The agreements resolve natural resource damage claims tied to alleged contamination at multiple sites and will also permanently preserve more than 600 acres across the state.
TRENTON, NJ — New Jersey has finalized two major environmental settlements worth more than $20 million with Hess Corp. and Hercules LLC, resolving state claims over alleged pollution and damage to natural resources at sites across New Jersey.
Attorney General Jennifer Davenport and Department of Environmental Protection Commissioner Ed Potosnak announced the agreements Monday, saying the money will be used to restore damaged natural resources. Hercules must also preserve more than 600 acres through conservation easements.
“Environmental settlements like the two finalized today go beyond cleaning up past damages,” Davenport said. “By requiring polluters to pay for damage to our natural resources and preserve lands for conservation, these actions give us hope that future generations will enjoy the clean and healthy environment that they deserve.”
The two consent judgments were entered in Superior Court in August and became final after a public comment period.
Hess to Pay $19.5 Million Over Former Port Reading Refinery
Under the larger settlement, Hess will pay New Jersey $19.5 million to resolve natural resource damage claims stemming from alleged pollution at its former refinery and storage facility in Port Reading, Woodbridge Township.
Hess operated the 220-acre property from 1958 until selling it to Buckeye Partners in 2013.
State officials alleged decades of spills and leaks released benzene, polychlorinated biphenyls, PFAS compounds and petroleum chemicals into groundwater, soil, wetlands and nearby waterways.
The most significant incident cited by the state was a 1969 tank failure that allegedly released 8 million gallons of crude oil, affecting the Arthur Kill, Smith Creek, wetlands, soil and groundwater.
The DEP, DEP commissioner and New Jersey Spill Compensation Fund sued Hess and Buckeye in 2018.
The settlement resolves Hess’ liability for natural resource damages associated with discharges on the Hess property, but the state is preserving its right to pursue separate claims against a broader group of defendants over off-site pollution affecting the Arthur Kill and Smith Creek.
More information about the agreements is available through the New Jersey Attorney General’s Office.
Hercules to Pay $4.5 Million, Preserve More Than 600 Acres
Hercules, a former chemical and munitions company, will pay $4.5 million to resolve claims stemming from alleged contamination at four sites.
Those properties are located in Parlin in Middlesex County, Gibbstown in Gloucester County, and Kenvil and Chester in Morris County.
Hercules must also pay up to $50,000 toward DEP costs associated with three conservation easements.
Those easements will permanently protect about 645 acres, including 300 acres along the Old Bridge-Monroe border, 110 acres in Gibbstown and 235 acres in Kenvil.
The preserved properties will be used for watershed protection, habitat conservation or aquifer recharge.
State Retains Additional Claims
The Hercules agreement does not end all potential state claims connected to the contaminated properties.
New Jersey retains the right to pursue natural resource damage claims involving the Delaware River, past cleanup costs and future remediation expenses.
The settlement also does not eliminate the defendants’ continuing cleanup obligations at the affected sites.
“Today’s action reflects the Sherrill Administration’s commitment to holding polluters accountable for damage to our state’s precious natural resources,” Potosnak said. “The settlements will result in the permanent protection of valuable resources and funds to restore natural resources so the public can once again benefit from their important ecological functions.”
The settlements add to ongoing environmental enforcement actions across New Jersey, including cases involving Middlesex County, Gloucester County and industrial contamination.
New Jersey finalized pollution settlements worth more than $20 million with Hess and Hercules, including payments for restoration and 645 ares of preserved land.