Division of Hazardous Waste Management

State of New Jersey
DEPARTMENT OF ENVIRONMENTAL PROTECTION
DIVISION OF HAZARDOUS WASTE MANAGEMENT


LANCE R. MILLER, DIRECTOR
CN O28
Trenton. N.J. 08625-0028
(609) 633-1408
Fax # (609) 633-1454


IN THE MATTER OF : ADMINISTRATIVE C. P. CHEMICALS INCORPORATED : CONSENT Respondent : ORDER


This Administrative Consent Order ("ACO") is issued to C.P. Chemicals pursuant to the authority and the statutory and regulatory enforcement responsibilities vested in the Commissioner of the New Jersey Department of Environmental Protection (hereinafter "NJDEP" or the "Department") by N.J.S.A. 13:1D-1 et seq., the Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq., the Solid Waste Management Act N.J.S.A. 13:1.E-1 et seq., and the Spill Compensation and Control Act, N.JS.A. 58:10-23.11 et seq. (hereinafter the "Spill Act"), and duly delegated to the Assistant Director of the Responsible Party Cleanup Element of the Division of Hazardous Waste Management, and the Assistant Director of the Enforcement Element of the Division of Water Resources, pursuant to N.J.S.A. 13:1B-4.


FINDINGS


I. The Site


1. C.P. Chemicals Incorporated (hereinafter "CP. Chemicals") operates a
specialty chemical manufacturing facility and a separate hazardous
waste treatment, storage and disposal (TSD) facility (EPA ID#
NJD002141950) located on Arbor Street in Sewaren, Woodbridge Township,
Middlesex County, New Jersey. The facilities are located on a tract of
land consisting of fourteen acres and occupy property listed as Block
729 Lot 3, Block 729A Lot 1, Block 730 Lot 1, Block 730 Lot 1B and
Block 731 Lot 1B on the tax map of Woodbridge Township (hereinafter
"the Site"). The property is bounded by industrial areas to the north,
south and east and by Woodbridge Creek to the west.


2. a. The property has been utilized by C.P. Chemicals since 1964. Prior
to that time, the, site was used by other


companies for heavy industrial operations since approximately
1860. C.P. Chemicals purchased the Site in 1964 from the Vulcan
Detinning Company. Prior to the sale of the facility, the Vulcan
Detinning Company was established at the site since 1907. Maps
detailing the manufacturing facility date back to the 1920's and
some of the original buildings are currently in use by C.P.
Chemicals. It is believed that the Vulcan Detinning Company was
the first major manufacturing company at the Site.


2. C.P. Chemicals has been engaged since 1964 in the manufacture at
the Site of various metal cyanides, sulfates, carbonates and
salts. The types of metals involved in the manufacturing process
include, but are not limited to, copper, zinc, cobalt, nickel, and
manganese. C.P. Chemicals obtains metals for its manufacturing
processes through the use of relatively pure chemical compounds
and relatively impure chemical wastes from various sources.


3. The impure chemical wastes are metal-containing liquids, sludges
and filter cakes which C.P. Chemicals receives from other
manufacturers and from its own manufacturing processes. Chemical
wastes are stored in various storage tanks, particularly in the
southern and western sections of the Site. C.P. Chemicals subjects
the wastes to chemical processes to extract the metals and/or to
increase the concentration of the metals to a useful level. The
chemical wastes which remain after the extraction or concentration
process, and/or the impure chemical wastes which are not suitable
for extraction or concentration were treated and disposed of on
site, by C.P. Chemicals, through the use of two
infiltration/percolation lagoons. In 1977, a waste water treatment
plant was constructed; however, C.P. Chemicals continued to use
the two infiltration/percolation lagoons for waste disposal until
approximately 1981. The liquid effluent from the waste water
treatment plant is discharged to Woodbridge Creek via a permitted
discharge pipe designated Discharge Serial Number (DSN) 002 in the
NJPDES permit No. NJ0003867. Originally, noncontact cooling water
was discharged through a permitted discharge pipe designated
DSN001. Said discharge was voluntarily discontinued in 1987 after
the installation of a cooling tower. The sludges which result from
the


treatment plant process are disposed of at off-site facilities.


