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DuPont Appeals Clean Up Permit for Pompton Lake

Permit outlines remediation strategies for cleaning up the lake. DuPont says parts of the permit are inconsistent with existing EPA procedures.

DuPont is appealing the clean up process of Pompton Lake because it claims the requirements it must adhere to are “inconsistent” with established remediation procedures.

Specifically, DuPont is appealing the final clean up permit the U.S. Environmental Protection Agency (EPA) issued the company in December 2012. The 30-page appeal was filed with the EPA’s Environmental Protection Agency Friday.

“The final permit has open-ended remediation requirements that are based on undetermined cleanup obligations,” said Bob Nelson, a DuPont spokesperson.

According to the appeal, the EPA added certain aspects of the clean up plan after the required public comment period had passed. DuPont wants those conditions vacated.

The EPA has ordered DuPont to from part of the lake where mercury, lead, and copper seeped into it for years. The company used to have an explosives factory on the site.

The eastern part of the lake borders Wayne.

Nelson said the permit includes “undefined clean up obligations as conditions,” which, DuPont claims, eliminates the opportunity for it or the public to comment on the EPA’s future clean up decisions.

“Future decisions on clean up,” Nelson said, “are important to the success of the project.”

As part of the plan, a third-party testing company will take samples from the lake and up to three miles downstream into Wayne to identify “hot spots” of potential mercury contamination.

Neson said DuPont plans to meet with local and state officials to see about having its current work permit application approved, Nelson said.

Local and federal officials want to meet with the DEP to find more about the pollution that migrated from behind the Pompton Lake Dam and into Wayne.

The company will coordinate with the EPA and the U.S. Fish and Wildlife Service to “complete additional investigations.”

DuPont would like to start cleaning up the site in 2014, Nelson said.

“Our decision to pursue an appeal does not lesson our commitment to the community nor our desire to begin work on the remedy in the lake as quickly as possible,” Nelson said.

For more information about DuPont’s clean up plan for the site, click here.

— Have a question or news tip? Contact editor Daniel Hubbard at Daniel.Hubbard@patch.com or find us on Facebook and Twitter. For news straight to your inbox, sign up for our daily newsletter.

