SR145

A Senate Resolution urging federal authorities to accelerate and complete the cleanup of the 17-mile Lower Passaic River portion of the Diamond Alkali Superfund Site.

Whereas, Beginning in the 1940s, and continuing for several decades, the Diamond Alkali Company (later Maxus Energy Corporation) owned and operated a facility at 80-120 Lister Avenue in Newark, New Jersey that manufactured agricultural chemicals, including the herbicide known as “Agent Orange”; and

Whereas, In 1983, the United States Environmental Protection Agency (EPA) and the New Jersey Department of Environmental Protection found high levels of dioxin, an extremely toxic byproduct of agricultural manufacturing processes, at the 80-120 Lister Avenue site and in the Passaic River; and

Whereas, Subsequent studies showed that the Diamond Alkali site contains a large number of other hazardous substances including semi-volatile and volatile compounds, herbicides, pesticides, polychlorinated biphenyls (PCBs), and metals, which affected and continue to affect the soil, groundwater, air, surface water, and building structures at the site; and

Whereas, Contamination from the Diamond Alkali site also affected large portions of the Passaic River, leading to prohibitions and advisories on fish and crab consumption for the tidal Passaic River and Newark Bay; and

Whereas, The Diamond Alkali Site was listed on the Superfund National Priorities List in 1984 and work to address the complex contamination is being addressed in four operable units that include the Lister Avenue property, the lower 8.3 miles of the Lower Passaic River, the 17-mile Lower Passaic River Study Area (LPRSA), and the Newark Bay Study Area; and

Whereas, Due to the complexity and toxicity of the contamination, the size and sensitivity of the area affected, and the population density surrounding the site, in addition to the division of the site into four operable units, the EPA and DEP prioritized the responses required, taking immediate action and interim remedial action on the land portion of the site, time-critical and non-time critical removal actions in the Passaic River, long-term remedial action of the 17-mile LPRSA starting with the lower 8.3 miles, and the long-term remediation of Newark Bay; and

Whereas, In 1987, the EPA selected a containment remedy for the Lister Avenue facility to prevent exposure to contaminated soils and to prevent further releases into the Passaic River; and

Whereas, Construction of the remedy for the Lister Avenue site was carried out and completed in 2001 under the oversight of the EPA; and

Whereas, In June 2008, an action to remove 200,000 cubic yards of contaminated sediment from the river adjacent to the Lister Avenue site was approved and in 2012 the removal of 40,000 cubic yards of sediment was completed, but Phase II of this plan has not yet been implemented; and

Whereas, In June 2012, a time-critical temporary action was implemented to place a cap at river mile 10.9 in Lyndhurst, New Jersey to address risks posed by high concentrations of dioxins, PCBs, and other contaminants found at the surface of a mudflat, but the final decision to address this site will be made as part of the 17-mile LPRSA Record of Decision (ROD); and

Whereas, Because in the course of the study of the 17-mile LPRSA, the sediment in the lower 8.3 miles of the river was found to be a major source of contamination for the rest of the river and Newark Bay, a plan to address that section of the river was developed, and in March 2016, the EPA announced its ROD to remediate contaminated sediments found in that 8.3 mile section of the Passaic River, at an estimated cost of $1.38 billion; and

Whereas, Over 30 years have elapsed since the identification of the shocking levels of contamination caused by the discharges from the Lister Avenue site, and exposure to even low levels of dioxin and PCBs may have long-lasting and serious health effects on people; now, therefore,

Be It Resolved by the Senate of the State of New Jersey:

1. This House urges the United States Environmental Protection Agency and the parties responsible for the remediation of the Diamond Alkali Superfund Site to accelerate the study and planning of, and to complete, the final remediation of the 17-mile Lower Passaic River Study Area.

2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the General Assembly to each member of the New Jersey Congressional delegation, the Commissioner of the New Jersey Department of Environmental Protection, the Administrator of the United States Environmental Protection Agency, and the Region 2 Administrator of the United States Environmental Protection Agency.

STATEMENT

This resolution urges the United States Environmental Protection Agency (EPA) and the parties responsible for the remediation of the Diamond Alkali Superfund Site to accelerate the study and planning of, and to complete, the final remediation of the 17-mile Lower Passaic River Study Area (LPRSA).

Beginning in the 1940s, and continuing for several decades, the Diamond Alkali Company owned and operated a facility at 80-120 Lister Avenue in Newark, New Jersey that manufactured agricultural chemicals, including the herbicide known as “Agent Orange. In 1983, the EPA and the New Jersey Department of Environmental Protection found high levels of dioxin, an extremely toxic byproduct of agricultural manufacturing processes, at the 80-120 Lister Avenue site and in the Passaic River. Subsequent studies showed that the Diamond Alkali site contains a large number of other hazardous substances including semi-volatile and volatile compounds, herbicides, pesticides, polychlorinated biphenyls (PCBs), and metals, which affected and continue to affect the soil, groundwater, air, surface water, and building structures at the site. Contamination from the Diamond Alkali site also affected large portions of the Passaic River, leading to prohibitions and advisories on fish and crab consumption for the tidal Passaic River and Newark Bay. The Diamond Alkali Site was listed on the Superfund National Priorities List in 1984 and work to address the complex contamination is being addressed in four operable units that include the Lister Avenue property, the lower 8.3 miles of the Lower Passaic River, the 17-mile LPRSA, and the Newark Bay Study Area.

In 1987, the EPA selected a containment remedy for the Lister Avenue facility to prevent exposure to contaminated soils and further releases into the Passaic River. Construction of the remedy for the Lister Avenue site was carried out and completed in 2001 under the oversight of the EPA. Because in the course of the study of the 17-mile LPRSA, the sediment in the lower 8.3 miles of the river was found to be a major source of contamination for the rest of the river and Newark Bay, a plan to address that section of the river was developed, and in March 2016, the EPA announced its Record of Decision to remediate contaminated sediments found in that 8.3 mile section of the Passaic River, at an estimated cost of $1.38 billion. Over 30 years have elapsed since the identification of the shocking levels of contamination caused by the discharges from the Lister Avenue site. Exposure to even low levels of dioxin and PCBs may have long-lasting and serious health effects on people. Therefore, the State of New Jersey has a strong interest in the completion of this cleanup for the protection of the public health and the environment.