EMR Recycling in Camden, the site of several fires, can reopen under certain conditions, judge rules

A judge ruled Wednesday that EMR Recycling in Camden, New Jersey, may reopen under certain conditions. 

EMR has been shut down for more than a month, and more than a dozen fires have happened at the recycling facility.

A Superior Court judge ruled Wednesday afternoon after a short hearing. The city argued the scrap metal facility is putting neighbors' and families' safety in jeopardy. The ruling comes one day after Camden City Council unanimously voted against allowing EMR to reopen.

EMR's attorneys argued they have lost millions since their license was suspended, and they've had to lay off more than 300 employees.

The case went to court after the city of Camden suspended EMR's license last month after a major fire on May 29. The judge said the city did not follow state and municipal rules in doing that, and the temporary suspension for the recycling facility has been lifted.

But the judge said EMR must comply with certain criteria before being able to turn the shredder back on.

EMR will have to prove the new fire suppression system is fully operational and working. 

The city said there have been at least 12 fires at the scrap metal facility over the past five years. Neighbors have complained of health and quality of life issues.

EMR said the fires are caused mainly by lithium-ion batteries not being discarded properly. 

While this isn't exactly what the city wanted, Camden Mayor Victor Carstarphen, City Council President Angel Fuentes and City Council Vice President Arthur Barclay said in a joint statement they considered it a win.

"This is ultimately a victory for Camden residents and a positive outcome particularly for the Waterfront South community," part of the joint statement read. "Our Camden residents will not be bullied by EMR or anyone.  EMR will not be allowed to act in a way that endangers the health and welfare of our citizens.  As elected officials, we must always consider what is best for our residents.  Thankfully, EMR will now be required by the courts to run a safe site and that has always been our top priority."

The ruling is a temporary injunctive relief for EMR. Camden said it will have inspectors on site to make sure the recycling facility is doing everything properly. 

In a statement, EMR said in part, "For over 100 years, Camden Iron & Metal, now part of EMR, has operated in Camden, recycling materials necessary to build a more sustainable future. EMR is committed to the city and the people of Camden who are our employees, friends, and neighbors. We are just as committed to improving the safety of the recycled material stream that has been upended by a flood of lithium-ion batteries that create demonstrated fire risks."   

EMR is working to prevent the batteries from getting into the system and is making "operational and technology enhancements" to decrease fire risk, the statement says.

The case will go back to court Aug. 17.

A bill that will enhance regulations to protect New Jersey communities from scrap metal fires like ones that happened at EMR was also signed into law Wednesday. 

Assemblyman William F. Moen Jr., a Democrat who represents Camden and Gloucester counties, sponsored the legislation.

"This bill is for the residents of Waterfront South, who have feared for their health and safety for far too long," Moen said in a statement in part. "It's for communities up and down the state where facilities have normalized toxic smoke and air quality alerts. I thank Governor Sherrill for recognizing the critical significance of this legislation. With the stroke of a pen, we are protecting our neighborhoods and advancing public health."