NJ Sues Solvay for Toxic Mess- Puts Force Back into Enforcement

For Immediate Release
Contact: Jeff Tittel, NJ Sierra Club, 609-558-9100

Today, DEP Commissioner McCabe and Attorney General Grewal announced the filing of the state’s lawsuit against Solvay Specialty Polymers USA, LLC and Arkema Inc., two companies responsible for widespread contamination from toxic per- and polyfluoroalkyl substances (PFAS) emanating from its facility in West Deptford, Gloucester County which has contaminated public drinking water in the region. The lawsuit compels the cleanup of contamination and recover of Natural Resource Damages. In addition to PFAS contamination, the complaint alleges that Solvay and prior owner Arkema, Inc. are responsible for contamination from such “conventional” pollutants as volatile organic compounds (VOCs), polychlorinated biphenyls (PCBs), and numerous metals at the property and into the Delaware River. 

“New Jersey is holding Solvay and Arkema accountable for the toxic mess they created in Paulsboro. The DEP is requiring a full cleanup of PFAS and recovery of NRD. It’s important that the state is also going after Natural Resource Damages because these companies have contaminated land and groundwater that is held in the public trust. This area in Paulsboro now has some of the highest levels of PFNAs in the world, creating a major toxic nightmare. The chemicals have been found in municipal water systems above DEP standards at least 11 times that were tied to Solvay. They have also been proven to cause development defects in children and pregnant women, liver and kidney problems, and even tumors,” said Jeff Tittel, Director of the New Jersey Sierra Club. “It is critical that Attorney General Grewal and DEP Commissioner McCabe are stepping up and holding these polluters accountable. They are putting the force back into enforcement.”

The Delaware Riverkeeper Network, New Jersey Sierra Club and others have sent two letters to DEP regarding a recent Science study and the use of PFAS replacement chemicals at the Solvay plant. The study mentioned, published in Science and led by an EPA research chemist, found a recently identified group of chemical compounds, called chloro-perfluoro-polyether-carboxylate compounds (ClPFPECAs), in soil samples taken across New Jersey. ClPFPECAs were specifically found in the area surrounding the Solvay plant.

“We sent a letter to DEP asking to take action and they have responded with a lawsuit. This is a critical move forward to hold Solvay responsible. Solvay knew about the contamination around their plant for years without telling locals. Solvay used PFNA chemicals for years at their plant in West Deptford. They have been sued by residents of West Deptford for contaminating privately-owned wells. New Jersey is also requiring a full cleanup of VOCs, and PCB contamination,” said Tittel. “New Jersey is also suing on the replacement chemical used by Solvay, however they really need to ban it because we don’t know if it safe to use.”

West Deptford, where the Solvay plant used PFNA, is home to some of the highest levels of PFNA contamination in the world. Recent testing around New Jersey have found PFNA above the new standard 13 times in municipal water systems, according to NJDEP. Of those, 11 occurrences have been tied to the Solvay pollution. In March 2019, the DEP and Attorney General identified Solvay as one of five companies responsible the extensive contamination, directing them to fund millions of dollars in assessment and cleanup efforts. Late October, Solvay Specialty Polymers filed a lawsuit in the Superior Court of Gloucester County accusing nearby Paulsboro Refining Company of being the source of water pollution in the area. 

“DEP also must do strict oversight to ensure Solvay gets off the hook again. make sure that Solvay is still responsible for cleaning up the PFNA contamination in West Deptford and Paulsboro. It is too important to public health. There also needs to be a full investigation into the new chemicals that Solvay is using. We need the Drinking Water Quality Institute to be meeting regularly so that we can regulate new replacement chemicals for PFAS, like the ones Solvay is using. There are 500 chemicals that DWQI hasn’t even had a chance to look at to set standards, like perchlorates, ClPFPECAs, PFAS, TCE and PCE. DEP needs to allow the DWQI to meet more regularly so that more drinking water standards can be set or amended. We can’t afford to wait another two years,” said Jeff Tittel, Director of the New Jersey Sierra Club. “We need the strictest standards for these dangerous materials and we need them to be as strong as possible based on strict science. The longer they wait, the more people are put in danger.”


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