ASSEMBLY RESOLUTION No. 153 STATE OF NEW JERSEY. 218th LEGISLATURE INTRODUCED APRIL 5, 2018

Transcription

1 ASSEMBLY RESOLUTION No. STATE OF NEW JERSEY th LEGISLATURE INTRODUCED APRIL, 0 Sponsored by: Assemblyman TIM EUSTACE District (Bergen and Passaic) Assemblyman JOHN F. MCKEON District (Essex and Morris) Assemblywoman VALERIE VAINIERI HUTTLE District (Bergen) SYNOPSIS Urges EPA to designate DuPont site in Passaic as federal Superfund site. CURRENT VERSION OF TEXT As introduced. (Sponsorship Updated As Of: //0)

2 AR EUSTACE, MCKEON AN ASSEMBLY RESOLUTION urging the United States Environmental Protection Agency to designate DuPont site in Passaic County as a federal Superfund site. WHEREAS, The Chemours Pompton Lakes Works site is located in Passaic County, New Jersey and was formerly owned by the E.I. DuPont de Nemours & Company and is commonly referred to as the DuPont Pompton Lakes Works site (DuPont site); and WHEREAS, The DuPont site occupies approximately acres in Pompton Lakes Borough and Wanaque Borough, and two major drainage areas, the Wanaque River and Acid Brook, run through the site; and WHEREAS, The DuPont site is situated in a predominantly residential and commercial area, but is also located near undeveloped areas, Interstate Highway Route, and State-owned forest; and WHEREAS, The DuPont site operated between and and manufactured lead azide, aluminum, and bronze shelled blasting caps, metal wires, and aluminum and copper shells; and WHEREAS, Historic manufacturing and waste management practices resulted in contamination of on-site and off-site soils, sediments, and ground water; and WHEREAS, Soils and sediments in Acid Brook and the surrounding flood plain leading to Pompton Lake are contaminated with lead and mercury, soils contaminated with the same substances were identified at several residential properties located along Acid Brook, and discharges from the site also contaminated sediments in the Wanaque River; and WHEREAS, Ground water is contaminated with chlorinated volatile organic compounds, primarily perchloroethylene (PCE) and trichloroethylene (TCE), and a plume of contaminated ground water has migrated in a southeasterly direction into a residential area between the DuPont site and Pompton Lake; and WHEREAS, The plume of contaminated groundwater with the cancer causing solvents PCE and TCE has lurked beneath 00 homes for decades; and WHEREAS, Due to the widespread on-site and off-site contamination, the Department of Environmental Protection (DEP) and the United States Environmental Protection Agency (USEPA) have required Chemours to thoroughly investigate the extent of the contamination at the facility and off-site areas and implement appropriate remedial actions; and WHEREAS, The USEPA and the DEP are coordinating regulatory reviews of all required reports and work plans and significant investigation and remediation has been conducted for the soils, sediments, and ground water; and WHEREAS, In 00, sub-slab soil gas testing performed by Chemours revealed there were elevated levels of site-related chlorinated volatile organic compounds, such as PCE and TCE, in the soil gas

3 AR EUSTACE, MCKEON beneath homes situated above the off-site shallow ground water contamination plume; and WHEREAS, Since 0, portions of Pompton Lake have been undergoing remediation to remove contaminated soils and sediments, but additional remedial actions are required to fully address the historic site discharges and health risks to residents of the contaminated areas; and WHEREAS, The Comprehensive Environmental Response, Compensation, and Liability Act of (CERCLA), also known as Superfund, is a federal program established to address dangerous hazardous waste sites; and WHEREAS, Sites that pose a significant threat to human health and the environment are placed on the National Priorities List (NPL), which qualifies the sites for federal funding and guides the USEPA in conducting further investigation and remediation; and WHEREAS, The USEPA will generally list a qualifying site on the NPL at the request of a State or community and, in either case, requests the Governor s concurrence for the listing; and WHEREAS, Designating the DuPont site as a national priority under CERCLA may provide additional federal funding and resources, and ensure a more thorough investigation and remediation takes place; and WHEREAS, It is therefore imperative for the USEPA to designate the DuPont site as a Superfund site; now, therefore, BE IT RESOLVED by the General Assembly of the State of New Jersey:. The Administrator of the United States Environmental Protection Agency is respectfully requested to designate the Chemours Pompton Lakes Works site, commonly referred to as the DuPont Pompton Lakes Works site in Passaic County, New Jersey, as a federal Superfund site.. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the General Assembly to the Administrator of the United States Environmental Protection Agency, the Regean II Administration of the United States Environmental Protection Agency, each member of Congress elected from the State of New Jersey, the Commissioner of the New Jersey Department of Environmental Protection, and the governing bodies of Pompton Lakes Borough, Wanaque Borough, and Passaic County, New Jersey.

