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Department of Environmentai Protection
PHILIP D. MURPHY pg Box 420 CATHERINE a. MCCABE

Governor Trenton, New Jersey 08625 Commissioner

Y. OLIVER
Lt. Governor

iN THE MATTER OF AND PERELUOROALKYL
SUBSTANCES (PFAS) GENERATED BY:

SOLVAY SPECIALTY POLYMERS USA, 
SOLVAY SOLEXIS, 

DU PONT DE NEMOURS 
DOWDUPONT, 

DUPONT PRODUCTS USA, 
THE CHEMOURS COMPANY EC, 

THE CHEMOURS and,

THE 3M COMPANY

STATEWIDE PFAS 
REQUEST
AND NOTICE TO INSURERS

This Directive, Information Request, and Notice to Insurers (hereafter, ?Directive?) is issued
pursuant to the authority vested in the Commissioner of the New Jersey Department of Environmental
Protection (?Department?) by et seq., the Spill Compensation and Control Act (?Spill Act?),
et seq., the Water Pollution Control Act N.J.S.A. et seq., the Air
Pollution Control Act N.J.S.A. et seq., and the Solid Waste Management Act 
N.J.S.A. et seq., to Solvay Specialty Polymers USA, LLC and its predecessor Solvay Solexis, Inc.
(coliectively, "Solvay?), E.l. du Pont de Nemours Company, (?DuPont?), DowDuPont, Inc.
(?DowDuPont?), DuPont Specialty Products USA, LLC, The Chemours Company FC, LLC (?Chernours FC,
The Chemours Company ("Chemours?) and The 3M Company (collectively, the
?Respondents?) to notify them that the Department beiieves them to be responsible for the significant
contamination of New Jersey?s natural resources, including the air and waters ofthe State, with poly- and
perfluoroalkyl substances including perfluorononanoic acid perfiuorooctanoic acid
and perfluorooctanesulfonic acid and their replacement compounds, including but
not limited to ?GenX?.

PFAS are being discovered in drinking water, groundwater, surface waters, sediments, soils, air,
fish, plants, and other natural resources across NewJersey on a near daily basis. These PFAS compounds
constitute a substantial threat to human health and the environment and a statewide public nuisance:
they are extremely resistant to degradation and thus persist indefinitely in the environment; they
bioaccumulate; they are commoniy contained in consumer and household products; and contamination
from PFAS is now ubiquitous in New Jersey. While Respondents and their predecessors in interest have
understood the toxic characteristics of PFAS for decades, regulatory agencies around the world are only
now coming to understand the true nature and dangers ofthese global contaminants. As further detailed
below, the Department has expended and will continue to expend tremendous resources to identify and
investigate the presence of PFAS in New Jersey's environment, as well as to monitor, treat, clean up,
and/or remove PFAS in impacted areas. As a result, the Department has determined that it is imperative

The State of New Jersey is an equal opportunity employer. Printed on recycled and recyclable paper.

 

to the protection of public health and safety and the environment of New Jersey that such investigation,
monitoring, testing, treatment, cleanup and removal continue, and that Respondents, not New Jersey
residents, pay for these activities.

To protect public health and the environment, the Department requires a fuli understanding of
Respondents? historical development, manufacture, transport, use, storage, release, discharge, and/or
disposal of PFAS in New Jersey. The Department likewise requires an immediate understanding of
Respondents? current development, manufacture, transport, use, storage, release, discharge, and/or
disposal of any chemical replacements for PFAS in New Jersey. While these replacement chemicals have
been touted as short-chain and having shorter half-lives, some may have similar toxicity and, like their
predecessors, they do not break down in the environment and have also been detected in drinking water,
groundwater and surface waters in NewJersey. Therefore, the Department is directing that Respondents
provide a complete accounting oftheir historical and current activities with respect to these chemicals in
NewJersey.

Under the Spill Act, WPCA, and APCA, the Respondents are responsible for 
including PFNA, PFOA, PFOS and their replacement PFAS have been discharged or
released into New jersey?s air, water and other natural resources, as set forth below.

FINDINGS
A. PFAS Contamination in New Jersey
PFAS: Contaminants of Emerging Concern

1. Poly- and perfluoroalkyl substances, collectively referred to as PFAS, are man?made chemicals
manufactured and used in the United States since the 19405. PFAS have fire~resistant properties
and act as oil, grease and water repellants. They have been used to make numerous househoid
products, including name brands such as Stainmaster?, Scotchgard?, Teflon?, Gore-Tex?, and
Tyvek?. PFOS has long been used in aqueous film?forming foam used to fight fires. There
are iiteraily thousands of PFAS compounds.

2. PFAS are highly persistent in the environment and are resistant to metaboiic and environmental
degradation processes. They are also bioaccumulative, resuiting in the buildup ofthese toxins in
living tissue. As a result, people exposed to these substances through drinking water or other
means accumulate increasing concentrations of PFAS in their blood. Some PFAS are classified as
likely human carcinogens. Studies show that exposure to PFAS may cause testicular cancer,
kidney and liver cancer, and autoimmune and endocrine disorders in aduits as well as
developmental effects to fetuses during pregnancy or to breastfed infants. Other associated
human health effects include reduced vaccine response, and increased cholesterol and liver
enzymes.

