Acting Attorney General Matthew J. Platkin and Commissioner of Environmental Protection (DEP) Shawn M. LaTourette announced today the filing of seven new environmental enforcement actions across the state.
Showing posts with label PCB. Show all posts
Showing posts with label PCB. Show all posts
Saturday, August 27, 2022
Thursday, November 12, 2020
NJ Files Lawsuits Against Two Waterfront Sites for Contamination
As part of the State of New Jersey’s continuing commitment to protect public health and restore natural resources degraded by those who refuse accountability, Attorney General Gurbir S. Grewal and Department of Environmental Protection (DEP) Commissioner Catherine R. McCabe today announced the filing of two lawsuits to compel the clean-up of contamination and recover Natural Resource Damages (NRDs).
Sunday, April 27, 2014
Seven Acre Site along the Passaic River Contaminated with PCBs and Volatile Organic Compounds
The U.S. Environmental Protection Agency has added the Riverside Industrial Park in Newark, New Jersey to the Superfund National Priorities List of the country’s most hazardous waste sites. After a 2009 spill of oily material from the industrial park into the Passaic River, the EPA discovered that chemicals, including benzene, mercury, chromium and arsenic, were improperly stored at the site. The agency took emergency actions to prevent further release of these chemicals into the river. Further investigation showed that soil, ground water and tanks at the Riverside Industrial Park are contaminated with volatile organic compounds and polychlorinated biphenyls (PCBs).
Benzene, mercury, chromium and arsenic are all highly toxic and can cause serious damage to people’s health and the environment. Many volatile organic compounds are known to cause cancer in animals and can cause cancer in people. Polychlorinated biphenyls are chemicals that persist in the environment and can affect the immune, reproductive, nervous and endocrine systems and are potentially cancer-causing.
EPA proposed the site to the Superfund list in September 2012 and encouraged the public to comment during a 60-day public comment period. After considering public comments and receiving the support of the New Jersey Department of Environmental Protection for listing the site, the EPA is putting it on the Superfund list.
“The EPA has kept people out of immediate danger from this contaminated industrial park and can now develop long-term plans to protect the community,” said Judith A. Enck, EPA Regional Administrator. “By adding the site to the Superfund list, the EPA can do the extensive investigation needed to determine the best ways to clean up the contamination and protect public health.”
Since the early 1900s, the Riverside Industrial Park, at 29 Riverside Avenue in Newark, has been used by many businesses, including a paint manufacturer, a packaging company and a chemical warehouse. The site covers approximately seven acres and contains a variety of industrial buildings, some of which are vacant. In 2009, at the request of the New Jersey Department of Environmental Protection, the EPA responded to an oil spill on the Passaic River that was eventually traced to the Riverside Avenue site. The state and the city of Newark requested the EPA’s help in assessing the contamination at the site and performing emergency actions to identify and stop the source of the spill.
The EPA plugged discharge pipes from several buildings and two tanks that were identified as the source of the contamination. In its initial assessment of the site, the EPA also found ten abandoned 12,000 to 15,000 gallon underground storage tanks containing hazardous waste, approximately one hundred 3,000 to 10,000 gallon aboveground storage tanks, two tanks containing oily waste, as well as dozens of 55-gallon drums and smaller containers. These containers held a variety of hazardous industrial waste and solvents. Two underground tanks and most of the other containers were removed by the EPA in 2012.
The EPA periodically proposes sites to the Superfund list and, after responding to public comments, designates them as final Superfund sites. The Superfund final designation makes them eligible for funds to conduct long-term cleanups.
The Superfund program operates on the principle that polluters should pay for the cleanups, rather than passing the costs to taxpayers. After sites are placed on the Superfund list of the most contaminated waste sites, the EPA searches for parties responsible for the contamination and holds them accountable for the costs of investigations and cleanups. The search for the parties responsible for the contamination at the Riverside Industrial Park site is ongoing.
Benzene, mercury, chromium and arsenic are all highly toxic and can cause serious damage to people’s health and the environment. Many volatile organic compounds are known to cause cancer in animals and can cause cancer in people. Polychlorinated biphenyls are chemicals that persist in the environment and can affect the immune, reproductive, nervous and endocrine systems and are potentially cancer-causing.
EPA proposed the site to the Superfund list in September 2012 and encouraged the public to comment during a 60-day public comment period. After considering public comments and receiving the support of the New Jersey Department of Environmental Protection for listing the site, the EPA is putting it on the Superfund list.
“The EPA has kept people out of immediate danger from this contaminated industrial park and can now develop long-term plans to protect the community,” said Judith A. Enck, EPA Regional Administrator. “By adding the site to the Superfund list, the EPA can do the extensive investigation needed to determine the best ways to clean up the contamination and protect public health.”
Since the early 1900s, the Riverside Industrial Park, at 29 Riverside Avenue in Newark, has been used by many businesses, including a paint manufacturer, a packaging company and a chemical warehouse. The site covers approximately seven acres and contains a variety of industrial buildings, some of which are vacant. In 2009, at the request of the New Jersey Department of Environmental Protection, the EPA responded to an oil spill on the Passaic River that was eventually traced to the Riverside Avenue site. The state and the city of Newark requested the EPA’s help in assessing the contamination at the site and performing emergency actions to identify and stop the source of the spill.