4 AR EUSTACE, MCKEON STATEMENT This resolution respectfully requests the Administrator of the United States Environmental Protection Agency to designate the Chemours Pompton Lakes Works site, commonly referred to as the DuPont Pompton Lakes Works site and located in Passaic County, as a federal Superfund site. The Chemours Pompton Lakes Works site was formerly owned by the E.I. DuPont de Nemours & Company and is commonly referred to as the DuPont Pompton Lakes Works site (DuPont site). The DuPont site occupies approximately acres in Pompton Lakes Borough and Wanaque Borough, and two major drainage areas, the Wanaque River and Acid Brook, run through the site. The DuPont site is situated in a predominantly residential and commercial area, but is also located near undeveloped areas, Interstate Highway Route, and State-owned forest. The DuPont site operated between and and manufactured lead azide, aluminum, and bronze shelled blasting caps, metal wires, and aluminum and copper shells. Historic manufacturing and waste management practices resulted in contamination of on-site and off-site soils, sediments, and ground water. Soils and sediments in Acid Brook and the surrounding flood plain leading to Pompton Lake are contaminated with lead and mercury, soils contaminated with the same substances were identified at several residential properties located along Acid Brook, and discharges from the site also contaminated sediments in the Wanaque River. Furthermore, ground water is contaminated with chlorinated volatile organic compounds, primarily perchloroethylene (PCE) and trichloroethylene (TCE), and a plume of contaminated ground water has migrated in a southeasterly direction into a residential area between the DuPont site and Pompton Lake. The plume of contaminated groundwater with the cancer causing solvents PCE and TCE has lurked beneath 00 homes for decades. Due to the widespread on-site and off-site contamination, the Department of Environmental Protection (DEP) and the United States Environmental Protection Agency (USEPA) have required Chemours to thoroughly investigate the extent of the contamination at the facility and off-site areas and implement appropriate remedial actions. The USEPA and the DEP are coordinating regulatory reviews of all required reports and work plans and significant investigation and remediation has been conducted for the soils, sediments, and ground water. In 00, sub-slab soil gas testing performed by Chemours revealed there were elevated levels of site-related chlorinated volatile organic compounds, such as PCE and TCE, in the soil gas beneath homes situated above the off-site shallow ground water contamination plume. Since 0, portions of Pompton Lake have been undergoing remediation to remove contaminated soils and sediments, but

5 AR EUSTACE, MCKEON additional remedial actions are required to fully address the historic site discharges and health risks to residents of the contaminated areas. The Comprehensive Environmental Response, Compensation, and Liability Act of (CERCLA), also known as Superfund, is a federal program established to address dangerous hazardous waste sites. Sites that pose a significant threat to human health and the environment are placed on the National Priorities List (NPL), which qualifies the sites for federal funding and guides the USEPA in conducting further investigation and remediation. The USEPA will generally list a qualifying site on the NPL at the request of a State or community and, in either case, requests the Governor s concurrence for the listing. Designating the DuPont site as a national priority under CERCLA may provide additional federal funding and resources, and ensure a more thorough investigation and remediation takes place.