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PETER C. HARVEY ATTORNEY GENERAL OF NEW JERSEY Richard J. Hughes Justice Complex 25 Market Street PO ... - page 33 / 53

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176. 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 any

other unreimbursed costs or damages plaintiff DEP incurs under the

Spill Act, N.J.S.A. 58:10-23.11u.b.(5).

177. Pursuant

to

N.J.S.A.

58:10-23.11q.,

plaintiff

Administrator is authorized to bring an action in the Superior

Court for any unreimbursed costs or damages paid from the Spill

Fund.

PRAYER FOR RELIEF

WHEREFORE, plaintiffs DEP and Administrator pray that this

Court:

  • a.

    Order Honeywell to reimburse the Plaintiffs, jointly and severally, without regard to fault, for all cleanup and removal costs that the Plaintiffs have incurred as a result of the discharge of hazardous substances at the Honeywell Sites, with applicable interest;

  • b.

    Enter declaratory judgment against Honeywell, jointly and severally, without regard to fault, for all cleanup and removal costs that the Plaintiffs will incur as a result of the discharge of hazardous substances at the Honeywell Sites;

  • c.

    Enter judgment against Honeywell, compelling Honeywell to perform, jointly and severally, under plaintiff DEP's

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