The EPA plugged discharge pipes from several buildings and two tanks that were identified as the source of the contamination. In its initial assessment of the site, the EPA also found ten abandoned 12,000 to 15,000 gallon underground storage tanks containing hazardous waste, approximately one hundred 3,000 to 10,000 gallon aboveground storage tanks, two tanks containing oily waste, as well as dozens of 55-gallon drums and smaller containers. These containers held a variety of hazardous industrial waste and solvents. Two underground tanks and most of the other containers were removed by the EPA in 2012.
The EPA periodically proposes sites to the Superfund list and, after responding to public comments, designates them as final Superfund sites. The Superfund final designation makes them eligible for funds to conduct long-term cleanups.
The Superfund program operates on the principle that polluters should pay for the cleanups, rather than passing the costs to taxpayers. After sites are placed on the Superfund list of the most contaminated waste sites, the EPA searches for parties responsible for the contamination and holds them accountable for the costs of investigations and cleanups. The search for the parties responsible for the contamination at the Riverside Industrial Park site is ongoing.
….
Jon L. Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.
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Friday, November 8, 2013
Contractor to Remove PCB From Park in Bogota NJ
Unsafe disposal of contaminated contaminated soil and rock has historically been a common practice. Not only are employees exposed but so is the general public, including children. Today's post is shared from northjersey.com
Waterside Construction LLC, the company suspected of bringing in tainted material while cleaning up the contaminated Veterans Field, will remain the contractor on the project and pay to have the latest contaminants removed.
“I believe we need to work within the contract,” borough attorney Philip Boggia advised the council during a special meeting Wednesday. “Our experts are satisfied, at least at this point, that [the situation is] manageable and that all steps that need to be put in place have been put in place.”
Some residents have called for the firing of the contractor, but Boggia said that by having Waterside stay on and pay for the removal of the contaminants, the cleanup would take months. The alternative would be to sue the contractor for defaulting on work, which could lead to years of legal wrangling, he said.
The attorney also said the contract with Waterside includes a provision for the contractor to address improper materials brought onsite. “Defective work shall be made good; and unsuitable materials may be rejected,” states a clause in the contract
“The contractor has acknowledged responsibility and is willing to pay the cost of whatever is required to remediate the situation,” Boggia said.
The municipality shut down Veterans Field, the borough’s premier park, in September 2011 after discovering...
[Click here to see the rest of this post]
Waterside Construction LLC, the company suspected of bringing in tainted material while cleaning up the contaminated Veterans Field, will remain the contractor on the project and pay to have the latest contaminants removed.
“I believe we need to work within the contract,” borough attorney Philip Boggia advised the council during a special meeting Wednesday. “Our experts are satisfied, at least at this point, that [the situation is] manageable and that all steps that need to be put in place have been put in place.”
Some residents have called for the firing of the contractor, but Boggia said that by having Waterside stay on and pay for the removal of the contaminants, the cleanup would take months. The alternative would be to sue the contractor for defaulting on work, which could lead to years of legal wrangling, he said.
The attorney also said the contract with Waterside includes a provision for the contractor to address improper materials brought onsite. “Defective work shall be made good; and unsuitable materials may be rejected,” states a clause in the contract
“The contractor has acknowledged responsibility and is willing to pay the cost of whatever is required to remediate the situation,” Boggia said.
The municipality shut down Veterans Field, the borough’s premier park, in September 2011 after discovering...
[Click here to see the rest of this post]
Tuesday, August 20, 2013
Contaminated Soil and Debris to Be Removed From Superfund Site in South Plainfield, New Jersey
The U.S. Environmental Protection Agency has proposed a plan to address contaminated soil and debris at the Woodbrook Road Dump Superfund site in South Plainfield, New Jersey. Previous dumping of old electrical capacitors at the site has contaminated some of the soil with polychlorinated biphenyls (PCBs). PCBs are chemicals that persist in the environment and can affect the immune, reproductive, nervous and endocrine systems. Under the plan proposed today, contaminated soil and debris will be dug up and removed.
“This was a poorly run dump in the vicinity of the Dismal Swamp – a natural wildlife refuge and an important wetland,” said EPA Regional Administrator Judith A. Enck. “Some material that caused contamination, including electrical capacitors, has already been removed and now we will get rid of the contaminated soil. I encourage the public to give the EPA their input on this proposed cleanup plan.”
The EPA will hold a public meeting on August 26, 2013 to explain the proposed plan and is encouraging public comments. The meeting will be held at 7:00 p.m. at the South Plainfield Municipal Building courtroom at 2480 Plainfield Avenue in South Plainfield, NJ. Comments will be accepted until September 16, 2013.
The Woodbrook Road Dump Superfund site is located on land that was used as a dump in the 1940s and 1950s for both industrial waste and household waste until it was shut down by the state of New Jersey in 1958. Among the materials disposed of at the site were old electrical capacitors, which contained PCBs and had contaminated the soil. Under EPA oversight, the current owner of the property, Texas Eastern Transmission Corporation (TETCO), removed a number of PCB-contaminated capacitors, secured the site and placed warning signs around the area. The EPA added the Woodbrook Road Dump site to the Superfund list in 2003.
Under the EPA’s cleanup plan, as much as 120, 000 cubic yards of contaminated soil and debris will be dug up and disposed of at a facility licensed to receive the waste. All PCB-contaminated soil and debris above 1 part per million from both the Eastern and Western dump areas will be disposed of off-site. Wetland areas that are disturbed during the work will be restored. Ground water at the site is not contaminated with site-related chemicals. The EPA will conduct a review every five years to ensure the effectiveness of the cleanup.
