The order stands: The seven-story tall pile of dirt and debris towering in a rural North Jersey neighborhood has to be cleaned up.
Superior Court Judge Maritza Berdote Byrne on Thursday denied an appeal by Joseph Wallace, the Vernon man who spent years bringing a constant stream of trucks to dump on his property as part of what the state has deemed an unlawful solid waste business.
Wallace had sought to stay a court order issued in June that compels him to halt the importation of all material to his property, turn over information about what exactly is in the pile and clean up any material that is considered solid waste.
New Jersey Attorney General Gurbir Grewal took to Twitter to announce the court’s decision.
“The court was clear: start complying or face sanctions,” Grewal wrote.
Wallace’s attorney, Jeffrey Patti, did not immediately respond to a request for comment.
U.S. Rep. Josh Gottheimer, D-5th Dist., praised the court’s decision to toss out Wallace’s appeal. Gottheimer had been a vocal champion of neighbors in their effort to shut down the dump.
“I am glad the court today decided to reject known, convicted polluter Joe Wallace’s appeal, so we can continue to stop polluting at the Waste Mountain in Vernon," Gottheimer said. “No family should have to worry that the water they drink or the air they breathe is unsafe. I will continue to monitor the process closely. Mr. Wallace must be prosecuted to the full extent of the law.”
Since at least 2011, Wallace has had dump trucks bringing material from mostly unknown sources to his property on Silver Spruce Drive, a private road in a quiet residential neighborhood. NJ Advance Media detailed the activity in an in-depth report published in February.
The New Jersey Department of Environmental Protection took Wallace to court after determining in February that he used his property to run an illegal solid waste facility. A consent order with Wallace allowed state officials to come onto the property and test the pile in March.
Results of that testing, released in April, showed the pile to contain polycyclic aromatic hydrocarbons (PAHs,) polychlorinated biphenyls (PCBs) and the pesticide chemical chlordane all at levels above the state’s standard for residential soil.
PAHs are classified as probable human carcinogens, according to the Centers for Disease Control and Prevention. PCBs are also linked cancer, according to the U.S. Environmental Protection Agency, as well as pregnancy complications and other health effects. Exposure to chlordane, according to the CDC, can have a variety of effects on the human nervous system.
Both the March consent order and the June decision required that Wallace turn over records that detail exactly what is in the dirt pile. But to this date, Wallace has only provided documents for two projects not related to his property and receipts for deliveries made after the March consent order, according to the court’s decision.
It is unclear what steps will be taken to enforce the court order. According to Thursday’s decision, the state “is not seeking coercive or punitive relief at this time, only an Order requiting defendants to immediately comply ,with the June 3, 2019 Order, including the full and complete production of documents.”
But Byrne ended her decision with a warning to Wallace that stricter action could be taken if he doesn’t comply.
“Continued non-compliance with court Orders may result in the imposition of sanctions against defendants or the appointment of a special agent to oversee compliance with the court’s Order,” Byrne wrote.
Aside from the action taken by the state, Wallace faces legal challenges in municipal court where he is accused of dozens of local ordinance violations related to his dumping operation. The next hearing date in that case is scheduled for September 5.
Read Byrne’s full decision against Wallace below:
Michael Sol Warren may be reached at mwarren@njadvancemedia.com. Follow him on Twitter @MSolDub. Find NJ.com on Facebook.
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