New Jersey sues Camden scrapyard operator EMR over neighborhood impact

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New Jersey Attorney General Matthew J. Platkin and Environmental Protection Commissioner Shawn M. LaTourette have filed a public nuisance lawsuit against EMR, the operator of a metal scrapyard in Camden’s Waterfront South neighborhood.

The suit, filed Monday in Superior Court, alleges that at least 12 hazardous fires took place at the facility in the last five years, including a massive fire last February that prompted dozens of nearby residents to evacuate. The yard has been cited for numerous violations in the past.

“It’s been time and time again that they’ve consistently put their own profits ahead of the safety and well-being of the residents of the Camden community, and we’re putting a stop to it,” Platkin told WHYY News on Monday evening.

EMR USA CEO Joseph Balzano said the company “looks forward to working with the State of New Jersey to address the scourge of lithium ion battery fires plaguing recycling facilities throughout the country.” EMR  attributed last year’s fire to “the storage or disposal” of the batteries. Camden City Council subsequently passed an ordinance regulating lithium batteries.

Balzano also cites the company’s cooperation with the city, entering into a memo of understanding which required EMR to improve and enhance its fire suppression system, participate in emergency drills, consolidate its operations to Ferry Avenue and invest $1 million into an “essential needs” fund benefiting residents in the Waterfront South neighborhood and managed by the Community Foundation of South Jersey.

City Council approved the agreement in August.

“It appears the current Attorney General is not aware of the MOU and EMR’s fire suppression investments,” Balzano said in a statement, adding that more than 500 people, including 150 Camden residents, work for the company. “The safety of our employees and the Camden community residents is our number one priority.”

Environmental advocates and residents affected by the fire said they are glad the state is taking action.

“This really gives credibility to the many years of complaints that residents in Camden and in other communities around the state that have to live near scrap metal facilities,” said Jon Compton, executive director of the Center for Environmental Transformation, a nonprofit organization in Camden.

In the 152-page lawsuit, which includes exhibits and centers on EMR’s operations in Camden, officials allege EMR created a high risk of fires on its lots and, despite knowing about the risks, failed to take corrective action. Officials want EMR to take immediate action to end hazardous conditions at its facilities.

“We are using the tools at our disposal to protect every resident,” Platkin said. “I say this as the attorney general and as a parent, every child deserves to live in a community where they’re not enduring asthma or other harmful health effects because a company doesn’t care about causing fires in the neighborhood.”

According to the lawsuit, the state wants EMR to retain an outside consultant with scrap metal experience that is “acceptable” to the Department of Environmental Protection to evaluate EMR’s Camden operations, as well as come up with a plan to reduce fire risks.

Once approved by the state, EMR would have 60 days to implement the recommendations under regulator oversight. EMR would also submit quarterly reports to the state on a range of information.

Other remedies being sought by the state include maintaining on-site fire surveillance and hourly monitoring, ensuring an adequate water source, eliminating fire-ignition sources such as open flames and smoking and reducing the height of “fluff” and scrap metal piles.

Kristin Schrum, a resident who evacuated her home “three times,” said she is glad to see the state take action against EMR, but wants more information.

“They’re asking EMR to have a large water output to keep the fluff pile under control. Will the runoff from that be monitored?” she asked. Schrum also wants to know if the state will monitor air quality and limit pollutants.

“In the past, EMR has said they will enclose the shredder, but that has yet to be done,” she said.

EMR has a history of fires at its facilities across the state, according to the attorney general’s office. At least three fires erupted at a former EMR property in Newark, and at least two happened at its Bayonne facility. There was another fire on a barge in the Delaware Bay in 2022, as the operator was transporting materials between Newark and Camden.

Compton said the lawsuit shows the metal recycling industry needs change and hopes it will deliver the solutions that South Camden residents have long advocated for.

“Ultimately, community safety is what we want to see moving into the future,” he said.