The Superfund program operates on the principle that polluters should pay for the cleanups, rather than passing the costs to taxpayers. After sites are placed on the Superfund list of the most contaminated waste sites, the EPA searches for parties responsible for the contamination and holds them accountable for the costs of investigations and cleanups.
Read more about PCBs and workers' compensation:
“This was a poorly run dump in the vicinity of the Dismal Swamp – a natural wildlife refuge and an important wetland,” said EPA Regional Administrator Judith A. Enck. “Some material that caused contamination, including electrical capacitors, has already been removed and now we will get rid of the contaminated soil. I encourage the public to give the EPA their input on this proposed cleanup plan.”
The EPA will hold a public meeting on August 26, 2013 to explain the proposed plan and is encouraging public comments. The meeting will be held at 7:00 p.m. at the South Plainfield Municipal Building courtroom at 2480 Plainfield Avenue in South Plainfield, NJ. Comments will be accepted until September 16, 2013.
The Woodbrook Road Dump Superfund site is located on land that was used as a dump in the 1940s and 1950s for both industrial waste and household waste until it was shut down by the state of New Jersey in 1958. Among the materials disposed of at the site were old electrical capacitors, which contained PCBs and had contaminated the soil. Under EPA oversight, the current owner of the property, Texas Eastern Transmission Corporation (TETCO), removed a number of PCB-contaminated capacitors, secured the site and placed warning signs around the area. The EPA added the Woodbrook Road Dump site to the Superfund list in 2003.
Under the EPA’s cleanup plan, as much as 120, 000 cubic yards of contaminated soil and debris will be dug up and disposed of at a facility licensed to receive the waste. All PCB-contaminated soil and debris above 1 part per million from both the Eastern and Western dump areas will be disposed of off-site. Wetland areas that are disturbed during the work will be restored. Ground water at the site is not contaminated with site-related chemicals. The EPA will conduct a review every five years to ensure the effectiveness of the cleanup.
The Superfund program operates on the principle that polluters should pay for the cleanups, rather than passing the costs to taxpayers. After sites are placed on the Superfund list of the most contaminated waste sites, the EPA searches for parties responsible for the contamination and holds them accountable for the costs of investigations and cleanups.
Read more about PCBs and workers' compensation:
May 24, 2013
The site, which is in the New Jersey Meadowlands and is next to the Hackensack River, is contaminated with a number of hazardous chemicals including polychlorinated biphenyls (PCBs) and dioxin. The study of the nature ...
Jan 09, 2013
Historical conspiracies of silent were evident in the asbestos tobacco, lead and PCB industries resulting in epidemics of disease and death. "The development of Alberta's oil sands has increased levels of cancer-causing ...
May 24, 2013
Further investigation showed that soil, ground water and tanks at the Riverside Industrial Park are contaminated with volatile organic compounds and polychlorinated biphenyls (PCBs). Benzene, mercury, chromium and ...
Apr 16, 2011
Asbestos Contaminates 772 New York City Schools. The Board of Education of the City of New York has reported that asbestos wiring, a known carcinogen, is hampering the removal of PCB lights. The asbestos contaminating ...
Friday, May 24, 2013
Cancer Alley: NJ Meadowlands to be Tested for Cancer Causing Substances
The area around the NJ Turnpike has long been called "Cancer Alley," the the US EPA is now going to investigate past dumping of cancer causing substances in the New Jersey Meadowlands near the Hackensack River.
The U.S. Environmental Protection Agency today announced a legal agreement with
Apogent Transition Corp., Beazer East, Inc., Cooper Industries, LLC and Occidental Chemical Corporation to conduct a study of the contamination at the Standard Chlorine Chemical Company, Inc. Superfund site in Kearny, New Jersey as part of the cleanup plan for the site. The site, which is in the New Jersey Meadowlands and is next to the Hackensack River, is contaminated with a number of hazardous chemicals including polychlorinated biphenyls (PCBs) and dioxin. The study of the nature and extent of the contamination and an evaluation of potential cleanup methods are essential steps in the cleanup process. The estimated value of the study work is $750,000. The companies will also pay for the EPA’s costs in overseeing the performance of the study.
Fish consumption advisories have been issued for the Hackensack River due to the PCBs and dioxin contamination, originating in part from the Standard Chlorine site. PCBs are likely cancer causing chemicals and can have serious neurological effects. Exposure to dioxin can also result in serious health effects, including cancer.
“This agreement marks an important step in the cleanup of the Standard Chlorine Chemical site,” said EPA Regional Administrator Judith A. Enck. “Today’s agreement illustrates how the Superfund law works to make polluters, not taxpayers, pay to clean up sites like this one.”
The 25-acre site was formerly used for chemical manufacturing by various companies from the early 1900s to the 1990s. Operations at the site included the refinement of naphthalene for use in the production of certain industrial products, the processing of liquid petroleum naphthalene and the manufacturing of lead-acid batteries, drain-cleaner products and the packing of dichlorobenzene products. The soil, ground water and two lagoons were contaminated with dioxin, benzene, naphthalene, PCBs and volatile organic compounds. The site was originally littered with tanks and drums containing hazardous substances including dioxin and asbestos. Prior to placement on the Superfund list, the New Jersey Department of Environmental Protection sampled and studied the site and partially cleaned it up along with instituting measures to contain the pollution in the short-term. At the request of the NJDEP, the EPA added the site to the Superfund list in September 2007.
