Community Corner
Topsoil Case Could be Back in Court Soon
The state Department of Environmental Protection may pursue 'stipulated penalties' against several trucking companies who are responsible for removing contaminated soil from the site.
The case against Topsoil Depot could be headed back to court if the site isn’t cleaned up soon.
The state Department of Environmental Protection (DEP) sent a deficiency letter to Allan Rombough Sr. and several trucking companies who are responsible for removing 30,000 cubic yards of contaminated fill and soil from the site. The Rombough owns Topsoil Depot.
Per a court order, the trucking companies had until May 6 to remove the fill from the Plains Crossroad property. No material has been removed. The parties agreed to the terms of the order last year.
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The DEP may pursue "stipulated penalties" against the parties as a result of failing to comply with the order.
The DEP is concerned that contaminated sediment on the site has migrated to the Pequannock River, which the site borders.
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The trucking companies were required to submit a plan for how they plan to control soil erosion and a pollution control permit to the DEP.
The township has been working with the DEP to get the site cleaned and remediated back to “residential standards,” Mayor Chris Vergano said.
“The township and the DEP understand how important it is to get this site cleaned up for our residents who not only live near the location but also residents who live downstream,” Vergano said. “We will continue to demand that those who were responsible for contaminating this property be required to decontaminate this property.”
Fredrick Roughgarden, the attorney representing several of the trucking companies in the case, did not return a message seeking comment.
David DeClement, the lawyer representing the Romboughs, could not be reached for comment.
Rombough and his son Alex violated a separate court order in 2011 to remain off the property. A DEP inspector saw Rombough and his son Alex disposing of records at the site. Superior Court Judge Mary Margaret McVeigh ordered that no one was to go on the site without the DEP’s or the court’s approval.
The DEP wanted Rombough to serve jail time but he avoided a sentence.
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