3. DuPont and 3M knew ofthe heaith and environmental impacts of PFAS for decades but continued
to use them in products and to release them into the environment. 3M knew that PFOA and PFOS
were harmful to people and the environment, including based on its own studies from as early as
the 19705. 3M also knew that the chemicals couid leach into groundwater and contaminate the
environment. DuPont knew for decades that PFOA was toxic, including through studies of its own
workers. DuPont also knew that PFOA was being discharged into the environment, but faiied to
disclose the risks to regulators or the public. Likewise, through its membership in an industry

 

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trade group that conducted toxicology studies on PFNA in the 20005, Solvay knew or should have
known of the adverse effects of PFNA exposure. Solvay knew that it was discharging large
amounts of PFNA into the environment from their West Deptford, New Jersey facility at least as
early as 1991.

The United States Environmental Protection Agency has identified PFAS as ?emerging
contaminants,? which are currently unregulated at the federal level. In 2009, EPA issued
preliminary health advisory values for PFOA and PFOS in drinking water of 400 parts per trillion
and 200 ppt, respectively. in 2016, EPA reduced its advisories for the chemicals in drinking
water to 70 ppt, combined. Other federal agencies have suggested drinking water values should
be much lower. Then, in 2018, the US. Department of Health and Human Services, Agency for
Toxic Substances and Disease Registry released draft minimum risk levels?the amount
ofa chemical a person can eat, drink or breathe each day without a detectable risk to healthufor
PFOA and PFNA equivalent to 21 ppt, and for PFOS 14 ppt.

Regulation of PFNA, PFOA and PFOS.

in the absence of action at the federal level to meaningfully regulate these contaminants of
emerging concern, New Jersey has acted to protect its citizens and environment and to regulate
PFNA, PFOA and PFOS, including by seeking to establish Maximum Contaminant Levels 
and Groundwater QualityStandards for these chemicals, and to add these chemicals
to the Department?s List of Hazardous Substances at N.J.A.C. 7:1E-Appendix A, as well as taking
other necessary actions.

The New Jersey Drinking Water Quality Institute is established pursuant to the Safe
Drinking Water Act N.J.SA. et seq. It is an advisory body that, among other
items, provides the Department with maximum contaminant level recommendatiOns for New
Jersey-specific drinking water contaminants.

The Department establishes IVICLs at N.J.A.C. 7:10 pursuant to the SDWA to protect the public
against consumption ofdrinking water contaminants that present a risk to human health. N.J.S.A.
apply to public community and public non?community water systems, which
are required to monitor for contaminants for which MCLs have been established, and to take
actions to reduce contaminant levels or other appropriate actions when there is an exceedance
of the MCL.

GWQS are set forth at N.J.A.C. 7:90 and are implemented as limits on discharges to groundwater
pursuant to the NewJersey Pollutant Discharge Elimination System ruies, 
and as groundwater remediation standards, N.J.A.C. 

In Juiy, 2015, DWQI recommended to the Department that an MCL for PFNA of 13 be
established, and on November 25, 2015, the Department established an interim GWQS for PFNA
of 10 pursuant to N.J.A.C. 

in March 2017, after public comment and a vote, DWQI recommended to the Department that
an IVICL for PFOA of 14 be established.

In November 2017, after public comment and a vote, DWQI recommended to the Department
that an IVICL for PFOS of 13 be established.

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12January 16, 2018, the Department adopted a specific GWQS for PFNA of 10 and added
PFNA to the Department?s List of Hazardous Substances (see 50 N.J.R. 334(a)).

On September 4, 2018, consistent with the recommendation of DWQI, the Department adopted
an MCL for PFNA of 13 (see 50 

On January 17, 2019, the Department solicited public input and posted on its website technical
documents in support of its draft Interim Specific Groundwater Quality Criteria for PFOA and PFOS
of 10 ppt. See Public Comment PFOS PFOA.html.

On March 13, 2019, the Department established interim specific groundwater quality criteria for
PFOA and PFOS of 10 ppt, pursuant to N.J.A.C. See
These interim specific criteria became effective on
posting to website, and will remain in effect until replaced with specific criteria. N.J.A.C.


The Department has submitted to the Office of Administrative Law a notice of proposed rule
amendments concerning PFOA and PFOS, which is anticipated to be published in the New Jersey
Register on April 1, 2019. The Department will propose amending the Safe Drinking Water Act
rules establishing MCLs for PFOA of 14 and for PFOS of 13 ppt; establishing groundwater
quality criteria standards for PFOA of 14 and PFOS of 13 ppt,- and adding PFOA and PFOS to
the List of Hazardous Substances.

PFAS Contamination in New Jersey

The Department's first statewide occurrence study of PFAS in drinking water in 2006, which
focused on PFOA and PFOS near facilities that used, handled, stored and/or manufactured PFOA
and/or other chemicals, revealed that, out of the 23 drinking water sources sampled, PFOA and
PFOS were detected in 65?percent and 30-percent ofthe systems tested, respectively.

