The EPA recently announced a $1 billion investment from the Bipartisan Infrastructure Law to initiate clean-up and clear the backlog of 49 previously unfunded Superfund sites and accelerate cleanup at dozens of other sites across the country.
On December 17, 2021, the U.S. Environmental Protection Agency (EPA) announced a $1 billion investment from the Bipartisan Infrastructure Law to initiate clean-up and clear the backlog of 49 previously unfunded Superfund sites and accelerate cleanup at dozens of other sites across the country. Seven Superfund sites in New Jersey will receive funding.
“This funding will be transformational for New Jersey communities impacted by toxic contamination and will provide critical investments in communities of color and low-income communities, which are disproportionately affected by legacy contamination from abandoned Superfund sites,” Sen. Bob Menendez said in a press statement.
CERCLA Superfund Program
The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), also commonly known as Superfund, was enacted by Congress on December 11, 1980. CERCLA established prohibitions and requirements concerning closed and abandoned hazardous waste sites and provided for liability of persons responsible for releases of hazardous waste at these sites.
When no viable responsible party is found or cannot afford the cleanup, funds appropriated by Congress can be used. A tax on chemical and petroleum industries provided funds to the Superfund Trust fund for Superfund cleanups up until 1995. The Bipartisan Infrastructure Law reinstates the chemical excise taxes and invests an additional $3.5 billion in environmental remediation at Superfund sites.
New Jersey Superfund Sites Receiving Funds
CERCLA also requires the EPA to maintain a list of areas of the country with the most severe environmental contamination in need of remediation. The National Priorities List (NPL) is the list of sites of national priority among the known releases or threatened releases of hazardous substances, pollutants, or contaminants throughout the United States and its territories. New Jersey leads the country with 114 Superfund sites.
The following New Jersey Superfund Sites are slated to receive Bipartisan Infrastructure Law funding:
Unimatic Manufacturing Superfund Site in Fairfield: Funds will be used to demolish the on-site building and excavate PCB and pesticide contaminated soil. The building debris and excavated soil will be sent off-site for proper disposal. Excavation of PCB contaminated sediment and long-term groundwater monitoring will be part of future work.
White Chemical Superfund Site in Newark: Funds will be used to bioremediate groundwater contaminated with volatile organic compounds, specifically trichloroethylene and 1,2-dichloroethane. The EPA also plans to apply non-hazardous additives to the groundwater to promote the breakdown of contaminants.
Diamond Head Oil Superfund Site in Kearny: Funds will be used to excavate, remove, and dispose of soil containing dioxin and oily waste (light non-aqueous phase liquid) as well as consolidation on the site and capping of surface soil containing residual levels of PCB, and lead and chromium.
Roebling Steel Superfund site in Florence Township: Funds will be used to perform long-term groundwater monitoring, capping of soil, building decontamination, demolition, and historic preservation mitigation measures.
Kil-Tone Superfund site in Vineland: Funds will be used to excavate soil contaminated with arsenic and lead from at least 36 properties located in a largely residential neighborhood impacted by the past operations of the former Kil-Tone company, including the former Kil-Tone Company property itself. Excavated soil will be sent off-site for proper disposal and the properties will be restored.
Garfield Groundwater Contamination Superfund Site in Garfield: Funds will be used to treat hexavalent chromium in groundwater by a combination of cleanup measures to address the problem in the long term, including treatment of the contaminated groundwater with a non-hazardous additive that will reduce the contamination, and restrictions on the use of the groundwater.
Kauffman & Minteer Superfund Site in Jobstown: Funds will be used to treat volatile organic contaminants, specifically trichloroethylene and 1,2-dichloroethene, by a combination of groundwater extraction and treatment. EPA proposes applying non-hazardous additives to the ground water to promote the breakdown of contaminants (bioremediation).
According to the EPA, it is finalizing cleanup plans and preparing funding mechanisms to get construction work started as soon as possible. More information about funding for backlogged sites and accelerated cleanup sites will be available in the coming weeks.
If you have questions, please contact us
If you have any questions or if you would like to discuss your potential eligibility for this program, please contact me, Monica Schroeck, or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.
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