Judge Orders Vernon Mess to Be Cleaned Up By Polluters

Today, a Superior Court Judge Maritza Berdote Byrnein in Morristown order Joseph Wallace to halt work and remediate the site in Vernon Township.  The massive dirt pile in Vernon has been found to contain unsafe levels of several chemicals linked to cancer. Attorney General Gurbir Grewal in February ordered soil testing at the site while halting all activities at the facility. DEP for over a year had declined to do testing at the site despite having the authority to do so.

“The judge’s rule is a victory for the people of Vernon who have been living in a toxic nightmare. The judge is doing DEP’s job for them. The DEP looked the other way and would not enforce at this site for far too long. Now a judge has stepped in to shut Wallace down and make him clean up the site. This is what DEP should have done from the beginning,” said Jeff Tittel, Director of the New Jersey Sierra Club. “DEP had the authority to go on and investigate the site, but they claimed they could do so. Commissioner McCabe said that there was nothing wrong in Vernon even though samples from the site found high levels of harmful chemicals. This is a dirty deal for dirty dirt that the DEP shamefully ignored. The judge is standing up for the people of Vernon.”

Wallace has been bringing in unknown material in South Vernon for over 8 years. Samples taken from the dirt pile by DEP were found to contain polycyclic aromatic hydrocarbons (PAHs,) polychlorinated biphenyls (PCBs) and the pesticide chemical chlordane all at levels above the state’s standard for residential soil. PAHs are classified as a possible carcinogen.

“Wallace needs to be held accountable for illegally dumping waste and causing serious health impacts to the people of Vernon. DEP should also be accountable for their failure to address this. This illegal dumping has become a toxic menace to the community. High levels of PAHs, PCBs and chlordane endanger the public health. PCBs have been linked to cancer, as well as pregnancy complications and other health effects. Exposure to chlordane can affect the human nervous system,” said Tittel.

This type of illegal dumping  of contaminated materials is a widespread problem in New Jersey. A bill, S1683 (Smith), which has been released by the Senate Energy and Environment Committee, would help tighten regulations by expanding the requirement for background checks to a broader range of persons involved in the solid waste industry, such as sales persons, consultants, and brokers.

“While the Judge’s ruling today is a win for Vernon, the state still needs to pass and tighten standards on dirty dirt. The illegal dumping in Vernon and elsewhere should be a wakeup call to our legislature and the Murphy Administration that we need more enforcement power and inspections. The Senate bill helps however we need more from DEP. New Jersey has a history of contaminated materials coming into our state, in part because DEP chooses not to regulate these chemicals. DEP needs to set and enforce standards for toxic materials to prevent any more possible dumping,” said Jeff Tittel, director of the New Jersey Sierra Club.