4. C.P. Chemicals utilizes various processes to extract and
concentrate the metals in the impure chemical wastes. The basic
process involves reacting virgin metals and metal bearing waste
with an acid solution followed by precipitation to remove
impurities. This is followed by a crystallization process,
recovery, drying and packaging. The waste water which is left over
from this process is subject to further processing in order to
further extract and concentrate the dilute metals still remaining.


5. The impure chemical wastes, remnant chemical wastes and unsuitable
chemical wastes are hazardous wastes within the meaning of the
Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq. Accordingly,
C.P. Chemicals stores and treats hazardous wastes at the Site.


6. The chemical products, raw materials, impure chemical wastes,
remnant chemical wastes, and unsuitable chemical wastes are all
pollutants within the meaning of the Water Pollution Control Act,
N.J.S.A. 58:10A-l et seq., and such materials have been discharged
to the land, ground waters and surface waters of the State.


7. The chemical products, raw materials, impure chemical wastes,
remnant chemical wastes and unsuitable chemical wastes discharged
by C. P. Chemicals at the Site contain hazardous substances within
the meaning of the Spill Act, N.J.S.A. 58:10- 23.11a et seq. The
discharge of the hazardous substances to the land, ground water,
or surface water is prohibited by the Spill Act.


8. Soil, ground water and surface water pollution exists at the Site
due to the discharge of hazardous wastes, hazardous substances and
pollutants by C.P. Chemicals during the handling, transfer,
storage, processing and disposal of raw materials, chemical
products, impure chemical wastes, remnant chemical wastes and
unsuitable chemical wastes.


9. An analysis of ground water sampling results shows that


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various metals have been detected in the ground water collected at
the Site from the outset of sample collection. Various organic
chemicals have also been detected in the ground water. The
Department alleges that although some of these organic chemicals
have also been detected in the upgradient wells on the Shell Oil
property, the concentrations were not as high as those observed on
the C.P. Chemicals property.


II. Site history


3. Based upon the Department's review of its files and inspections
conducted at the Site, the Department has determined that the following
environmental statutes have been violated, by C.P. Chemicals, at the
Site:


The Water Pollution Control Act, N.J.S.A. 58:10A-l et seq.; the
Solid Waste Management Act N.J.S.A. 13:1E-l et seq.; and the Spill
Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq.


4. The Department initiated numerous enforcement actions relating to such
violations, including, but not limited to: Administrative Order, dated
February 21, 1980; Administrative Consent Order, dated February 9,
1981; June 7, 1982 Court Order; Administrative Order, dated May 4,
1983; Administrative Consent Order, dated on or about May 19, 1983;
Notice of Violation/Penalty Assessment/Penalty Settlement Offer, dated
August 9, 1983; Amended Administrative Consent Order, dated August 13,
1983; Notice of Violation/Penalty Settlement Offer, dated October 24,
1983; Administrative Consent Order, dated on or about September 19,
1986; Amended Notice of Civil Administrative Penalty Assessment, dated
September 22, 1986; Administrative Order and Notice of Civil
Administrative Penalty Assessment, dated October 16, 1986; Notice of
Civil Administrative Penalty Assessment, dated April 3, 1987; Notice of
Civil Administrative Penalty Assessment, dated June 3,1987;
Administrative Order and Notice of Civil Administrative Penalty
Assessment, dated June 30, 1987; Administrative Order and Notice of
Civil Administrative Penalty Assessment, dated May 24,1988;
Administrative Order and Notice of Civil Administrative Penalty
Assessment, dated November 30, 1988; Notice of Civil Administrative
Penalty Assessment, dated February 22, 1990;


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Administrative Order and Notice of Civil Administrative Penalty
Assessment, dated April 1, 1990; Administrative Order and Notice of
Civil Administrative Penalty Assessment, dated April 10, 1989; July 28,
1989 Final Notice; Directive and Notice to Insurer, dated October 16,
1990 (Attachment VIII); the Department's Summons Nos. 05816, 05817,
05818, dated August 13, 1990; Woodbridge Municipal Court Docket Nos.
H2495, H2496, H2497; Municipal Summons dated December 18, 1959. In
response to these documents C.P. Chemicals submitted various hearing
requests, stay requests and other correspondence. In response to those
items that the Department recognizes as being in violation of various
state regulations, C.P. Chemicals alleges that it has done extensive
work in the areas of ground water cleanup, storm water runoff and an
upgrade to the on-site treatment plant. The above documents are herein
incorporated by reference.


