Eric Moses, a spokesperson for the global chemical manufacturer OxyChem, has voiced concerns about the settlement process for the Diamond Alkali Superfund site. In a statement to Federal Newswire, Moses claimed that the process has attempted to bypass the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The Superfund site in question is located in New Jersey and encompasses the Lower Passaic River.
"This is an unprecedented process in many ways," said Moses. "The process is an end run around CERCLA, which clearly gives OxyChem the right to recover costs from polluters who refuse to participate in the cleanup and pay their fair share. The settlement relies on a non-scientific 'report' assigning liability that (1) is not permitted to be used in court under CERCLA and (2) was drafted by a former EPA employee, who let the settling parties determine their own liability and edit the document. The process pursues a settlement that assigns money to EPA and none to the actual clean up."
The Environmental Protection Agency (EPA) explains that Congress enacted CERCLA in 1980. This legislation gave federal authorities the power to intervene when hazardous material releases threatened public health or environmental safety. CERCLA established regulations for abandoned hazardous waste sites and assigned liability to responsible parties. It also authorized both short-term removals of waste and long-term remedial responses.
The Diamond Alkali Superfund Site is one of the most contaminated sites listed on the EPA's National Priorities List, as previously reported by Federal Newswire. Despite an estimated cleanup cost of $1.8 billion, a proposed consent agreement released by EPA in 2022 would have 85 polluters contribute only $150 million towards cleanup costs. This arrangement raises concerns that New Jersey taxpayers will shoulder most of this financial burden.
In December 2023, the U.S. Department of Justice (DOJ) announced that, after evaluating public comments, certain aspects of the proposed consent agreement "should be modified," according to a court filing.
A website called "Passaic River Clean-Up" suggests that taxpayers in 42 New Jersey towns could potentially bear the cost of cleaning up the Superfund site. The website also states that OxyChem made several offers to the EPA in 2022 to design and initiate cleanup efforts for the Passaic River, but these offers were not accepted.
Occidental Chemical Corporation, commonly known as OxyChem, is a global chemical manufacturer, as per ChemPoint. The company produces chemicals used in various products such as electronics, pharmaceuticals, and disinfectants. Headquartered in Texas, OxyChem operates throughout the United States and in six other countries.
