DEP Comes to Vernon on Town Dump- Need to End This Toxic Nightmare

Commissioner McCabe will hold a public meeting in Vernon Township High School at 6:00pm where she will deliver a public briefing and take questions regarding the Vernon dump site. The massive dirt pile in Vernon has been found to contain unsafe levels of several chemicals linked to cancer. Attorney General Gurbir Grewal in February ordered soil testing at the site while halting all activities at the facility. DEP for over a year had declined to do testing at the site despite having the authority to do so.

“Commissioner McCabe will have a town meeting in Vernon to talk to residents on the toxic dump, this is long overdue. As Vernon faces a growing nightmare from an expanding pile of dirt that is toxic, DEP has been making excuses and did nothing. DEP also said they did not have the authority to go on the site even though we showed them 3 statutes that clearly spell out DEP’s full authority that allows them to investigate. McCabe said that there was nothing wrong in Vernon even though samples from the site found high levels of harmful chemicals,” said Jeff Tittel, Director of the New Jersey Sierra Club. “DEP need to do their job. They have ignored the site for far too long, we need to see action from them now. DEP need to make a commitment that they will hold polluters accountable and clean up this site.”

Samples taken from the dirt pile by DEP were found to contain polycyclic aromatic hydrocarbons (PAHs,) polychlorinated biphenyls (PCBs) and the pesticide chemical chlordane all at levels above the state’s standard for residential soil. PAHs are classified as a possible carcinogen.

“DEP should have independent testing on site, in communities, homes, streams and wells. They need to be sampling soils and streams. They can use their authority under the Spill Directive Act to require a full cleanup from the polluter. If the polluter cannot clean up the site, the DEP can take over the site and bill them for triple damages. DEP has used this authority for cleaning up PFOAs,” said Tittel. “This illegal dumping has become a toxic menace to the community. High levels of PAHs, PCBs and chlordane endanger the public health. PCBs have been linked to cancer, as well as pregnancy complications and other health effects. Exposure to chlordane can affect the human nervous system.”

New Jersey Attorney General Gurbir Grewal, acting on behalf of the NJDEP, filed an order in Superior Court that would halt all activities at the Vernon dump site, force the property owner to identify all the materials in the massive pile and allow the state to do its own testing of the dirt and debris.

 “We have said all along the DEP has the authority to investigate illegal dumping activities and now they are finally using it.  Now the DEP must do independent testing to investigate the levels of contamination at the Vernon site and where it is coming from. All testing should be paid by Wallace, but he should not be able to oversee it. These illegal dumping operations threaten clean water, clean air and public health. They have been around for far too long,” said Tittel. “Independent water tests show lead levels 15 times higher than allowed on a neighboring property that’s why we need an independent review and monitoring.”

At least three statutes clearly spell out DEP’s full authority to thoroughly investigate any site where it suspects pollution or illegal activities:  3.4 Statutory Authority to Conduct Searches, 7:26A-1.5 Burden of proof (NJ DEP recycling regulations), and 7:26A-1.7 Right of entry and inspection (NJ DEP recycling regulations).

 “The statutes could not be more clear. DEP can go on the site any time it wants. DEP can also have State Police stop trucks and test materials going into the site. Trucks must have manifests detailing contents of their loads. They have been around for far too long. They need to be stopped. Will Commissioner McCabe use her authority or let polluters off the hook? These illegal dumping operations threaten clean water, clean air and public health. It is critical that DEP make sure this site is fully cleaned, the people of Vernon deserve nothing else,” said Tittel.

Illegal dumping of contaminated materials damages the environment and public health, and can be very costly to taxpayers. A bill, S1683 (Smith), would help tighten regulations by expanding the requirement for background checks to a broader range of persons involved in the solid waste industry, such as sales persons, consultants, and brokers. But the overriding problem continues to be DEP’s lack of enforcement.

“The state still needs to pass and tighten standards on dirty dirt. The illegal dumping in Vernon and elsewhere should be a wakeup call to our legislature and the Murphy Administration that we need more enforcement power and inspections. The Senate bill helps however we need more from DEP. New Jersey has a history of contaminated materials coming into our state, in part because DEP chooses not to regulate these chemicals. DEP needs to set and enforce standards for toxic materials to prevent any more possible dumping,” said Jeff Tittel, director of the New Jersey Sierra Club. “We don’t need a meeting, the DEP need to their job and stop the toxic nightmare in Vernon.”