In order to gain further knowledge on the occurrence of PFOA, PFOS and other PFAS in New
Jersey?s drinking water sources, the Department initiated a second occurrence study in 2009 and
early 2010. The results of this second occurrence study revealed that, out of 33 drinking water
samples from 20 of New Jersey?s 21 counties, between one and eight PFAS compounds were
detected in 70-percent of the samples. In the samples tested, PFOA was detected in 57?percent
(up to 100 ppt), PFOS was detected in 30?percent (up to 43 ppt), and PFNA was found at the
highest reported level in drinking water anywhere in the world, at 96 ppt.

The Department is continuing to study PFAS compounds and their impact on New Jersey?s
environment. In 2018, the Department performed an assessment of 13 PFAScompounds in the
ecosystems of 11 waterways across New Jersey, which included analyzing surface water, sediment
and fish tissue samples. The results of this study revealed all surface water samples and most
sediment samples to have multiple PFAS compounds. Fish from all waterbodies also contained
PFAS compounds, resulting in the need for the Department to issue more restrictive fish
consumption advisories for 10 ofthese sites.

As of March 19, 2019, 564 of 1,069 public water systems (53?percent) have reported the results
of PFAS sampling under N.J.A.C. 7:10-5. 70 public water systems not previously identified through

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other sampling events -- 12-percent of the public water systems reporting -- reported levels at or
above the recommended for PFNA, PFOA, PFOS, or a combination ofthe three. Prior to the
first quarter monitoring required by N.J.A.C 7:10-5 described above, another 46 water systems
reported levels at or above the recommended MCLs for PFNA, PFOA, PFOS or a combination of
the three.

The Department has also sampled for PFAS as part of remedial investigations in specific locations
around the State, including 992 private wells sampled as of June 2018. Through this targeted
effort, the Department has detected PFOA in 427 private wells or 43-percent of the wells
sampled and 284 private wells were found to have levels of PFOA exceeding the proposed MCL.
PFOS was found in 304 private wells or 31-percent of the private wells tested with detections
at 40 wells above the proposed PFOS As of April 3, 2018, out of the 400 wells sampled as -
part of the remedial investigation emanating from Solvay?s site, 83 wells 21-percent required
installation of a point of entry treatment system for PFNA 

Responsible Parties

Respondents are responsible for the significant PFAS contamination across New Jersey and the
costs the Department has incurred, and will incur, responding to this threat to public health,
safety and the environment.

1. Solvay

Solvay Specialty Polymers USA, LLC (and its predecessor Solvay Solexis, inc.) (collectively ?Soivay?)
is a Delaware Corporation with its principal place of business at 10 Leonard Lane, West Deptford,
New Jersey.

Solvay (formerly known as Ausimont USA, Inc.) has been the owner and operator of a
manufacturing facility located at 10 Leonard Lane and Crown Point Road, Block 328, Lots 1.01 and
1.07 on the tax maps of West Deptford Township, Gloucester County, from 1990 to the present
(the ?Soivay Site?). From approximately 1990 to 2012, Solvay manufactured polyvinylidene
fluoride at this facility, which is a specialty plastic that is utilized in conjunction with
lithium batteries, medical and defense uses, semi-conductors, or other instances when a higher
level of purity is required. During most ofthis time, Surflon 5-111 was used in the manufacturing
process for PVDF. Surflon 5-111 is composed of approximately 74% PFNA. Solvay?s facility was
considered to have the second highest capacity in the world for purposes of using Surflon 8-111
to make PVDF. As a result of Solvay?s operations at the facility, it discharged massive amounts of
the Surflon 5-111 (primarily, PFNA) into the surrounding air and water. The site, off-site
properties, and New iersey?s natural resources, including air, surface waters, groundwater, and
drinking water sources, are contaminated with PFNA.

Additionally, Solvay also used sodium perfluorooctanoate as a surfactant at its facility.
The (which is a salt of PFOA) was supplied to Solvay by 3M. degrades into PFOA.
The site and surrounding area are also contaminated with PFOA as a result of Solvay?s activities
at the facility.

As of March 19, 2019, out of the 400 wells sampled as part of the remedial investigation around
the Solvay Site, 83 wells 21-percent required installation of a POET system for PFNA or PFOA.

 

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Currently, Solvay is using a replacement chemical for PFNA for use in the manufacture of its
polyvinylidene product. This compound, identified in Wang, 2013, as ?Solvay?s product? (CAS No.
329238-24-6) is a chloro perfluoro polyether carboxylate and has been identified in
environmental matrices in Salem and Gloucester Counties.

2. DuPont/ DowDuPont

DuPont is a Delaware Corporation with its principal place of business in Wilmington, Delaware.
DowDuPont is a Delaware Corporation with its principal place of business in Wilmington,
Delaware.

