Chemical company to pay $393M to New Jersey over PFAS claims

NJ officials promise they will ‘continue to pursue’ manufacturers of forever chemicals

By Erin Ayers, Front Page News

The American subsidiary of Solvay, a Belgian chemical manufacturer, agreed to pay $393 million to settle PFAS-related claims in New Jersey in what state officials call a “historic step.”

According to New Jersey’s Department of Environmental Protection (NJDEP), Solvay Specialty Polymers USA, LLC produced industrial plastics, coatings, and other chemicals at its West Deptford, N.J., facility for more than 30 years, leading to the discharge of per- and polyfluoroalkyl substances (PFAS) and other hazardous substances into the surrounding groundwater. PFAS, also called “forever chemicals,” have been produced and used commercially for decades, typically in nonstick cookware, stain-resistant clothing and furniture coatings, and firefighting foams.

“For years, corporations, including Solvay, have put financial gain over our clean drinking water and the health of millions of people. They have blatantly ignored the dangers posed by the PFAS ‘forever’ chemicals that accumulate in our environment and in our bodies. New Jersey has pursued those who thought they could leave their mess to someone else to clean up,” said New Jersey Attorney General Matthew J. Platkin in a statement. “This settlement is a historic step that requires Solvay to finally take meaningful responsibility for PFAS and other contamination at their site.”

Under the terms of the agreement, Solvay will pay $75 million to the New Jersey Department of Environmental Protection (NJDEP) for damages to natural resource and $100 million to fund NJDEP PFAS remediation projects in areas near the company's West Deptford site, including addressing impacts to public and private drinking water sources.

“Our Department of Environmental Protection is determined to hold PFAS manufacturers responsible for the havoc wrought by their forever chemicals,” DEP Commissioner Shawn M. LaTourette said in a statement. “This proposed settlement marks a significant milestone in New Jersey’s nation-leading efforts to better protect public health and our environment from the dangers of PFAS.

LaTourette added, “As DEP oversees the implementation of this settlement in South Jersey, we will continue to pursue other PFAS manufacturers for the widespread harm their chemicals have caused across our state.”

In March 2019, the DEP directed Solvay and other PFAS manufacturers including DuPont, Dow DuPont, Chemours and 3M to provide accounting of their efforts to address forever chemicals in the environment. N.J. officials later sued Solvay and the former owner/operator of the West Deptford facility. This settlement is the first of its kind in New Jersey.

Solvay began remediation efforts in 2013, the company said in a statement, including water and soil testing. Another $214 million will go to provide funding for continued remediation.

The agreement is subject to judicial review and will also undergo a public comment period until Oct. 6. Solvay noted that entering into the agreement is not an admission of liability.

"Solvay appreciates the collaborative approach taken by NJDEP to reach this agreement, allowing all parties to continue focusing on protecting the environment," said Ilham Kadri, Solvay CEO, in a statement. "Consistent with our focus to innovate more sustainable solutions, we transitioned our West Deptford, N.J. facility to use non-fluorosurfactants technologies as of July 2021."

Managing Editor Erin Ayers can be reached at erin.ayers@zywave.com