Case 2:20-cv-17284-KSH-CLW Document 1 Filed 11/27/20 Page 1 of 14 PageID: 1
`
`KATHERINE L. MATTHEWS
`Senior Counsel
`U.S. Department of Justice
`Environment and Natural Resources Division
`Environmental Enforcement Section
`999 18th Street, Suite 370
`Denver, Colorado 80202
`303-844-1365
`
`ALLAN URGENT
`Assistant United States Attorney
`District of New Jersey
`United States Attorney’s Office
`970 Broad Street, 7th Floor
`Newark, New Jersey 07102
`973-297-2079
`
`Counsel for Plaintiff United States of America
`
`GURBIR S. GREWAL
`ATTORNEY GENERAL OF NEW JERSEY
`Richard J. Hughes Justice Complex
`25 Market Street
`PO Box 093
`Trenton, NJ 08625-0093
`
`By: Carley A. Doyle
`Deputy Attorney General
`(609) 376-2735
`
`Counsel for Plaintiffs New Jersey Department of
`Environmental Protection and the Administrator of the New Jersey Spill
`Compensation Fund
`
`
`
`KATHERINE L. MATTHEWS
`Senior Counsel
`U.S. Department of Justice
`Environment and Natural Resources Division
`Environmental Enforcement Section
`999 18th Street, Suite 370
`Denver, Colorado 80202
`303-844-1365
`
`ALLAN URGENT
`Assistant United States Attorney
`District of New Jersey
`United States Attorney’s Office
`970 Broad Street, 7th Floor
`Newark, New Jersey 07102
`973-297-2079
`
`Counsel for Plaintiff United States of America
`
`GURBIR S. GREWAL
`ATTORNEY GENERAL OF NEW JERSEY
`Richard J. Hughes Justice Complex
`25 Market Street
`PO Box 093
`Trenton, NJ 08625-0093
`
`By: Carley A. Doyle
`Deputy Attorney General
`(609) 376-2735
`
`Counsel for Plaintiffs New Jersey Department of
`Environmental Protection and the Administrator of the New Jersey Spill
`Compensation Fund
`
`
`
`Case 2:20-cv-17284-KSH-CLW Document 1 Filed 11/27/20 Page 2 of 14 PageID: 2
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`UNITED STATES OF AMERICA,
`NEW JERSEY DEPARTMENT OF
`ENVIRONMENTAL PROTECTION, and
`ADMINISTRATOR, NEW JERSEY SPILL
`COMPENSATION FUND
`
`Plaintiffs,
`
`v.
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEW JERSEY
`__________________________________________
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
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`)
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`Defendants.
`_________________________________________)
`
`Civil Action No. 20-17284
`
`UNIMATIC MANUFACTURING
`CORPORATION, CARDEAN, LLC,
`FRAMEWARE, INC., and PROFILES, LLC,
`
`COMPLAINT
`
`The United States of America, by authority of the Attorney General of the
`
`United States and through the undersigned attorney, acting at the request of the
`
`Regional Administrator of the United States Environmental Protection Agency
`
`(“EPA”) for Region II, the New Jersey Department of Environmental Protection
`
`(“NJDEP”), and the Administrator of the New Jersey Spill Compensation Fund
`
`(“Administrator”) by and through the New Jersey Attorney General file this
`
`complaint and allege as follows:
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`2
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`Case 2:20-cv-17284-KSH-CLW Document 1 Filed 11/27/20 Page 3 of 14 PageID: 3
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`NATURE OF THE ACTION
`
`1.
`
`This is a civil action brought under Section 107 of the Comprehensive
`
`Environmental Response, Compensation, and Liability Act, as amended, 42 U.S.C.
`
`§ 9607 (“CERCLA”), and the New Jersey Spill Compensation and Control Act,
`
`N.J.S.A. 58:10-23.11 to -23.24 (“the Spill Act”).
`
`2.
`
`The United States seeks recovery of costs incurred in response to
`
`releases and threatened releases of hazardous substances into the environment at or
`
`from the Unimatic Manufacturing Corporation Superfund Site (“Site”), located in
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`Fairfield, Essex County, New Jersey.
