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  • Report:  #1124695

Complaint Review: Fairclough Fuel

Fairclough Fuel N.B. Fairclough & Sons, Inc.; Andrew Fairclough, Brian Fairclough, Brian Remington Fairclough, Andrew Fairclough Jr. Andrew Brian Fairclough Polo, Fairclough Fuel, Fairclough Petroleum, Fairclough Gas, Fairclough Fuel Company FACILITIES LEAKING FUEL INTO NEW JERSEY SOIL DESTROYING ENVIRONMENT IGNORE REGULATIONS HORRIBLE BUSINESS STAY AWAY; SEE CONSENT ORDER FROM STATE OF NEW JERSEY LINKED IN COMMENT! Newton New Jersey

  • Reported By:
    Mark — Newton New Jersey
  • Submitted:
    Wed, February 19, 2014
  • Updated:
    Wed, February 19, 2014

Fairclough Fuels ignored the law and polluted our environment for what seems to have been more than 26 years despite getting caught multiple times! Don't let them get away with it! Don't let them forget it! These are the types of people who should not be allowed to stay in business- it is horrible that they got away with just light penalties (probably easier for the state just interested in raising money and not getting justice). They should not be allowed to stay in business! Hope they don't treat you and your business the way they seem to have treated our laws and regulations. With how underfunded our regulators are, I wonder what they're getting away with now????

Looks like deception may run back generations in this family/company. See: http://www.leagle.com/decision/194651865FSupp453_1384

For details on what seems to have been 20+ years of polluting the environment and violating regulations and probably safety standards as well, see:

http://www.state.nj.us/dep/srp/legal/fairclough_consent_judgment.pdf

key quotes include (with notes in bold)

The Plaintiffs (the state) initiated this action on October 28, 2004, by filing a complaint against the Settling Defendant, pursuant to the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to -23.24 ("the Spill Act"), and the common law. IN RESPONSE TO THE FOLLOWING:

In April 1978, the Plaintiffs inspected the N.B. Fairclough site and found petroleum products in a catch basin and in a storm sewer from which petroleum products were leaking. The Plaintiffs also observed oil being discharged into a drainage ditch from a pipe connecting the ditch to the N.B. Fairclough property. N.B. Fairclough subsequently tested the fuels lines at the site and discovered that they were leaking.

 During 1985, the Plaintiffs investigated various properties near the N.B. 

Fairclough site and found certain potable wells contaminated with petroleum hydrocarbons and concluded that the N.B. Fairclough site was the contaminant source.

On December 31, 1985 and April 8, 1987, the Plaintiffs issued Spill Act directives ("Directives") to the Settling Defendant pursuant to N.J.S.A. 58:10-23.11f.a., directing the Settling Defendant to remediate the site and fund the connection of the affected residences to the public water supply system and also to fund the sealing of the affected wells. L. The Settling Defendant did not comply with the Directives. M. The Plaintiffs have incurred, and may continue to incur, costs as a result of the discharge of hazardous substances at the N.B. Fairclough site.

Did they change the name from N.B. Fairclough to Fairclough Fuels to try and get away from being associated with doing these things? 

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