| NEW JERSEY SUES THREE COMPANIES
FOR DISCHARGING AND DELAYING CLEANUP OF HIGHLY TOXIC DIOXIN IN THE
LOWER PASSAIC RIVER
Directs Companies to Fund Cleanup Plan for
Most
Concentrated Areas of Dioxin Contamination in the River
(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.
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