(05/134)
TRENTON – Department of Environmental
Protection (DEP) Commissioner Bradley
M. Campbell and Attorney General Peter
C. Harvey today announced that New Jersey
filed suit against Occidental Chemical
Corporation, Maxus Energy Corporation
and Tierra Solutions, Inc. for the intentional
discharge of dioxin - an extremely dangerous,
cancer-causing chemical – and other
contaminants into the Passaic River.
New
Jersey also directed the three companies
to pay the state $2.3 million to develop
a plan to dredge contaminated sediments
in a six-mile stretch of the Lower Passaic
River, the first step in reducing dioxin
contamination levels. The six-mile stretch
is located in Essex County in the municipality
of Newark, and in Hudson County in the
municipalities of Harrison, East Newark,
and Kearny.
“Lower
Passaic River communities already have
waited too long for a cleanup of dioxin
that is an immediate threat to public
health,” said Commissioner Campbell.
“We have gathered enough data and
completed enough studies to know where
the most significant source of dioxin
is in the river. The time for New Jersey
to act is now, and our actions will complement
those of the federal-state partnership
addressing long-term restoration of the
river. ”
“The
owners of this chemical plant poisoned
the Passaic River and Newark Bay with
dioxin that put the health of the public
at serious risk,” said Attorney
General Harvey. “Our suit and directive
demand payment for the cleanup of this
dangerous contamination and compensation
for the severe damage done to these major
waterways.”
Occidental
Chemical Corporation discharged a particular
form of dioxin known as 2,3,7,8-tetrachlorodibenzo-p-dioxin
(TCDD) and other contaminants from a Newark
plant within this six-mile area. Because
of tidal movement, the high concentrations
of dioxin in sediment within the six-mile
area is an ongoing source of contamination
to other areas of the river and the NJ/NY
harbor estuary.
EPA
and other agencies have determined that
dioxin, TCDD in particular, is one of
the most toxic chemicals ever developed
by man. Human exposure to dioxin at extremely
low concentrations can cause severe health
effects, including cancer and reproductive
damage. Dioxin (TCDD) contamination associated
with Occidental Chemical Corporation’s
operations has been found in the sediment
of the six-mile stretch of the Lower Passaic
River at concentrations of up to 5,300,000
parts per trillion (ppt) and its continued
migration has created one of the largest
and most toxic contaminant discharges
in the world.
Dioxin
concentrations in Passaic River fish and
crabs are among the highest reported in
the world and present an imminent and
substantial danger to the public and wildlife.
As a result of the dioxin released by
Occidental Chemical Corporation, the state
has been forced to impose fishing and
crabbing bans in the Passaic River for
more than 20 years. Despite the state’s
ongoing efforts to alert the public of
the dangers of eating these fish and crab,
New Jersey residents are still catching
and consuming them.
DEP
will develop a source control dredge plan
to prevent the ongoing spread of dioxin
contamination coming from sediments in
the six-mile stretch. By removing and/or
controlling the spread of dioxin concentrations
in sediment above 17 parts per trillion,
the source control dredge plan will begin
and accelerate the reduction of dioxin
(TCDD) concentrations in fish and shellfish
tissue to levels considered safe for both
human consumption and a healthy ecosystem.
Under
the directive, Occidental Chemical Corporation,
Maxus Energy Corporation and Tierra Solutions,
Inc. must pay the state $2,298,106 within
30 calendar days. If Occidental Chemical
Corporation, Maxus Energy Corporation
and Tierra Solutions, Inc. fail to pay
DEP for the source control dredge plan,
the state has the authority to sue the
companies for reimbursement of all costs
incurred, including an amount equal to
three times the cleanup and removal cost.
In
addition to the imminent and substantial
danger that dioxin poses to human and
animal populations, the presence of dioxin
in the sediment has an ongoing adverse
economic impact on New Jersey’s
commerce and port industry. The high levels
of dioxin in sediment significantly increase
the dredge disposal costs in Newark Bay
and surrounding areas.
Site
Background
For more than two decades, Occidental
Chemical Corporation and its predecessors
(Diamond Shamrock Chemical Company) and
others intentionally discharged TCDD,
DDT and various other pesticides and chemicals
from their manufacturing plant at the
Diamond Alkali site at 80 Lister Avenue
and the adjacent property at 120 Lister
Avenue on the banks of the Passaic River
in Newark, New Jersey.
While
no cleanup work has been done to address
the TCDD contamination in the river, the
U.S. Environmental Protection Agency—under
its Superfund program—has completed
interim work on land at the Diamond Alkali
site to address ongoing discharges of
contamination to the Passaic River.