DuPont owned and operated Chambers Works, 67 Canal Road and Route 130, located in
Pennsville and Carneys Point Townships, Salem County, from 1891 to 2015. PFOA was used at
Chambers Works beginning in the late 19505. At varying times PFOA was used to, among other
things, manufacture fluoroelastomers, perfluoroelastomers and specialty fluoroelastomers used
in a variety of consumer and other products for their chemical non?stick and heat-resistant
properties. Telomers were also used and manufactured at Chambers Works, and PFOA is a by?
product of the telomer manufacturing process. DuPont also accepted large quantities of 
containing waste from off?site facilities, including its Washington Works facility in Parkersburg,
West Virginia, and discharged this waste along with wastewater from its on?site PFOA?related
processes through its wastewater treatment plant. As a result of the above, DuPont has
discharged PFOA as well as other PFAS, including PFNA, from Chambers Works for decades, which
has contaminated the site and the surrounding area.

As set forth below, DuPont spun-off its ?performance chemicals? business lines (including Teflon
and various other products associated with PFAS constituents) by creating Chemours on July 1,
2015. As part of a series of related transactions, DuPont also transferred its Chambers Works
property to Chemours FC, LLC at that time. Nonetheless, DuPont continued to operate an
industrial facility on the Chambers Works property, manufacturing aramids and fluoroelastomers
on a portion of the Chemours Chambers Works site pursuant to an industrial lease (whereby
DuPont was the tenant and Chemours FC, LLC was the landlord). in March of 2018, DuPont
announced that would cease production of aramids on its Chambers Works leasehold but that it
would continue to produce fluoroelastomers on the Site.

With respect to the area surrounding Chambers Works, sampling of residential drinking water
wells in the area has revealed contamination?at least five miles away from the facility. in total,
341 individual drinking water wells have been sampled, and 168 have exceeded applicable
screening criteria, based on the concentrations of PFOA, PFNA, or PFOA and PFOS combined.
GenX was also detected in residential drinking water. Investigation of contamination in this area,
aside from these selected wells, remains necessary in order to fully assess impacts to
groundwater, surface water, soils, sediments and biota.

Additionally, DuPont has been the owner and operator of its Pariin Facility, located at 250
Cheesequake Road, Sayreville Borough, Middlesex County since 1904. Currently, some or all of
the facility is owned by another DuPont entity, DuPont Specialty Products USA, LLC. Beginning in
the late 19705, DuPont blended fluoropolymers at its Pa rlin facility, and produced Teflon? finishes.
As a result of these activities PFOA was released into the environment from the facility. in 2006
and 2007, DuPont discovered PFOA releases, both on-site and off?site. Among other things, those
releases have contaminated groundwater, including off?site. in an email dated February 4, 2019,

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DuPont provided sampling results to the U.S. Environmental Protection Agency and the
Department of sampling conducted in several groundwater monitoring wells at the DuPont Parlin
facility. Those results show that GenX was detected in several groundwater monitoring wells at
the DuPont Parlin facility. Aiso, previous sampling of finished water at the Perth Amboy Wellfield
has documented the presence of PFOA at concentrations both above and below the Department?s
Interim Specific Ground Water Quality Standard of 10 ppt; individual supply wells may
exceed the PFOA The Perth Amboy Welifield is located approximately one and a half
miles south ofthe Parlin facility.

DuPont also manufactured PFOA in North Carolina that was then transported, used, disposed of,
or discharged in New Jersey, further making it in any way responsible for such contamination.
After 3M decided to stop manufacturing PFOA due to its toxicity, DuPont began producing its own
feedstock of the chemical in 2002. DuPont manufactured PFOA until repiacing it with GenX.
DuPont manufactured and GenX until transferring its performance chemicals business and
iiabilities to Chemours.

in 2017, DuPont merged into a direct subsidiary of DowDuPont, inc., becoming owned and
controlled by DowDuPont. DowDuPont is restructuring and movingthe vast majority ofthe assets
of DuPont to itself and other entities, which it will spin off into independent, publicly traded
entities. These transactions, along with the transfer ofthe Pa rlin Site to DuPont Specialty Products
USA, LLC and the industrial lease at Chambers Works, may trigger the requirements of the
Industrial Site Recovery Act, N.J.S.A. et seq. which would require the
estabiishment of an appropriate remediation funding source, among other requirements.

3. The Chemours Entities

The Chemours Company is a Delaware Corporation with its principal place of business in
Wilmington, Deiaware. The Chemours Company FC, LLC is a Delaware Limited Liability Company
with its principal place of business in Wilmington, Deiaware.

In 2013, confronted with mounting PFAS liabilities, DuPont announced its plans to spin off its
performance chemicals business into a separate pubiicly traded company, Chemours. In order to
effectuate the spin off and transfer of certain assets and liabilities, a number of corporate entities
were created. In 2014, Chemours FC, LLC was created. in 2015, DuPont transferred ownership of
the Chambers Works property to Chemours FC, LLC. Following the spin-off, Chemours FC, LLC
became a subsidiary of Chemours. Chemours FC, LLC remains the owner of the Chambers Works
property, white Chemours operates the site. The Chemours transactions may have also triggered
the requirements of which would require the establishment of an appropriate remediation
funding source, among other requirements.

Chemours FC, LLC, as well as Chemours, accepted the transfer of Chambers Works knowing that
the site was contaminated with PFOA and other PFAS, that PFAS was discharged at the site, that
there was PFAS contamination in the surrounding area, that remediation of the site and the
surrounding area wouid be required as a result of this contamination, and that funds would need
to be available forthe same.

