New Jersey officials announced on Monday a settlement up to $2 billion or more with DuPont and other companies over decades of contamination from PFAS at four locations, including two in South Jersey.
Shawn LaTourette, the state Department of Environmental Protection commissioner, called it “the largest environmental settlement in our state’s history.” LaTourette said he was unaware of any other state that “has achieved a settlement of this value.”
The consent order is with DuPont de Nemours, the Chemours Company, and Corteva Inc., which will split the costs. It comes as part of a lawsuit filed by New Jersey. A trial began in May in U.S. District Court in Camden.
Representatives from DuPont could not be reached immediately for comment.
However, DuPont issued a statement Monday saying the settlement would “resolve all pending environmental and other claims” for “legacy” contamination claims at four sites where the companies operated: Pompton Lakes Works in Passaic County, the Parlin site in Middlesex County, the Repauno site in Gloucester County, and Chambers Works in Salem County.
‘Pretty good footing’
The announcement comes months after global chemical manufacturer 3M agreed to pay New Jersey $450 million over pollution by per- and polyfluoroalkyl substances, known commonly as PFAS.
» READ MORE: 3M will pay New Jersey $450M over PFAS contamination
LaTourette said the two recent settlements, and another involving Solvay two years ago for contamination in Gloucester County, could amount to $3 billion from companies that tainted water and ground with per- and polyfluoroalkyl substances, also known as “forever chemicals” because of their resistance to breaking down in humans and the environment.
“We are putting ourselves on a pretty good footing to tackle this problem,” LaTourette said of expected cleanups and mitigation that the settlements will fund.
PFAS are human-made chemicals manufactured in the United States since the 1940s to make household, consumer, and industrial products. They were also widely used in firefighting foam. They are classified as likely carcinogens, according to the state. They have been associated with high cholesterol, developmental issues in fetuses, and other health impacts.
» READ MORE: People who lived near Bucks, Montco military bases had higher level of toxic compounds in blood than U.S. average
The Chemours Company was spun off by DuPont in 2015 — a move New Jersey claimed in its lawsuit was taken to avoid responsibility for PFAS contamination.
What’s in the settlement?
LaTourette said the settlement has three parts:
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$875 million will go toward natural resource and other damages and spread over 25 years. It will address PFAS and other contamination, and provide some financial assistance to public and private well owners, and local governments.
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A $475 million reserve will ensure that taxpayers won’t pick up the cost if any of the companies go bankrupt or fail to fulfill the agreement.
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Up to $1.2 billion will go toward a Remediation Funding Source for each of the four sites.
However, how much each site will receive for cleanup has not yet been determined. The consent order filed with U.S. District Court of New Jersey gives a wide range of amounts the companies could pay for cleanups at each site once a final agreement on the fund is reached.
For example, the range for the Chambers Works Remediation Funding Source is $130 million to $450 million. State officials used the top end of the range for each to come up with the $1.2 billion.
‘Powerful precedent’
New Jersey Attorney General Matthew Platkin called PFAS “particularly insidious.”
“New Jersey has some of the highest levels of PFAS in the country,” Platkin said.
William J. Jackson, an attorney with Kelley Drye who served as lead counsel for New Jersey, called the settlement, “a powerful precedent for environmental protection efforts nationwide.”
Legacy of contamination
All four sites have been used by industry since the late 1800s and early 1900s. The Chambers Works and Parlin sites are still operating.
The sprawling Chambers Works facility in Pennsville and Carney’s Point began as a DuPont operation to make gunpowder and other explosives, but transitioned to dyes and chemicals, according to New Jersey officials.
During the 1950s, DuPont started producing of PFAS at Chambers Works, and “hundreds of pollutants and hazardous substances were discharged into the environment, making Chambers Works one of the most contaminated sites in New Jersey,” the Department of Environmental Protection said.
The Repauno site also began as a DuPont explosives and chemicals facility. Hazardous waste was disposed of in unlined landfills, pits, pipes, and basins, and contaminated surface water, groundwater, and soils, according to the department.
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