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POMPTON LAKES - Boro to hire DuPont watchdog
(by Leslie Scott - Staff Writer - July 16, 2008)
POMPTON LAKES - The Borough Council voted to seek out consulting firms that would look over DuPont’s shoulders as it works to clear up toxic vapors encroaching upon neighborhoods from the company’s former explosives plant.
The council held a special meeting July 10 to discuss whether it should hire a hydrogeologist that would be paid for by DuPont. During the meeting, the council heard advice from two professionals experienced in this line of work: Bill Wolfe, a former policy advisor for the New Jersey Department of Environmental Protection (DEP) and borough resident Dr. Bill Pendexter, who is a hydrogeologist with EcolSciences of Rockaway.
Wolfe discussed the state-monitored mediation process and what the council should consider as it moves forward.
Pendexter discussed the role a consultant would have in this process.
Councilwoman Lisa Riggiola suggested the borough speak with the DEP to find out how long the mediation should take, the seriousness of the vapor gases, its thoughts on the abatement system and why the plume of contaminated ground waters was determined by DuPont and not DEP.
The council also had concerns about why DuPont, the company responsible for the pollution, is in charge of the cleanup.
“I think none of us are experts and we need to have an expert with us to have those meaningful meetings (with DEP),” said Council President Rick Steel.
“We want to get a consultant involved on our end to help us,” said Councilman Lloyd Kent.
Wolfe said all of their concerns were legitimate and based on flaws in the mitigation standards approved by the DEP, which are targeted for reform under pending legislation.
Wolfe said this is a statewide problem.
“This is probably the 20th town I’ve been in with the exact same underlying problem, which is who knew what, when and what are the risks and who makes the decisions and who is charge of the cleanup,” he said.
The problem the borough is experiencing in terms of not having current information is because the DEP prohibits public involvement in the choice of the mediation process, Wolfe explained.
“What you are facing is the fact that you have been affirmatively excluded by legislation,” said Wolfe.
Legal burden on DEP
The cleanup is the responsibility of the polluter, Wolfe explained.
“DuPont has dictated what the remedy will be, and the legal burden is on DEP to prove that it is not an acceptable remedy,” said Wolfe.
Wolfe also suggested the borough pressure the DEP to do its job, establish a citizens oversight committee and seek legal advice, “because this all goes to failure to warn and tortuous behavior on the part of the State of New Jersey and the part of DuPont.”
Pendexter, a senior hydrologist, explained that the main responsibility for the consultant would be looking over the test results that will be sent to DEP.
“They will look at the information, provide input based on the town’s behalf, and make sure everything that goes into the DEP is per the regulations,” said Pendexter.
Pendexter also explained that having the consultant perform independent testing along with DuPont would be a duplication of services.
More than 20 years ago, it was discovered that DuPont, which had operated a plant in the borough since the early 1900s, contaminated the ground water.
New DEP tests recently revealed that this contaminated groundwater is also emitting toxic vapors into homes near the former DuPont plant.
Under the supervision of the DEP, DuPont will provide all affected residents a mitigation system to sweep his or her home of the contaminated vapors.
The council’s vote to find an independent consultant successfully tallied four approvals although Councilwoman Riggiola abstained and Councilman Mike Simone was absent.
Riggiola abstained after Kent said her vote could be considered a conflict of interest because she lives in the plume area.
Kent said this after Riggiola questioned if it would be a conflict of interest to allow the environmental officer, Ed Merrill, to provide advice to the council as it selects a consultant since his salary is paid for by DuPont.
When Merrill’s position was questioned, he replied by saying that he works on behalf of the town and its citizens.
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