both actual and potential, with the exercise of the public's common
right to these natural resources.
208. CCPW contains various hazardous
high concentrations of hexavalent chromium, and is, therefore, an
inherently dangerous material that poses a high degree of risk to
people and the environment.
209. Plaintiffs were not in any way responsible for the CCPW
discharged in Hudson and Essex Counties, New Jersey.
210. Despite use of due diligence, Plaintiffs have been unable
to ascertain which one or more of the Defendants is responsible for
the chromate chemical production waste contamination at various
Hudson and Essex County CCPW Sites in New Jersey; however, all of
that contamination was caused by one or more of the Defendants.
211. The Hudson and Essex County CCPW Sites are all located
within 10 miles of the Defendants’ chromium production facilities.
212. The Defendants were the only generators of CCPW within a
150 mile radius of Hudson and Essex Counties, New Jersey.
213. During the course of their respective operations,
Defendants generated hundreds of thousands of tons of CCPW in
following amounts: Honeywell and its predecessors
Occidental and its predecessors 771,500 tons; and,
PPG and its
predecessors 330,000 tons.