JERSEY CITY — It has been a hot mess, both metaphorically and literally, for condominium residents living next to a scrapyard on the city’s Hudson River waterfront.
“Excessive” noise, dust blowing over, bright lights at night and even fires and explosions are among the many complaints against the scrapyard from those residing right across the channel at the upscale Port Liberté community in Jersey City.
“The noise is constant” said Lionel Medina, who moved to Port Liberté from the Bronx in 2022. “My window is right next to the channel there; I don’t enjoy working here as well as much as I should. I left to escape a noisy environment and moved to one where the noise is constant.”
Him and dozens of others are now channeling their inner Twisted Sister by saying “we’re not gonna take it anymore” by filing a class action lawsuit against the Linden Avenue East scrapyard, Sims Metal, for causing disturbances. It just so happens the two attorneys working on their case can also see the scrapyard from their Port Liberté condominiums.
Medina and another leading plaintiff spoke Friday afternoon in the Port Liberté condominium of Bill Matsikoudis, the city’s former corporation counsel who’s representing them and 95 households in the lawsuit against Sims, which buys, processes and sells ferrous and non-ferrous recycled metals and had plants across the world.
The 51-page lawsuit was filed by the Matsikoudis and Fanciullo firm, and Justin Meyers, of the G. Martin Meyers law firm Friday in Hudson County Superior Court.
Matsikoudis’ balcony, outside his home office, features a view of the scrapyard in the distance, with workers operating mechanical diggers armed with claws and magnets picking up scrap and dropping it onto piles, barges and trucks. The noise can be compared to a airplane constantly flying overheard.
The scrapyard accepts numerous types of metals and electronic, as well as bus, railcars and aluminum trailer recycling, according to its website. A 2013 article stated that the yard produces 2,800 to 3,000 tons of steel, aluminum, copper, brass and other materials, which is then shipped overseas.
There have been a number of fires at the scrapyard over the years and Sims was fined more than $190,000 by the federal Occupational Safety and Health Administration between 2010 and 2013. Massive fires in 2013, 2019, 2021 and 2022 sent larges plumes of smoke into the air that could be seen for miles.
Port Liberté has complained about the facility for years. “This is a hazard for the community and environment surrounding Sims,” one resident is quoted in the lawsuit. “The smoke from fire (on May, 24-25, 2021) penetrated our houses and building hallways with a toxic smell through the night.”
Aftera large blaze in 2013, a Port Liberté Cleaners employee said “I’ve never seen anything like it. There is always noise and sometimes dust.”
The lawsuit says Sims is “operating (its) facility in a way that is dramatically impacting the quality of life for the hundreds of citizens who reside nearby, diminishing their rights to the quiet, peaceful enjoyment of their properties and endangering their health.”
It alleges that the facility is violating city and state noise laws, is emitting potentially hazardous odors, dust and particulate matter and is illegally working at night and shining lights that are too bright. It also cites the number of fires that have broken out at the yard.
The lawsuit says that the plaintiffs and other residents have regularly complained to local city and police, as well as Sims about the scrapyard. But Sims “has failed to respond to such complaints, and even shut down the ‘hotline’ designed to aggregate them, causing plaintiffs and class members further frustration and upset.”
For Medina, moving from the Riverdale neighborhood in the Bronx to Port Liberté “checked all the boxes” for him and his wife, but the disturbances from the scrapyard were notable on the first day he moved in; as someone with asthma, he’s also noticed small breathing problems and watery eyes since moving in.
Ekaterina Vorobeva, who’s also a leading plaintiff in the lawsuit, moved from Connecticut to Port Liberté to be closer to New York City. But the odor from the scrapyard has made it “impossible” to breathe, and the bright lights at night and noise forced her to move her 20-month-old daughter to her bedroom.
“If you just look outside of (the) balcony you will see how bad it is and what we’re inhaling and what we face,” Vorobeva said. “I hope that things will turn for the better; (that) they will stop night activities and they will be more environmentally friendly, not only to us but to everything what’s going on around.”
The lawsuit is seeking monetary relief and damages, as well as a court order “enjoining (Sims Metal) from engaging in the wrongful and/or unlawful conduct complained of herein.”
Councilwoman Denise Ridley, whose Ward A includes Port Liberté, said in a voicemail that she’s spoken with residents who have reached out to city officials regarding Sims Metal.
Representatives at Sims Metal did not respond to a request for comment on the lawsuit. A Jersey City spokesman did not comment on the lawsuit.
