‘We want compliance’

An industrial zone business that has been under a microscope in recent weeks is headed to municipal court to answer noise complaints. Meanwhile, Middlesex Borough Mayor Jack Mikolajczyk has publicly described where enforcement efforts stand against the company.

Mikolajczyk laid out a many-sided scenario involving Baekeland Avenue firm Hikae Infotech during the Borough Council’s Tuesday, May 13 meeting. At issue has been alleged noise and other quality of life disturbances stemming from Hikae’s smelting operations.

According to the mayor, Hikae also has an ongoing remediation case with the state Department of Environmental Protection (DEP) in which the firm has secured the services of Flanders-based Brockerhoff Environmental Services, a Licensed State Remediation Professional (LSRP).

Mikolajcyk said that while some residents have called for Hikae to be closed down in social media posts, that’s not the position of municipal officials.

“We don’t want them out. We want them to comply,” the mayor said. 

Mikolajczyk added, “If they’re out, who do you think is getting stuck with the bill?” He did not elaborate, but it was an apparent reference to either litigation costs or a potential loss in property tax revenue.

Earlier, the mayor had described a recent site visit to Hikae by multiple municipal, county and state departments and agencies. A fire marshal also visited and the firm received 29 violation notices, according to Mikolajczyk.

The mayor urged residents to report alleged noise or water fouling offenses, but hinted that municipal officials need to delicately navigate the situation for legal reasons. Mikolajczyk said he’d been contacted recently by Hikae’s attorney and LSRP.

“You can send people over there all the time.” Mikolajczyk said, “But if you’re sending them on a wild goose chase, it becomes counter to (Hikae’s) ongoing operations.”

“It’s costing them money because we’re being a pain in the rear end,” the mayor added. “Which is okay. We can do that. But we have to have a valid case for going. That’s what this really comes down to.”

The borough, Mikolajczyk concluded, has a history of residents making complaints “but not filing charges.”

That won’t be the case in municipal court in roughly seven weeks. Hikae is scheduled to face multiple complaints made by resident Kevin Redzinski. Both Redzinski and fellow resident Paul Maxcy came to the council’s April 22 meeting to question what municipal officials are doing to quell alleged quality of life disturbances from Hikae.

The complaints filed by Redzinski are scheduled for court on Monday, July 7, he told Inside – Middlesex. In at least one case, Redzinski said he has cell phone video of an alleged noise violation.

The Middlesex Police Department has confirmed that it filed a complaint against Hikae on April 29.

During the May 13 council session, Mikolajczyk said the case that required Hikae to secure an LSRP occurred in 2021 and relates to a drainage swale. The remediation has a March 2027 regulatory deadline and a March 2029 mandatory deadline.

Regulatory timeframes can be extended with notice to the DEP, while mandatory timeframes are essentially “drop-dead” deadlines that are not subject to extension.

The mayor also said the borough continues to work on a noise enforcement ordinance. Board of Health Chairman Robert Sherr is “working on something that’s got a little bit of teeth in it,” Mikolajcyk said.

Residents disturbed by industrial noise can call the police, Mikolajczyk added. But if the responding officer does not hear anything, “they can’t file a complaint based on your word,” the mayor said.

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