The U.S. Environmental Protection Agency today announced a legal agreement with
Fish consumption advisories have been issued for the Hackensack River due to the PCBs and dioxin contamination, originating in part from the Standard Chlorine site. PCBs are likely cancer causing chemicals and can have serious neurological effects. Exposure to dioxin can also result in serious health effects, including cancer.
“This agreement marks an important step in the cleanup of the Standard Chlorine Chemical site,” said EPA Regional Administrator Judith A. Enck. “Today’s agreement illustrates how the Superfund law works to make polluters, not taxpayers, pay to clean up sites like this one.”
The 25-acre site was formerly used for chemical manufacturing by various companies from the early 1900s to the 1990s. Operations at the site included the refinement of naphthalene for use in the production of certain industrial products, the processing of liquid petroleum naphthalene and the manufacturing of lead-acid batteries, drain-cleaner products and the packing of dichlorobenzene products. The soil, ground water and two lagoons were contaminated with dioxin, benzene, naphthalene, PCBs and volatile organic compounds. The site was originally littered with tanks and drums containing hazardous substances including dioxin and asbestos. Prior to placement on the Superfund list, the New Jersey Department of Environmental Protection sampled and studied the site and partially cleaned it up along with instituting measures to contain the pollution in the short-term. At the request of the NJDEP, the EPA added the site to the Superfund list in September 2007.
EPA Adds the Riverside Industrial Park in Newark, New Jersey to the Superfund List
Seven Acre Site along the Passaic River Contaminated with PCBs and Volatile Organic Compounds
The U.S. Environmental Protection Agency has added the Riverside Industrial Park in Newark, New Jersey to the Superfund National Priorities List of the country’s most hazardous waste sites. After a 2009 spill of oily material from the industrial park into the Passaic River, the EPA discovered that chemicals, including benzene, mercury, chromium and arsenic, were improperly stored at the site. The agency took emergency actions to prevent further release of these chemicals into the river. Further investigation showed that soil, ground water and tanks at the Riverside Industrial Park are contaminated with volatile organic compounds and polychlorinated biphenyls (PCBs).
Benzene, mercury, chromium and arsenic are all highly toxic and can cause serious damage to people’s health and the environment. Many volatile organic compounds are known to cause cancer in animals and can cause cancer in people. Polychlorinated biphenyls are chemicals that persist in the environment and can affect the immune, reproductive, nervous and endocrine systems and are potentially cancer-causing.
EPA proposed the site to the Superfund list in September 2012 and encouraged the public to comment during a 60-day public comment period. After considering public comments and receiving the support of the New Jersey Department of Environmental Protection for listing the site, the EPA is putting it on the Superfund list.
“The EPA has kept people out of immediate danger from this contaminated industrial park and can now develop long-term plans to protect the community,” said Judith A. Enck, EPA Regional Administrator. “By adding the site to the Superfund list, the EPA can do the extensive investigation needed to determine the best ways to clean up the contamination and protect public health.”
Since the early 1900s, the Riverside Industrial Park, at 29 Riverside Avenue in Newark, has been used by many businesses, including a paint manufacturer, a packaging company and a chemical warehouse. The site covers approximately seven acres and contains a variety of industrial buildings, some of which are vacant. In 2009, at the request of the New Jersey Department of Environmental Protection, the EPA responded to an oil spill on the Passaic River that was eventually traced to the Riverside Avenue site. The state and the city of Newark requested the EPA’s help in assessing the contamination at the site and performing emergency actions to identify and stop the source of the spill.
The EPA plugged discharge pipes from several buildings and two tanks that were identified as the source of the contamination. In its initial assessment of the site, the EPA also found ten abandoned 12,000 to 15,000 gallon underground storage tanks containing hazardous waste, approximately one hundred 3,000 to 10,000 gallon aboveground storage tanks, two tanks containing oily waste, as well as dozens of 55-gallon drums and smaller containers. These containers held a variety of hazardous industrial waste and solvents. Two underground tanks and most of the other containers were removed by the EPA in 2012.
The EPA periodically proposes sites to the Superfund list and, after responding to public comments, designates them as final Superfund sites. The Superfund final designation makes them eligible for funds to conduct long-term cleanups.
The Superfund program operates on the principle that polluters should pay for the cleanups, rather than passing the costs to taxpayers. After sites are placed on the Superfund list of the most contaminated waste sites, the EPA searches for parties responsible for the contamination and holds them accountable for the costs of investigations and cleanups. The search for the parties responsible for the contamination at the Riverside Industrial Park site is ongoing.
The U.S. Environmental Protection Agency has added the Riverside Industrial Park in Newark, New Jersey to the Superfund National Priorities List of the country’s most hazardous waste sites. After a 2009 spill of oily material from the industrial park into the Passaic River, the EPA discovered that chemicals, including benzene, mercury, chromium and arsenic, were improperly stored at the site. The agency took emergency actions to prevent further release of these chemicals into the river. Further investigation showed that soil, ground water and tanks at the Riverside Industrial Park are contaminated with volatile organic compounds and polychlorinated biphenyls (PCBs).
