RiverSuperfundNJ

Commissioner LaTourette Announces NJDEP Will Pursue Cleanup Of Lower Hackensack River As A Federal Superfund Site

As seen on: www.nj.gov/dep
Press Release

Superfund Designation Would Be First Of Its Kind For New Jersey, Spurring Remediation Of 23-Mile Stretch Of River

(21/P024) TRENTON – New Jersey Department of Environmental Protection Commissioner Shawn M. LaTourette today was joined by Congressional leaders and local officials in announcing that the State will pursue the cleanup of the Lower Hackensack River as a federal Superfund site. This would be the first time that a New Jersey river itself would be proposed for Superfund listing and marks a critical step toward remediation of river sediments contaminated with mercury, polycyclic aromatic hydrocarbons, and other pollutants from past industrial practices.

Link to full press release

EPA Updates Superfund National Priorities List to Clean Up Pollution, Address Public Health Risks, and Build a Better America

The federal Environmental Protection Agency has taken another big step forward to add the lower Hackensack River to the federal Superfund list. The likely designation, coming after a 60-day comment period that started March 17, 2022, comes with an enormous impact. The River will join 152 other sites in New Jersey already on the Superfund list undergoing remediation. Nearby businesses, municipalities and residents will receive significantly increased attention by state and federal enforcement authorities as they undertake efforts to clean up the pervasive heavy metal and toxic materials in the river to restore it to clean status. The environmental law team at Sills Cummis & Gross P.C. has been monitoring this closely for years as it has gone through the decade-long process to get to this listing. We are prepared to provide assistance if you receive a notice and want to determine your rights and responsibilities.

#SuperFund #NPL #Environmental #Remediation #Cleanup #Contamination #HeavyMetals #Toxins #NoticeLetter

Related Press Release: EPA Updates Superfund National Priorities List to Clean Up Pollution, Address Public Health Risks, and Build a Better America

Related NJ.com Article: Lower Hackensack River to be added to list of EPA Superfund sites

 

Pascrell Leads New Jersey Colleagues Pushing EPA to Advance Hackensack River Cleanup

As seen on: InsiderNJ.com
Press Release

Congressmembers support state efforts to prioritize North Jersey watershed

WASHINGTON, DC – U.S. Rep. Bill Pascrell, Jr. (D-NJ-09) today led his colleagues in calling on the U.S. Environmental Protection Agency (EPA) to include the Lower Hackensack River on the National Priorities list and then commence the Superfund cleanup process of the contaminated body of water. The letter is signed by Reps. Pascrell, Josh Gottheimer (D-NJ-05), Frank Pallone, Jr. (D-NJ-06), Albio Sires (D-NJ-08), and Donald Payne, Jr. (D-NJ-10).

Link to full press release

Hackensack City Council Approves River Cleanup Support

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As seen on: NorthJersey.com
By Rodrigo Torrejon

 

The City Council voted in support of an environmental group’s push to have the Hackensack River listed as a site in dire need of cleanup.

By approving the resolution, the City Council will now lend its support to the Hackensack Riverkeeper’s push on the state Department of Environmental Protection to designate the river as part of the Superfund program, which funds cleanups of contaminated sites.

Link to full article

Congressmen Urge Swift Decision on Hackensack River

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As seen on: NorthJersey.com
By James M. O'Neill

 

Two North Jersey congressmen sent a letter to the head of the Environmental Protection Agency on Monday, urging that the agency move swiftly to determine if the contaminated Hackensack River should be added to the Superfund program.

The Record reported recently that hundreds of sediment samples taken from the Hackensack indicate that the riverbed is laced for 22 miles with a toxic cocktail made up of dozens of contaminants, from its mouth in Newark Bay up to the Oradell Reservoir.

Link to full article

DUST OFF THOSE POLICIES:

EPA Notice Letters Trigger Insurance Coverage

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By Andrew B. Robins, Esq. 

 

A New Jersey court recently held that the receipt of a U.S. Environmental Protection Agency (“EPA”) General Notice Letter (“GNL”) pursuant to the Comprehensive Environmental Response Compensation and Liability Act of 1980 (“CERCLA”) triggers an insurer carrier’s duty to defend. Cooper Industries LLC v. Employers Insurance of Wausau A Mutual Co., et al, case number L-9284-11.

GNLs inform recipients that they are:

• identified as PRPs at Superfund sites,
• that they may be liable for cleanup costs at the site, and
• explain the process for negotiating the cleanup with EPA.

In addition, GNLs provide information on CERCLA, the site, and may include a request for additional information.

In holding that a GNL is a “suit” which creates defense obligations, the Court relied on the fact that EPA threatened to bring enforcement proceedings against the insured if it failed to cooperate. The EPA issued the GNL which identified the insured as a potentially responsible party (“PRP”) for the pollution in the 17-stretch of the lower Passaic River and urged the insured to join a cooperative parties group participating in the investigation of the river.

The Court noted that a GNL uses the threat of legal proceedings to coerce payment or conduct by a policyholder, bringing the letter within the definition of a suit as defined in the policies. Due to CERCLA’s coercive nature, the Court found it would be naïve to consider EPA’s letter as a request for a voluntary action.

Therefore, the Court ruled EPA's issuance of a GNL can be said to establish a potentially covered claim within the meaning of the policy, and the Court ruled carriers have the burden of proving the application of the pollution exclusion.

As a result of this ruling, recipients of an EPA General Notice Letter should immediately notify their carriers and seek the advice of legal counsel.

Related Posts

EPA Releases Cleanup Strategy for the Lower 8.3 Miles of the Lower Passaic River

ONE DOWN, MORE THAN A HUNDRED TO GO:
EPA Finalizes $165 Million Agreement to Begin the Cleanup of the Lower Eight Miles of the Passaic River

The Hackensack River Flows Closer to a Superfund Listing

The Hackensack River Flows Closer to a Superfund Listing

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By Andrew B. Robins, Esq.

 

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.

Related Posts

EPA Releases Cleanup Strategy for the Lower 8.3 Miles of the Lower Passaic River