Published in the Ocean County Observer
By JOHN HAZARD
Staff Writer
TOMS RIVER -- A lined landfill containing 38,000 drums of toxic waste at the former Ciba-Geigy property may be leaking and could further threaten the surrounding population if the drums are not removed, according to a lawsuit filed Monday against Ciba by Dover Township.
According to Dover officials, state Department of Environmental Protection documents indicate Ciba--Geigy violated the DEP permit allowing them to dump only non-toxic substances and that now some of those hazardous substances may have leaked through the landfill lining and could foul groundwater sources.
The suit seeks compensation from Ciba Speciality Corp., the current incarnation of Ciba-Geigy and owners of the site, for decreased property value at the township's adjacent Winding River Park due to a plume of chemical waste that leaked under the park from other sources on the site of the former die and resin plant.
The suit filed in state Superior Court cites the presence of the landfill as a potential source of further contamination and seeks its removal.
"This lawsuit will guarantee that these drums will be removed," Dover Mayor John F. Russo Jr. said. "This is the death nell for Ciba-Geigy in Dover Township. We are telling them for the last time 'clean up your mess and get the hell out of town.' "
Donna Jakubowski, a Ciba Specialty Chemicals spokeswoman, declined to comment, saying the company has not received a copy of the suit. She said Ciba officials remain focused on cleanup operations at the 1,350-acre site, adding that it expects to spend about $92 million on the cleanup.
The suit comes days after DEP Commissioner Bradley M. Campbell said the state wants Ciba Specialty Chemicals Corp. to pay for damage to groundwater caused by the company's dye-making operations.
Russo criticized the DEP and the federal Environmental Protection Agency for permitting the landfill to remain.
"They are the sole reason that Ciba can leave behind 30,000 drums because of the DEP landfill permit," Russo said. "Only Ciba benefits from not being forced to remove the drums and (the DEP) are the ones holding the permits that the EPA and Ciba are relying on to keep the drums buried."
Russo further accused the state and Gov. James E. McGreevey of working for Ciba's interests, based on McGreevey's past as a lobbyist for the company.
DEP and EPA officials, who could not be reached for comment, have in the past said removing the drums would put the public at greater risk of inhaled contaminants than allowing them to remain buried.
In a memo written to Russo in advance of the suit, Robert Cash, the township's environmental attorney, cites internal DEP documents, related to the landfill permit, that indicate there may have been problems with the landfill's liner since the early 1980s.
In response to DEP concerns at the time, Ciba capped the landfill to keep it from filling with water, known as leachate, Cash said.
"However, this has done nothing to address the continued existence of more than 35,000 drums (now 30 years old) and their hazardous contents from draining into the groundwater and surrounding environment," Cash said.
Published in the Ocean County Observer 10/08/03
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