Lisa Riggiola February 03, 2013 at 02:23 PM
SHAMEFUL!!! So if this doesn't prove they do not want to be told to cleanup Pompton Lakes and beyond the right way nothing will!!! We must get our Superfund designation immediately! ! It is getting worse! We need our Federal USEPA, Federal and State Elected Officials to help us NOW!!!!
Lisa Riggiola February 03, 2013 at 02:26 PM
SHAMEFUL AND MAYBE YOU SHOULD MOVE RIGHT INTO THE DUPONT PLUME IF YOU FEEL THE POSIONS ARE OK FOR YOU!!! Talk about cold :(.
stewart resmer February 03, 2013 at 02:35 PM
Bill, leanbean wasnt making a joke he/she was spitting on vietnam veterans as a whole, thus revealing their covert contmept for Americas veterans, be they Atomic Exposure Vets, Operation Ultra, Gulf War Syndrome, and Iraqi/Afghani veterans alarming rate of suicides? All of his past pontifications of God, country, duty, and honor ring hollow after all as he turns on the tapwater.
bill wolfe February 03, 2013 at 02:47 PM
Dupont claims they are concerned about the ability of the public to comment? Are you kidding me? That has to be the most cynical and hypocritcal statement ever. Dupont and NJ DEP have met behind closed doors for 25 years, intentionally shutting out the people of Pompton lakes from cleanup decisions. They have withheld information that effects people's lives. They have consistently played regulatory games that were intended to block public hearings and public involvement in cleanup decisions. EPA has just begun to hold Dupont accountable and force them to clean up. Dupont doesn't want to do that. Period. That's the story. Dupont is a shameful corporation that lies with impunity.
Pat Corcoran February 03, 2013 at 03:54 PM
DuPont has had 30 years to clean up... dragging their feet the whole time, and keeping vital information from the public on contamination. They have ruined our home values and endangered our health. And our government has allowed them to do it! Finally, they are being told the bare minimum of what they should be responsible for - and of course, they are contesting it. UNCONSCIONABLE. And exactly what we've come to expect. EPA - Don't let them get away with this. Again!!!
leanbean February 03, 2013 at 04:35 PM
Stewart, I am a vet. 64-68. My point was there are vets out there with problems due to agent orange. I'm not spitting on anyone. Just pointing out that you have a problem.
stewart resmer February 03, 2013 at 04:38 PM
“The company has consistently treated the long-term interests of humanity as largely irrelevant" Curtis Moore, Former Counsel to the US Senate Committee on Environment and Public Works Corporate Crimes Overview Arms manufacturing Control of the food chain Working conditions Moving production to the developing world Endangering the public’s health Pollution 3 case studies: · Tetraethyl lead · Ozone depletants (CFCs/HCFCs) · Benlate http://www.corporatewatch.org/?lid=173#e
Victor Alfieri February 03, 2013 at 05:21 PM
Lisa....I will put the petition on my website and try my best to start bringing more attention to this subject. I will also talk about it at the next Wayne Environmental Commission meeting. These meeting are open to the public I encourage all residents to attend. http://www.waynetownship.com/env-sch.htm
Patrick J Giles February 03, 2013 at 05:54 PM
Dupont is the corporate Devil incarnate - they care nothing except their bottom line & morally they don't have one ! Other than reprehensible pollution & toxic legacy they leave in their wake you can bank on them doing everything above & beyond the power's of any entity to make sure they stay true to Profits before PEOPLE !!! D-I-S-G-U-S-T-I-N-G !!!! More than any other company dupont needs to be put on a tight leash re: this much needed & way overdue cleanup ! Horrible !!
Bill February 03, 2013 at 07:02 PM
Perhaps Leanbean needs a tour of the VA hospitals, cemetaries and additionaly see the backlog of claims causing Veterans to die or become homeless prior to seeing a penny.
Lisa Riggiola February 04, 2013 at 05:48 AM
@Victor Alfieri - thank you!
stewart resmer February 04, 2013 at 10:44 AM
he's a coward liable under the stolen valor act for claiming to be a veteran
Justice February 04, 2013 at 01:24 PM
Does anyone even remember Mr Domsky, a World War II Veteran who was found dead in his home a year later? His home was sold from under him for an unpaid water bill; but the whiny neighbors' complaints were heard and acted upon by our very vigilant enforcement department which is apparently over-staffed harassing citizens into leaving and keeping businesses from moving to Wayne.
John Smith February 04, 2013 at 02:16 PM
This is a publicly-traded company you are talking about. Most of us own shares of the company. Just think for a moment as to what you are saying. When you heat your home with oil, you have the risk of oil releases. Are you going to hold the oil company responsible for that? When you fill up your car with gas, you inhale benzene and toluene and other VOCs. The risk posed by DuPont is far less than these risks. When you use potting soil or mulch, you are handling lots and lots of arsenic. This is much higher risk than DuPont's risk. Get a grip on reality.
John Smith February 04, 2013 at 02:21 PM
When you use pressure-treated wood in your decks, you in fact have much higher risk due to the copper and arsenic being used to treat the wood. Our homes are hazardous because of that. When the utility company treats the poles with PCP (pentachlorophenol) to minimize rot, they in fact contaminate the groundwater and surface water due to this hazardous chemical. Check it out. Use of chemicals is widespread. Yet you are only selective in attacking DuPont as if they are the only you make and use chemicals. You moved next to the DuPont plant to be close to the jobsite. Then, you attack the company for poisoning your home. Give me a break.
Lisa Riggiola February 04, 2013 at 05:30 PM
posting c/o Mr. and Mrs. R. Lombardo - Here are the real truths surrounding the DuPont appeal: DuPont has yet to clean and contain their original site where ALL these problems come from. The MINIMAL amount of testing, clean-up, and concern for the Plume Residents which DuPont has already completed was only because concerned residents and the EPA compelled them to do so. Now DuPont is using their corporate leverage to save money by not correcting a problem they caused in the first place. Finally, they have the audacity to treat all of us like a bunch of idiots to say that this does not reduce their commitment to clean up our community? Really?.....What commitment? Mr & Mrs Lombardo Plume Residents
Scondo February 04, 2013 at 05:37 PM
How did Agent Orange even get injected into this discussion. The Agent Orange pollution issue is down river below the Dundee Dam, it was not a product of Du Pont, it was a product of DOW Chemical and was produced in Newark . Du Pont was conventional explosives. Some of the containment buildings are still seen our in the woods across from Ramapo State Forest if you enter through Back Beach Park in Haskell.
