Bergen Gas Station Sued Over Soil Contamination, Failure To Clean: AG

BERGEN COUNTY, NJ — A former gas station owner stands accused of failing to comply with a state order to clean up fuel-contaminated soil near a residential area, authorities said in a lawsuit.

Fort Lee gas station owner Thomas Argiro allegedly found and ignored gas discharges from multiple underground storage tanks, and then missed the deadlines to remediate as ordered by the New Jersey Department of Environmental Protection, a DEP complaint filed this week said.

An environmental consultant had first discovered the fuel discharges in 1999, when hired to remove the gas tanks, yet the station owner "failed to take any remedial action." Despite this and a DEP order for remediation in 2018, the contamination at the site, to date, remains "un-remediated," the complaint said.

Gas released into the soil — the DEP said in the complaint — poses threats to the environment and public health, impending plant growth and threatening birds and mammals with "irritation and toxicity."

"Human exposure (to gas) can cause dizziness, headaches, lung irritation, nervous system disruptions and even damage to the liver, kidneys, central nervous system, and eyes," the complaint added.

Filed in New Jersey Superior Court, the lawsuit against former owner Argiro seeks to force remediation of the allegedly tainted properties, and seeks payment of at least $17,000 in assessed penalties.

“(These) enforcement actions are our latest efforts to fight for environmental justice and stand up for New Jersey’s most vulnerable residents,” Attorney General Matthew Platkin said in a statement. “Through these actions, we are sending a clear message: whether you pollute our air, our soil, or our water, we will hold you accountable. Our communities deserve no less."

The former owner of the site — which is no longer a gas station — is one of five alleged polluters targeted in a set of "environmental justice actions" announced Thursday by the DEP and the AG's office.

“(These) actions embody DEP’s commitment to correct the legacy of pollution and make clear the consequences for creating or contributing to environmental injustice," DEP Deputy Commissioner Sean Moriarty.

Since 2018, the AG's office and DEP have filed 56 environmental justice cases in overburdened communities, which — according to New Jersey law — are "significant low-income, minority, or limited-English proficiency populations," officials said.

"Residents of all communities should receive fair and equitable treatment in matters affecting their environment, community, homes, and health without regard to income, race, or language," the complaint said.

Many of these cases have resulted in court orders requiring responsible parties to remediate the properties at issue, and, to date, the lawsuits filed by the state have yielded nearly $19 million in judgments, officials added.

"Such orders are important," officials said, "because they ensure that polluters – not New Jersey taxpayers – bear the cost of cleaning up harmful contamination."