Benzene, mercury, chromium and arsenic are all highly toxic and can cause serious damage to people’s health and the environment. Many volatile organic compounds are known to cause cancer in animals and can cause cancer in people. Polychlorinated biphenyls are chemicals that persist in the environment and can affect the immune, reproductive, nervous and endocrine systems and are potentially cancer-causing.
EPA proposed the site to the Superfund list in September 2012 and encouraged the public to comment during a 60-day public comment period. After considering public comments and receiving the support of the New Jersey Department of Environmental Protection for listing the site, the EPA is putting it on the Superfund list.
“The EPA has kept people out of immediate danger from this contaminated industrial park and can now develop long-term plans to protect the community,” said Judith A. Enck, EPA Regional Administrator. “By adding the site to the Superfund list, the EPA can do the extensive investigation needed to determine the best ways to clean up the contamination and protect public health.”
Since the early 1900s, the Riverside Industrial Park, at 29 Riverside Avenue in Newark, has been used by many businesses, including a paint manufacturer, a packaging company and a chemical warehouse. The site covers approximately seven acres and contains a variety of industrial buildings, some of which are vacant. In 2009, at the request of the New Jersey Department of Environmental Protection, the EPA responded to an oil spill on the Passaic River that was eventually traced to the Riverside Avenue site. The state and the city of Newark requested the EPA’s help in assessing the contamination at the site and performing emergency actions to identify and stop the source of the spill.
The EPA plugged discharge pipes from several buildings and two tanks that were identified as the source of the contamination. In its initial assessment of the site, the EPA also found ten abandoned 12,000 to 15,000 gallon underground storage tanks containing hazardous waste, approximately one hundred 3,000 to 10,000 gallon aboveground storage tanks, two tanks containing oily waste, as well as dozens of 55-gallon drums and smaller containers. These containers held a variety of hazardous industrial waste and solvents. Two underground tanks and most of the other containers were removed by the EPA in 2012.
The EPA periodically proposes sites to the Superfund list and, after responding to public comments, designates them as final Superfund sites. The Superfund final designation makes them eligible for funds to conduct long-term cleanups.
The Superfund program operates on the principle that polluters should pay for the cleanups, rather than passing the costs to taxpayers. After sites are placed on the Superfund list of the most contaminated waste sites, the EPA searches for parties responsible for the contamination and holds them accountable for the costs of investigations and cleanups. The search for the parties responsible for the contamination at the Riverside Industrial Park site is ongoing.
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For over 4 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses. Click here now to submit a case inquiry.
Read more about the EPA:
Apr 19, 2013
"U.S. Environmental Protection Agency (EPA) action officials did not complete planned corrective actions under its Libby Action Plan in a timely manner. This occurred because the scope of the work was larger than originally ...
Feb 21, 2013
The U.S. Environmental Protection Agency has fined six Arizona school districts a combined total of $94,575 for Asbestos Hazard Emergency Response Act (AHERA) violations. More than 15,000 children attend the 25 ...
Mar 07, 2013
Today the PBS NEWSHOUR airs a documentary, EPA Contaminated by Conflict of Interest, on how the chemical Industry is quietly delaying implementation of regulation of Chromium VI. The compound, hexavalent chromium, ...
Mar 14, 2013
Poisoned Water: Chromium IV - What the EPA Hasn't Done. Corporate water pollution in the US is the subject of a current PBS-TV (Public Broadcasting Network) series. In part one of a two-part series, PBS NewsHour Science ...
Thursday, June 21, 2012
US EPA Reaches Agreement With 70 Companies to Clean Up Passaic River NJ Pollution
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| Passaic River Falls (c) Jon L. Gelman, All rights reserved |
Seventy Companies Reach Agreement with EPA to Remove Highly Contaminated Mud from Lyndhurst Section of the Passaic River; Cleanup work estimated to cost $20 million
The U.S. Environmental Protection Agency announced today that it has reached agreement with 70 companies considered potentially responsible for contamination of the lower Passaic River to remove approximately 16,000 cubic yards of highly contaminated sediment from a half-mile long area of the Passaic River in Lyndhurst, New Jersey at their expense. High levels of contaminants, including PCBs, mercury and dioxin, are present in the sediment and can cause health effects. The work is scheduled to begin in spring 2013.
The agreement calls for the parties to remove contaminated sediment from a mud flat area near the north section of Riverside County Park, install a protective cap over the approximately five-acre excavated area and conduct lab tests of sediment treatment technologies. Based on the results, testing of treatment technologies at a larger scale may also be performed. The cap will monitored and maintained to ensure that it remains protective until a final cleanup plan for the lower 17 miles of the Passaic River is selected by the EPA. The excavated material will be disposed of in a licensed, permitted EPA-approved disposal facility if the sediment treatment technologies do not prove effective during testing.
“This agreement triggers actions that will reduce exposure of people and wildlife to the highly toxic contaminants in the Passaic River sediment and keep it from spreading to other parts of the river,” said EPA Regional Administrator Judith A. Enck. “Under the Superfund agreement, the companies responsible for the contamination will conduct and pay for the work with EPA oversight, rather than passing the costs on to taxpayers.”
Dioxin can cause cancer and other serious health effects. PCBs are likely cancer-causing substances and mercury can cause serious damage to the nervous system. The highly contaminated sediment was discovered in Lyndhurst during sampling performed by the EPA and the parties in late 2011.
