Awarded: $100,000!

Court fines Columbia Terminals, Inc. for environmental crimes, Hackensack Riverkeeper receives restitution

by Hugh M. Carola

On August 17, 2001, in one of New Jersey's largest antipollution cases, Columbia Terminals, Inc. of Kearny, NJ and its owner pleaded guilty to environmental crimes and insurance fraud in Hudson County Superior Court. In accepting the plea, Superior Court Judge Kevin G. Callahan sentenced the company and owner Stephen Fiverson to pay fines and restitution totaling $1.3 million.

A week after sentencing on August 23, Hackensack Riverkeeper received a check for $100,000 to support the work of our organization.

Kathryn Flicker, Director of New Jersey's Division of Criminal Justice, referred to the sentence as "One of the largest criminal penalties ever to have been paid by an environmental polluter."

Specifically, Columbia Terminals and Fiverson pleaded guilty to unlawfully storing hazardous waste, violating the federal Air Pollution Control Act, and violating the New Jersey Water Pollution Control Act by improperly collecting, storing and disposing over 500,000 gallons of toxic chemicals between June 24 and November 18, 1999. In addition, the defendants admitted to improperly burning dangerous chemicals and to insurance fraud regarding a June 1999 fire at the site, located on the banks of the Hackensack River.

"Today's action sends a strong signal that the State of New Jersey has no tolerance for those who would disregard our environment in this manner," said NJ DEP Commissioner Robert Shinn. "This is a perfect example of enlightened environmental policy," added Captain Bill Sheehan, Executive Director of Hackensack Riverkeeper. "Having a polluter pay a Keeper program to continue its work and mission will prove to be an excellent investment for New Jersey – and it would work anywhere."

In addition to Hackensack Riverkeeper, $125,000 in additional restitution was made to the Northeast Environmental Enforcement Project and the Appalachian Mountain Club. Judge Callahan also assessed the defendants $775,000 in criminal fines and $300,000 in civil penalties as well as placing both the company and Mr. Fiverson on probation.

The company must also undertake a full-scale cleanup of its property with DEP oversight and has posted a $500,000 security to pay the costs involved. Sources at the Attorney General's Office indicated that a custodial sentence was originally sought but that both justice and the environment would be better served under the plea agreement.

"I am certain that not only has Mr. Fiverson paid his debt to society and his watershed," said Captain Bill, "but that we are witnessing the transformation of a polluter into a person willing to deal with and make good on the sins of his past."

"Like the Hackensack River which itself has come back from the brink, people can also change," the Captain added.

"...unlawfully storing hazardous waste, violating the federal Air Pollution Control Act, and violating the New Jersey Water Pollution Control Act by improperly collecting, storing and disposing over 500,000 gallons of toxic chemicals. . ."

"Don't ever underestimate the valuable contribution to the process [of Meadowlands preservation] of people like Bill Sheehan, Andy Willner and Ed Lloyd. . . . One of the most significant accomplishments of my tenure has been the re-opening of dialogue with people like Bill Sheehan and Andy Willner."

- Alan J. Steinberg, Executive Director, NJMC