lovethetunes February 05, 2013 at 01:37 AM
posting c/o Mr. and Mrs. R. Lombardo - Here are the real truths surrounding the DuPont appeal: DuPont has yet to clean and contain their original site where ALL these problems come from. The MINIMAL amount of testing, clean-up, and concern for the Plume Residents which DuPont has already completed was only because concerned residents and the EPA compelled them to do so. Now DuPont is using their corporate leverage to save money by not correcting a problem they caused in the first place. Finally, they have the audacity to treat all of us like a bunch of idiots to say that this does not reduce their commitment to clean up our community? Really?.....What commitment? Mr & Mrs Lombardo Plume Residents
stewart resmer February 05, 2013 at 04:35 PM
scondo, you dont know what you are talking about, do your homework about DuPont and dioxin. come back and delete the above post. open your browser here: http://rt.com/news/agent-orange-vietnam-cleaning-215/ 'To this day, vast amounts of the toxic chemical remain in soil and water sources. They can enter the food chain through animal fat, leaving many people to deal with its harmful after-effects. It has been blamed for countless deaths and deformities in newborn babies, having affected both the Vietnamese – not discriminating between combatants and civilians – and US veterans.' For you to somehow infer that the most dangerous chemical known to man is not a threat downstream is not just absurd, its laughable were it not such a serious matter.
Bill February 05, 2013 at 06:27 PM
If someone chooses to continue to hold shares in a company that is socially, morally and ethically irresponsible, then they are part of the problem instead of the solution. People wouldn't think twice of suing an insurance company is a motor vehicle accident, yet they feel that suing a "dupont" is evil and that very act will condemn them to hell. The fact that they continue to hurt human beings is ok to the shareholders? Then the shareholders deserve to be sued individually. That is my reality.
Wayne Resident February 05, 2013 at 10:33 PM
Stewart, it's a known fact Scondo has no clue on most subjects.
Lisa Riggiola February 05, 2013 at 11:02 PM
Boy John, you just don't get it seems or why would you be taking such an approach and not showing some compassion at the very least. The people did nothing wrong and didn't pollute their neighborhoods. In fact many moved in unaware of the dangers of these contaminants and believed they were truly being cleaned up in the past two decades. They honestly thought they were providing a better life for their families. DuPont has been named as the responsible party and need to clean up their mess so NO ONE will ever have to live in toxins again. If you as a regular citizen dumped all these poisons, what do you think would be the end result?
Lisa Riggiola February 05, 2013 at 11:59 PM
John Smith - FYI, some contaminants can travel up to 10 miles....even in the underground infrastructure. http://niagara-gazette.com/local/x1221297453/Contamination-related-to-Love-Canal-found-in-LaSalle. May I suggest you come out to the next OEN PUBLIC MEETING of the Pompton Lakes Community Advisory Group (CAG) and learn more? www.pomptonlakescag.org. Monday, March 4, 7pm, Pompton Lakes Elks Lodge No. 1895, 15 Perrin Ave., Pompton Lakes, NJ. We have a Board Certified Enviro. Engineer as our Technical Advisor who is known to be one of the very best in our state.
Janet Woudenberg February 06, 2013 at 12:31 AM
I'm sure you've heard it said that ignorance of the law is no excuse. Well, Dupont may (or may not) have been ignorant of the pollution being caused. That does not mean they are not responsible for the effects of what they have done. Maybe if you watched a family member suffer and die of cancer because of Dupont, you might feel differently. When my dad died of cancer back in 1979, Pompton Lakes was known as the cancer capital of the world. That's no coincidence. Maybe if you were to lose your ability to work and you lived in pain everyday from effects of the contamination, you might feel differently. These are real people, real lives, and real tragedies. At what point did we decide in this country that money comes first and people second? It's time to rectify that attitude. And remember, that pollution keeps spreading. And the contamination from every Dupont plant keeps spreading. And the pollution from other companies keeps on spreading. Are you willing to live in this contamination and sit idly by and say that the companies should keep their money? Search your soul.
Scondo February 08, 2013 at 04:30 PM
@Stewart, what does your unrelated link have to do with DuPont ? You inserted Agent Orange into a thread that has nothing at all to do with Dioxin . The agent orange manufacturer locally was Diamond Chemical in Newark and not Du Pont. DuPont was a manfucturer of ammunition and conventional expllosives and gun powder used by allied forces in WWII. If anyone should be doing homework it is you Stewart. Here Stewart, I have saved you the trouble: Agent Orange was manufactured by Monsanto, Dow Chemicals (manufacturers of Napalm), Uniroyal, Hercules, Diamond Shamrock, Thompson Chemical and TH Agriculture. Monsanto were the main supplier. The Agent Orange produced by Monsanto had dioxin levels many times higher than that produced by Dow Chemicals, the other major supplier of Agent Orange to Vietnam. @Wayne Resident --rack your brain and try and come up with something that I have posted that is not correct or provable. Take your time, because you will need it. And after doing that , perhaps you might consider contributing something meaningful to the discussion other than your usual misanthropic snipings coming from a little bitter person.
Scondo February 08, 2013 at 05:08 PM
STEWART: do your homework, Du Pont pollution has nothing to do with agen orange. Agent Orange was manufactured by Monsanto, Dow Chemicals (manufacturers of Napalm), Uniroyal, Hercules, Diamond Shamrock, Thompson Chemical and TH Agriculture. Monsanto were the main supplier. The Agent Orange produced by Monsanto had dioxin levels many times higher than that produced by Dow Chemicals, the other major supplier of Agent Orange to Vietnam.
stewart resmer February 08, 2013 at 07:33 PM
repeat scondo you still dont know what you are talking about. Dupont Labs discovered and patented 'Agent (dioxin) Orange' defoliant compounds.
Bill February 08, 2013 at 08:33 PM
Scondo, Why are you having a problem regarding the discussion of Agent Orange in this thread? Have you known someone who has died as a result of it? The pain is excruciating
Scondo February 08, 2013 at 10:47 PM
What does agent orange have to do with clean up which is the topic of this thread? Oh yeah, nothing.
stewart resmer February 08, 2013 at 10:58 PM
Christie exposes NJ to pollution in water http://blog.nj.com/njv_guest_blog/2013/02/hands_off_new_jerseys_drinking.html#incart_special-report

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