42 AM Pg 35 of 37 Trans ID: LCV20182117069

may incur including, the lost value of, and reasonable
assessment costs for, any natural resource of this State
injured

as

a

of

result

the

of

discharge

hazardous

substances at the SGL Property;
c.

Enter

judgment

the

against

Defendant,

compelling

the

Defendant to perform, under DEP's oversight, or to fund
DEP's

performance

of,

any

further

assessment

of

any

natural resource that has been, or may be, injured as a
result of the discharge of hazardous substances at the
SGL Property, and compelling the Defendant to compensate
the citizens of New Jersey for the lost value of any
injured natural resource;
d.

Award Plaintiffs their costs and fees in this action;
and

e.

Award Plaintiffs such other relief as this Court deems
appropriate.

GURBIR S. GREWAL
ATTORNEY GENERAL OF NEW JERSEY

Attorney for Plaintiffs

Dated: December 6, 2018

By:/s/ Louis G. Karagias
Louis G. Karagias

Deputy Attorney General

35

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DESIGNATION OF TRIAL COUNSEL
Pursuant to R. 4:25-4, the Court is advised that Louis G.

Karagias, Deputy Attorney General, is hereby designated as trial
counsel for the Plaintiffs in this action.

GURBIR S. GREWAL
ATTORNEY GENERAL OF NEW JERSEY

Attorney for Plaintiffs

Dated: December 6, 2018

By:/s/ Louis G. Karagias
Louis G. Karagias

Deputy Attorney General

36

 CAM-L-004572-18 12/06/2018 9:31:42 AM Pg 37 of 37 Trans ID: LCV20182117069

CERTIFICATION REGARDING OTHER PROCEEDINGS AND PARTIES
Undersigned counsel hereby certifies, in accordance with R.
4:5-1(b)(2), that the matters in controversy in this action are
not the subject of any other pending or contemplated action in any
court or arbitration proceeding known to the Plaintiffs at this
time, nor is any non-party known to the Plaintiffs at this time
who should be joined in this action pursuant to R. 4:28, or who is
subject to joinder pursuant to R. 4:29-1.
non-party

later

becomes

known

to

the

If, however, any such

Plaintiffs,

an

amended

certification shall be filed and served on all other parties and
with this Court in accordance with R. 4:5-1(b)(2).

JURY DEMAND
Plaintiffs demand a trial by jury on all issues so triable.

GURBIR S. GREWAL
ATTORNEY GENERAL OF NEW JERSEY
Attorney for Plaintiffs

Dated: December 6, 2018

By:/s/ Louis G. Karagias
Louis G. Karagias
Deputy Attorney General

37

 CAM-L-004572-18 12/06/2018 9:31:42 AM Pg 1 of 1 Trans ID: LCV20182117069

Civil Case Information Statement
Case Details: CAMDEN   Civil Part Docket# L-004572-18
Case Caption: ENVIRONMENTAL PROTEC TION VS SL

Case Type: ENVIRONMENTAL/ENVIRONMENTAL COVERAGE

INDUSTRIES, INC.

LITIGATION

Case Initiation Date: 12/06/2018

Document Type: Complaint with Jury Demand

Attorney Name: LOUIS GEORGE KARAGIAS

Jury Demand: YES - 6 JURORS

Firm Name: ATTORNEY GENERAL LAW

Hurricane Sandy related? NO

Address: 25 MARKET STREET PO BOX 93

Is this a professional malpractice case? NO

TRENTON NJ 08625

Related cases pending: NO

Phone:

If yes, list docket numbers:

Name of Party: PLAINTIFF : Environmental Protection

Do you anticipate adding any parties (arising out of same

Name of Defendant’s Primary Insurance Company

transaction or occurrence)? NO

(if known): Unknown

THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE
CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION

Do parties have a current, past, or recurrent relationship? NO
If yes, is that relationship:
Does the statute governing this case provide for payment of fees by the losing party? NO
Use this space to alert the court to any special case characteristics that may warrant individual
management or accelerated disposition:

Do you or your client need any disability accommodations? NO
If yes, please identify the requested accommodation:

Will an interpreter be needed? NO
If yes, for what language:

I certify that confidential personal identifiers have been redacted from documents now submitted to the
court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b)
12/06/2018
Dated

/s/ LOUIS GEORGE KARAGIAS
Signed