City, county, and environmental officials have greeted the state’s posting of the proposed $225 million cleanup settlement with the Exxon Mobil Corporation the same way they dealt with it six weeks ago: with disillusionment, concern, and even “horror.”
The settlement, for the decades of pollution at the Bayonne and Linden “Bayway” sites, was first reported by The New York Times in late February. The state was originally seeking up to $8.9 billion to clean up and then restore the wetlands in the two cities, but is now willing to settle for $225 million. The legal fight over the cleanup of the two former industrial sites has been going on for more than a decade.
On April 6, the 41-page agreement was posted on the New Jersey Register for review and comment by citizens and others. Interested parties have 60 days to comment on the proposed pact.
“It’s horrific if no money gets to the two municipalities,” said Bayonne Corporation Counsel Jay Coffey. “There should be money in addition to the cleanup. There should be compensation. The only thing I’ve read so far is that Exxon has responsibility for cleaning up sites.”
“I’ve read it in its entirety, and it’s worse than some thought,” said Debbie Mans, New York/New Jersey Baykeeper executive director, and a staunch critic of the proposal. “There are a few reasons for that. It includes 16 sites, a lot of sites not part of the original lawsuit, and all their Exxon Mobil’s retail stations.”
Mans said that since the settlement figure will now be spread among many more problem areas, the two municipalities the agreement was meant for will be at a greater disadvantage.
“It’s actually less money, because that’s not [all] going to Linden and Bayonne,” she said. “The $225 million is not just for Bayonne and Linden, the original sites, but for dozens of other sites.”
In addition, money for attorneys’ fees will be subtracted from that figure, according to Mans.
“That’s millions of dollars,” she said.
Also, any money over $50 million could be used as general state revenue, multiple media outlets reported. More than 1,100 people submitted comments opposing the settlement in less than one week.
NY/NJ Baykeeper and the New Jersey League of Conservation Voters are working together to boost that figure to 20,000 comments before the June 5 public comment deadline.
The League of Conservation Voters was equally critical of the proposal.
“Chris Christie is letting ExxonMobil off the hook for nearly $9 billion it owes for polluting wetlands and waters in North Jersey,” said Executive Director Ed Potosnak. “Instead of making Exxon pay to restore these environmentally sensitive areas, Christie cut a deal with Exxon.”
Potosnak said that in addition to the cleanups at the Bayonne and Linden sites, Exxon Mobil should pay the bill for returning wildlife habitats and water quality to what they once were.
“It’s horrific no money gets to the two municipalities.” – Jay Coffey
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“Christie’s settlement is letting Exxon off the hook for restoring the environment that includes dozens of other sites not part of the original lawsuit,” he added.
The league urged stakeholders to send comments to the Christie administration voicing their opposition to the deal.
State, county, city leaders
State Sen. Sandra Cunningham, D-31, repudiated the proposal, airing her problems with it in a statement sent to the Bayonne Community News.
“The state’s proposed settlement for the pollution and environmental destruction caused by Exxon Mobil is an insult to the residents of our region and the entire state,” she said.
Cunningham said the Senate as a whole passed judgment on the proposed deal last month when it passed a resolution condemning it and urged the rejection of it.
“The $225 million proposal is inappropriate, inadequate, and fails to account for the massive amount of contamination and damage to environmental resources over decades in our state,” she said.
Assemblyman Jason O’Donnell, D-31, said, “I find it disappointing that after 11 years of litigation, the residents of both Bayonne and Linden have been left with more questions than answers as to the settlement.”
Said Bayonne Mayor James Davis, “I’m worried whether the cleanup is going to get done. The danger is a serious one, and I’m worried about the city of Bayonne.”
Business Administrator Joseph DeMarco echoed the mayor. “Of that $225 million, what’s the plan to use that money?” he asked.“Will it make it back to the two main communities?”
To review the proposal
The settlement document can be found at http://www.nj.gov/dep/nrr/settlements/exxon-20150406-judgement.pdf.
Written comments may be submitted electronically by June 5, 2015, to ExxonMobilBaywaySettlement@dep.nj.gov, referencing “Exxon Mobil Bayway Settlement” in the subject line of the e-mail; or via U.S. mail to: Office of Record Access, NJDEP, Attn: Exxon Mobil Bayway Comments, P.O. Box 420, Mail Code 401-06Q, Trenton, NJ 08625-0420
Joseph Passantino may be reached at JoePass@hudsonreporter.com.To comment on this story online visit www.hudsonreporter.com.