State, Dep't of Envtl. Prot. v. Ventron Corp

In State, Dep't of Envtl. Prot. v. Ventron Corp., 94 N.J. 473, 502, 468 A.2d 150, the New Jersey Supreme Court interpreted the phrase "in any way responsible, " and stated that while subsequent acquisition of land on which hazardous substances have been previously dumped may be insufficient to hold the owner responsible, "ownership or control over the property at the time of the discharge, however, will suffice." The Scarboroughs had neither ownership nor control over the property when the discharge of fuel oil onto the land occurred, during Winning's ownership. Our Supreme Court has applied this same principle in Marsh v. Department of Environmental Protection, 152 N.J. 137, 703 A.2d 927 (1997), where it held that Marsh was a responsible person not because of any lack of due diligence on her part and not because she actively discharged any pollutants, "but because the underground gasoline tanks leaked during Marsh's ownership of the property." Id. at 146, 703 A.2d 927.