Victory for Clean Water: Murphy CVs DuPont Dirty Water Bill

Governor Murphy has Conditionally Vetoed S879 (Sweeney)/A3116 (Burzichelli). The bill amends definition of “existing major hazardous waste facility” in “Major Hazardous Waste Facilities Siting Act.” Murphy cited concern that “the bill does not contain specific safeguards to protect the health of our environment and the safety of our residents.” This concern is especially addressed towards the possibility of the bill’s language being interpreted to let a facility resume commercial processing operations. Murphy’s recommendations include amendments stating that all facilities must require necessary permits before resuming these operations. He also asks for language stating that all facilities “fully comply with applicable environmental laws and regulations.”

“In a victory for clean water, Governor Murphy CVed this terrible DuPont bill. The original bill would have allowed open season on clean water in the Delaware Bay by granting old permits to pollute our waterways. We want to thank Governor Murphy for amending this dirty water bill. We will continue to fight to protect the Delaware Valley from these hazardous waste facilities,” said Jeff Tittel, Director of the New Jersey Sierra Club. “This bill is a good compromise but we wanted a full veto of this dangerous bill because this facility shouldn’t be allowed to reopen. The original law prevented them from doing so and that’s why they wrote this bill. We’re glad he CVed it to make sure they must comply with new permits, which is why we consider this a compromise. Our concern that if the DRBC lifts the ban on fracking waste, these facilities could bring that waste into New Jersey.”

DuPont has a history of violations at the Chambers Works facility. For instance, in 2011 in a settlement agreement with USEPA, DuPont paid a $250,000 civil penalty to settle alleged violations of hazardous waste regulations at Chambers Works. The Chambers Works Facility has never conducted an anti-degradation analysis for the release of treated wastewater or any analysis on the bioaccumulation of toxins in the ecosystem and, if allowed this loophole, wouldn’t have to do an analysis showing there is no significant adverse impact on the environment and public health from the discharge of hazardous pollutants there. DuPont’s attempt to bring VX Nerve Agent to the Chambers Works Facility for dumping into the Delaware River in 2004-2006 and similar extremely dangerous efforts could arise again if the facility is allowed this loophole.

“We still have major concerns with this facility, especially if they lift the DRBC ban on fracking waste. If so, this plant could become a major discharger of fracking waste. Without the CV, it could become an open spigot for fracking waste,” said Tittel. “After years of fighting DuPont/Chemours, we were able to stop them from being in toxic waste from other sites and dumping it in our waters. They were once the third largest discharger of reproductive toxins in the United States. We stopped them in 2007 when they had the nerve to propose dumping wastewater from neutralized VX nerve gas into the Delaware River. This was a terrible bill and the Governor made it a lot better with his CV language that requires new permits.”

We also need to do more to protect the environment from fracking waste. We need a complete ban of fracking activities by the Delaware River Basin Commission (DRBC), including not allowing dumping fracking waste or taking water for fracking activities elsewhere. Having a partial ban that actually allows the dumping of fracking waste still puts the drinking water and environment of the Basin at risk. Dumping fracking wastewater is dangerous because it contains over 600 different toxic chemicals, many of them carcinogenic. This could lead to pollution and contaminated drinking water. Without a full ban, it could also allow for facilities such as the proposed Elcon Hazardous Waste Facility to be built to dispose of frack waste while also threatening our environment and drinking water.

“We’re also urging Governor Murphy to keep his commitment to banning fracking and fracking waste in the Delaware region. Murphy had written to the DRBC supporting a fracking ban if it contains a ban of the taking or dumping of water or frack waste. This also helps prevent more pipelines and other fossil fuel projects such as the proposed Elcon frack waste incinerator from being built in the Valley. Given the change in Administrations at the federal level, it is more important than ever that we protect our resources,” said Jeff Tittel. “It seems that the Administration is backing away from Murphy’s commitment. Administrative officials including Acting DEP Commissioner McCabe claimed they were studying the issue of fracking waste, when they should be outright against it.”

Carney’s Point is already suing DuPont for $1 billion for failing to cleanup more than 100 million pounds of toxic chemicals, including PFOA, mercury, benzene and ethyl chloride that were dumped at the Chambers Works site. The federal government is also going after DuPont to make them pay for the damages to the wildlife and habitats in Pompton Lake. DuPont’s contamination affected multiple waterways in Pompton Lakes, including the Wanaque River and Acid Brook, which run through the 600-acre former DuPont property. Pompton Lake, a backup drinking water supply for a major reservoir in the region, has also been affected.

“Under current law, they can’t reopen the facility. With this bill they can reopen it but thanks to Murphy’s added language, they must have proper studies and permits beforehand. DuPont has already created a toxic mess at Carney’s Point and throughout the area and that’s why we will continue to fight against reopening these dangerous facilities. In the case of a flood or accident, this toxic witch’s brew could spill into our communities. These toxins can easily bio-accumulate in fish, threatening the public health. What is even worse is that without a ban on fracking waste, this law could potentially allow DuPont and other facilities to bring fracking waste into our state and River Basin.” said Jeff Tittel, Director of the New Jersey Sierra Club. “It’s important that Governor Murphy CVed this bill to make it stronger on environmental protections and public health and safety. We need to continue fighting to make sure that these facilities can not bring fracking waste into our state.”