Proposed Ciba-Geigy Site Settlement Would Preserve 1,000 Acres As Open Space

TOMS RIVER, NJ — The New Jersey Department of Environmental Protection is seeking public comment on a proposed settlement to restore natural resources damaged at the former Ciba-Geigy site in Toms River, officials said.

The proposal to restore property damaged by decades of industrial pollution and illegal dumping at the Ciba-Geigy Superfund site was reached through a negotiated settlement with BASF Corporation, the successor to the Ciba-Geigy Chemical Corp., officials said Monday.

It is the largest single-site preservation agreement through the DEP’s Natural Resource Damages program, officials said. Under the proposal, about 1,000 acres would be permanently preserved through a variety of ecological improvement projects.

"When complete, the site will feature public access, passive recreation, and natural resource interpretative and educational opportunities," state officials said in a news release.

The ecological restoration would include the creation of a freshwater wetlands complex, restoration of riparian areas, flood plain and wetland enhancements, creation of upland grasslands and pollinator habitat, public access trails and boardwalks for wildlife viewing and passive recreation.

There would be walking, running, and hiking opportunities, and an environmental education center would be built. The project could break ground in the spring of 2023, become open to the public in phases, and be complete within the next five years.

The DEP will accept public comment for 30 days on the proposal published Monday in the New Jersey Register.

"This settlement would transform one of New Jersey’s most notorious polluted sites into one of our biggest environmental success stories," DEP Commissioner Shawn LaTourette said, "one that delivers the natural resource quality that every community deserves, shoulder-to-shoulder with a good corporate citizen determined to repair the environmental damage of our shared industrial past."

"Having spent my childhood on the other side of the fence from this polluted site, I know what this settlement will mean to the families and children of those neighborhoods," said Sean D. Moriarty, the DEP deputy commissioner who oversees the DEP team that developed the settlement.

The Sierra Club called the settlement "historic," saying it is "great news for open space and preservation in Toms River."

"More importantly, it is a step in the right direction for the people who have been suffering from the contamination of the Ciba-Geigy Superfund site for decades," said Taylor McFarland, conservation manager for the Sierra Club.

Ciba-Geigy operated a dye and epoxy works on the sprawling West Dover site beginning in 1952, and according to company documents, quickly learned chemical contamination of the groundwater was fouling its own production wells and had spread off the site, the result of improper chemical waste disposal.

Pollution of the site landed it on the federal Superfund list in 1983. Plant operations ceased in 1990.

BASF Corporation acquired the Ciba-Geigy site in 2010, while remedial activities were ongoing, and continues these remediation efforts including excavation and capping of contaminated source areas and the pumping and treatment of contaminated groundwater. The proposed settlement will not have an impact on any of BASF’s remaining obligations under EPA’s lead oversight under Superfund.

"It is still one of the most contaminated sites in the state if not the country," McFarland said. "We strongly support holding polluters accountable and we applaud NJDEP for moving forward with this historic 1,000-acre restoration project."

BASF Corp. assumed responsibility of the site in 2010 and has been working closely with the DEP’s Office of Natural Resource Restoration for several years to "voluntarily resolve its liability for natural resource injuries" the DEP said.

Of the 1,000 acres to be preserved, approximately 790 acres will be maintained as open space and will include restoration projects for ecological uplift, habitat enhancement, and public access, with hiking trails, birdwatching platforms and blinds. The remaining 210 acres will be set aside for pollinator habitat and solar energy production.

The proposed settlement agreement can be read here. Comments can be submitted by email to onrr@dep.nj.gov. Be sure to note the Ciba-Geigy settlement in the subject line. Comments also may be submitted by U.S. Postal Service mail to David Bean, Chief, Office of Natural Resource Restoration, NJDEP, 501 East State Street, Mail Code 501-03, PO Box 420, Trenton, NJ 08625-0420.

All comments must be submitted by Wednesday, Jan. 4, 2023, which is 30 days from the Dec. 5 publication date of the settlement notice.

Information about the ongoing EPA-led remediation at the Ciba-Geigy site can read here.

Read more about the Ciba-Geigy site:

• Reflections On 'Chemical Town'
• Book Explores Toms River's Toxic History With Industrial Pollution
• Ciba-Geigy Corp. Proposes Multimillion-Dollar Settlement

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