Update: Court Still Determining Owner's Capacity to Comply with Cleanup Order

The state Department of Environmental Protection (DEP) must complete a survey of the Top Soil Depot property so a clean up plan can be finalized for the 12-acre site. The court is also still determining whether or not Allan Rombough Sr. possesses the mental capacity to understand and comply with the court's order to remediate and clean up the site.

Superior Court Judge Mary Margaret McVeigh has set a compliance date of Nov. 30 with regards to remediation obligations. McVeigh would also like to know of progress toward settling the case or on developing a consent order on clean up by June 30, said Lee Moore, spokesman with the Attorney General's Office. The Attorney General's lawyers are representing the DEP in the litigation.

The removal of contaminated soil from the site near Route 23 could begin as early as July 5.

Top Soil Depot owner Rombough Sr. and attorneys representing the state met with McVeigh Thursday to discuss the clean up efforts.

The trucking companies that allegedly transported some of the soil to the site are working on identifying a location where the material can be transported and safely stored. An agreement with one of the companies has already been reached.

David DeClement, the attorney representing Rombough Sr. said that his client is “a heartbeat away” from resolving a contract with the state outlining the clean up and remediation process.

DeClement said he wants to have the site bifurcated into three separate sections, each with their own clean up plan. The parties are due back in front of McVeigh July 14.

The state filed a Motion in Aid of Lititgants Rights against Rombough Sr. April 25, seeking his incarceration until he complied with previous court orders to remove fill and kaofin from the site. It is a civil motion.

Rombough Sr. also remains the subject to a possible contempt of court citation because of his violationg of a restraining order barring from the site without court or the DEP's permission.

The state Department of Environmental Protection (DEP) previously wanted to levy charges against Rombough and his son, Allan Rombough Jr., for allowing as much as 22,000 yards of fill and waste to be dumped on the 12-acre site since 2009.

The men violated a court order to remain off the site May 12, just days before they were scheduled to appear at a hearing before McVeigh. The DEP previously said that more than 20 trucking companies dumped soil on the site.

A competency hearing to determine if the elder Rombough possesses the mental capacity to comprehend the court order and remediate the property was also held Thursday morning, but the proceedings were closed to the public.

The 67-year-old Rombough had testified May 18 that he has trouble remembering things. In court Thursday, he spoke softly and appeared frail; his hands shook as he walked slowly to and from his chair. Three doctors were expected to testify regarding mental health during the closed hearing.

Attorney General Paul Dow won a court order in March preventing Top Soil from collecting solid waste and other material on the site, something Dow said could worsen flooding in the area.