EWA files intent to sue over river contamination Environmental group seeks cleanup of site, end to contamination BY TOM CAIAZZA Staff Writer The Edison Wetlands Association, an environmental watchdog group, has filed a notice of intent to sue Basell USA Inc. and Akzo Nobel Chemicals Inc. for the alleged seeping of contaminants into the Raritan River. EWA Executive Director Robert Spiegel announced the group's intent to file a citizens suit against the two companies after claiming the group found high levels of the carcinogens benzene and 4-chloroaniline near the industrial facility owned by Basell and formerly owned by Akzo Nobel. The facility, which produces polyolefins, a component found in plastics, was recently purchased by Basell Polyolefins, an international producer of this product. The notice of intent to sue is an official document laying out the EWA's reasoning for bringing the suit and it gives the defendants 30 days to remediate the claim before EWA can file a suit. Spiegel said that the suit would require the two companies to cease the discharge of the alleged contaminants as well as clean up the affected areas. The notice of intent claims that the facility's waste disposal operations had been releasing the harmful carcinogens in quantities exceeding 100 times the legal limit for fresh water bodies and more than double the limit for saline estuaries. Mark Mendelson, a representative from Basell USA Inc., said that it is company policy to "fully cooperate with local, state and federal agencies in environmental compliance matters." He said that the site is currently subject to the administration remediation proceeding and Basell is working with the DEP and the former owners, Akzo Nobel, during this process. The EWA first noticed the problem when conducting a site investigation at a landfill on the other side of the river. Spiegel said he noticed a pungent smell and a glossy substance near the Edison Boat Basin, a few hundred yards from the Akzo site. The EWA conducted tests of samples obtained shortly thereafter and found what they claimed was the evidence of the highly dangerous contaminants. "We were taken aback, actually," Spiegel said, "because we never thought that we would find a source, a discharge, like this so close to an area where children and people fish and crab and wade." The Edison Boat Basin is a public launching point for fishing boats along the Raritan and is often a place for the public to fish and conduct other outdoor activities. "You can't have a more direct pathway of exposure," Spiegel said. The New Jersey Department of Environmental Protection conducted an investigation of the claim made by EWA and found that Akzo Nobel had been deficient in conducting required remediation of the site as well as evaluation and site investigation requirements. The DEP then sent a letter to Akzo Nobel requiring them to conduct self-evaluations of the site - which Spiegel said was the final impetus for the filing of the suit. "The DEP didn't require them to stop the discharge," Spiegel said. "They didn't assess any fines or penalties. So we were left with no option but to file a notice of intent to sue." According to Larry Hajna, a spokesperson for the DEP, it is not unusual for a regulated entity to conduct their own investigation under the scrutiny of the DEP. Steve Mayberry, from the DEP's Bureau of Industrial Site Remediation, said the DEP would be monitoring the company's investigation, noting that the company is bound by law to remediate. He did mention that he expected the site's pump-and-treat waste system would most likely require modifications to stop the seepage. The notice of intent to sue gives the parties an opportunity to address the EWA's concerns, and Spiegel has said that he is willing to take the suit to court if necessary. "We're going to go to the mat on this," Spiegel said. "We will do everything possible to get those responsible to clean up this site." Representatives for Basell USA Inc. could not be reached for comment by press time.