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Garfield NJ,the city of Garfield has announced that it will take Dow Chemical Company and several other corporations to court, claiming they are responsible for contaminating the city’s drinking water. The lawsuit alleges that Dow, Vibrantz Corporation (formerly Ferro), Vulcan Materials, and other unnamed companies “designed, advertised, manufactured, marketed, distributed, stored, and/or sold 1,4-dioxane with the knowledge that this toxic compound would be released into the environment even when used as directed and intended.” Furthermore, the suit claims these companies failed to warn users about the dangers associated with the chemical.
Allegations and Concerns
According to the lawsuit, the use of these products as intended has resulted in the detection of 1,4-dioxane in Garfield’s water supply. The city argues that the corporations “knew or reasonably should have known that their 1,4-dioxane compound would reach groundwater, pollute drinking water supplies, render drinking water unusable and unsafe, and threaten public health and welfare.”
A spokesperson from Dow acknowledged awareness of the lawsuit but expressed confusion over its basis. “Garfield’s basis for filing this lawsuit is unclear,” said the spokesperson. “In Garfield’s representations to the public, it has stated ‘water meets all quality criteria established by the United States Environmental Protection Agency and needs no further treatment.’ Further, Garfield has not disclosed to the public whether 1,4-dioxane has been detected in its water supply, and notably, there is no reference to 1,4-dioxane in Garfield’s five most recent annual water quality reports.”
Seeking Compensation for Cleanup
Garfield is seeking compensation from the companies to cover the cost of removing 1,4-dioxane from its water system, which serves local residents and businesses. “Through its lawsuit, Garfield claims that the defendants knew that the use and disposal of their 1,4-dioxane products would pollute drinking water supplies,” said Garfield City Manager Erin Delaney. “The costs to install the proper filtration to remove 1,4-dioxane from drinking water supplies is significant, and it is not fair for these costs to be passed on to taxpayers through rate increases.”
Previous Legal Actions in New Jersey
This lawsuit is not the first instance of action taken against 1,4-dioxane contamination in New Jersey. In March 2023, the state of New Jersey also sued Dow, Ferro, and Vulcan, along with other unnamed companies, for widespread contamination of 1,4-dioxane in drinking water statewide. That lawsuit alleged that these corporations “knowingly and willingly manufactured, promoted, and/or sold products containing 1,4-dioxane” despite knowing the chemical was harmful and “would inevitably reach surface water and groundwater in substantial quantities.”
In 2018, the EPA unveiled a $19.5 million plan to expand pump-and-treat systems in Fair Lawn to remove multiple potentially dangerous chemicals, including 1,4-dioxane.
Understanding 1,4-Dioxane
According to the New Jersey Department of Environmental Protection (NJDEP), 1,4-dioxane is a synthetic chemical used as a solvent in manufacturing or as an unintended byproduct of certain products, ranging from plastics to pharmaceuticals to cosmetics. People can be exposed to 1,4-dioxane through drinking contaminated water or using contaminated water to prepare foods and beverages.
There are no federal or New Jersey drinking water standards for 1,4-dioxane, but the New Jersey Drinking Water Quality Institute recommends a health-based drinking water Maximum Contaminant Level of 0.33 μg/L. The NJDEP classifies 1,4-dioxane as “likely to be carcinogenic to humans,” based primarily on animal studies due to limited human exposure studies.
For additional information, check out the NJDEP’s FAQs regarding 1,4-dioxane in drinking water, which can be found here. If you are concerned about possible 1,4-dioxane levels in your water, you can contact the NJDEP’s Bureau of Water System Engineering at watersupply@dep.nj.gov.
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