One of the main polluters responsible for contaminating the Passaic River with dioxin is trying to dodge the financial responsibility of the clean-up by filing bankruptcy. Argentina’s state-run oil company, YPF SA, the parent company of Maxus Energy is responsible for part of the $1.38 billion or more cleanup, but is now declaring one of its key subsidiaries bankrupt. The Passaic River is one of the nation’s most seriously contaminated bodies of water. However, we are concerned with the EPA’s final clean-up plan because it includes dredging and capping sediment contains dioxins, PCBs, mercury and other toxins without full removal and restoration. Even though we do not support the clean-up plan, nothing may get done if YPF SA files bankruptcy and backs out of paying for a clean-up. The Senate and Assembly environmental committees held a joint hearing today in Lyndhurst concerning how to make sure the company pays for the clean-up.

“For more than 40 years, the people living along the Passaic River have had to live through a toxic nightmare. We are concerned with all the games going on that the nightmare will continue. The company that owned the Diamond Alkai Plant in Newark, Maxus Energy is trying to back out of cleaning-up decades of pollution by filing for bankruptcy. This should raise concern because there may not be any money to clean-up this toxic site. What these companies are doing is absolutely shameful because first they poisoned our communities, then they poisoned the River and now they are finding ways to get around the mess they made,” said Jeff Tittel, Director of the New Jersey Sierra Club. “Maxus Energy as well as other companies responsible for this contamination are trying use bankruptcy as a shield to get rid of their financial responsibility. They are really being cynical because first they polluted our environment and now are playing games with the clean-up. We believe polluters should be held responsible and pay. We cannot let them get away with poisoning our people.”

Maxus filed for bankruptcy in June 2016, three months after the U.S. Environmental Protection Agency announced the $1.38 billion cleanup. Since then, the EPA has announced a $165 million agreement with Occidental Chemical Corporation, one of the parties responsible for the Lower Passaic River contamination to move forward with their plan. The EPA’s plan will not only fail, but is only for 8.3 miles of the Diamond Alkali Superfund site and leaves out the 9 other miles. Out of the 8.3 miles being dredged 2.5 feet instead of 12 to 30 feet and the rest of the toxins are being capped. The EPA’s plan calls for about 20 percent less contaminated river mud to be removed, which is only 3.5 million cubic yards and drops the cost from $1.7 billion to about $1.38 billion. According to the Court case, the Court said that these companies are liable for a $4 billion clean-up of the lower eight miles of the Passaic River.

“The EPA’s current clean-up plan was a compromise to try to get the polluters on board with their plan, but it is not thorough enough and capping may not work. However, our concern now is the polluters are now trying to avoid ways to implement that clean-up plan so nothing will get done to protect the River. It is shameful that they are trying to find ways to dodge their responsibility,” said Jeff Tittel. “The EPA’s plan to remove toxic contamination in the Passaic River was for a lot less money and a lot less clean-up. According to the original Court case, the Court said that these companies are liable for a $4 billion clean-up of the lower eight miles of the Passaic River. The EPA’s plan calls for about 20 percent less contaminated river mud to be removed, which is only 3.5 million cubic yards and drops the cost from $1.7 billion to about $1.38 billion. Even though Occidental have even offered $165 million, we believe the current plan is a compromise because it is not thorough enough. If Maxus Energy doesn’t pay there may not be a plan to clean-up the River at all.”

The Diamond Alkali plant manufactured pesticides, weed killers, and Agent Orange, the defoliant used during the Vietnam War. The process of making Agent Orange required large quantities of dioxin. Dioxin is an extremely harmful substance not only to humans, but to the ecosystem as well. Dioxin from this site has been found in fish all the way down to Florida. This dangerous toxin needs to be fully removed from the River to protect not only our environment, but public health.

“We are concerned that with the Trump Administration cutting back the Superfund program, the EPA won’t enforce this relatively weak clean-up plan and the polluters will be able to delay and get away with this all over again. While the polluters have delayed this clean-up, toxins keep spreading into people, waterways, and the fish that people eat. They may be sitting back and letting the contamination keep spreading so there are no hotspots to show the worst areas that need to be cleaned-up,” said Jeff Tittel. “The Agent Orange from the Diamond Alkali plant has not only hurt people and destroyed the environment in Vietnam, but people here in Newark because of this Superfund site. The problem is that EPA’s plan includes capping, which like cleaning up a spill by putting a rug on top of it. This is only 8.3 miles so it doesn’t really address all of the contamination. This plan is dangerous because caps on a moving River will fail, while springs and sediments will leach out of the seal. We are concerned the cap won’t work and they should clean up the entire 17 miles. Capping is cheaper, but for a River that is tidal and floods it is only a matter of time before it will fail.”

The New Jersey Sierra Club was part of the Citizens Advisory Group (CAD) and originally advocated for Alternative 2 to fully clean-up the contamination. The New Jersey Sierra Club was part of the Citizens Advisory Group (CAD) and continues to call on the EPA for a full removal of the contamination to restore the environment and protect public health.

“The polluters responsible for dioxin and other contaminants in the Passaic River must be held accountable. Otherwise, the people living in Newark and along the River will be left to suffer. The state of New Jersey needs to go back and sue against these polluters and the Christie Administration has never even filed a Natural Resource Damage claim, while there is still $140 million dollars being stolen for the budget. This is unconscionable because they have actually waited 40 years for a real clean-up and it looks like we will be waiting more,” said Jeff Tittel, Director of the New Jersey Sierra Club. “My family has been from the Ironbound section of Newark for generations. Our communities were victimized first by the disposal of dioxin in the River and now they are being threatened with more delays and inaction. That is why we need the legislature to step in. We support the resolution for a full clean-up of all the toxins in the Passaic River to adequately protect people and the environment. Polluters must pay their fair share because otherwise our communities will be left polluted.”

Contact Jeff Tittel, 609-558-9100