5. The Department issued a New Jersey Pollutant Discharge Elimination
System ("NJPDES") discharge to surface water Permit No. NJ0003867
(hereinafter the "Permit") which is attached herein and made a part
hereof as Attachment I, to C.P. Chemicals on June 11, 1984. In December
1987, a public hearing was held regarding a draft NJPDES/DSW Permit
that was publicly noticed by the Department. At that hearing, testimony
was heard and written comments received from various sources, including
C.P. Chemicals, NJPIRG and members of the public. On April 10, 1989,
the Department issued a Notice of Intent to Terminate and Not Renew the
NJPDES/DSW Permit. An additional public comment period was held and on
July 28, 1989, a Final Notice was issued. Both the Notice of Intent and
the Final Notice are incorporated herein by reference. Pursuant to the
New Jersey Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq., no
person shall discharge any pollutant except in conformity with a valid
NJPDES permit.


6. C.P. Chemicals has submitted Discharge Monitoring Reports (DMRs) to the
Department as required by Part IV, Sections A. 1, 2, and 3 of the
Permit for the monitoring period through January 31, 1991. The
Department alleges that these DMRs demonstrate that C.P. Chemicals
violated the effluent limitations of the Permit during such period.
Listed in Attachment II, which is incorporated herein by reference, are
certain of the effluent limitations which the Department finds were
allegedly violated by C.P. Chemicals during the specified monitoring
period (January 1, 1989 - September 30, 1990) for outfall DSN002.
Although no AONOCAPA has yet been issued, the Department has determined
that a penalty for these violations should be assessed against C.P.
Chemicals in the amount of $3,742,500.00, pursuant to the provisions of
N.J.S.A. 58:10A-10d and N.J.A.C. 7:14-8.1 et seq. The Department
finds that there are additional violations of the Permit during the
period from January 1, 1989 through January 31, 1991, that have not
been the subject of a formal enforcement action and are not listed in
Attachment II, and this ACO resolves the penalties for such violations.


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7. In December 1989, March 1990, and November 1990 the Department
conducted a review of C.P. Chemicals' hazardous waste activities. Based
on a review of C.P. Chemicals' original Part A, subsequent revisions to
the Part A, site inspections, manifests listed in Attachment IV hereto
(which is incorporated herein by reference) and the following
manifests, #NJA0570301, #NJA0570302, #NJA0765111, the Department
alleges that C.P. Chemicals has violated the Solid Waste Management
Act, N.J.S.A. 13:1E-l et seq. ("SWMA"), and the hazardous waste
regulations promulgated pursuant thereto, N.J.A.C. 7:26-I et seq. C.P.
Chemicals, without admitting said allegations, represents that
to the best of its knowledge no additional major violations or
substantial numbers of violations of SWMA and the hazardous waste
regulations occurred up to the effective date of this ACO.


Pursuant to N.J.S.A. 13:1E-9e and N.J.A.C. 7:26-5.4 and 5.5 and based
upon this FINDING the Department has determined, although a NOCAPA has
not yet been issued, that another civil administrative penalty should
be assessed against C.P. Chemicals in the amount of $1,407,750.00, and
this ACO resolves the penalty for such alleged violations.


8. In addition to the above, the Department has determined from
inspections at the Site that C.P. Chemicals has had periodic leaks from
its hazardous waste equipment. The Department has determined that it is
necessary for C.P. Chemicals to submit a plan to correct and prevent
these equipment leaks.


