Solvay Specialty Polymers USA, Inc., which bills itself as the industry leader in specialty polymers, has agreed to a settlement with New Jersey officials over cleanup and compensation for the discharge of so-called “forever chemicals” and other pollutants near its plant in West Deptford.
The deal includes financial commitments of nearly $393 million, according to Attorney General Matthew J. Platkin and Commissioner of the Department of Environmental Protection (DEP) Shawn M. LaTourette. The deal is still subject to public comment and court approval.
“Forever chemicals,” or polyfluoroalkyl substances (PFAS), are manmade substances that were commonly used to make products like Teflon and Scotchgard and have been shown to be highly resistant to degradation and to accumulate in the human body.
The chemicals are associated with adverse health effects. The U.S. Environmental Protection Agency has called PFAS an “urgent public health and environmental issue.” The EPA has taken several steps in recent years to tighten regulations for the chemicals. In June, the EPA warned that several compounds found in drinking water pose health risks even at levels so low they cannot currently be detected.
For more than 30 years, Solvay’s West Deptford site has manufactured industrial plastics, coatings, and other chemicals. Solvay serves the automotive, batteries, smart devices, consumer goods, building and construction, healthcare, oil and gas, and other industries.
The proposed $393 million settlement calls for Solvay to pay for remedial activities at and in the vicinity of its West Deptford facility; provide financial support for certain public water system upgrades necessary to remove PFAS from drinking water; compensate the public $75 million for natural resources injured by the discharge of hazardous substances; and pay DEP $3.7 million for its costs in efforts to eliminate the chemicals.
Some of the settlement will be allocated to address PFAS impacts to certain public water systems and private potable drinking water wells, even where the source of the PFAS contamination is disputed, according to DEP. Affected public wells are in Bellmawr, Brooklawn, East Greenwich, Gloucester City, Gibbstown, Mount Royal, Paulsboro, Westville, and Woodbury. Affected private wells are in West Deptford, Logan, Deptford, Greenwich, and Swedesboro.
In March 2019, the New Jersey DEP issued a statewide directive to five companies – Solvay, DuPont, Dow DuPont, Chemours and 3M – requiring them to provide DEP with an accounting of their use and discharge of PFAS chemicals in the state and ordering them to address the injuries to natural resources including regional potable groundwater resources.
According to DEP, Solvay did not fully comply with DEP’s directive. In November 2020, the DEP sued Solvay and the prior owner and operator of the West Deptford facility, seeking to compel action.
Officials say that since the lawsuit was filed, Solvay has taken steps to reduce the use and impacts of PFAS at its site—including eliminating the use of PFAS in Solvay’s process aids for manufacturing and implementing additional treatment of the facility’s wastewater effluent streams.
Solvay is the first company named in the original directive to reach a proposed settlement with the state.
“For years, corporations, including Solvay, have put financial gain over our clean drinking water and the health of millions of people. They have blatantly ignored the dangers posed by the PFAS ‘forever’ chemicals that accumulate in our environment and in our bodies. New Jersey has pursued those who thought they could leave their mess to someone else to clean up,” said AG Platkin. “This settlement is a historic step that requires Solvay to finally take meaningful responsibility for PFAS and other contamination at their site.”
Other Actions
New Jersey is one of several states suing manufacturers over forever chemicals. Others include California, Maryland, New Mexico, Rhode Island, Maine, Massachusetts and Wisconsin.
Major chemical firms are facing litigation and, in some cases, settling. On June 23, 3M Co. said it had reached a $10.3 billion settlement with a group of U.S. public water systems to resolve water pollution claims tied to “forever chemicals.” The company said the settlement would provide the funds over a 13-year period to cities, towns and other public water systems to test and treat contamination of PFAS.
3M Co.also announced it will stop making forever chemicals and aim to discontinue their use in products by the end of 2025.
The 3M announcements followed news earlier this month that Chemours Co., DuPont de Nemours Inc. and Corteva Inc. had also had reached a $1.19 billion agreement to settle claims that they contaminated U.S. public water systems.
Manufacturers have also been involved in multimillion dollar settlements over forever chemical contamination in Michigan and Vermont and some manufacturers are facing lawsuits on behalf of firefighters because PFAS have been used in chemical foam they have been using for decades.
Topics New Jersey Manufacturing Chemicals
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