`
`3.
`
`NJDEP and the Administrator of the New Jersey Spill Compensation
`
`Fund seek certain reimbursement of costs they have incurred and will incur for the
`
`discharge of hazardous substances at the Site.
`
`JURISDICTION AND VENUE
`
`4.
`
`This Court has jurisdiction over the subject matter of this action and
`
`over the parties under 28 U.S.C. §§ 1331 and 1345 and Sections 107 and 113(b) of
`
`CERCLA, 42 U.S.C. § 9607 & 9613(b).
`
`5.
`
`Venue is proper in this judicial district under 28 U.S.C. § 1391(b)(2)
`
`and Section 113(b) of CERCLA, 42 U.S.C. § 9613(b), because the releases or
`
`threatened releases of hazardous substances that gave rise to this claim occurred in
`
`this district, and because the Site is located in this district.
`
`
`
`3
`
`
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`Case 2:20-cv-17284-KSH-CLW Document 1 Filed 11/27/20 Page 4 of 14 PageID: 4
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`THE PARTIES
`
`6.
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`The United States is authorized to seek costs of removal or remedial
`
`action that may result from an actual or threatened release of a hazardous substance
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`at or from a facility. 42 U.S.C. § 9607(a).
`
`7.
`
`NJDEP is a principal department within the Executive Branch of the
`
`State of New Jersey, vested with the authority to conserve and protect natural
`
`resources, protect the environment, prevent pollution, and protect the public health
`
`and safety. N.J.S.A. 13:1D-9.
`
`8.
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`The Administrator is the chief executive officer of the New Jersey
`
`Spill Compensation Fund (“the Spill Fund”). N.J.S.A. 58:10-23.11j. As chief
`
`executive officer of the Spill Fund, the Administrator is authorized to approve and
`
`pay any cleanup and removal costs Plaintiff NJDEP incurs, N.J.S.A. 58:10-
`
`23.11f.c & d, and to certify the amount of any claim to be paid from the Spill Fund,
`
`N.J.S.A. 58:10-23.11j.d.
`
`9.
`
`Defendant Unimatic Manufacturing Corporation (“Unimatic”) is a
`
`domestic profit corporation organized under the laws of the State of New Jersey,
`
`with a business address at 101 Eisenhower Parkway, Roseland, New Jersey 07068,
`
`and is a “person” as defined in Section 101(21) of CERCLA, 42 U.S.C.
`
`§ 9601(21).
`
`10. At relevant times, Unimatic owned and operated the Site.
`
`
`
`4
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`Case 2:20-cv-17284-KSH-CLW Document 1 Filed 11/27/20 Page 5 of 14 PageID: 5
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`11. Defendant Cardean, LLC (“Cardean”) is a limited liability corporation
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`organized under the laws of the State of New Jersey, with a business address at 8
`
`Audrey Place, Fairfield, New Jersey 07004, and is a “person” as defined in Section
`
`101(21) of CERCLA, 42 U.S.C. § 9601(21).
`
`12. Cardean currently owns the Site.
`
`13. Defendant Frameware, Inc. (“Frameware”) is a domestic profit
`
`corporation organized under the laws of the State of New Jersey, with a business
`
`address at 8 Audrey Place, Fairfield, New Jersey 07004, and is a “person” as
`
`defined in Section 101(21) of CERCLA, 42 U.S.C. § 9601(21).
`
`14. At relevant times, Frameware operated at the Site.
`
`15. Defendant Profiles, LLC (“Profiles”) is a limited liability corporation
`
`organized under the laws of the State of New Jersey, with a business address at 8
`
`Audrey Place, Fairfield, New Jersey 07004, and is a “person” as defined in Section
`
`101(21) of CERCLA, 42 U.S.C. § 9601(21).
`
`16. At relevant times, Profiles operated at the Site.
