TOMS RIVER, N.J. — An environmental group has reported that years of toxic waste dumping in a Jersey Shore community, which has seen a rise in childhood cancer rates, has caused damages exceeding $1 billion to natural resources. This has prompted Save Barnegat Bay and the township of Toms River to seek to nullify a settlement agreement between the state of New Jersey and the German chemical giant BASF. Under the terms of this deal, BASF would pay $500,000 and undertake nine remediation projects at the site of the defunct Ciba-Geigy Chemical Corporation plant.
This particular site has been labeled one of America’s most severe toxic waste sites, raising significant anxiety over the escalating childhood cancer incidences in Toms River and its surrounding areas. Save Barnegat Bay argues that the financial reparation agreed upon is grossly insufficient and fails to reflect the extensive nature and impact of the pollution.
The New Jersey Department of Environmental Protection (DEP) defended the settlement, indicating that the primary objective is not financial compensation but rather the restoration of the affected environment. “Ciba-Geigy’s discharges wreaked havoc on the natural resources of Toms River and Barnegat Bay,” stated Michele Donato, legal counsel for the environmental group. “The DEP hasn’t adequately reviewed decades of evidence, which includes records of dead fish, tainted waters, and toxic discharges available in its archived documents.”
Included among these documents are reports dating as far back as 1958, showing the severe oxygen depletion and fish kills resulting from the chemicals carelessly dumped by the company into the Toms River and on land. Additionally, a study conducted by a consultant for Ciba-Geigy revealed that the plume of contaminated groundwater is three-dimensional, indicating that it cannot be precisely evaluated by the current methodologies used by New Jersey to gauge damage to natural resources, according to the group’s statements.
Save Barnegat Bay has asserted in court filings that a proper assessment of damages to the site and nearby environments would surpass $1 billion. “This agreement doesn’t remotely cover the suffering our community has endured,” remarked former Toms River Mayor Maurice Hill during a public hearing about the settlement in January. The state refrained from further commentary but stood by its actions regarding the damage assessment.
Although BASF, the successor to Ciba-Geigy, has declined to speak on the ongoing litigation, it expressed a commitment to fulfilling the agreement reached with New Jersey in 2022. This new arrangement includes maintaining nine environmental projects for the next two decades, focusing on restoring wetlands, landscaping, and constructing walking trails, boardwalks, an elevated viewing platform, and an environmental education center.
Beginning in the 1950s, Ciba-Geigy, which had been a significant employer in Toms River, notoriously discharged chemicals into both the Toms River and the Atlantic Ocean. The company also buried 47,000 barrels containing toxic waste, leading to the development of a polluted water plume that has extended into residential areas and continues to be addressed through cleanup efforts.
The state health department reported that between 1979 and 1995, 87 children from Toms River, previously known as Dover Township, were diagnosed with cancer. A relevant study indicated that the rates of childhood cancers and leukemia among girls in Toms River were “significantly elevated” compared to state averages, though it did not directly attribute this increase to Ciba-Geigy’s hazardous waste disposal practices. Nevertheless, Ciba-Geigy along with two other companies compensated 69 families whose children were diagnosed with cancer with $13.2 million. Additionally, Ciba-Geigy has already paid millions in fines for settling criminal charges, contributing to the $300 million allocated toward the cleanup initiatives to date.
