In 2022, OxyChem made a series of offers to the EPA to design and implement EPA’s approach to clean up the river. Work would have begun immediately and cost taxpayers nothing.
The EPA ignored us. In December, the EPA and Department of Justice asked a federal court to approve its proposed settlement agreement with 85 companies the EPA recognizes polluted the Passaic River over the last 150 years.
If approved, the agreement would let those companies off the hook for just $150 million. Not one penny would actually go to clean-up of the river. This means nearly all the $1.82 billion clean-up cost is pinned on a handful of parties, including New Jersey communities.
That’s wrong.
If you agree, act now. Reach out to your elected officials.
Read OxyChem’s opposition to the proposed settlement here.
See what we’re doing to clean the Passaic River
How EPA’s settlement affects New Jersey.
The EPA estimates the total cost for the clean-up of the Passaic River to be $1.82 billion, yet its proposed settlement doesn’t require any polluter to clean up anything.
The result:
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New Jersey taxpayers could be forced to pay hundreds of millions of dollars to cover the settling companies’ share of the clean-up.
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The settling companies write a check and walk away.
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Clean-up of the Passaic River will be further delayed.
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Companies will be discouraged from doing the right thing for future clean-ups.
The problem in numbers.
OxyChem has been leading the effort to remedy and revitalize the Passaic River even though OxyChem itself did not cause the pollution. There is still a lot of work to be done. Here’s how the numbers break down.
150 years
Length of time industries have been polluting the river
100+
Companies responsible for polluting the Passaic River
$1.82 billion
Approximate cost to clean up the Passaic River
42 towns
On the hook if the EPA’s settlement is approved
8.3 miles
Clean-up plan already developed by OxyChem
9 miles
Remaining portion of the river where no clean-up work is being performed, despite OxyChem’s January & June 2022 offers to do so
What others are saying
Resources
Court Faces Early Test On Effects Of High Court Rulings On CERCLA Deals
via InsideEPA.com
InsideEPA reports on the New Jersey federal court grappling with the implications of recent Supreme Court rulings on administrative law as it reviews a contested $150 million Superfund settlement for the Diamond Alkali site.
Op-ed: It’s time for EPA to end settlement secrecy over Passaic River cleanup
via njspotlightnews.org
An Op-ed authored by Robert Peterson on September 20th covering inconsistencies with EPA’s proposed settlement with the companies that polluted the Passaic River.
How EPA’s settlement affects New Jersey
80kb PDF
A letter from Passaic Valley Sewerage Commission (“PVSC”) commenting on the proposed consent decree lodged by the DOJ on December 16, 2022.
Lower 8.3 Miles – Design Progress Update
via ourpassiac.org
Remedial Design Progress Update of the lower 8.3 miles of the Passaic River.
Frequently Asked Questions
812kb PDF
Answers to Frequently Asked Questions about the Passaic River Superfund Site, last updated April 10, 2023.
OxyChem Comment Letter: Executive Summary
239kb PDF
Summary of OxyChem’s comment letter submitted to EPA and DOJ on March 22, 2023 opposing EPA’s proposed settlement.
OxyChem Comment Letter Opposing EPA’s Proposed Settlement
13,287kb PDF
Full-text of OxyChem’s March 22, 2023 comment letter to EPA and DOJ opposing EPA’s proposed settlement.
Op-Ed: EPA is taking New Jerseyans to the cleaners
via LinkedIn
Article published via LinkedIn by OxyChem CEO Neil Ackerman on March 2, 2023.
Op-Ed: EPA should protect Passaic River, not polluters
via njspotlightnews.org
Op-ed published in NJ Spotlight News offering an overview of OxyChem’s rejected offer to the EPA to clean up the river.
Cost of Cleanup Infographic
1,219kb PDF
Breakdown of financial responsibility for the Passaic River Superfund Site under the EPA’s current proposal.
Passaic River Site Timeline
2,570kb PDF
Overview of the history of the Passaic River Superfund site from the 1980s to today, including OxyChem’s recent offer to the EPA.