`
`STATUTORY BACKGROUND
`
`17. CERCLA was enacted in 1980 to provide a comprehensive
`
`governmental mechanism for abating releases and threatened releases of hazardous
`
`substances and other pollutants and contaminants, and for funding the costs of such
`
`
`
`5
`
`
`
`Case 2:20-cv-17284-KSH-CLW Document 1 Filed 11/27/20 Page 6 of 14 PageID: 6
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`abatement and related enforcement activities, which are known as “response”
`
`actions, 42 U.S.C. §§ 9604(a), 9601(25).
`
`18. Section 104(a)(1) of CERCLA, 42 U.S.C. § 9604(a)(1), provides:
`
`Whenever (A) any hazardous substance is released or
`there is a substantial threat of such a release into the
`environment, or (B) there is a release or substantial threat
`of release into the environment of any pollutant or
`contaminant which may present an
`imminent and
`substantial danger to the public health or welfare, the
`President is authorized to act, consistent with the national
`contingency plan, to remove or arrange for the removal
`of, and provide for remedial action relating to such
`hazardous substance, pollutant, or contaminant at any
`time (including its removal from any contaminated
`natural resource), or take any other response measure
`consistent with the national contingency plan which the
`President deems necessary to protect the public health or
`welfare or the environment.
`
`19. Section 107(a) of CERCLA, 42 U.S.C. § 9607(a), provides in
`
`pertinent part:
`
`Notwithstanding any other provision or rule of law, and
`subject only to the defenses set forth in subsection (b) of
`this Section –
`
`(1)
`[and]
`
`the owner and operator of a vessel or a facility,
`
`(2)
`
`any person who at the time of disposal of any
`hazardous substance owned or operated any
`facility at which such hazardous substances were
`disposed of,
`
`* * *
`
`6
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`
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`Case 2:20-cv-17284-KSH-CLW Document 1 Filed 11/27/20 Page 7 of 14 PageID: 7
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`
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`shall be liable for –
`
`(A)
`
`all costs of removal or remedial action incurred by
`the United States Government . . . not inconsistent
`with the National Contingency Plan . . . .
`
`
`GENERAL ALLEGATIONS
`
`20. The Site consists of 1.23 acres located at 25 Sherwood Lane in
`
`Fairfield, Essex County, New Jersey. To manage cleanup operations of the Site,
`
`EPA has divided response actions for the Site into portions referred to as
`
`“Operable Units.”
`
`21. On September 20, 2016, EPA issued a Record of Decision for
`
`Operable Unit 1 that called for, among other things, the demolition of the
`
`contaminated building and the remediation of the contaminated debris and soil at
`
`the Site including three adjacent properties at an estimated cost of $18.1 million.
`
`EPA is currently studying the nature and extent of contamination in the
`
`groundwater, surface water, and sediments at Operable Unit 2 of the Site.
`
`22. The Site is a “facility” as defined in Section 101(9) of CERCLA, 42
`
`U.S.C. § 9601(9).
`
`23. There has been a “release” or a “threatened release” of “hazardous
`
`substances” into the “environment” at or from the Site, as those terms are defined
`
`in Section 101 of CERCLA, 42 U.S.C. §§ 9601.
`
`
`
`7
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`
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`Case 2:20-cv-17284-KSH-CLW Document 1 Filed 11/27/20 Page 8 of 14 PageID: 8
`
`24.
`
`In undertaking response actions to address the release or threat of
`
`release of hazardous substances at the Site, EPA has incurred and will continue to
`
`incur “response costs” as defined in Section 101(25) of CERCLA, 42 U.S.C.
`
`§ 9601(25).
`
`25. The United States has incurred at least $8,744,500 as of December 31,
`
`2019, in response costs with respect to the Site that have not been reimbursed.
`
`These response costs are not inconsistent with the National Contingency Plan
`
`promulgated pursuant to Section 105 of CERCLA, 42 U.S.C. § 9605, and codified
`
`at 40 C.F.R. Part 300.
`
`FIRST CLAIM FOR RELIEF
`Cost Recovery Under CERCLA Section 107
`
`26. Paragraphs 1 through 25 are re-alleged and incorporated herein by
`
`reference.
