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For Immediate Release:
For Further Information:
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March 15, 2011

Office of The Attorney General
- Paula T. Dow, Attorney General
Division of Law
- Robert M. Hanna,
Director

Media Inquiries-
Lee Moore
609-292-4791
Citizen Inquiries-
609-292-4925

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Attorney General’s Office Obtains Court Order Halting Fill Activity at Top Soil Disposal Site in North Jersey

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TRENTON – Attorney General Paula T. Dow announced today that attorneys from the Division of Law have obtained a court order on behalf of the state that effectively halts disposal activity at the Top Soil Depot site in Wayne Township, Passaic County.

On Monday, Superior Court Judge Margaret M. McVeigh issued an Order to Show Cause requested by state attorneys on behalf of the Department of Environmental Protection (DEP) against more than 20 defendants named in a state complaint pertaining to solid waste fill activities at the Top Soil location.

The order directs the defendants to show cause, by April 15, why a permanent injunction should not be entered against them ordering them to remove fill material and solid wastes from the site. Pending that return date, the court will hold in contempt any company that delivers fill or other materials to Top Soil Depot, according to the order.

The state’s complaint alleges that more than 20 companies delivered as much as 22,000-cubic-yards of fill and solid waste to the site over the last 18 months with the permission of Top Soil’s owner, Allan Rombough Sr., his son, Allan Rombough, Jr., and Summer Freitas, an officer for Rombough, Jr.’s company Tri State Supply.

During the same time period, Top Soil and Rombough, Sr. were under a court order to remove fill from the site, and to not accept any additional fill or other materials.

In addition to charging unlawful fill activity, the state’s complaint alleges that the presence of solid waste fill material at the Top Soil site increases the threat of flood damage to surrounding communities, and that all fill must be removed to protect these communities.

The Top Soil site sits within the floodway of the Ramapo and Pompton Rivers, both of which experienced significant flooding in the last two weeks.

Allan Rombough, Sr. is also the subject of a separate order by Judge McVeigh, issued August 30, 2010, which penalizes him $1,000-per-day for each day that he fails to comply with the prior fill removal order. As of Monday, he had not complied with the August 30 order.

Deputy Attorneys General Robert Kinney and Lisa Pectol, assigned to the Division of Law’s Environmental Enforcement Section, handled the Top Soil matter on behalf of the state.

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