EPA's Ill-Advised Settlement for Clean Up of Passaic River

New Jersey has more Superfund sites on the Environmental Protection Agency’s (EPA) priority list than any other state, which means communities across the state have much at stake in every single Superfund clean up settlement. While I live in South Jersey and am active in sustainability measures in my town, the EPA’s recently proposed settlement for the cleanup of the Passaic River in North Jersey causes me great concern. This flawed settlement doesn’t follow the federal Superfund law, letting several polluters off the hook. Not only is this unfair to those living near the Passaic who have been waiting decades for its cleanup, it sets a dangerous precedent for all communities with Superfund sites throughout the Garden State.

The proposed settlement only partially penalizes a portion of the more than 100 companies who polluted the Passaic, allowing these polluters to pay only $150 million towards the estimated $2 billion, multi-decade cleanup. This settlement fails to hold polluters fully accountable for the damage they've caused, and is an insult to public health, our environment, and our wallets.

Adding to the outrage is the loophole allowing the EPA to divert funds intended for the Passaic's cleanup to other purposes. A recent New Jersey Assembly and Senate Resolution calling for every settlement dollar to be dedicated to restoring the Passaic River, exposed this lack of transparency and accountability.

The Department of Justice's (DOJ) decision to not follow the normal process and plow ahead with a settlement with 85 of the polluters will lead to other parties suing, causing more delays to clean up the Passaic. The EPA must follow the normal Superfund process in order to avoid additional delays and lawsuits.

The solution is clear: Follow the Superfund law and hold polluters accountable. Make every company pay their fair share, and expedite the cleanup process. This is about protecting taxpayers, ensuring polluters face the consequences of their actions, and delivering justice to the communities who've suffered as a result of these polluters’ disregard for their well-being. This proposed settlement for the clean up of the Passaic River is not just a North Jersey problem. If it’s approved as is, communities across the state should be on notice because polluters will think they have the upper hand.

Tracy Gahagan