Superfund is the federal cleanup program established in 1980 to investigate and clean up the country’s most hazardous waste sites. The Superfund program operates on the principle that polluters should pay for the cleanups, rather than passing the costs to taxpayers. When sites are placed on the Superfund list, the EPA looks for parties responsible for the pollution and requires them to pay for the cleanups.
Under the agreement announced today, the companies will conduct and pay for the cleanup work and EPA’s costs in overseeing it. The cost of the work to be performed is estimated at $20 million, in addition to the costs of EPA oversight.
The EPA will work closely with the New Jersey Department of Environmental Protection, local officials, river and park users, the Passaic River Community Advisory Group, community organizations and Lyndhurst residents throughout the planning and cleanup process. The agency will provide information on the plans, coordinate the cleanup and minimize possible disruptions to river and park use to the extent possible.
The agreement includes a statement of work that identifies planning and reporting requirements associated with the cleanup. The agreement and additional information on the lower Passaic River restoration project are available athttp://www.epa.gov/region02/superfund/npl/diamondalkali/ or http://www.ourpassaic.org.
Follow EPA Region 2 on Twitter at http://www.twitter.com/eparegion2 and visit our Facebook page, http://www.facebook.com/eparegion2.12-079
Attachment - List of Parties that Signed the Settlement1. Arkema Inc.
2. Ashland Inc.
3. Atlantic Richfield Company
4. BASF Corporation, on its own behalf and on behalf of BASF Catalysts LLC
5. Belleville Industrial Center
6. Benjamin Moore & Co.
7. CBS Corporation, a Delaware corporation, f/k/a Viacom Inc., successor by merger to CBS Corporation, a Pennsylvania corporation, f/k/a Westinghouse Electric Corporation
8. Chevron Environmental Management Company, for itself and on behalf of Texaco, Inc. and TRMI-H LLC
9. CNA Holdings LLC
10. Coats & Clark, Inc.
11. Coltec Industries
12. Conopco, Inc. d/b/a Unilever (as successor to CPC/Bestfoods, former parent of the Penick Corporation (facility located at 540 New York Avenue, Lyndhurst, NJ))
13. Cooper Industries, LLC
14. Covanta Essex Company
15. Croda Inc.
16. DII Industries, LLC
17. DiLorenzo Properties Company on behalf of itself and the Goldman /Goldman/DiLorenzo Properties Partnerships
18. E. I. du Pont de Nemours and Company
19. Eden Wood Corporation
20. Elan Chemical Company
21. EPEC Polymers, Inc. on behalf of itself and EPEC Oil Company Liquidating Trust
22. Essex Chemical Corporation
23. Exelis Inc. for itself and for ITT Corporation
24. Flexon Industries Corp.
25. Franklin-Burlington Plastics, Inc.
26. Garfield Molding Co., Inc.
27. General Electric Company
28. Givaudan Fragrances Corporation (Fragrances North America)
29. Goodrich Corporation on behalf of itself and Kalama Specialty Chemicals, Inc.
30. Hess Corporation, on its own behalf and on behalf of Atlantic Richfield Company
31. Hexcel Corporation
32. Hoffmann-La Roche Inc. on its own behalf, and on behalf of its affiliate Roche Diagnostics
33. Honeywell International Inc.
34. ISP Chemicals LLC
35. Kao USA Inc.
36. Leemilt’s Petroleum, Inc. (successor to Power Test of New Jersey, Inc.), on its behalf and on behalf of Power Test Realty Company Limited Partnership and Getty Properties Corp., the General Partner of Power Test Realty Company Limited Partnership
37. Legacy Vulcan Corp.
38. Linde LLC on behalf of The BOC Group, Inc.
39. Lucent Technologies Inc. now known as Alcatel-Lucent USA, Inc.
40. Mallinckrodt Inc.
41. National-Standard LLC
42. Newell Rubbermaid Inc., on behalf of itself and its wholly-owned subsidiaries Goody Products, Inc. and Berol Corporation (as successor by merger to Faber-Castell Corporation)
43. News Publishing Australia Ltd. (successor to Chris-Craft Industries)
44. Novelis Corporation (f/k/a Alcan Aluminum Corporation)
45. Otis Elevator Company
46. Pfizer, Inc.
47. Pharmacia Corporation (f/k/a Monsanto Company)
48. PPG Industries, Inc.
49. Public Service Electric and Gas Company
50. Purdue Pharma Technologies, Inc.
51. Quality Carriers, Inc. as successor to Chemical Leaman Tank Lines, Inc. and Quality Carriers, Inc.’s corporate affiliates and parents
52. Reichhold, Inc.
53. Revere Smelting and Refining Corporation
54. Safety-Kleen Envirosystems Company by McKesson, and McKesson Corporation for itself
55. Sequa Corporation
56. Seton Tanning
57. STWB Inc.
58. Sun Chemical Corporation
59. Tate & Lyle Ingredients Americas LLC (f/k/a A.E. Staley Manufacturing Company, including its former division Staley Chemical Company)
