18. Each Defendant knew or should have known that its
respective CCPW was being used locally as fill within Hudson and
and disposed of the CCPW over the course of many years, making the
identification of transportation services and other evidence
identifying the respective generator of the waste, at some sites,
indistinguishable, and all of the CCPW is uniformly harmful to the
public health and the environment.
alternatively, blame each other for the contamination at various
22. According to analytical testing, each
of the three
generator facilities (the “Generator Facilities”)
Hudson and Essex County CCPW Sites.
that was comprised of three to seven percent hexavalent chromium
and other hazardous substances.
each distributed a portion of their CCPW from their operations as
fill material for use in construction and development projects at
residential, commercial and recreational areas throughout Hudson
and Essex Counties.