Montgomery files lawsuit against state over NPDC

Environmental violations alleged.

By: Kara Fitzpatrick
   MONTGOMERY — Citing violations of federal and state environmental laws, the township Thursday filed a lawsuit against the New Jersey Department of Treasury over conditions at the former North Princeton Developmental Center.
   The suit comes as no surprise. The township had filed a 90-day notice of intent to sue in September under the federal Resource Conservation and Recovery Act and a 30-day notice in November under the Environmental Rights Act. Both notice periods expired Wednesday.
   The suit seeks to compel the state Department of Treasury, owner of the abandoned 250-acre developmental center, to correct environmental contamination at the site, which was vacated in 1998.
   The cost of the environmental cleanup has been estimated at $10 million, including soil and groundwater remediation, demolition of 100 buildings, removal of asbestos and lead-based paint and other related measures.
   According to the complaint filed by the township, since 2001 local officials have repeatedly notified the Treasury Department of inadequate security and of increasingly serious health and safety conditions at the site. The complaint says they have repeatedly requested that the conditions be addressed.
   "The Township Committee will do everything in its power to make NPDC clean and safe; that is the objective of this lawsuit," said the committee in a statement.
   The property includes a sewage treatment plant and is riddled with hazardous waste, according to the township. The Village Elementary School is located in the heart of the property.
   In response to the lawsuit, Department of Treasury spokesman Tom Vincz said, "It is the state’s intention to clean up this property and level the unsafe buildings on the grounds."
   Mr. Vincz said, on behalf of the Treasury Department, "We are disappointed the township has chosen litigation over negotiation."
   The township and the state have been in negotiation over NPDC since the mid-1990s, but have failed to reach agreement that both sides consider fair.
   Since its abandonment, the property has also been subject to vandalism. Boards that once sealed the buildings’ doors and windows have been ripped off and not replaced. The site has appeared on the "Weird NJ" Web site as well as in its magazine guide to the state’s "local legends and best kept secrets" and calendars.
   A suspected arson fire in November that destroyed the Lakeside House infuriated Montgomery officials, who say the site is a magnet for those looking for mischief.
   "Montgomery has an ugly, dangerous blight in the middle of the community, brought on by the Treasury’s neglect and bureaucratic arrogance," the Township Committee statement said.
   "The State contaminated this property and Treasury, as its steward, has a moral and legal obligation to clean it up. We do not undertake this lawsuit lightly or happily, but it is in the best interests of the Township," the statement continued.
   According to the complaint, an engineering firm retained to inspect the NPDC site has concluded that of the more than 100 buildings on the property, fewer than 10 are salvageable and that the "buildings have become less secure and more dangerous over the years."
   "The Township has worked in good faith to purchase the site and to assume responsibility for the remediation and redevelopment of the site," said the Township Committee statement. "We have addressed each of the concerns that Treasury has expressed at the negotiating table and we have offered compromises, all to no avail. We have been patient for a long time, but our patience is gone."
   Mr. Vincz said the Treasury Department appreciates the efforts made by an independent community group, the Citizens’ Committee for NPDC, to restart discussions between the two parties. "We will continue to work with the community group and continue to address their concerns about the current and future status of the NPDC site," he said.