Title
Dept/ Agency: Offices of Municipal Council/City Clerk
Action: (X) Ratifying (X) Authorizing ( ) Amending
Type of Service: Support
Purpose: Resolution Supporting Remediation of the Diamond Alkali Superfund Site
Date: October 1, 2025
Sponsor(s): Council Member-at-Large, Luis A. Quintana
Additional Information:
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WHEREAS, the Diamond Alkali Superfund Site (the “Site”) (Superfund Site No. NJD980528996) is located in New Jersey and is compromised of approximately the lower 18 miles of the Passaic River and the Newark Bay complex; and
WHEREAS, the Site was listed on the National Priorities List in 1984, primarily due to decades of intentional illegal discharges of 2,3,7,8-TCDD (a form of dioxin) to the Lower Passaic River from a chemical plant located at 80-120 Lister Avenue, Newark, New Jersey; and
WHEREAS, 2,3,7,8-TCDD is one of the most toxic chemicals ever made, and unfortunately the Lower Passaic River has some of the highest concentrations of 2,3,7,8-TCDD in the world; and
WHEREAS, although other contaminants are also present in the Lower Passaic River, as is the case with many industrial waterways, the levels of 2,3,7,8-TCDD in the river are driving cleanup activities, and no additional cleanup measures beyond those designed to address 2,3,7,8-TCDD are needed for the other contaminant; and
WHEREAS, the remediation of 2,3,7,8-TCDD will eliminate the endangerment to human health and the environmental associated with the Lower Passaic River and restore a critical water resource within a large and diverse lower income community; and
WHEREAS, the United States Environmental Protection Agency (“USEPA”) issued its final Record of Decision containing the selected remedy for the cleanup of the lower approximately 8.3 miles of the Passaic River, known as “Operable Unit 2,” in 2016, after decades of study of the Site; and
WHEREAS, while multiple options for the cleanup of Operable Unit 2 were considered, USEPA ultimately decided that bank-to-bank dredging of Operable Unit 2, is necessary to remove 2,3,7,8-TCDD in order to protect public health, welfare, and the environment; and
WHEREAS, Occidental Chemical Corporation (“OCC”), a Texas corporation, is legally responsible for the intentional discharges of 2,3,7,8-TCDD into the Passaic River; and
WHEREAS, OCC has, and continues to relentlessly lobby local, state, and federal governmental officials to avoid performing the cleanup of Operable Unit 2 as called for in USEPA’s Record of Decision, and to attempt to deflect responsibility for the cleanup onto other private parties and onto the public itself; and
WHEREAS, the cleanup of the Diamond Alkali Site is an issue of critical public health and environment to all New Jerseyans; and
WHEREAS, after nearly forty (40) years, it is time for USEPA and the United States Department of Justice (“USDOJ”) to focus their efforts on the one truly culpably actor involved in the contamination of the Diamond Alkali Site and to resolve claims against the other, relatively small parties so that cleanup efforts can move forward in a fair and reasonable manner that does not place an additional burden on New Jersey and its citizens; and
WHEREAS, USEPA convened an allocation to determine the chare of responsibility for certain corporate entities and to facilitate a settlement to fund the Site cleanup, the result of which should allow USEPA and USDOJ to settle with all of the public and private parties other than OCC, and to use the settlement funds to work in a streamlined manner with OCC to promptly carry out the cleanup work; and
WHEREAS, it is in the best interest of all New Jerseyans to have Operable Unit 2 of the Diamond Alkali Site remediated as determined in the 2016 Record of Decision;
NOW, THEREFORE BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
The Municipal Council Members of the City of Newark call on New Jersey’s elected federal delegation to urge the United States Attorney General Pamela Bondi and United States Environmental Protection Agency Administrator Lee Zeldin to require Occidental Chemical Corporation to commence with the remediation activities as set forth in the 2016 Record of Decision for Operable Unit 2 of the Diamond Alkali Superfund Site.
BE IT FURTHER RESOLVED that the Municipal Clerk shall immediately cause a copy of this Resolution to be delivered via electronic mail and United States Postal Service to each elected member of the New Jersey State Legislature and each elected member of the United States Congress representing the City of Newark.
STATEMENT
Resolution supporting the remediation activities as set forth in the 2026 Record of Decision for Operable Unit 2 of the Diamond Alkali Superfund Site.