`
`27. Defendant Unimatic is liable under Section 107(a)(2) of CERCLA, 42
`
`U.S.C. § 9607(a)(2), because it owned or operated a facility at the Site at the time
`
`hazardous substances were disposed of at the facility.
`
`28. Defendants Cardean, Frameware, and Profiles are liable under Section
`
`107(a)(1) of CERCLA, 42 U.S.C. § 9607(a)(1), because they own or operate a
`
`facility at the Site or under Section 107(a)(2) of CERCLA, 42 U.S.C. § 9607(a)(2),
`
`because they operated a facility at the Site at the time hazardous substances were
`
`disposed of at the facility.
`
`
`
`8
`
`
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`Case 2:20-cv-17284-KSH-CLW Document 1 Filed 11/27/20 Page 9 of 14 PageID: 9
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`29. Under Section 107(a) of CERCLA, 42 U.S.C. § 9607(a), Defendants
`
`Unimatic, Cardean, Frameware, and Profiles are jointly and severally liable for all
`
`Site costs incurred by the United States, including enforcement costs and interest.
`
`SECOND CLAIM FOR RELIEF
`Cost Recovery Under the Spill Act
`
`30. Paragraphs 1 through 25 are re-alleged and incorporated herein by
`
`reference.
`
`31. Except as otherwise provided in N.J.S.A. 58:10-23.11g12, any person
`
`who “has discharged a 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. 58:10-23.11g.c.(1).
`
`32. Except as otherwise exempted under N.J.S.A. 58:10-23.11g.12, the
`
`discharge of hazardous substances is a violation of the Spill Act, for which any
`
`person who is the discharger of, or is in any way responsible for, any hazardous
`
`substance that is discharged, is strictly liable, jointly and severally. N.J.S.A.
`
`58:10-23.11g.c.(1).
`
`33. NJDEP has incurred, and may continue to incur, costs as a result of
`
`the discharge of hazardous substances at the Site.
`
`34. The costs that NJDEP has incurred and will incur for the Site are
`
`“cleanup and removal costs” within the meaning of N.J.S.A. 58:10-23.11b.
`
`
`
`9
`
`
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`Case 2:20-cv-17284-KSH-CLW Document 1 Filed 11/27/20 Page 10 of 14 PageID: 10
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`35. Defendants Unimatic, Cardean, Frameware, and Profiles are each a
`
`“person” within the meaning of N.J.S.A. 58:10-23.11b.
`
`36. Defendants Unimatic, Cardean, Frameware, and Profiles are each a
`
`discharger and/or also a person that is in any way responsible for the discharged
`
`hazardous substances, and are liable, jointly and severally, without regard to fault,
`
`for all cleanup and removal costs that NJDEP has incurred, and will incur, as a
`
`result of the discharge of hazardous substances at the Site. N.J.S.A. 58.10-
`
`23.11g.c.(1).
`
`PRAYER FOR RELIEF
`
`
`
`WHEREFORE, Plaintiffs respectfully request that this Court:
`
`a.
`
`Enter judgment in favor of Plaintiffs and against the Defendants,
`
`jointly and severally, under Section 107(a)(4)(A) of CERCLA, 42 U.S.C.
`
`§ 9607(a)(4)(A), for unreimbursed response costs incurred by the United States
`
`relating to the Site, including enforcement costs and prejudgment interest;
`
`b.
`
`Enter a declaratory judgment on Defendants’ liability that will be
`
`binding in any subsequent action for further response costs, pursuant to Section
`
`113(g)(2) of CERCLA, 42 U.S.C. § 9613(g)(2);
`
`c.
`
`Order the Defendants to reimburse Plaintiffs NJDEP and the
`
`Administrator, jointly and severally, without regard to fault, for all cleanup and
`
`
`
`10
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`
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`Case 2:20-cv-17284-KSH-CLW Document 1 Filed 11/27/20 Page 11 of 14 PageID: 11
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`removal costs Plaintiffs NJDEP and the Administrator have incurred at the Site,
`
`with applicable interest;
`
`d.