Additionally, since Chemours FC, LLC became the owner and Chemours the operator of Chambers
Works, PFOA and other PFAS continue to be discharged at the site.

 

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Further, Chemours has agreed to assume certain liabilities of DuPont?s with respect to PFOA and
other PFAS.

Currently, Chemours is using PFAS repiacement chemicals, inciuding GenX technology and
associated chemicals hexafluoropropyiene oxide dimer acid and its ammonium salt, in
its manufacturing processes for Krytox? at Chambers Works. As a resuit ofthis process, HFPO-DA
is discharged into New Jersey's water and emitted into New Jersey?s air.

HPFOA-DA has been detected in residential drinking water wells surrounding Chambers Works.

4. The 3M Company
3M is a Delaware Corporation with its principal place of business in St. Paul, Minnesota.

SM is a person in any way responsible for PFOA and PFOS discharged in Newiersey as the primary
manufacturer of PFOA, which it supplied to DuPont, Soivay and others, and PFOS, which were
both discharged across New Jersey?s environment.

3M has been identified by the United States EPA as the dominant global producer of PFOA and
related chemicals, manufacturing approximately 85 percent or more of total worldwide volumes
of PFOA. 3M supplied PFOA to DuPont for use in its manufacturing processes until at least the
early 20005. DuPont discharged this PFOA in New Jersey, including at Chambers Works and its
Parlin facility, resulting in contamination of New iersey?s environment. 3M also supplied 
to Solvay, which it discharged in New Jersey?s environment.

3M was also a primary manufacturer of PFOS, and produced containing PFOS and PFAS. 3M
sold from the 19605 to the early 20005, which was used at military bases, airports and
firefighting training facilities.

Use of in New Jersey has discharged PFOS and other PFAS into New Jersey?s environment.
For exampie, use at Joint Base McGuire-Dix-takehurst and FAA William J. Hughes Technical
Center has resuited in significant contamination of surrounding drinking water sources and
naturai resources. The Department?s efforts to identify sites where was used is ongoing.

New jersey PFAS-Reiated Costs.
Costs Previously incurred by the Department

As of March 4, 2019, the Department has incurred at least $3,105,084.91 to investigate, monitor,
test, treat, remediate, clean up and remove PFNA and PFOA from the area surrounding Solvay?s
facility in West Deptford. And, the Department continues to incur costs associated with PFNA and
PFOA on a daily basis.

The above-referenced costs do not include all costs previously incurred by the Department, and
will be supplemented. Among other things, the Department may seek reimbursement from
Respondents for its statewide studies of the occurrence of PFAS and related research and the cost
of the Division of Science Research?s labor on PFAS studies.

 

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Future Costs to be incurred by the Department

The Department expects to incur hundreds of millions ofdoilars in costs assessing and responding
to the discharge of PFAS into the environment of New iersey.

The Department anticipates incurring additional costs related to ongoing and new studies and
research projects to further assess the impacts of PFAS on groundwater, surface waters, marine
and freshwater fish and other aquatic life, biota, and human health.

The Department anticipates incurring costs to investigate, monitor, test, treat, remediate, clean
up and remove PFNA, PFOA and PFOS from NewJersey?s drinking water and waste water systems.

The Department anticipates incurring costs to investigate, monitor, test, treat, remediate, clean
up and remove PFNA, PFOA and PFOS from New Jersey?s private drinking water wells.

The Department anticipates incurring costs to investigate, monitor, test, treat, remediate and
clean up and remove PFNA, PFOA and PFOS from New Jersey?s natural resources, including
groundwater, surface water, soii, sediments and biota.

The above list of future costs the Department anticipates incurring is not exhaustive. Rather, this
list is meant to provide a framework for estimating future costs related to PFNA, PFOA and PFOS
for the purposes of establishing a funding source for these costs to be maintained by
Respondents.



The Department is broadly empowered to take appropriate action to prevent the pollution of New
Jersey?s environment and abate nuisances in connection therewith. The
Department is also charged with enforcing New Jersey?s environmental laws, including the Spill
Act, the WPCA, the SWMA, and the APCA. The Department may direct persons to post a
performance bond or other security for the fol! estimated cost to correct violations of New
Jersey?s environmental laws. N.J.S.A. 

The substances referenced in the paragraphs above are hazardous substances pursuant to the
Spill Act, N.J.S.A. pollutants pursuant to the WPCA, N.3.S.A. soiid
waste pursuant to the SWMA, N.J.S.A. and air contaminants pursuant to the APCA,
N.J.S.A.- 

The Department is authorized to seek and obtain information from persons related to discharges
or potentiai discharges of poliutants into the waters of the State, discharges of hazardous
substances, disposal of solid waste, and releases of air contaminants. Pursuant to the WPCA, the
Department is empowered to assess a person?s compliance with the Act, and may request from
any person who has information relevant to discharges of pollutants to provide certain documents
and/or information to the Department. N.3.S.A. Additionally, pursuant
to the Spiil Act, persons who may be subject to iiability for discharges must immediately notify
the Department of same. N.J.S.A. Further, pursuant to the APCA, the Department
is empowered to require the filing of reports concerning information related to emissions, and

 

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persons who cause a reiease of air contaminants which pose a potential threat to the public
health, welfare or the environment are obligated to immediately notify the Department of same.
N.J.S.A. 

