Bill Text: NJ SR76 | 2014-2015 | Regular Session | Introduced
Bill Title: Urges Governor to request EPA to place DuPont Pompton Lakes works site on Superfund National Priorities List.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2014-06-19 - Withdrawn from Consideration [SR76 Detail]
Download: New_Jersey-2014-SR76-Introduced.html
Sponsored by:
Senator PETER J. BARNES, III
District 18 (Middlesex)
SYNOPSIS
Urges Governor to request EPA to place DuPont Pompton Lakes works site on Superfund National Priorities List.
CURRENT VERSION OF TEXT
As introduced.
A Senate Resolution urging the Governor to request that the United States Environmental Protection Agency place the DuPont Pompton Lakes works site on the Superfund National Priorities List.
Whereas, E.I. DuPont De Nemours and Company (DuPont) occupies approximately 570 acres of land in Pompton Lakes, New Jersey, near residential and commercial areas; and
Whereas, Between 1902 and 1994, DuPont manufactured lead azide, aluminum, and bronze shelled blasting caps and produced metal wires and aluminum and copper shells; and
Whereas, DuPont's manufacturing and waste management processes on site resulted in the release of lead, mercury, and volatile organic compounds (VOCs) into the soil, sediment, and groundwater; and
Whereas, Over time, these harmful materials migrated off-site, contaminating soil and groundwater in hundreds of residential properties near the DuPont facility; and
Whereas, Although soil remediation was conducted both on and off-site in the mid-1990s, the United States Environmental Protection Agency (EPA) has stated that additional sediment investigation and remediation of the area is required; and
Whereas, Although a groundwater treatment system was installed in 1998, significant concentrations of VOCs, including the probable carcinogens tetrachloroethylene (PCE) and trichloroethylene (TCE), remain in the DuPont groundwater plume; and
Whereas, In 2008, DuPont discovered that significant quantities of PCE and TCE were contaminating the indoor air of over 400 homes by a process known as "vapor intrusion"; and
Whereas, The New Jersey Department of Health (DOH) has stated that Pompton Lake residents may be exposed to VOCs while spending time in their basements, and that such exposure, in the absence of mitigation systems, may harm people's health; and
Whereas, In a 2009 study assessing the cancer incidence in Pompton Lakes for a 28-year period, the DOH found that kidney cancer was higher than expected in females, and non-Hodgkin lymphoma (NHL) was higher than expected in males; and
Whereas, While declining to find a causal relationship, the DOH stated that potential exposures to TCE and PCE from the groundwater plume cannot be ruled out as a potential cause of the elevated kidney and NHL cancers; and
Whereas, These reports raise significant questions as to the effectiveness of the ongoing clean-up efforts, and suggest that greater federal oversight is necessary to ensure the health and safety of Pompton Lakes residents; and
Whereas, Since 1988, cleanup of the DuPont Pompton lakes works site has been administered primarily by the New Jersey Department of Environmental Protection (DEP); and
Whereas, The "Comprehensive Environmental Response, Compensation, and Liability Act of 1980" (CERCLA), also known as Superfund, is a federal program established to address dangerous hazardous waste sites; and
Whereas, Sites that pose a significant threat to human health and the environment are placed on the National Priorities List (NPL), which qualifies the sites for federal funding and guides the EPA in conducting further investigation and remediation; and
Whereas, The EPA will generally list a qualifying site on the NPL at the request of a State or community and, in either case, requests the Governor's concurrence for the listing; and
Whereas, Designating the DuPont Pompton Lakes works site as a national priority under CERCLA may provide additional federal funding and resources, and ensure a more thorough investigation and remediation takes place; and
Whereas, Community groups and civic leaders have urged the Governor to place the DuPont Pompton Lakes works site on the NPL, and an online petition supporting the designation has already received 12,770 signatures; now, therefore,
Be It Resolved by the Senate of the State of New Jersey:
1. The Governor is urged to request that the United States Environmental Protection Agency place the DuPont Pompton Lakes works site on the Superfund National Priorities List in order to best protect the health and safety of Pompton Lake residents and the environment.
2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Secretary of the Senate to the Governor, the Commissioner of the New Jersey Department of Environmental Protection, the Administrator of the United States Environmental Protection Agency, the Regional Administrator of Region II of the United States Environmental Protection Agency, and each member of the United States Congress elected from this State.
STATEMENT
This resolution urges the Governor to request that the United States Environmental Protection Agency (EPA) place the DuPont Pompton Lakes works site on the Superfund National Priorities List (NPL).
Between 1902 and 1994, E.I. DuPont De Nemours & Company (DuPont) manufactured explosives on a 570-acre site in Pompton Lakes, New Jersey. During that time, DuPont released lead, mercury, and volatile organic compounds (VOCs) into the soil, sediment, and groundwater. Over time, these materials migrated off-site, contaminating soil and groundwater in hundreds of residential properties near the facility. Although soil and groundwater remediation efforts were conducted, significant quantities of these harmful materials still exist in the Pompton Lakes soil and groundwater plume. Among these materials are the probable carcinogens tetrachloroethylene (PCE) and trichloroethylene (TCE).
In 2008, DuPont discovered that PCE and TCE were contaminating the indoor air of over 400 homes by a process known as "vapor intrusion." The New Jersey Department of Health (DOH) stated in a report that Pompton Lakes residents may be exposed to these materials while spending time in their basements, and that such exposure, in the absence of mitigating systems, may harm people's health. In a 2009 study, the DOH found higher incidences of kidney cancer in women and non-Hodgkin lymphoma (NHL) in men. While declining to find a causal relationship, the DOH stated that potential exposures to TCE and PCE from the groundwater plume cannot be ruled out as a potential cause of the elevated kidney and NHL cancers. These reports raise significant questions as to the effectiveness of ongoing clean-up efforts, and suggest that greater federal oversight is necessary to ensure the health and safety of Pompton residents.
For the past 25 years, cleanup of the DuPont Pompton Lakes works site has been administered primarily by the New Jersey Department of Environmental Protection. This resolution would urge the Governor to place the Pompton Lakes works site under the control of the federal government via the "Comprehensive Environmental Response, Compensation, and Liability Act of 1980" (CERCLA), also known as Superfund. Sites that pose a significant threat to human health, like Pompton Lakes, are placed on the National Priorities List, which qualifies the site for federal funding, and guides the EPA in taking further action. Designating the DuPont Pompton Lakes works site as a national priority under CERCLA may provide additional federal funding and resources, and ensure a more thorough investigation and remediation takes place. Community groups, civic leaders, and citizens have all expressed support for this designation.
