Hercules settlement includes $4.5 million payment, preservation of 235 acres in Morris County
NEW JERSEY — A $4.5 million environmental settlement involving former chemical and munitions company Hercules LLC includes alleged contamination at two Morris County sites and the permanent preservation of 235 acres in the Kenvil section of Roxbury Township, state officials announced.
New Jersey Attorney General Jennifer Davenport and Department of Environmental Protection Commissioner Ed Potosnak announced the finalization of separate natural resource damages settlements with Hercules and Hess Corp. Together, the agreements are valued at more than $20 million.
The settlements are intended to compensate the state for environmental harm it alleged resulted from hazardous substance and contaminant discharges at multiple sites in New Jersey.
“Environmental settlements like the two finalized today go beyond cleaning up past damages,” said Attorney General Davenport. “By requiring polluters to pay for damage to our natural resources and preserve lands for conservation, these actions give us hope that future generations will enjoy the clean and healthy environment that they deserve.”
Under the Hercules agreement, the company will pay $4.5 million to settle claims stemming from a 2007 lawsuit involving alleged contamination at four sites, including Kenvil and Chester in Morris County. The other sites are in Parlin, Middlesex County, and Gibbstown, Gloucester County.
Hercules must also pay up to $50,000 for DEP costs associated with three conservation easements included in the settlement.
The easements will permanently preserve more than 600 acres for watershed protection, habitat or aquifer recharge, including 235 acres at the Kenvil property.
The other conservation easements cover 300 acres at the Duhernal property along the Old Bridge-Monroe border and 110 acres at the Gibbstown property.
“Today’s action reflects the Sherrill Administration’s commitment to holding polluters accountable for damage to our state’s precious natural resources,” said DEP Commissioner Ed Potosnak. “The settlements will result in the permanent protection of valuable resources and funds to restore natural resources so the public can once again benefit from their important ecological functions.”
The state retains the right to pursue other claims involving Hercules, including natural resource damages to the Delaware River, past cleanup costs already incurred and future cleanup costs. The settlement does not resolve the defendants’ remediation obligations at the contaminated sites.
In the separate settlement, Hess will pay New Jersey $19.5 million to resolve its natural resource damages liability stemming from decades of alleged pollution at its former petroleum refinery and storage facility in Port Reading, Woodbridge Township.
Hess operated the 220-acre property from 1958 until selling it to Buckeye Partners in 2013.
The state alleged spills and leaks over the years released hazardous substances, including benzene, polychlorinated biphenyls, per- and polyfluoroalkyl substances and petroleum chemicals, into groundwater, soil, wetlands and nearby waterways.
The largest incident cited by the state was a 1969 tank failure that released 8 million gallons of crude oil, affecting the Arthur Kill, Smith Creek, wetlands, soil and groundwater.
The DEP, DEP commissioner and New Jersey Spill Compensation Fund sued Hess and Buckeye in 2018. The state retains the right to bring a future complaint against a larger group of defendants over off-site pollution in the Arthur Kill and Smith Creek.
Both consent judgments were entered in Superior Court in August and became final following a public comment period.
