For Immediate Release
August 16, 2023
NJDEP’s Revised Ciba Geigy Settlement Still Falls Short
TRENTON – The New Jersey Department of Environmental Protection (NJDEP) and BASF Corp. have reached a revised, final settlement agreement that secures natural resource restoration and resolves state-based natural resource damage claims for natural resource injuries at and related to the Ciba-Geigy Superfund Site in Toms River, Ocean County. The Sierra Club, New Jersey Chapter does not believe the revised settlement goes far enough to hold polluters accountable nor ensure a fully cleaned up site.
The DEP reviewed and considered all public comments and made changes to the finalized agreement in an effort to be responsive to stated public concerns. These modifications include:
- The finalized agreement increases the amount paid to the DEP’s Office of Natural Resource Restoration from $100,000 to $500,000 for natural resource damage assessment and project oversight costs.
- Additional land, encompassing a total 50 acres, that was originally part of the remaining BASF-controlled parcel, has been designated for conservation, environmental compliance, and public access.
- BASF is obligated to provide adequate funding for long-term maintenance of the restoration projects outlined in the agreement, and that maintenance period has now been extended from 10 years to 20 years.
- BASF will remain legally responsible for all the restoration projects unless and until the DEP approves the transfer of this obligation.
Although the NJDEP’s modifications are a step in the right direction, they still do not do enough to address the decades of pollution and fully hold BASF accountable for their responsibility in creating one of the most severe Superfund Sites in the state. The New Jersey Sierra Club still has serious concerns about 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.
There are still unanswered questions about the levels of contamination, the presence of PFAS, and how BASF will be held liable to remediation. The NJ Sierra Club asked for the settlement to be delayed until the site is properly characterized for the nature and extent of PFAS contamination. Groundwater could be impacted to a greater degree than initially thought, which is why the chapter requested a pause in the settlement process.
“NJDEP’s revised settlement with BASF still falls flat when it comes to really holding polluters accountable. BASF will be paying pennies on the dollar for the toxic nightmare created at Ciba Geigy. There are still major concerns about the uncertainty of remediation efforts at Ciba Geigy, the degree of PFAS contamination at the site, and whether the capping methods will withstand climate impacts. BASF should be on the hook for operation and maintenance on this site for 100 years, not 20. It takes decades to clean up a Superfund Site and with PFAS now being detected, the cleanup may take even longer,” said Taylor McFarland, Conservation Program Manager for the Sierra Club, New Jersey Chapter. “It’s great that 1,000 acres will be permanently preserved but what’s the point if the land is still polluted and it’s still unsafe for recreational use. The people of Toms River have been suffering from exposure to the Ciba Geigy site for too long, they deserve better.”
“The Ciba Geigy Superfund Site is one of New Jersey’s most toxic sites. Despite the positive modifications made by the NJDEP, there are crucial pieces of information that remain unclear. Toms River residents deserve full transparency and accountability from polluters, and there needs to be further information available about the levels of contamination and damages done to the natural environment,” said Anjuli Ramos-Busot, Director of the NJ Sierra Club.