Pallone Announces Legislation to Make Polluters Pay for Superfund Cleanup, Not Taxpayers

Congressman Calls for Passage of Bill with Senators Menendez and Booker, Rep. Pascrell and EPA

Garfield, NJ – Today, Congressman Frank Pallone, Jr. (NJ-06) announced legislation he introduced to help the Environmental Protection Agency (EPA) cleanup sites listed on the Superfund’s National Priority List. The Superfund Polluter Pays Act would reinstate the Superfund tax to ensure polluters, not taxpayers, pay for the cleanup of Superfund sites. Pallone was joined by Senators Robert Menendez (D-NJ) and Cory Booker (D-NJ) – who will introduce a Senate version of the legislation this week – along with Congressman Bill Pascrell (NJ-09) and EPA Region 2 Administrator Judith Enck.

“The American taxpayer should not be paying for the mistakes of corporate polluters," said Congressman Pallone. “There are Superfund sites that threaten public and environmental health in New Jersey and across the country that EPA would be able to clean up if not for the inadequate funding. The Superfund Polluter Pays Act will replenish the necessary funds by holding corporations accountable for their mistakes and environmental degradation. Congress must pass this legislation to protect the American taxpayer and ensure that the industries polluting our land and water are responsible for the cleanup of these sites.”

Roughly 50 percent of New Jersey’s population lives within 3 miles of a Superfund site – the largest percentage of any state in the country. Superfund sites are contaminated with toxic substances that can make their way into drinking water wells, creeks and rivers, backyards, playgrounds and streets. Communities impacted by these sites can face restrictions on water use and recreational activities as well as economic losses as property values decline due to contaminated land. In the worst cases, residents of these communities can face health problems such as cardiac impacts, infertility, low birth weight, birth defects, leukemia, and respiratory difficulties.

“Our state has the most work to do, and the most to gain by increasing funding for this critical program,” continued Pallone. “I have always been a champion of cleaning up New Jersey’s toxic sites so they can be redeveloped to benefit local communities, and I will continue the fight for this much-needed legislation.”

In 1995, despite opposition from Pallone and other Democrats, a Republican Congress allowed the Superfund tax to expire. Before its expiration, the collected taxes were placed into a Superfund Trust Fund that was used for the clean-up of so-called "orphaned sites," where the party responsible for the pollution either no longer existed or could not afford the cost of the cleanup. Without those revenues, Superfund cleanups have been delayed, the backlog of sites needing cleanup has grown, and the costs have shifted to the taxpayers. Pallone’s legislation would reinstate this vital tax.

Today’s announcement was made at the Garfield Groundwater Superfund Site. There are also several Superfund sites in need of cleanup or monitoring within Pallone’s Congressional District in Monmouth and Middlesex Counties. Examples follow.

• Horseshoe Road site in Sayreville is the former location of a chemical processing facility. Its operations contaminated soil and groundwater, as well as the adjacent Raritan River.
• The Chemical Insecticide Corp. site in Edison Township is the former location of the corporation’s industrial facility. Its operations contaminated the area and caused migration of contaminants off site.
• The Imperial Oil site in Marlboro Township includes a plant and surrounding contaminated properties. From 1969 to 2007, Imperial Oil Company operated a facility on site, and previously, other companies operated the site, including a chemical processing plant. These operations contaminated soil and groundwater.
• The Conell-Dubilier Electronics site is located in South Plainfield. Due to smelter operations and the construction of structures using these wastes, extensive areas of soil, sand and sediment are contaminated by lead.