9. In August 1988, C.P. Chemicals submitted to the Department a Part B
permit application pursuant to the provisions of the Solid Waste
Management Act and the Resource Conservation and Recovery Act, 42
U.S.C. 6901 et seq. (hereinafter "RCRA"). By -- --- correspondence
dated 6/30/89, the Department notified C.P. Chemicals that the permit
application was deficient. By correspondence dated 9/1/89 and 10/31/89,
C.P. Chemicals responded to the Notice of Deficiency. In March 1990,
C.P. Chemicals modified the application for the Part B permit. By a
Technical Notice of Deficiency, dated December 14, 1990, the Department
notified C.P. Chemicals that its Part B permit application was still
deficient. This Notice of Deficiency is attached hereto as Attachment V
and is incorporated herein by reference. Responses to that Notice of
Deficiency were submitted on January 30, 1991, and on February 12, 1991
and are incorporated herein. The Department has not yet completed its
review of these responses. The Department has provided C.P. Chemicals
with a letter status report, dated February 22, 1991, regarding the
issuance of the draft Part B permit decision. This ACO and the alleged
violations referenced in the FINDINGS shall not constitute the grounds
for disapproval of the Part B permit.


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10. On December 20, 1990 and January 3, 1991, the Department and C.P.
Chemicals met to discuss, among other things, the hazardous waste
activities which C.P. Chemicals was authorized to conduct by virtue of
the various Part A applications and modifications it has submitted. By
letter dated January 4, 1991, the Department set forth the hazardous
waste activities which C.P. Chemicals is authorized to conduct. A copy
of this letter is attached hereto as Attachment VI, and is incorporated
herein by reference. Clarification of this letter has been requested by
C.P. Chemicals. That request and any response by the Department are
incorporated by reference.


11. a. The C.P. Chemicals facility is regulated pursuant to the New
Jersey Solid Waste Management Act N.J.S.A. 13:lE-1 et seq.,
specifically the Hazardous Waste --- Regulations, N.J.A.C. 7:26-l
et seq. The C.P. Chemicals facility is also regulated -- ---
pursuant to RCRA, and the Hazardous and Solid Waste Amendments of
1984 (hereinafter "HSWA") and is subject to the corrective action
requirements contained in Section 3004(a) and 3008 (h) of HSWA.
The State of New Jersey currently has similar corrective action
authorities and therefore acts as the U.S. Environmental
Protection Agency's contractor (through the FY 89 Subtitle C RCRA
Grant Agreement) to oversee corrective action activities at the
C.P. Chemicals facility. In this capacity, all documents submitted
pursuant to this ACO may be reviewed by the USEPA to determine
compliance with RCRA guidance documents for RCRA Facility
Investigation, Corrective Measures Study, and Corrective Measures
Implementation to comply with HSWA requirements. Such comments
will be transmitted to the C.P. Chemicals facility by the
Department as the lead agency for these activities.


b. C.P. Chemicals has received Part A interim authorization and has
applied for a final Part B permit pursuant to said laws, and is
therefore subject to the corrective action requirements noted
above.


12. In order to more fully determine the nature and extent of the problem
presented by the discharge of hazardous substances and pollutants at
and emanating from the Site and to develop environmentally sound
remedial actions, the Department has determined that it is necessary to
conduct a remedial investigation and feasibility study of remedial
action alternatives (hereinafter "RI/FS") for the Site. The Department
has further determined that to correct the problems presented by the
discharges, it may be necessary to design and implement a remedial
action alternative to remedy all pollution at the Site, emanating from
the Site, or which has emanated from the Site.


13. At the present time, C.P. Chemicals alleges that there are a


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total of 20 ground water monitoring wells located on the Site (1-5,
7-21). Installation of these wells began in 1981 and were completed
over the next several years. A ground water recovery system was
installed in 1983 in order to pump ground water to the on-site waste
water treatment plant and then to Woodbridge Creek through the DSN002
outfall line. This system included the installation of a French drain
trench for the collection of ground water which extends throughout the
southwest portion of the Site and pumps ground water to the treatment
plant. A slurry wall was also installed in 1983 by C.P. Chemicals. This
slurry wall extends along the same horizontal line as the French drain
collection system.


14. At the present time, C.P. Chemicals alleges that roof runoff from the
main manufacturing building is collected in a 36,000 gallon holding
tank, and that this water is sent to the on-site waste water treatment
plant prior to discharge. Additionally, sump pump pits are allegedly
located in low areas near buildings 15, 32, 44 and 54 as well as near
the railroad tracks and the waste water treatment plant. C.P. Chemicals
alleges that water collected in these sumps is sent to the treatment
plant for processing prior to discharge. A NJPDES application for a
proposed storm water management plan was submitted to the Department in
April 1989. The Department reviewed the application and determined not
to act on the application at that time.