Further, pursuant to the Spill Act, when a hazardous substance is discharged, the Department may
act in its discretion to clean up and remove or arrange for the cleanup and removal of the
discharge or may direct the discharger to clean up and remove, or arrange for the cleanup and
removal of, the discharge. N.J.S.A. The Department is authorized to direct a
responsible party to pay for the cleanup and removal of the discharge prior to the Department
cleaning up and removing or arranging for the cleanup and removal of the discharge. The
Department is also authorized to seek compensation for damages incurred by all parties injured
by these discharges. N.J.S.A. Any discharger that fails to comply with a directive
shall be liabie to the Department in an amount equal to three times the cost of such a cleanup
and removal, and shall be subject to the revocation or suspension of any license issued or permit
held authorizing that person to operate a hazardous waste facility or solid waste facility. N.J.S.A.


Pursuant to N.J.S.A. any person who has discharged a hazardous substance or is
in any way responsible for any hazardous substance, shall be strictly iiabie, jointly and severally,
without regard to fault, for all cleanup and removal costs no matter by whom incurred. Such
person shall also be strictly liable, jointly and severally, without regard to fault, for all cleanup and
removal costs incurred by the Department.

Pursuant to N.J.S.A. Respondents are or will be persons who discharged a
hazardous substance or are in any way responsibie for the discharge of a hazardous substance.

Respondents are persons whom the Department believes have, or may have, information relevant
to a discharge or potential discharge of hazardous substances and pollutants, the disposal of solid
waste and the release of air contaminants in a quantity or concentration which poses a potential
threat to public health, welfare or the environment.

In accordance with the above, the Department hereby directs Respondents to take the following
actions. 

Payment of Previously Incurred Costs

Solvay, within 30 days after receipt of this Directive, shall reimburse the Department for the
Department?s previously incurred costs to investigate, treat, cleanup and remove PFNA, PFOA and
other PFAS at and the area around its West Deptford facility, as recounted in paragraph 47 and
48 above. Soivay shall pay $3,105,084.91 to the Department as reimbursement for the currently
calculated past costs incurred.

The Department hereby directs Solvay to assume responsibility for operation and maintenance of
all ofthe POETs instailed to address PFNA associated with the Solvay Site by taking the following
actions according to the following expedited site?specific timeframes, established pursuant to
N.J.A.C. Note the timeframes specified herein do not represent an extension to any
past due timeframes and the Department reserves the right to pursue penalties back to the
originai due dates:

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a. Solvay shail maintain a iicensed site remediation professional for the remediation of the
entire Solvay Site, pursuant to N.J.A.C. 

b. Solvay shall assume the monitoring and maintenance ofthe POET Systems at the Solvay Site
pursuant to N.J.A.C. including but not limited to the following:

1) As first priorities, Solvay shall conduct the following:

i) Within ninety (90) days after receipt of this Directive, assume operation and
maintenance of the POETs installed by the Department at the following iocations to
address PFNA contamination associated with the Soivay Site:

West Deptford Township, Gloucester County
1) Block 128, Lot 2, 1692 Crown Point Road; and
Block 351, Lot 8.03, 963 Kings Highway; and



3) Block 351, Lot 8.01, 965 Kings Highway; and

4) Block 346.07, Lot 21.02, 643 Mantua Grove Road; and
5) Biock 346.07, Lot 21.05, 639 Mantua Grove Road; and
6) Block 358, Lot 6.02, 667 Mantua Pike; and

7) Block 350.03, Lot 45, 1043 Kings Highway, and

8) Block 346.07, Lot 21.01, 619 Mantua Grove Road, and
9) Block 325, Lot 7.02, 1752 Crown Point Road, and

10) Biock 353, Lot1.03, 350-?352 Parkville Station Road, and
11) Biock 354, Lot 1.03, 1098 Jessup Road, and

Greenwich Township, Gloucester County
12) Block 253, Lot 5, Greenwich Lake Park; and

13) Block 263, Lot 3, 665 Swedesboro Road, and

14) Block 263, Lot 4, 625 Swedesboro Road, and

15) Block 255, Lot 1, 631 Swedesboro Road, and

16) Block 255, Lot 4, 656 Swedesboro Road, and

17) Block 261, Lot 4, 465 Swedesboro Road, and

18) Block 249, Lot 1, 405 Tomlin Station Road, and


Block 358, Lot 6, 671 Mantua Pike, and

Logan Township, Gloucester County

20) Block 2801, Lot 8, 284 Pedricktown Road, and
21) Block 2801, Lot 8, 286 Pedricktown Road, and
22) Block 2801, Lot 8, 288 Pedrickton Road, and
23) Block 2801, Lot 8, 290 Pedricktown Road, and
24) Block 2801, Lot 14, 300 Pedricktown Road, and
25) Block 43, Lot 8, 288 Fioodgate Road, and

