Companies across the rubber and plastics industries continue to resolve issues related to per- and polyfluoroalkyl substances, commonly referred to as PFAS or forever chemicals.
Solvay Specialty Polymers USA LLC is the latest to do so. The company said June 28 it will pay more than $392 million to the New Jersey Department of Environmental Protection, having reached an agreement to resolve its PFAS-related claims in the state.
The agreement, structured as a Judicial Consent Order, will be presented to the U.S. Court for review and approval later this year. It comes on the heels of other PFAS-related settlements reached earlier this month with 3M, Chemours Co., DuPont de Nemours Inc. and Corteva Inc.
"Solvay appreciates the collaborative approach taken by NJDEP to reach this agreement, allowing all parties to continue focusing on protecting the environment," Solvay CEO Ilham Kadri said in a statement.
According to the NJDEP, the $392.7 million paid by Solvay will:
Solvay noted that $75 million will be paid to the NJDEP for natural resource damages. About $100 million will be directed to PFAS remediation projects near the West Deptford site and will be aimed at drinking water-related issues.
The remaining $214 million will be paid to a remedial fund that will help in PFAS remediation efforts.
New Jersey Attorney General Matthew Platkin also noted in a statement that Solvay will pay $3.7 million to compensate NJDEP for its past direct costs in addressing PFAS contamination that it has linked to the company's operations.
According to Platkin, the agreement also will require Solvay to:
Platkin called the agreement a "historic step" in the state's efforts to hold corporations accountable.
"For years, corporations, including Solvay, have put financial gain over our clean drinking water and the health of millions of people," Platkin said in a statement. "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.
"This settlement is a historic step that requires Solvay to finally take meaningful responsibility for PFAS and other contamination at their site. Today, we send a clear message to any corporation that exposes our New Jersey communities to PFAS toxins or injures our natural resources with any hazardous substance: You will face consequences for your actions. You have our promise."
NJDEP in March 2019 issued a statewide directive to companies it felt could be responsible for PFAS contamination issues, ordering that those issues be immediately addressed. This included efforts to mitigate drinking water contamination.
NJDEP has reported more than 150 PFAS-contaminated drinking water instances statewide, including some at public water systems, schools and churches.
Solvay, the state claims, "did not fully comply with the DEP orders" issued in 2019. This led to a November 2020 lawsuit against the company and its West Deptford facility's former owner. The suit called for both parties to more quickly focus on clean-up at and around the site. This included addressing drinking water concerns.
"In the time since the lawsuit was filed," a news release from the state attorney general stated, "Solvay has taken steps to reduce the use and impacts of PFAS at its site—including eliminating the use of PFAS in Solvay's process aids for manufacturing and implementing additional treatment of the facility's wastewater effluent streams."
In her own statement, Kadri noted that Solvay already has implemented "more sustainable solutions" at its West Deptford facility, transitioning to the use of non-fluorosurfactants technologies in July 2021.
The June agreement between Solvay and the state will be published in the New Jersey Register on Aug. 7. A public comment period will be open until Oct. 6, during which time anyone can submit comments for the department's review.
Once the public comment period has closed, the department will review comments and respond as necessary. If, after public comment, the proposed settlement is finalized and approved by the court, it will be entered as a binding Judicial Consent Order.
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