FICTION: Listing this site on the NPL would exempt DuPont from paying taxes to Pompton Lakes.
FACT: If the site was listed as Superfund, DuPont – a multi-billion dollar, multinational corporation – would continue to pay taxes to the Township Borough. Even if DuPont failed to follow USEPA regulation, and USEPA took over the remediation, DuPont would still remain the property owner, and therefore continue to pay the taxes owed on the property.


FICTION: If the Pompton Lakes DuPont site was put on the NPL, the cleanup would grind to a halt and USEPA would take 18 months to get involved.
FACT: If the site is proposed to be listed under Superfund, the USEPA would immediately begin a preliminary assessment and site investigation. Because this site is already listed under the Resource Conservation and Recovery Act (RCRA), the USEPA and NJDEP would use previously compiled, qualified data to accelerate the investigation and determine if the current remedy is the most effective in protecting human health and the environment in Pompton Lakes. Once officially listed, a Remedial Investigation and Feasibility Study would begin to determine the nature and extent of the contamination. Because the site contamination and plume are delineated, the USEPA would use all qualified data and complete any additional investigation needed to fill in data gaps. This investigation would also confirm the delineated groundwater plume, since many residents have questioned the extent of the contamination. Listing Pompton Lakes on the NPL would set a strict schedule for the cleanup, forcing DuPont to perform the remediation in a timely manner, leaving no room for excuses or unreasonable delay.

FICTION: DuPont is actively cleaning up the site under NJDEP and USEPA oversight, so there is no need for a Superfund listing.
FACT: The DuPont Works site is listed as a NJDEP “Known Contaminated Site” and also listed as a RCRA site under USEPA. Unfortunately, DuPont’s remediation strategies in Pompton Lakes, specifically relating to the TCE groundwater plume that lies under 450 homes, have failed numerous times. Residents have come forward at public meetings with complaints that their vapor mitigation system that has been installed improperly. This is a great concern to many residents who have not yet had the systems installed. NJDEP claims they lack the resources or staff to inspect if all systems are installed correct, and instead signs off on DuPont’s reports, which is completely unacceptable. In addition the NJDEP has agreed to inspect a “random” ten percent of installed systems. This, too, is unacceptable. The contaminated groundwater lying under the 450 homes is currently not being cleaned up.  NJDEP regulations require DuPont to make all decisions on cleaning up this toxic site, and there are no provisions in New Jersey’s site remediation laws that allow public participation and comment on the remediation plans. Under Superfund, public participation and community involvement are required.  All documents submitted by DuPont to USEPA under Superfund would be required to have a 30 to 60 day public comment period. Every document related to the site would be available to view free of charge in the public repository located in the town library. USEPA would be required to host regular public meetings at each step of the process explaining and updating the families of Pompton Lakes on the remediation.

FICTION: No cancer connection was demonstrated by the federal ATSDR health consultation.
FACT: The report, released by the Agency for Toxic Substances and Disease Registry and the New Jersey Department of Health and Senior Services, found "significantly elevated" rates of kidney cancer in women and non-Hodgkins lymphoma in men, according to a federal letter mailed to 450 households believed to have been impacted by the pollution. The report said the cancer is associated with the type of vapor emanating from tainted soil and groundwater in the target area. The poisoned toxic water was supposed to have been cleaned nearly 20 years ago, but the study said mitigation was inadequate, allowing vapor to seep into homes.

References:

  1. http://www.epa.gov/oecaerth/cleanup/rcra/index.html
  2. http://www.state.nj.us/dep/srp/
  3. http://www.state.nj.us/dep/srp/regs/arrcs/
  4. http://www.epa.gov/superfund/community/cag/pdfs/ci_handbook.pdf 
  5. http://nj.gov/health/eoh/cehsweb/documents/analysis_cancer_inc_pompton_lakes.pdf
  6. http://www.epa.gov/superfund/cleanup/rifs.htm