Abstract

At least 103 children in Toms River, Dover Township, New Jersey had been diagnosed with cancer in what is believed to be the nation’s largest child cancer cluster. In 1995, a state study found that incidence of cancer among children in Toms River was higher than any other part of the state. In Dover Township, it was reported that 90 children were found to have various types of cancer between 1979 and 1995. Since the original cases, 28 more children there have been found to have cancer, the families said. Over a period of decades, chemical plants, including ones owned by Ciba-Geigy released industrial pollutants into the Toms River. Industrial pollutants leached into the township’s groundwater supply. The pollutants included chemicals used in the manufacture of epoxies, resins, and dyestuffs. In 1983, the United States Environmental Protection Agency (USEPA) listed the site on the Superfund National Priorities List that includes the country’s most polluted sites. Remediation is now underway at the site and is expected to be completed by the end of 2010. The remediation efforts do not include removal of all the drums. The drums should not be left there in order to keep costs down. The problem here is that loopholes in the law regarding how remediation is carried out in New Jersey allow for too much agency discretion. The compromises that are made between state officials and businesses to lower remediation costs should never raise the citizen’s health risk. This compromise means that drums will be left on-site. The drums will leak again and it is just a matter of time. Leaving the drums there is a danger, an unnecessary risk that leaves children at risk for further injuries. In short, this case study is an example of the large barriers preventing sustainability at the regional level.

Highlights

  • The Ciba-Geigy Corporation site is surrounded by residential and light commercial areas that are part of the containment problem stemming from the chemical manufacturing plant’s occupation

  • The Environmental Protection Agency (EPA) identifies sites in the United States for clean up because the sites are harmful to human health and the environment

  • The EPA and Ciba-Geigy’s solution seemed to be to just remove drums that were in one portion of the site

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Summary

Introduction

The Ciba-Geigy Corporation site is surrounded by residential and light commercial areas that are part of the containment problem stemming from the chemical manufacturing plant’s occupation. Solid and liquid wastes, including by-products from chemical dyes, epoxy resins manufacturing processes, and wastewater treatment sludge, were disposed of in approximately 20 on-site areas (Environmental Protection Agency, 1993). The Environmental Protection Agency (EPA) identifies sites in the United States for clean up because the sites are harmful to human health and the environment. Under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) parties who pollute are held responsible for remediation (CERCLA, 2000). In March 2001, Ciba-Geigy entered into a consent decree with EPA to implement the source area cleanup at an estimated cost of $90 million. It called for removal of the stacked drums which was completed in November, 2004. Part III concludes with recommendations for actions necessary to reduce risks promoting environmental sustainability

Background
Demographics
Ground Water Is Still Threatened Resulting In Continued Public Health Risks
Traditional Environmental Laws Fail to Promote Environmental Sustainability
EPA Fee Sharing Arrangements
CERCLA and Its Many Shortcomings
The Federal EPA Must Play a Stronger Role
EPA Monitoring
Site Proximity
ISRA: Excessive Agency Discretion Cannot Lead to Environmental Sustainability
Policy Implementation
Conclusions and Recommendations
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