The Environmental Protection Agency (EPA) has informed Federal Newswire that a modified consent decree, related to the cleanup of the Diamond Alkali Superfund site in New Jersey, was filed on Jan. 17. The EPA stated that the funds allocated for the settlement could be utilized for a variety of purposes.
According to a statement provided by the EPA to Federal Newswire, "In December 2022, the United States filed a proposed consent decree regarding the Lower Passaic River, which is part of the Diamond Alkali Superfund Site. The proposed consent decree was subject to a 90-day public comment period. After close of the public comment period, the US carefully evaluated the public comments received and in November 2023, reported to the court that it would seek to modify the proposed consent decree in response to public comments. On January 17, 2024, in accordance with the court ordered schedule, the United States filed the modified proposed consent decree. Because the modified consent decree is part of a contested process that is before the court for its consideration, we are unable to comment further at this time."
Regarding how funds obtained through this proposed settlement would be used, EPA told Federal Newswire: "Under CERCLA (Comprehensive Environmental Response, Compensation and Liability Act), also known as the Superfund law, money recovered from parties through a settlement for the site can be used for a range of actions at the site, including by EPA or parties conducting response actions at the site under an agreement."
New Jersey Senate President Nick Scutari expressed concerns about potential misuse of funds recovered through this proposed consent decree in a press release. Scutari said: "It is important that the EPA recognizes the vital need New Jersey has to clean contaminated Superfund sites. The settlement funds should be used for remediation work at these sites and any portion of settlements used for administrative costs should be strictly limited. The actual clean-up work should be the priority."
The Senate's press release also highlighted that the original consent decree, proposed in 2022, would have required the alleged polluters to pay only $150 million out of the more than $1 billion total estimated costs for cleaning up the Superfund site. Earlier this month, the Senate approved a resolution urging the EPA to use settlement funds "exclusively for remediating the contaminated sites at issue."
As per its website, the EPA creates and enforces regulations to implement environmental laws set by Congress. It provides grants to educational institutions, state environmental programs, and other organizations for scientific studies and community cleanups. Furthermore, it operates laboratories across the country to address environmental issues.