60. Teva Pharmaceuticals USA, Inc. (f/k/a Biocraft Laboratories, Inc.)
61. Teval Corporation
62. Textron Inc.
63. The Hartz Consumer Group, Inc., on behalf of The Hartz Mountain Corporation
64. The Newark Group
65. The Sherwin-Williams Company
66. Stanley Black & Decker, Inc.
67. Three County Volkswagen
68. Tiffany and Company
69. Vertellus Specialties Inc. f/k/a Reilly Industries, Inc.
70. Wyeth, on behalf of Shulton, Inc.
The agreement calls for the parties to remove contaminated sediment from a mud flat area near the north section of Riverside County Park, install a protective cap over the approximately five-acre excavated area and conduct lab tests of sediment treatment technologies. Based on the results, testing of treatment technologies at a larger scale may also be performed. The cap will monitored and maintained to ensure that it remains protective until a final cleanup plan for the lower 17 miles of the Passaic River is selected by the EPA. The excavated material will be disposed of in a licensed, permitted EPA-approved disposal facility if the sediment treatment technologies do not prove effective during testing.
“This agreement triggers actions that will reduce exposure of people and wildlife to the highly toxic contaminants in the Passaic River sediment and keep it from spreading to other parts of the river,” said EPA Regional Administrator Judith A. Enck. “Under the Superfund agreement, the companies responsible for the contamination will conduct and pay for the work with EPA oversight, rather than passing the costs on to taxpayers.”
Dioxin can cause cancer and other serious health effects. PCBs are likely cancer-causing substances and mercury can cause serious damage to the nervous system. The highly contaminated sediment was discovered in Lyndhurst during sampling performed by the EPA and the parties in late 2011.
Superfund is the federal cleanup program established in 1980 to investigate and clean up the country’s most hazardous waste sites. The Superfund program operates on the principle that polluters should pay for the cleanups, rather than passing the costs to taxpayers. When sites are placed on the Superfund list, the EPA looks for parties responsible for the pollution and requires them to pay for the cleanups.
Under the agreement announced today, the companies will conduct and pay for the cleanup work and EPA’s costs in overseeing it. The cost of the work to be performed is estimated at $20 million, in addition to the costs of EPA oversight.
The EPA will work closely with the New Jersey Department of Environmental Protection, local officials, river and park users, the Passaic River Community Advisory Group, community organizations and Lyndhurst residents throughout the planning and cleanup process. The agency will provide information on the plans, coordinate the cleanup and minimize possible disruptions to river and park use to the extent possible.
The agreement includes a statement of work that identifies planning and reporting requirements associated with the cleanup. The agreement and additional information on the lower Passaic River restoration project are available athttp://www.epa.gov/region02/superfund/npl/diamondalkali/ or http://www.ourpassaic.org.
Follow EPA Region 2 on Twitter at http://www.twitter.com/eparegion2 and visit our Facebook page, http://www.facebook.com/eparegion2.12-079
Attachment - List of Parties that Signed the Settlement1. Arkema Inc.
2. Ashland Inc.
3. Atlantic Richfield Company
4. BASF Corporation, on its own behalf and on behalf of BASF Catalysts LLC
5. Belleville Industrial Center
6. Benjamin Moore & Co.
7. CBS Corporation, a Delaware corporation, f/k/a Viacom Inc., successor by merger to CBS Corporation, a Pennsylvania corporation, f/k/a Westinghouse Electric Corporation
8. Chevron Environmental Management Company, for itself and on behalf of Texaco, Inc. and TRMI-H LLC
9. CNA Holdings LLC
10. Coats & Clark, Inc.
11. Coltec Industries
12. Conopco, Inc. d/b/a Unilever (as successor to CPC/Bestfoods, former parent of the Penick Corporation (facility located at 540 New York Avenue, Lyndhurst, NJ))
13. Cooper Industries, LLC
14. Covanta Essex Company
15. Croda Inc.
16. DII Industries, LLC
17. DiLorenzo Properties Company on behalf of itself and the Goldman /Goldman/DiLorenzo Properties Partnerships
18. E. I. du Pont de Nemours and Company
19. Eden Wood Corporation
20. Elan Chemical Company
21. EPEC Polymers, Inc. on behalf of itself and EPEC Oil Company Liquidating Trust
22. Essex Chemical Corporation
23. Exelis Inc. for itself and for ITT Corporation
24. Flexon Industries Corp.
25. Franklin-Burlington Plastics, Inc.
26. Garfield Molding Co., Inc.
27. General Electric Company
28. Givaudan Fragrances Corporation (Fragrances North America)
29. Goodrich Corporation on behalf of itself and Kalama Specialty Chemicals, Inc.
30. Hess Corporation, on its own behalf and on behalf of Atlantic Richfield Company
31. Hexcel Corporation
32. Hoffmann-La Roche Inc. on its own behalf, and on behalf of its affiliate Roche Diagnostics
33. Honeywell International Inc.
34. ISP Chemicals LLC
35. Kao USA Inc.
36. Leemilt’s Petroleum, Inc. (successor to Power Test of New Jersey, Inc.), on its behalf and on behalf of Power Test Realty Company Limited Partnership and Getty Properties Corp., the General Partner of Power Test Realty Company Limited Partnership
