Judge denies Roxbury group’s bid to intervene in Fenimore lawsuit

A Superior Court judge has denied an motion by a Roxbury citizens’ group to join a lawsuit over future control of Fenimore Landfill in Roxbury.

Judge Rosemary Ramsay, ruling Friday in Morristown, said Roxbury Environmental Action Coalition would not be allowed to intervene in a lawsuit filed by landfill owners Strategic Environmental Partners against the New Jersey Department of Environmental Protection.

The DEP seized control of the landfill from SEP in June 2013 and began cleanup efforts after residents reported the foul-smelling odor of potentially toxic hydrogen sulfide emissions that were detected near the site, and by summer of that year occasionally could be smelled miles away.

Ramsay previously ruled the township of Roxbury could take part in that lawsuit, but denied the same access to REACT. Deputy Attorney General Robert J. Kinney successfully argued that REACT’s application did not meet legal requirements and that “REACT’s interests are more than adequately represented by the State and Township of Roxbury in these matters.”

REACT officers, however, have long held that more oversight is needed because DEP shares blame for allowing SEP to reopen the long-dormant landfill and to accept tipping fees to help fund a solar farm it planned for the site. But drywall, known to produce hydrogen sulfide gas when it breaks down, was suspected to have been improperly included in some of the waste brought to Fenimore.

“The Fenimore situation remains full of questions, issues, contradictions and unknowns,” said Bob Schultz, President of REACT. “The community should have a voice in the ongoing issues and in the outcome of the litigation. Millions of dollars of taxpayer money is being spent at Fenimore with resident health, property values and the environmental and economic health of the township at stake.”

The state has awarded a $9.6 million contract to Conti Enterprises of South Plainfield for the Fenimore capping project. The DEP hopes to complete the project by the end off the year.

“The NJ DEP’s own landfill-closure regulations require public involvement, and that’s not happening in this case,” said Bill Morrocco, vice president of REACT. “That’s a significant reason, among the many, why residents should be involved.”

“REACT seeks a remedy far beyond the scope of the violations alleged by the State against SEP, which principally involve SEP’s failure to comply with material permit conditions and to adequately manage materials it was importing to redevelop the landfill,” Kinney wrote in his brief to Ramsay. “REACT makes various statements in its brief about conditions at the landfill for which it provides no factual basis, and makes no

credible argument that the actions taken by the State to address (hydrogen sulfide) emissions are inadequate. Instead, it speculates about

potential dangers from the landfill for which it provides no proofs.”

Ramsay denied REACT’s motion without prejudice, meaning the group may refile its motion to join the litigation at a later time if it can produce specific evidence that DEP and Roxbury are not adequately representing the residents’ interests.

Staff Writer William Westhoven: 973-917-9242; wwesthoven@GannettNJ.com.