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PETER C. HARVEY ATTORNEY GENERAL OF NEW JERSEY Richard J. Hughes Justice Complex 25 Market Street PO ... - page 32 / 53

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CCPW Site numbers 71, 73, 79, 87, 88, 90, 117, 124, 125, 134, 140,

144, 153, 154, 155, 166, and 184 (“Honeywell Sites”).

172. The costs the Plaintiffs have incurred, and will incur,

for the Honeywell Sites are "cleanup and removal costs" within the

meaning of N.J.S.A. 58:10-23.11b.

173. Honeywell is the discharger of hazardous substances at

the Honeywell Sites, and is liable, jointly and severally, without

regard to fault, for all cleanup and removal costs as a result of

the discharge of hazardous substances at the Honeywell Sites.

  • N.

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

    • 174.

      Honeywell, as the generator of hazardous substances that

were discharged at the Honeywell Sites, falls within the scope of

the liability imposed on persons "in any way responsible" for the

discharged hazardous substances, and therefore is liable, jointly

and severally, without regard to fault, for all cleanup and removal

costs that the Plaintiffs have incurred, and will incur, as a

result of the discharge of hazardous substances at the Honeywell

Sites.

N.J.S.A.

58:10-23.11g.c.(1).

175. Pursuant to N.J.S.A. 58:10-23.11u.a.(1)(a) and N.J.S.A.

58:10-23.11u.b., plaintiff DEP may bring an action in the Superior

Court for injunctive relief, N.J.S.A. 58:10-23.11u.b., for its

unreimbursed investigation, cleanup and removal costs, including

the reasonable costs of preparing and successfully litigating the

action, N.J.S.A. 58:10-23.11u.b.

32

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