$150M Settlement Floated For 85 Accused Passaic River Polluters In NJ

NEWARK, NJ — Newark, Harrison and many other vibrant communities have borne the brunt of pollution along the Lower Passaic River for too long, federal officials say. But a proposed consent decree with dozens of accused polluters could raise $150 million to help turn things around.

Last week, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice (DOJ) released details about the proposed agreement, which would resolve the liability of 85 “potentially responsible parties” for allegedly discharging hazardous substances into the Lower Passaic River, which is part of the Diamond Alkali Superfund Site in Newark.

According to the EPA and DOJ, the named parties are accused of contaminating a 17-mile tidal stretch of the river, including the lower 8.3 miles. The proposed consent decree seeks to hold them accountable for their share of the total cost of cleaning up this stretch of the river.

Federal officials released the following statement about the proposed settlement:

“On behalf of the EPA, the DOJ lodged the consent decree with the U.S. District Court for the District of New Jersey. If and when the settlement becomes final, the EPA expects to use the settlement funds to support ongoing efforts to clean up the site, specifically the lower 8.3 miles and the upper nine miles which make up the entire 17-mile Lower Passaic River Study Area. In addition to the proposed consent decree, the EPA has reached several related agreements, including one whereby many parties investigated the 17-mile Lower Passaic River, another whereby Occidental Chemical Corporation, a potentially responsible party, is designing the cleanup chosen for the lower 8.3 miles, and several cost recovery agreements that resulted in payments to the EPA of millions of dollars. This consent decree is subject to a 45-day public comment period and will be available for public review on the Justice Department website. After the close of the comment period, the DOJ and EPA will evaluate any comments received and prepare a response to the comments. If the government still considers the settlement appropriate, it will seek approval of the consent decree by the court.”

“Newark, Harrison and many other vibrant communities have borne the brunt of pollution along the Lower Passaic River for too long,” said First Assistant U.S. Attorney Vikas Khanna for the District of New Jersey.

“This agreement is an important step forward,” Khanna said. “It will support significant cleanup efforts that restore this historic waterway, advance a new chapter of responsible land use, and return the river to the people of New Jersey.”

• See related article: Feds Expand Superfund Cleanup Of Passaic River In New Jersey

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