April 6, 2023
Media Contact: Anjuli.Ramos@sierraclub.org | Jackie.greger@sierraclub.org
Ciba Geigy Settlement Falls Short in Holding BASF Accountable
The Sierra Club, New Jersey Chapter has serious concerns with the NJDEP Natural Resource Restoration Project proposed in the BASF settlement agreement. The comment deadline for the proposed settlement was due yesterday, April 5th. In their comments to the NJDEP, the New Jersey Chapter lays out detailed recommendations to the proposed settlement including a delay in the settlement to investigate PFAS contamination, expediting institutional controls, and holding BASF liable for the site until it is fully remediated, which can take a timeline longer than 10 years.
According to EPA’s Fifth Five-Year Review Report for the Ciba Geigy Chemical Corporation, Per-fluoro octanoic acid (PFOA) was detected on the Ciba Geigy Site at Cell 1, which is a NJDEP regulated landfill. Cell 1 showed PFOA detected above NJDEP’s Groundwater Quality Criteria of 14 ng/L three different times at 18, 20, and 23 ng/L. EPA has requested BASF to initiate a PFOA investigation at the entire site. The Sierra Club, New Jersey Chapter raises concerns that groundwater could be impacted to a greater degree than initially thought, which is why the chapter is requesting a pause in the settlement process until the site is properly characterized for the nature and extent of PFAS contamination.
In their comments, New Jersey Sierra Club raises the issue of uncertainty of the timeline for when the Volatile Organic Compounds (VOC) plume will be reduced at Ciba Geigy, whether or not contaminated groundwater will be removed, and if the upper sand aquifer will be restored to drinking water standards. The chapter requested NJDEP, EPA, and BASF to provide 3D visualization of the plume to see how it sits in the aquifer, and see how it has changed over time, both the depth of contamination and in regards to concentrations. The NJSC also calls on NJDEP to provide the records of the last ten years on the changes in groundwater concentrations and the nature of contamination to the public.
BASF is only on the hook at this site for 10 years, even though Superfund Sites have been in the process of being remediated for decades. The New Jersey Sierra Club highly recommends the NJDEP extend that timeline until the site is fully remediated and risk to the community is negligible.
“The proposed Ciba Geigy settlement does not go far enough when it comes to holding BASF accountable for creating one of the most polluted Superfund Sites in the state and for causing severe health impacts to residents of Toms River. New Jersey needs to hold BASF liable for Natural Resource Damages and make sure they fully clean up their toxic mess. More importantly, BASF should be accountable until the site is fully remediated and risk to the community is negligible. Even though the settlement includes preserving 1,000 acres, it falls short in holding BASF fully accountable and ensuring proper cleanup,” said Taylor McFarland, Conservation Program Manager, Sierra Club New Jersey Chapter. “The people of Toms River have been suffering from exposure to the Ciba Geigy site for too long, they deserve better.”
“Ciba-Geigy has been polluting Toms River for four decades and impacting the residents there.The people of Toms River have been suffering from the contamination coming from the Ciba-Geigy superfund site for too long, they deserve a full cleanup. Unfortunately the proposed NJDEP settlement does not fully hold BASF accountable for the long term, it does not represent the voices of the residents impacted in Toms River and it does not secure a complete risk-free cleanup,” said Anjuli Ramos-Busot, New Jersey Director of the Sierra Club. “