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For Immediate Release:  
For Further Information:
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February 19, 2009  

Lee Moore (OAG)
609-292-4791
Elaine Makatura (DEP)
609-292-2994

Office of The Attorney General
- Anne Milgram, Attorney General
NJ Department of Environmental Protection
- Mark N. Mauriello, Acting Commissioner

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Attorney General, DEP announce settlement with PPG;
Agreement means clean-up of chromium sites in Hudson Co.

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TRENTON -- Attorney General Anne Milgram and Department of Environmental Protection Acting Commissioner Mark N. Mauriello announced today that the state has entered into a settlement agreement with PPG Industries, Inc. that will result in the clean-up of chromium contamination at a property once owned by PPG in Jersey City, as well as the clean-up of numerous other chromium-tainted sites throughout Hudson County.

According to the settlement, which also involves the City of Jersey City, the goal is to remediate soil and sources of chromium contamination at property along Garfield Avenue in Jersey City within five years. PPG also agrees to complete remediation at 13 other chromium-contaminated sites in Jersey City, Weehawkin and Bayonne.

“This is a major settlement, and is the culmination of years of intense investigative work and litigation on behalf of our citizens and our environment,” said Attorney General Milgram. “We are committed to working with DEP to ensure that contaminated properties are cleaned up and restored.”

“I grew up in Jersey City and know firsthand the frustration felt by people who have had to live with chromium contamination,” Acting DEP Commissioner Mark N. Mauriello said. “It's been a long time coming, but this settlement will give residents the peace of mind and better quality of life that comes with a cleaner, healthier neighborhood.”

Chromium is used in a variety of industrial applications including metal plating, the manufacture of stainless steel and the production of colored glass.

Hudson County was for many years the center of chromium chemical production in the United States, with three of the nation's six chromium chemical production plants located in the county - including two in Jersey City. (One was located in Kearny).

Pittsburgh-based PPG acquired the Garfield Avenue chrome production facility in August 1954 and operated it for nine years, until September 1963. During PPG's ownership and operation of the facility, large quantities of a waste product known as chromate ore processing residue, as well as other contaminant by-products, were created. An element of this chromate ore processing waste - hexavalent chromium - is of particular concern to the state, because it is a highly toxic heavy metal that has been linked to a variety of health problems.

In June 2005, the State filed a chromium-contamination-related lawsuit against PPG and two other companies whose predecessors processed chromium - Honeywell International, Inc., and Occidental Chemical Corp. The lawsuit alleged, among other things, that chromate ore processing waste was sold by the three companies to entrepreneurs who in turn sold it to construction companies. (The construction companies used the chromium waste as “fill“ in sewer line installation and other projects.)

As a result of this activity, the state alleged, toxic chromate waste has lingered at a variety of sites throughout Hudson County and, over time, has created serious environmental and public health concerns. The chromium -contaminated sites in and around Hudson County vary from small townhouse lots to large, 35-acre tracts, and are located in residential, commercial, industrial and recreational settings.

In the 1980s and 1990s, Honeywell, Occidental and PPG formally agreed to investigate and clean up a total of more than 100 chromium-contaminated sites in Hudson County that DEP had identified as their individual responsibilities. A number of these sites have been remediated but some, including the 14 that are the subject of this settlement, are not done.

Also left are a substantial number of “orphan” sites - sites contaminated with hexavalent chromium for which no company would accept responsibility. The state's chromium-related lawsuits against PPG, Honeywell and Occidental, for those sites, remain unresolved, although discussions with the three companies continue.

The PPG settlement agreement announced today is subject to a 30-day comment period that begins March 16. The Division of Law's DAG Anna Lascurain , DAG Paul Stofa, DAG Edward Devine, Investigator James Dowd and Attorney Assistant Jeff Bartron handled the PPG settlement, and are handling the other pending chromium matters on behalf of the State.

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