New Jersey Department of Environmental Protection<\/a> that found 62 large natural-gas generators operating at the site without the permits required under the state’s Air Pollution Control Act.<\/p>\nDEP Commissioner Ed Potosnak said the action is intended to send a message to the industry.<\/p>\n
“This enforcement action – by far the largest ever taken against a data center in New Jersey and possibly one of the largest such actions in the nation – sends a clear message that these facilities will not be constructed or operated with impunity in this state,” Potosnak said.<\/p>\n
Environmental advocates welcomed the enforcement action but questioned whether the penalty would have a significant impact on the company.<\/p>\n
Matt Williams of Sustain South Jersey said, “I just know a million dollars, pragmatically, to a billion-dollar company, it’s less than a drop in the bucket.”<\/p>\n
In response to the state’s announcement, in a statement to Action News, developer Data One said it plans to seek permits for the generators while continuing a transition to a different power source.<\/p>\n
“As announced in the spring, we are transitioning to low-emission, quiet fuel cells as part of the site’s permanent power solution and have the necessary approvals in place for this solution. While we disagree with the temporary generator determination, we will apply for the air permits for the temporary generators and are in communication with the Department of Environmental Protection regarding its findings and the fuel cell transition timeline,” a Data One spokesperson said.<\/p>\n
The generators have been the subject of controversy in recent months. Thermal drone footage captured by nonprofit newsroom Floodlight showed at least 45 of the 62 unpermitted generators operating in August. Residents have also complained about noise from the site, prompting the Cumberland County Health Department to open an investigation earlier this year.<\/p>\n
“We can all hear it; it’s not like you’ve gotta really listen,” said Bennett Palermo-Williford of Millville.<\/p>\n
In that Floodlight investigation published Aug. 27, former EPA Air Enforcement Chief Bruce Buckheit said the company should immediately stop operating the generators and pay a fine for “their illegal emissions.”<\/p>\n
It remains unclear how long the generators had been operating before regulators discovered them, saying they were not present seven months prior during a December 2025 inspection. Williams said the lack of permits makes it difficult to assess potential impacts.<\/p>\n
“We don’t know because it’s unpermitted, so there’s really no documentation to track and really see what was going on,” he said.<\/p>\n
According to the DEP, Data One has 45 days to apply for and obtain the required permits or cease any further installation or operation of the equipment.<\/p>\n
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