The United States Environmental Protection Agency (“EPA”) recently completed the collection of approximately 370 samples of sediment from the Hackensack River to assist EPA in the evaluation of the pollution in the riverbed. EPA will use this information to determine whether the Hackensack should become a Superfund site.
EPA previously performed a Preliminary Assessment (“PA”) of the Lower Hackensack River, which is the 17-mile stretch of the river between the Oradell Dam and the mouth of the river in Newark Bay. The purpose of the PA was to determine if sediment contamination present in the Bergen & Hudson county stretch of the Hackensack River is a threat to human health and the environment.
During EPA’s investigation, EPA identified elevated levels of cadmium, lead, mercury, cancer-causing dioxin, and PCBs. As a result of the information collected during the PA, EPA assigned the river a preliminary Hazard Ranking System score of 50, which is above the minimum score of 28.5 required for a site to be placed on the National Priorities List (“NPL”). Placement on the NPL is the first hurdle to overcome in order for a site to be named as a Superfund Site.
It is highly likely the recent sampling results will deem the Hackensack River worthy of a listing on the NPL. Also, in light of EPA’s focus on contaminated waterways, the probability is high that the Hackensack River will join the ever growing list of Superfund sediment mega-sites. As is common with sediment mega-sites, EPA has already identified over 900 sites EPA considers to be “potential sources of contamination.” This is due in large part to the tidal estuary which causes both an upstream and downstream flow of both contaminated water and sediment.
Sills Cummis & Gross P.C. will continue to monitor EPA’s investigation into the Hackensack River. Contact us to discuss the lessons we have learned from our time spent working with EPA on river sediment mega-sites, which include the following:
- Identifying the right defense group;
- Placing insurance carriers on notice;
- Retaining qualified consultants prior to their retention by other parties; and
- Thoroughly evaluating successor liability.
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