Published in the Asbury Park Press
BY JEAN MIKLE
TOMS RIVER BUREAU
DOVER TOWNSHIP — Taking another step in its attempt to control the future of the former Ciba-Geigy Corp. Superfund site, the Township Council voted unanimously Tuesday to declare the 1,350-acre property in need of redevelopment.
The 6-0 vote follows a Planning Board recommendation to declare the property a redevelopment zone, a move that would give the council control over what is eventually built on the property.
Representatives of Ciba Specialty Chemicals Corp., which owns the site, have indicated that they intend to challenge the township's redevelopment designation in state Superior Court. Ciba officials have argued that a redevelopment designation is unnecessary and have said they want to work with the township to develop a plan for future building on the property.
Bill Webb of Shady Lane, a former employee of Ciba-Geigy Corp., told council members Tuesday that he thinks Ciba will win such a court case. Webb said he has reviewed the state's redevelopment statutes and does not believe the Ciba property qualifies to be a potential redevelopment zone.
"The site doesn't meet any of the criteria that's here in my estimation," Webb said, holding up a copy of the redevelopment law. "I'm against any development or redevelopment of that site because I know what's out there."
Council President Gregory P. McGuckin, Mayor Paul C. Brush and other council members have said that the township must declare the property a redevelopment zone so that Dover, and not Ciba, will control what is built there.
Township officials have said it is clear some type of development is likely on the property because only about 200 or 300 acres on the site were ever used for Ciba's industrial dye- and resin-making operations. Much of the remaining acreage is upland area that sits near the intersection of two major highways — the Garden State Parkway and Route 37.
Ciba unveiled its plan
It is the largest vacant tract that remains in Dover, and Ciba officials unveiled a conceptual plan last summer that includes 400 acres for residential development, 200 acres for a golf course, more than 200 acres of mixed office and retail use, and a 150-acre park along the Toms River.
The company would need a zoning change to build on the property, which is zoned for industrial use.
Having declared the tract in need of redevelopment, council members must decide whether to create an independent redevelopment authority to oversee future building there, or have the council act as the redevelopment authority.
The township is already involved in litigation with Ciba Specialty Chemicals, attempting to compel the company to remove more than 30,000 drums from a lined landfill on the property. The federal Environmental Protection Agency is overseeing a site cleanup at Ciba that included removing more than 47,000 drums of waste from an unlined landfill there.
In its lawsuit, Dover has argued that the lined landfill, where drums of waste were placed from about 1977 to 1982, is leaking, presenting a potential hazard to ground water.
Ciba has argued that there is no evidence that the lined landfill, known as Cell 1, is leaking, and it has instead contended that it would be more dangerous to dig up and remove the drums.
Bradley M. Campbell, then commissioner of the state Department of Environmental Protection, joined forces with the township last year, demanding that Ciba remove the drums or face a potential state lawsuit. Township officials hope that the DEP maintains that position, even though Campbell has been replaced by a new commissioner, Lisa Jackson.
Evaluating the property
The council is moving forward with its litigation, and Tuesday hired two specialists to assist in its case against Ciba. Hydrogeologist Andrew Michalski, of the firm of Michalski & Associates Inc., was hired for a maximum fee of $30,000, to conduct water sampling at the Ciba property.
The sampling is needed to help determine if Cell 1 is leaking.
McGuckin said that Ciba has agreed to allow Michalski on its property to take the samples on April 24. The company agreed to the sampling after Wolff & Samson, the West Orange law firm representing Dover in the Ciba case, filed a motion to compel the company to allow the water testing.
McGuckin said monitoring wells located to the east of Cell 1, in the direction of the groundwater flow in the area, will be sampled as part of Michalski's testing. Those wells were sealed about 15 years ago and have not been tested in that time.
The township is also seeking state records relating to New Jersey's case against Ciba-Geigy Corp., a seven-year legal battle that was settled in 1992 when the company and two former executives pleaded guilty to illegally dumping pollutants at the site.
The township is seeking witness statements, grand jury records and copies of indictments in the case. Ciba opposes Dover's motion and is attempting to block the state from releasing the documents.
The council also hired Environmental Waste Management Associates at a maximum of $10,000 to determine how much it would cost Ciba to remove the drums from Cell 1.
Mark A. Troncone, township attorney, said he recommended that the council hire the company because officials must know the potential cost should they ever enter into negotiations with Ciba about a Cell 1 cleanup.
"You're talking about big bucks," Webb said.
"I want to know how many big bucks," Troncone said.
Ciba paying high price
Ciba has already spent about $200 million for a groundwater treatment system at the site, and had estimated the cost of the source area cleanup at about $90 million.
That figure is likely low because several thousand more drums of waste were found in the lined landfill than had initially been expected.
Camelot Drive resident Carol A. Benson said whatever the cost, Ciba must foot the entire bill for removing the drums.
"It (cost) really shouldn't matter," she said. "They put it there, and they should remove it."
Published in the Asbury Park Press 04/12/06
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