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26) Block 2304, Lot 5, 2510 Oldmans Creek Road, and
27) Block 501, Lot 28.02, 548 Route 44, and

28) Block 1003, Lot 11, 676 Oak Grove Road, and

29) Block 101, Lot 7, 104 Route 130, and 

30) Block 2706, Lot 48, 2251 Township Line Road, and
31) Block 3103, Lot 10, 42 Jackson Street, and

32) Block 1303, Lot 8, 32 iackson Street, and

33) Block 3103, Lot 9, 36 iackson Street, and

Swedesboro Borough, Gloucester County
34) Block 2, Lot 15, 320 Floodgate Road, and Oldmans, Salem County
Block 11, Lot 7.01, 59 South Railroad Avenue, and
Block 11, Lot 7.03, 67 S. Railroad Avenue, and
Block 3, Lot 13, 187 N. Railroad Avenue, and
38) Block 28.01, Lot 61, 22 Seminole Lane, and
Block 28.01, Lot 35, 171 Straughns Miil Road, and
Block 28.01, Lot 37, 157 Straughns Mill Road.

Within ninety (90) days after receipt of this Directive, assume operation and
maintenance of the thirty (30) POETs installed by the Department at the
following locations to address PFOA contamination associated with the Solvay
Site:

Logan Township, Gloucester County

41) Block 502, Lot 5, 43 Floodgate Road

42) Block 605, Lot 8, 139 Repaupo Station Road
43) 605, Lot 17.01, 204 Repaupo Road
44) Block 1003, Lot 13.01, 738 Oakgrove Road
45) Block 1003, Lot 12.01 736 Oak Grove Road
46) Block 1003, Lot 3.01 82 Coontown Road
47) Block 11102, Lot 22, 2789 Route 322
48) Block 2801, Lot 11, 304 Pedricktown Road
49) Block 1102, Lot 21, 2799 Route 322
50) Block 3102, Lot 1, 133 Route 130
51) Block 3102, Lot 9, 139 Route 130

52) Block 3102, Lot 3, 2537 Center Square Road

53) Block Lot_, 137 Route 130 [To Be Updated]
54) Block 3101, Lot 10, 42 Jackson Street

55) Block 1301, Lot 8, 32 Jackson Street

56) Block 3103, Lot 9, 36 .iackson Street

57) Block 3103, Lot 7, 26 Iackson Street

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Swedesboro Borough, Gloucester County
58) Block__, 324 Floodgate Road [To Be Updated)

Greenwich, Gloucester County
59) Block 255, Lot 1.01, 641 Swedesboro Road

Oldman?s Township, Salem County

60) Block 2801, Lot 56, 16 Pedricktomeoodstown Road
61) Block 28.01, Lot 60, 18 Seminole Lane
62) Block 28.01, Lot 59, 6 Seminole Lane
63) Block 3, Lot 13, 191A North Railroad Avenue
64) Block 29, Lot 8.01, 158 Straughns Mill Road
65) Block 28.01, Lot 10, 52 Pedricktown?Woodstown Road
66) Block 28, Lot 27, 80 Tighe Road
67) Block 29, Lot 8.02, 162 Straughns Mill Road
68) Block 28, Lot 27.04, 379 Perkintown Road
69) Block 28.01, Lot 54, 24 Seminole Lane
70) Block 178 Pedricktown-Woodstown Road BE 

c) Within ninety (90) days after receipt of this Directive identify and sample all
potable wells within 500 feet down gradient, 500 feet side gradient and 250
feet up gradient of each previously identified impacted potable well, pursuant
to N.J.A.C. 

d) Within one hundred twenty (120) days after receipt of this Directive
implement treatment and monitoring, in accordance with N.J.A.C. 72631.11,
for potable wells with documented exceedances of the 13 PFNA MCL
attributable to the Site, and/or with documented exceedances of the 14 
action level for PFOA.

65. Solvay shall submit an updated Remediation Cost Review and Remediation Funding
Source/Financial Assurance Form to include the cost of additionally required potable sampling
and implementation of treatment and monitoring.

66. Payments made pursuant to paragraphs 47, 48 and 63 above shall be made by certified check or
cashier's check payable to ?Treasurer, State of New Jersey? and mailed to:

Division of Revenue and Enterprise Services
PO. Box 417
Trenton, New Jersey 08646?0417

With a copy to:

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Catherine R. 

Commissioner

New Jersey Department of Environmental Protection
401 East State Street

Trenton, New Jersey 08625

Funding of Future Costs of investigation, Treatment, Cleanup and Removal, and Liability of the
Spiil Fund

67. Respondents, within 30 days of receipt of this Directive, shall meet coltectiveiy with the
Department to discuss a good faith estimate for future costs to investigate, test, treat, cleanup,
and remove PFNA, PFOA, and PFOS from New Jersey?s environment and discuss Respondent?s
establishment of funding sources for same. Future costs include, but are not limited to:

a.

