NEW YORK – The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice (DOJ) have extended the public comment period on a proposed consent decree to March 22, 2023. The agreement involves 85 potentially responsible parties who will be required to pay a total of $150 million to support the cleanup and resolve their liability for discharging hazardous substances into the Lower Passaic River, which is part of the Diamond Alkali Superfund Site in Newark, New Jersey.
EPA and DOJ alleged that these 85 parties are responsible for releases of hazardous substances into the Lower Passaic River, contaminating the 17-mile tidal stretch, including the lower 8.3 miles. The proposed consent decree seeks to hold the parties accountable for their share of the total cost of cleaning up this stretch of the river.
On behalf of EPA, DOJ lodged the consent decree with the U.S. District Court for the District of New Jersey. If and when the settlement becomes final, 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 9 miles which make up the entire 17-mile Lower Passaic River Study Area. In addition to the proposed consent decree, 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 EPA of millions of dollars.
This consent decree is subject to a 90-day public comment period that began in December 2022 and ends on March 22, 2023 and is available for public review on the Justice Department website. The original comment period was scheduled to close on February 5, 2023.
After the close of the comment period, 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.
For additional information and site background, visit Diamond Alkali Superfund Profile Page.
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