Mercer Times

Attorney General Matthew J. Platkin and Department of Environmental Protection (DEP) Commissioner Shawn M. LaTourette have announced a $14 million resolution of a natural resource damages (NRD) lawsuit against two companies for the contamination of groundwater with trichloroethylene (TCE) in Montvale, Bergen County. The DEP will utilize these funds to restore natural resources and recover its own cleanup costs.

The settlement, encapsulated in a consent judgment entered by the Superior Court, peacefully resolves the 2019 lawsuit filed by the State without necessitating a trial. It represents a significant groundwater NRD recovery for New Jersey. The defendants are Handy & Harman, Handy & Harman Electronic Materials, Steel Partners Holdings, LP, and Plessy Incorporated - collectively known as the Handy & Harman Defendants; as well as Cycle Chem, Inc., formerly known as Perk Chemical Co.

“The well-being of our communities depends on access to safe and uncontaminated water,” stated Attorney General Platkin. “Once again, our message is clear: We will pursue repayment and repair when corporate actions injure our natural resources. No one is above the law when environmental damages are at stake.”

The Handy & Harman Defendants were owners and operators of an etching and surfacing facility at 20 Craig Road, Montvale, while Cycle Chem was the supplier and transporter of TCE used at the facility. TCE, a primary solvent used in degreasing operations, was utilized at this site from approximately 1966 to 1985. TCE and other hazardous substances were discharged on the property, leading to contamination of multiple underlying groundwater aquifers and closure of nearby drinking water wells.

“This $14 million settlement is significant not only for resolving our claims for the groundwater contamination wrought on Montvale and the surrounding area by these defendants but also for demonstrating to corporate polluters everywhere that our Department of Environmental Protection, in partnership with the Office of the Attorney General, will not waver in seeking justice for natural resource damages,” said Commissioner LaTourette.

The proposed consent judgment was published in the New Jersey Register on May 15, 2023, followed by a 60-day public comment period. After this period and review of all public comments received, the State filed the agreement with Judge Mary F. Thurber in State Superior Court in Bergen County.

Although the companies did not admit fault or liability in the settlement agreement, they agreed to resolve their alleged liability for natural resource damages and to reimburse the State for past cleanup and removal costs.

The site is currently undergoing remediation by Handy & Harman, with completion expected soon. The remediation will reduce potential impacts to drinking water wells and mitigate vapors' impacts in nearby buildings. To prevent exposure to contamination, restrictions on groundwater use will be implemented in two areas.

The contaminated groundwater is being treated through active groundwater recovery and hydraulic control. Carbon filters have been installed in on-site buildings to address potential vapor intrusion issues. Further monitoring is being conducted to determine whether similar systems are needed for certain off-site structures in the future.

This settlement was managed by the Environmental Enforcement and Environmental Justice (EEEJ) Section within the Division of Law’s (DOL) Affirmative Civil Enforcement Practice Group under Assistant Attorney General Aaron Kleinbaum and DOL Director Michael T.G. Long's supervision.