Navillus Group v. Accutherm Inc., A-4754-08T1, A-0568-09T1; Appellate Division; opinion by Skillman, J.A.D., retired and temporarily assigned on recall; decided and approved for publication August 11, 2011. Before Judges Yannotti, Espinosa and Skillman. On appeal from the Chancery Division, Gloucester County, C-65-06. DDS No. 34-2-3274 [21 pp.]
Defendant Accutherm Incorporated manufactured laboratory-grade thermometers on its property in Gloucester County. In 1990, the Occupational Safety and Health Administration discovered mercury vapor levels on the site that exceeded OSHA limits. Due to the cost of compliance with DEP and OSHA requirements, Accutherm ceased operations in 1992 without remediating the mercury contamination. After becoming insolvent, Accutherm stopped paying real estate taxes, and the township eventually sold two tax-sale certificates to a bank.