`
`Enter a declaratory judgment against the Defendants, jointly and
`
`severally, without regard to fault, for all cleanup and removal costs Plaintiffs
`
`NJDEP and the Administrator may incur at the Site; and
`
`e.
`
`Grant such other and further relief as the Court deems just and proper.
`
`November 27, 2020
`Dated
`
`
`
`Respectfully submitted,
`
`JONATHAN D. BRIGHTBILL
`Principal Deputy Assistant Attorney General
`Environment and Natural Resources Division
`United States Department of Justice
`
`/s/Katherine L. Matthews
`KATHERINE L. MATTHEWS
`Senior Counsel
`Environmental Enforcement Section
`Environment and Natural Resources Division
`United States Department of Justice
`999 18th Street, Suite 370
`Denver, Colorado 80202
`303-844-1365
`katherine.matthews@usdoj.gov
`
`CRAIG CARPENITO
`United States Attorney
`District of New Jersey
`
`ALLAN URGENT
`Assistant United States Attorney
`District of New Jersey
`United States Attorney’s Office
`
`11
`
`
`
`Case 2:20-cv-17284-KSH-CLW Document 1 Filed 11/27/20 Page 12 of 14 PageID: 12
`
`970 Broad Street, 7th Floor
`Newark, New Jersey 07102
`973-297-2079
`
`Counsel for Plaintiffs United States of America
`
`GURBIR S. GREWAL
`ATTORNEY GENERAL OF NEW JERSEY
`Richard J. Hughes Justice Complex
`25 Market Street
`PO Box 093
`Trenton, NJ 08625-0093
`
`November 27, 2020
`Dated
`
`
`
`/s/ Carley A. Doyle
`CARLEY A. DOYLE
`Deputy Attorney General
`
`Counsel for Plaintiffs New Jersey Department of
`Environmental Protection and the Administrator of
`the New Jersey Spill Compensation Fund
`
`OF COUNSEL:
`
`GERARD BURKE
`Assistant Regional Counsel
`U.S. Environmental Protection Agency, Region 2
`290 Broadway, 17th Floor
`New York, NY 10007
`(212) 637-3120
`
`12
`
`
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`Case 2:20-cv-17284-KSH-CLW Document 1 Filed 11/27/20 Page 13 of 14 PageID: 13
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`CERTIFICATION UNDER LOCAL CIVIL RULE 11.2
`
`In accordance with 28 U.S.C. § 1746, I certify that the matter in controversy
`in the foregoing Complaint is not the subject of any other action pending in any
`court, or any pending arbitration or administrative proceeding.
`
`/s/ Katherine L. Matthews
`KATHERINE L. MATTHEWS
`Senior Counsel
`Environmental Enforcement Section
`Environment and Natural Resources Division
`United States Department of Justice
`999 18th Street, Suite 370
`Denver, Colorado 80202
`303-844-1365
`katherine.matthews@usdoj.gov
`
`13
`
`
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`Case 2:20-cv-17284-KSH-CLW Document 1 Filed 11/27/20 Page 14 of 14 PageID: 14
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`CERTIFICATE OF SERVICE
`
` hereby certify that on November 27, 2020, I electronically filed the
`
` I
`
`foregoing Complaint with the Clerk of Court using the CM/ECF system and that I
`
`have served the following via electronic mail:
`
`Frances B. Stella, Esq.
`Brach Eichler, L.L.C.
`101 Eisenhower Parkway
`Roseland, New Jersey 07068
`Telephone: (973) 403-3149
`fstella@bracheichler.com
`
`Counsel for Defendant Unimatic Manufacturing Corporation
`
`Stanley B. Green, Esq.
`Strauch, Green & Mistretta, P.C.
`1752 Heritage Center Drive
`Wake Forest, NC 27587
`Telephone: (704) 564-9878
`sgreen@sgandm.com
`
`Counsel for Defendants Cardean, LLC, Frameware, Inc., and Profiles, LLC
`
`
`
`
`14
`
`
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