The lawsuit focuses on the imminent and substantial endangerment posed to the Cove and the Delaware River by GROWS Landfill; and the failure of WMX Technologies, Inc. --formerly Waste Management Inc., or "WMI" -- to appropriately monitor, assess, and abate groundwater contamination underlying the facility as required by state and federal hazardous and solid waste management regulations. This groundwater contamination is adversely affecting the Cove and the Delaware River and may pose a future threat to drinking water supplies. Plaintiffs also expect to bring an action under the Clean Water Act. On June 16, 1994 defendants were served with 60 day notice of intent to sue.
The endangered shortnosed sturgeon winters in the Delaware River in the vicinity of the landfill. Other endangered, threatened, and rare animals living near the landfill include the New Jersey chorus frog, southern leopard frog, red bellied turtle, and Atlantic sturgeon. Rare, endangered and threatened plants found near the landfill include: Euphorbia ipecacuanhae (Wild Ipecac-only location in PA), Bidens bidentoides, Sagittaria subulata, Amaranthus cannabinus, Zizania aquatica, Scirpis smithii, Scirpis fluviatilis, Sagittaria calycina, Lupinus perennis, and Quercus phellus (unconfirmed).
The site is bordered on the west by Pennsbury Manor (the summer home of William Penn, a National Historic Site operated as a State Park). Thousands of visitors each year are distracted from our national heritage by the sight and smell of the landfill.
Several public water supply intakes are located in the Delaware River within 5 miles downstream of the site. The Delaware River is the primary drinking water source for most communities along the river including much of the City of Philadelphia.
During this same period, other portions of the site were used as a slag processing facility and an asphalt plant (associated with the U.S.Steel operation).
From 1970 to 1985, landfilling operations took place on a 57 acre portion of the site known as the Old GROWS Landfill. The Old GROWS Landfill was constructed with a single liner composed of 5/8 of an inch of asphalt. According to EPA, Old GROWS received municipal refuse, municipal sludge, industrial sludge, and hazardous and non-hazardous industrial wastes and wastewater treatment sludges. Because acceptance of hazardous waste continued until 1983, the Old GROWS Landfill is considered a hazardous waste disposal facility for Resource Conservation and Recovery Act purposes.
Since 1985, the site has operated as a solid waste landfill and, through a series of permitted expansions, the fill area has grown to several hundred acres. Solid waste fill areas are now located around and atop the Old Hughes Landfill, the Old Grows Landfill, and the former slag processing and asphalt plant areas.
WMI first installed a partial ground water monitoring system at the site in 1982. The system showed that ground water at the site is contaminated. This fact was reported to the Pennsylvania Department of Environmental Resources (PADER) by WMI in 1983. Under the terms of a 1984 Consent Order and Agreement (COA) between WMI and PADER, WMI was required to further study the ground water at the site. Since then, WMI has performed two additional groundwater studies which attempt to attribute the contamination to steel mill slag previously dumped on the site.
Contaminants in the ground water flow into and contaminate Penn Manor Cove and the Delaware River. Some of the contaminants may enter the deep aquifer which flows under the river and is used as drinking water in New Jersey.
2) There are no monitoring wells located between the landfill and the Cove. This is the only location where ground water contamination could be detected before it enters the river. A well placed in this location by WMI in 1982 and was quickly abandoned. The excuse given for abandoning the well was that it was yielding groundwater samples contaminated by landfill leachate. A set of new wells must be constructed between the landfill and the River and monitored closely.
3) There are insufficient wells located in the deep aquifer to assure detection of contamination. As a result, no one knows whether landfill contaminants will turn up in New Jersey's drinking water. One thing is known for certain: the clay layer, which WMI has repeatedly claimed to be a continuous barrier between the aquifers, has a hole in it directly beneath the old, unlined landfill.
4) WMI is not comparing the down gradient wells to the up gradient wells. In its reports, WMI compares current samples for each well to previous samples for that same well. This procedure is used to support a claim that no releases from the landfill are occurring. But WMI concedes that the down gradient wells are more contaminated than the up gradient wells.
5) WMI improperly disregards detected contaminants. WMI acknowledges that certain contaminants are being detected at elevated levels at the down gradient wells, but argues that the contaminants should be attributed to slag previously dumped at the site or other contaminants unrelated to the landfill. WMI has not been able to demonstrate that the detected contaminants are not from the landfill. Wherever the contaminants are from, they should be remediated and WMI has not done that.
Preliminary negotiations have occurred with WMI legal and technical staff. No quick agreement seems likely.
The case was filed on June 17, 1994.
2. EPA has issued a draft corrective action permit for the GROWS Site. EPA documented ground water monitoring deficiencies at the site but deferred to the state post-closure permit for correction of those deficiencies. EPA has indicated that they will not finalize their permit until they see the resolution of the state appeal.
3. WMI owns another landfill, the Tullytown Landfill, on the banks of the Delaware River one mile downstream from GROWS. WMI is currently seeking a permit modification for a major expansion of the Tullytown Landfill. Sierra Club, ECOCorp, B-PURE, and others have testified in opposition to that expansion. The town of Florence, NJ, which faces the Tullytown landfill from across the river may file a lawsuit seeking to halt the expansion.
4. Falls Township will hold a public hearing on June 21, 1994 on whether or not to grant a zoning variance necessary for the Tullytown Landfill expansion.
5. WMI owns thousands of additional acres of riverfront property in the area.
Money raised will be used for legal fees, hiring expert witnesses, court costs, and related expenses.
Tax deductible contributions can be sent to: GROWS Litigation Fund, c/o ECOCorp, 4839 Trenton Ave., Trevose, PA 19053.
For more information, contact
Karen Price,
Coalition Spokesperson
215-943-4973
6/17/94