Vineland in court over cleanup as costs are at $2M-plus

VINELAND — The city is in state court looking for someone other than itself to pay for millions of dollars in unanticipated pollution cleanup expenses at the former Limpert Brothers confections factory on North West Boulevard.

Limpert Brothers is the only named defendant so far, but a potential problem with that is the company is out of business. The lawsuit leaves open adding other defendants as they are identified, but for the moment there is no way to know who they might be.

Vineland has spent more than $2 million since about October 2022 to remove unanticipated contaminated materials and related infrastructure. The city says neither were supposed to be present based on several in-depth inspections, including two such ordered by Vineland.

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Vineland is nearing completion of a combined Fire Department headquarters and station house at the roughly 4-acre property. The city acquired the property at a sheriff’s sale in April 2022.

Winzinger Inc, which was hired to demolish the factory and prepare the site, quickly came across evidence that the inspections had missed environmental problems. The city, as a result, has had to pay the company about $2.06 million in addition to its original contract for $843,750.

City Solicitor Richard Tonetta on Monday said the city wanted to file in court as quickly as possible. One possibility is Limpert Brothers may have had a relevant insurance policy and the city also is exploring whether the NJDEP would have money available.

“But at the end of the day, we’re not sure who else is going to be involved,” Tonetta said. “I’m not saying for a fact we’re going to go after anybody. But like I said, the city did everything right. We had a study done before we even acquired the property to make sure we’re not buying a pig in a poke.”

Tonetta said the contamination discovery was shocking because Vineland had paid for two inspections. One study was part of issuing a mortgage to the then-owners of the factory, and the second study was just ahead of acquiring the property.

“Now, how do they miss two tanks in the ground and a plume of contamination the size of Egypt?” Tonetta said.

The lawsuit was filed July 8 in Cumberland County Superior Court. The city is using Paramus law firm DeCotiis, Fitzpatrick, Cole & Giblin for the litigation.

The lawsuit states that Limpert “generated, used, stored, spilled, released” petroleum products and other hazardous substances during its lifespan. Other unknown-yet entities did the same or were negligent in investigation contamination on the site, it adds.

Tonetta said the city paid the licensed professionals who performed the inspections, but those contractors actually are agents of the NJDEP. “Even though we hired them, they answer to the DEP,” he said.

The NJDEP declined to comment on the lawsuit.

Construction of the fire headquarters and station is covered under a separate contract.

Joe Smith is a N.E. Philly native transplanted to South Jersey 36 years ago, keeping an eye now on government in South Jersey. He is a former editor and current senior staff writer for The Daily Journal in Vineland, Courier-Post in Cherry Hill, and the Burlington County Times.

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This article originally appeared on Cherry Hill Courier-Post: Vineland in court over cleanup as costs are at $2M-plus