NJ Court Orders Closure of Scrap Yard

The New Jersey Department of Environmental Protection Commissioner Bradley Campbell has applauded the state Superior Court for directing Boro Auto Wrecking Co., South Plainfield, N.J., to cease operations and for allowing the DEP unfettered access for 18 months to clean up the contaminated scrap yard. In addition, the court ordered Boro Auto to pay DEP a penalty of $25,250.

"I commend the court for recognizing the urgent need to address contamination at this significantly polluted facility," said Campbell. "The shutdown of this facility is long overdue after years of stalling by the responsible party. We are determined to clean up this site to help protect the Raritan River watershed."

In November, Attorney General Peter Harvey filed a motion in the Superior Court, Chancery Division, Middlesex County on behalf of the DEP calling for the closure of Boro Auto. Judge Travis L. Francis issued his order Feb. 4.

"Boro Auto Wrecking has contaminated land in South Plainfield with PCBs, gasoline and other hazardous substances, which put at risk the health of children and adults living in this community," said Attorney General Harvey. "Acting at our request, the Court has stopped the polluting activity of this company. We will continue to protect New Jersey's land, water and air through aggressive environmental enforcement."

DEP has authorized $500,000 to begin publicly funded testing and cleanup work at the Boro Auto Wrecking Site. Among the hazardous substances contaminating the site and threatening nearby natural resources are PCBs and petroleum hydrocarbons.

DEP's initial scope of work calls for the classification and removal of on-site waste piles. Also, the site will be graded, a cap installed, and a stormwater collection and treatment system installed to prevent pollution of area water resources. A remedial investigation will determine the extent of off-site contamination. DEP's remedy also calls for the excavation of PCB soils and off-site disposal.

Boro Auto is a salvage and metal recycling facility that had been in operation since 1936. It processed automobile engines and transmissions and other types of scrap metal.

Previous investigations performed by the company found soil and ground water contamination from the company's operations. Tests of off-site properties revealed soil contamination from stormwater coming from the site. The state was forced to take this latest action after Boro Auto's failure to perform remedial investigations and actions required by a 1990 DEP administrative consent order (ACO), a 1997 judicial consent order and a 2003 DEP ACO.