The Department's continued studies and research on the presence of PFAS in New
Jersey?s environment, as referenced above in paragraphs 49 to 54;

Costs to investigate, test, treat, remediate, clean up and remove PFNA, PFOA and PFOS
from New Jersey?s drinking water systems and waste water systems; -

Costs to investigate, test, treat, remediate, clean up and remove PFNA, PFOA and PFOS
from New Jersey?s private drinking water wells and irrigation welis;

Costs to investigate, test, treat, remediate and clean up and remove PFNA, PFOA and
PFOS from NewJersey?s natural resources, including air, groundwater, surface water, soii,
sediments and biota;

Costs of assessment, replacement, restoration and compensation for ali injured natural
resources, including but not limited to, all lost use and value and ecological injury;

All damages incurred by persons other than the State who are injured by the conduct of
Respondents and recoverable by the Department on their behalf;

All damages and economic impacts incurred by the State as a result of the conduct of
Respondents; and

Ali liabilities and damages incurred by the Spiil Fund as a result of the conduct of
Respondents.

Information Related to Historic Use of PFNA, PFOA and PFOS, and Current Use of Replacement
Chemicals

68. Each Respondent, as applicable, within 21 days of receipt of this Directive, shall provide the
following information to the Department regarding its historic use of PFNA, PFOA and/or PFOS in
NewJersey;

a.

identify all PFNA, PFOA and PFOS manufactured, supplied, transported, stored, used,
treated, disposed, and/or discharged in New Jersey;

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69.

70.

71.

72.

b. identify the nature, extent, source and location of discharges of PFNA, PFOA and PFOS
into the waters of the State;

c. Identify the nature, extent, source and location ofemissions of PFNA, PFOA and PFOS into
air;

cl. if the Respondent is not the manufacturer, supplier, or transporter of PFNA, PFOA and
PFOS, identify any such manufacturer, supplier or transporter; and

e. The Respondent?s to pay for, or perform, the cleanup and removal of PFNA, PFOA
and PFOS from New iersey's environment, and every ?change of ownership? (as defined
in N.J.S.A. involving Respondents? current orformer sites in Newlersey.

Each Respondent, as applicable, within 21 days of receipt of this Directive, shall provide the
following information to the Department regarding its use of PFAS replacement chemicals 
those short-chain PFAS chemicals used in any manufacturing process as a replacement for PFNA,
PFOA and/or PFOS) in New Jersey:

a. Identify all replacement chemicals manufactured, transported, stored, used, treated,
disposed, and/or discharged in New Jersey, and the toxic characteristics of any such
chemicals;

b. Identify the nature, extent, source and location of discharges of replacement chemicals
into the waters ofthe State;

c. identify the nature, extent, source and iocatlon of emissions of replacement chemicals
into air;

d. If the Respondent is not the manufacturer or transporter of the replacement chemicals,
identify any such manufacturer or transporter; and

e. The Respondent?s ability to pay for, or perform, the cleanup and removal of replacement
chemicals from New Jersey?s environment.

Each Respondent, as applicable, in responding to the above-referenced information requests,
must conduct a diligent search of its records and make reasonable inquires of its employees, and
further has the continuing obligation to supplement such information if additional relevant
information is discovered, or if it determines information previously provided to the Department
was false, inaccurate or misleading. N.J.S.A. 

For the avoidance of doubt, this Directive is not a formal enforcement order, a final agency action
or a final legal determination that a violation has occurred. This Directive is not subject to pre?
enforcement review and may not be appealed or contested.

NOTICE
Failure to comply with this Directive-and Notice to Insurers will increase Respondents? potential
to the Department in an amount equal to three (3) times the cost of arranging for the

cleanup and removal ofthe discharge and may cause a lien to be placed on Respondents? real and

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personal property pursuant to the Spill Act, N.J.S.A. including a first priority lien on
the properties where the discharge(s) have occurred.

73. Pursuant to N.J.S.A. N.J.S.A. N.J.S.A. and N.J.S.A. the
Department may require through a court action compliance with the Spill Act, WPCA, APCA, and
SWMA. Failure by Respondents to comply with this Directive may result in an enforcement action
by the Department, which will subject each Respondent to penalties of up to $50,000 per day and
each day ofviolation constitutes an additional, separate and distinct violation.

RESERVATION OF RIGHTS

74. The Department reserves the right to direct Respondents to take or arrange for the taking of any
additional remediation that the Department determines to be necessary to protect the public
health and safety and/or the environment and to seek full reimbursement and treble damages
for all costs incurred in taking such additional remediation if Respondents fail to comply with the
applicable provisions of this Directive.

75. The Department reserves and remedies under the Spill Act, WPCA, SWMA and APCA as
well as all other applicable statutes not set forth herein and the common law of New Jersey,
including its right to bring an action in the Superior Court for appropriate relief.

NOTICE TO INSURERS
76. Pursuant to N.J.S.A. any claims for costs ofcleanup or damages by the State may be

brought directly against the bond, insurer or any other person providing evidence of financial
responsibility, and Respondents are directed to put their insurers on notice of such.

NEW JERSEY DEPARTMENT OF
ENVIRONMENTAL PROTECTION

DATE: March 25, 2019 By:
Catherine R. McCabe, Commissioner

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