On September 4, 2024, the U.S. Department of Justice announced a proposed settlement in connection to the release of hazardous substances into Margaret’s Creek Marsh and the Raritan Bay from the Raritan Bay Slag Superfund Site in Old Bridge and Sayreville, New Jersey. The almost $152 million proposed settlement includes cleanup costs, an estimated $17.6 million of natural resource damages to compensate for losses of ecological services and recreational uses, and nearly $1.2 million payment of past assessment costs. This will resolve the liability of NL Industries, Inc. (NL) and other potentially responsible parties and compensate the public for the injury to, and loss of recreational use of natural resources, as well as the cost of assessing those injuries.

The Trustees, including NOAA, the U.S. Department of the Interior, and New Jersey Department of Environmental Protection, conducted a Natural Resource Damage Assessment to evaluate injuries to ecological resources and lost recreational use such as beach closures, and identified potential restoration projects that would compensate the public for these losses. Per NOAA's Lisa Rosman: 

“Cleanup and restoration of the site will improve the quality of the natural resources that the public relies on. Public access to this valuable resource will also be enhanced, including to underserved communities that have been disproportionately impacted by pollution.”

The settlement is subject to a 60-day federal public comment period open until November 12, 2024 and a state public comment period open until December 6, 2024 and final court approval. It's available for viewing on the Department of Justice website. Please refer to the Federal Register notice and the New Jersey Register public notice for instructions on submitting public comments on the settlement. 

Background

Since the late 1960s, hazardous substances from a metal processing facility seeped into the soil, sediment, and surface waters in and around the Raritan Bay area in Laurence Harbor, New Jersey. This affected site covers about 1.5 miles of the waterfront and includes a waterfront park, wetlands, and a federal navigational channel. Slagstony waste matter separated from metals during the smelting or refining of ore. , a waste product (mostly blast furnace pot bottoms) from the NL Industries secondary smelter in Perth Amboy was used to build a seawall along Raritan Bay and to reinforce a federal navigational jetty at Cheesequake Creek Inlet. This slag contained lead and other dangerous metals. Additionally, battery casings and construction debris are scattered across parts of the site. Warning signs indicate public health risks due to lead-contaminated sediments, soils, and water. Fencing around contaminated areas also limits public access and restricts activities such as swimming, fishing, sunbathing, and other recreational activities.

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