15. A berm has also been constructed at the southwest portion of the site
adjacent to Woodbridge Creek. This was designed to contain contaminated
rain water runoff that flows towards this low area. However, during
periods of successive days of intense rain, C.P. Chemicals has breached
the berm on at least two occasions in order to prevent water from
backing up into buildings in the area, allowing this rain water to
enter Woodbridge Creek. The berm is also breached occasionally by storm
water when there is natural erosion due to storm water. Pursuant to
this ACO, a new interim storm water management plan will be submitted.


16. At the present time, it is C.P. Chemicals' position that: all sampling
required by the Middlesex County Utilities Authority ("MCUA") as found
in the "Application for Non- Domestic Waste Water Discharge Permit" has
been completed; this sampling of treated production waste water and
treated ground water was performed by a Department certified laboratory
for those parameters found on Tables 1 and 2 of the permit;
additionally, a full priority pollutant + 40 analysis was performed on
the composited samples; the sampling methods, analysis and QA/QC
requirements were agreed upon by the MCUA prior to the sample
collection; and the permit application has been completed and is
awaiting submission to the MCUA.


17. The permit for construction of the original waste water treatment plant
was issued by the Department on 7/22/77. The


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plant went into operation later that year. In December 1987, a
construction and discharge permit was sent to the Department for an
$880,000 upgrade of the plant. This upgrade work was completed in early
1989 and the plant went on-line shortly after completion. The treatment
plant processing of the waste waters removes metals by neutralization
with caustic soda in order to precipitate metal hydroxides, this is
followed by a gravity settler, which is a Lamella slanted plate unit. A
coagulated polymer is added to the settler feed to increase
precipitation. The water then goes through a gravity settler and sand
filter to lower the solids content and remove solids. The pH is then
adjusted through the addition of sulfuric acid and the water then
enters a carbon filter and is then discharged through the DSN002 line
to Woodbridge Creek. The separate cyanide destruct system handles waste
from the cyanide salts manufacturing line. Waste water treated in the
cyanide destruction system is routed to the waste water treatment
plant. At the present time, C.P. Chemicals alleges that all waste water
streams from the manufacturing units, ground water pumped from the
French drain collection systems, as well as rein runoff from both the
sump pumps and the roof collection system is also treated at the plant.


18. C.P. Chemicals Inc., by its agreement to this ACO, does not make any
admission as to any fact, liability or fault as to any and/or all of
the FINDINGS. Notwithstanding that there are no admissions made in this
ACO, C.P. Chemicals does agree to enter into this ACO and comply with
the terms of the ORDER listed in the remaining paragraphs of this ACO.
No FINDING shall be admissible in any civil, administrative or other
court proceeding as proof of the information it purports to find as a
fact. The ACO can be admitted in an action for enforcement of this ACO
or in any proceeding between the parties to establish the fact that the
ACO was entered into.


19. Based on all of the above and to resolve this matter without the
necessity for litigation, C.P.. Chemicals has agreed to undertake the
activities set forth in the ORDER section of this ACO, including, but
not limited to:


a. Cease the effluent discharge to the Woodbridge Creek, except in
compliance with a storm water management plan and effective NJPDES
permit approved by the Department and to discharge production
waste water and treated ground water directly to the MCUA in
accordance with the schedule provided in this ACO;


b. Conduct interim remedial measures, to conduct an RI/FS and to
design and implement a remedial action alternative based upon the
results of the RI/FS, to remedy all pollution at the Site,
emanating from the Site, or which


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has emanated from the Site;


c. Hire a Compliance Officer ("CO");


d. Submit a treatability analysis;


e. Design, prepare and implement its interim or final storm water
discharge management plan, as the case may be, in the event of a
waste water treatment plant "cease operations" order from the
Department.


ORDER


NOW THEREFORE IT IS HEREBY ORDERED AND AGREED THAT:


I. Penalty and Reimbursement of Damages


A. Penalty


20. C.P. Chemicals shall pay a penalty of $ 2,200,000.00 to the Department,
by cashier's or certified checks payable to the "Treasurer, State of
New Jersey", submitted with a white copy of form DEP-062A (copy
...