EPA Finalizes $165 Million Agreement to Begin the Cleanup of the Lower Eight Miles of the Passaic River
The United States Environmental Protection Agency (“EPA”) recently announced an agreement with Occidental Chemical Corporation (“OxyChem”), one of over 100 entities identified as potentially responsible parties (“PRPs”) for the contamination in the lower Passaic River, to conduct the engineering and design work required to begin the implementation of EPA’s proposed remedy for the lower 8.3 miles of the Passaic River. This scope of work will involve sampling, evaluating technologies, and performing the engineering work necessary to begin the physical cleanup.
More specifically, OxyChem will:
- Develop an overall project management plan to complete all work needed prior to and during the cleanup;
- Submit to EPA a design plan that includes work plans and technical approaches for implementing all design activities;
- Submit field sampling and quality assurance plans for EPA approval for the purposes of designing the dredging plan and the engineered cap;
- Submit a site-wide plan to monitor water and air quality during the cleanup;
- Identify and select a site or sites for the sediment processing facility; and
- Perform studies to evaluate enhanced capping technologies.
OxyChem also agreed to pay EPA’s oversight costs, which is a typical component of EPA settlement agreements. It is important to note, both EPA and OxyChem reserved their rights under Section 113 of the Comprehensive Environmental Response Compensation and Liability Act of 1980 to bring contribution claims against other PRPs for costs associated with the cleanup. In addition to its settlement with OxyChem, EPA has already stated it will seek agreements with other PRPs to fund the cleanup of the lower 8.3 miles of the river as well as the rest of the Lower Passaic River Study Area.
Interested parties must remember this is only the beginning. EPA has yet to issue a Record of Decision for the contamination in the sediments in the upper 9 miles of the lower Passaic River, the water column of the entire 17 miles of the river and the entire Newark Bay Study Area. As we have stated in previous posts, the remedies for these operable units have yet to be developed and the total costs are unknown at this time.
Previously identified PRPs continue to seek out additional parties to help foot the tremendous bill for this cleanup. Sills Cummis & Gross P.C. will continue to monitor EPA’s investigation into the lower Passaic River, as well as the rest of the Diamond Alkali Superfund Site. If you believe you or your organization may have exposure with this ongoing cleanup, contact us to evaluate the scope of your potential liability
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