37. Legacy Vulcan Corp.
38. Linde LLC on behalf of The BOC Group, Inc.
39. Lucent Technologies Inc. now known as Alcatel-Lucent USA, Inc.
40. Mallinckrodt Inc.
41. National-Standard LLC
42. Newell Rubbermaid Inc., on behalf of itself and its wholly-owned subsidiaries Goody Products, Inc. and Berol Corporation (as successor by merger to Faber-Castell Corporation)
43. News Publishing Australia Ltd. (successor to Chris-Craft Industries)
44. Novelis Corporation (f/k/a Alcan Aluminum Corporation)
45. Otis Elevator Company
46. Pfizer, Inc.
47. Pharmacia Corporation (f/k/a Monsanto Company)
48. PPG Industries, Inc.
49. Public Service Electric and Gas Company
50. Purdue Pharma Technologies, Inc.
51. Quality Carriers, Inc. as successor to Chemical Leaman Tank Lines, Inc. and Quality Carriers, Inc.’s corporate affiliates and parents
52. Reichhold, Inc.
53. Revere Smelting and Refining Corporation
54. Safety-Kleen Envirosystems Company by McKesson, and McKesson Corporation for itself
55. Sequa Corporation
56. Seton Tanning
57. STWB Inc.
58. Sun Chemical Corporation
59. Tate & Lyle Ingredients Americas LLC (f/k/a A.E. Staley Manufacturing Company, including its former division Staley Chemical Company)
60. Teva Pharmaceuticals USA, Inc. (f/k/a Biocraft Laboratories, Inc.)
61. Teval Corporation
62. Textron Inc.
63. The Hartz Consumer Group, Inc., on behalf of The Hartz Mountain Corporation
64. The Newark Group
65. The Sherwin-Williams Company
66. Stanley Black & Decker, Inc.
67. Three County Volkswagen
68. Tiffany and Company
69. Vertellus Specialties Inc. f/k/a Reilly Industries, Inc.
70. Wyeth, on behalf of Shulton, Inc.
Wednesday, May 9, 2012
EPA to Discuss Plans for Addressing Contaminated Passaic River Sediment
The U.S. Environmental Protection Agency will discuss plans to address high levels of contaminants, including PCBs, mercury and dioxin, which are present in Passaic River mud adjacent to Riverside Park in Lyndhurst, New Jersey. Dioxin causes serious health effects, including cancer. PCBs are suspected carcinogens and mercury can cause serious damage to the nervous system. Steps are being taken under the Superfund program by the EPA to isolate and prevent movement of the contaminants from this area to other parts of the river. EPA is overseeing technical planning that has been initiated by the parties potentially responsible for the contamination. Superfund is the federal cleanup program established in 1980 to investigate and clean up the country’s most hazardous waste sites. The Superfund program operates on the principle that polluters should pay for the cleanups, rather than passing the costs to taxpayers. When sites are placed on the Superfund list, the EPA looks for parties responsible for the pollution and requires them to pay for the cleanups. Cleanups are only funded by taxpayer dollars when the responsible parties cannot be found or are not financially viable.
In the long term, risks to people wading in contaminated mud in the Passaic River alongside Riverside Park are slightly above EPA levels of concern. The EPA recommends that the public avoid wading in the mud flats in Lyndhurst.
The EPA will hold two public meetings on May 9 to discuss the planned cleanup actions and the results of recent sampling efforts in Riverside Park and the adjacent mud flats. The public meetings will be held from 3 PM to 5 PM and again from 7 PM to 9 PM in the court room of Lyndhurst Town Hall located at 367 Valleybrook Avenue.
The EPA estimates that cleanup work in the contaminated mud flats adjacent to Riverside County Park in Lyndhurst could begin in spring 2013 and extend for a period of time into summer 2013. The EPA will work closely with local officials, river and park users, the Passaic River Community Advisory Group, stakeholder organizations and the Lyndhurst community to provide information on these plans, coordinate the cleanup, and minimize possible disruptions to river and park use to the extent possible.
The EPA is overseeing a comprehensive investigation of contamination in the Passaic River that is being carried out by a group of parties potentially responsible for the contamination. Preliminary findings suggest that there could be six to eight additional mud flats in the Newark Bay to Garfield stretch of the river where elevated levels of contamination could warrant a closer look and possible action. While the EPA does not anticipate that the other mud flats present an immediate threat to recreational users of the park or river, it is working with the potentially responsible parties to plan additional sampling out of an abundance of caution. Those detailed sampling plans are being developed now to examine the mud flat areas.
Results from the latest round of mud flat sampling from this past winter are currently undergoing final review by the EPA. Any follow-up sampling deemed necessary by the EPA will likely take place under EPA oversight later this summer or fall, with results expected back in late 2012. EPA will provide the public with the sampling results as the information becomes available and will ensure that all communities are effectively engaged and informed.
Very low levels of PCBs, mercury and dioxin were found earlier this year in soil in the Lyndhurst and North Arlington sections of Riverside Park that likely were carried there by flooding. The concentrations of contaminants detected are well below established levels of concern for children and adolescents playing in the park and for workers maintaining the park. The EPA does not plan on additional sampling of the parks’ recreational areas and cleanup in the park is not necessary. The public can continue to enjoy using Riverside County Park in Lyndhurst but should practice proper hygiene that would normally be followed at any urban park that is prone to flooding.
Information on the investigation and cleanup activities in the lower Passaic River is available on the project Web sites at http://www.ourpassaic.org or http://www.epa.gov/region02/superfund/npl/diamondalkali/
Follow EPA Region 2 on Twitter at http://www.twitter.com/eparegion2 and visit our Facebook page, http://www.facebook.com/eparegion2.
For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.
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