against the above-named defendants, Honeywell International, Inc.
("Honeywell"), Occidental Petroleum Corporation ("Occidental"), and
PPG Industries, Inc. (“PPG”), (collectively "the Defendants"), say:
STATEMENT OF THE CASE
Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to 23.24
("the Spill Act") and common law for declaratory and injunctive
relief and reimbursement of the cleanup and removal costs they have
incurred, and will incur, as a result of the discharge and
unsatisfactory storage or containment of hazardous substances,
including Chromate Chemical Production Waste (“CCPW”), at numerous
sites in the Counties of Hudson and Essex, State of New Jersey.
CCPW contains hexavalent chromium, nickel and vanadium,
along with other hazardous substances as defined by N.J.S.A. 58:10-
classifies hexavalent chromium in the top 25 percent of known human
carcinogens, more potent than arsenic, benzene, and polychlorinated
lower life forms, including benthic organisms.
The Defendants have assumed some limited responsibility
for remediation of certain sites contaminated with CCPW in the
Defendants have denied responsibility for decades of environmental
contamination resulting from their generation, transportation and