EWA and Baykeeper File Suit for Raritan River Cleanup
Posted 08/11/2009
Pollution of Raritan River sediments from National Lead site in violation of federal Resource Conservation and Recovery Act and Clean Water Act
Sayreville, New Jersey – August 11, 2009 – Terris, Pravlik & Millian, LLP (TPM), on behalf of Edison Wetlands Association (EWA), NY/NJ Baykeeper and Raritan Riverkeeper, filed a federal lawsuit against eleven parties for violating the federal Resource Conservation and Recovery Act (RCRA) and the Clean Water Act (CWA) by polluting the sediments of the Raritan River from the National Lead (NL) site and nearby highways in Sayreville, New Jersey. The filing seeks to stop the discharge of pollutants and remediate sediments that present a risk to human health and the environment.
“Unfortunately, we were left with no alternative but to follow through with filing a lawsuit in our efforts to stop ongoing pollution and protect the Raritan River,” said EWA Executive Director Robert Spiegel. “Our hope is that the parties involved will work with our groups to resolve the issues that threaten the Raritan River Estuary and the families that use it.”
The lawsuit was filed against NL Industries, Inc. (NYSE:NL); NL Environmental Management Services, Inc., Sayreville Economic and Redevelopment Agency; O’Neill Properties Group; Sayreville Seaport Associates; Middlesex County; the Turnpike Authority; and New Jersey Department of Transportation (NJDOT). Raritan River sediments present an imminent and substantial endangerment to human health and the environment under RCRA.
“For too long National Lead has ignored its responsibility to clean up the Raritan River,” said Executive Director and the NY/NJ Baykeeeper, Deborah Mans. “It is time to return the river to the community so we all can have a safe place to recreate, fish and crab.”
The 400-acre National Lead site is surrounded on three sides by the Raritan River, including the high-traffic crossings of the Garden State Parkway, Route 9 and Route 35. Operating between 1935 and 1982, NL manufactured titanium dioxide pigments and sulfuric acid onsite. Among the many contaminants on the property are heavy metals, radiologicals, and acids.
“The lawsuit alleges that the contamination in the Raritan River sediments presents an imminent and substantial endangerment to health and the environment and that pollutants have been discharged into the river in violation of federal law. Although the extent of the contamination has been known for years, nothing has been done to clean up the sediments,” said Janice Gorin of TPM.
Additionally, the violation of the State’s general highway permit by NJDOT is a violation of the Clean Water Act that has resulted, and continues to result, in sediment contamination in the vicinity of the site.
“This site has been causing harm to the Raritan River and its inhabitants for decades,” Bill Schultz of Raritan Riverkeeper explained. “It is about time for the bleeding of toxins from this site to the river to stop. All these materials need to be removed and properly dealt with.”
About Edison Wetlands Association:
EWA is a grassroots non-profit organization dedicated to protecting human health and the environment in central New Jersey through conservation and the remediation of toxic waste sites. EWA works to restore a healthy Raritan River—the longest river solely in New Jersey—for safe public enjoyment and wildlife habitat.
About NY/NJ Baykeeper:
NY/NJ Baykeeper is a nonprofit working to protect, preserve, and restore the ecological integrity and productivity of the Hudson-Raritan Estuary. Baykeeper stops polluters, champions public access, influences land use decisions, and restores habitat - benefiting the natural and human communities of our watershed. The Raritan Riverkeeper is a Baykeeper program whose mission it is to protect, preserve and restore the ecological integrity of the Raritan River, its tributaries, bay and watershed.
About Terris, Pravlik & Millian, LLP:
Terris, Pravlik & Millian, LLP is a public interest law firm and a leader in the litigation of environmental issues on behalf of individual citizens, neighborhood groups, and national environmental organizations
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