‘Huge win for state’ — but what about Montvale?

MONTVALE—Mayor Michael Ghassali notified residents May 17 of his outreach to state officials over a settlement involving a former Montvale business, saying the borough ought to get funds from the settlement to benefit natural resources here.

He has two eligible projects in mind: at DePiero’s Farm (land soon to be borough property) and Pascack Brook.

Ghassali cheers Gov. Phil Murphy, state Attorney General Matthew Platkin, and  New Jersey Commissioner of Environmental Protection Shawn M. LaTourette over a $14 million settlement announced May 16 in the 2019 suit against the Handy & Harman Electronic Materials Corp. and Cycle Chem Inc., formerly Perk Chemical Co.

“This settlement is a huge win for the state, and for the people of Montvale who have been affected by the natural resource damage caused by these companies. Together, I look forward to helping to restore, repair and preserve Montvale’s natural resources with the funds secured as a result of this settlement,” Ghassali says.

The settlement requires the companies pay back the state for using TCE, a hazardous substance linked to cancer, at the Handy & Harman etching and surfacing site on Craig Road. According to Platkin, Cycle Chem supplied and transported the hazardous substance used at the site from approximately 1966 to 1985. This substance and other toxins were discharged on the property, contaminating aquifers. This led to the closure of several nearby drinking water wells. 

The companies did not admit fault in the settlement but did agree to pay the state for the alleged natural resource damages and reimburse expended cleanup and removal costs. Handy & Harman will pay $10.4 million and Cycle Chem will pay $3.5 million, along with an additional $124,400 combined in reimbursement payments. 

Ghassali tells Murphy, “Now that the settlement has been finalized, the Borough of Montvale—the most affected community—looks forward to working with your respective offices and departments to ensure that funds are allocated to important environmental projects in Montvale.” 

Ghassali says that Montvale “attempted to participate in the recently settled lawsuit in order to ensure that the funds to be paid as part of the settlement were set aside for natural resource damage projects in Montvale, as required by the New Jersey Constitution.” 

Article VIII Section II Paragraph 9 of the New Jersey Constitution explains that the immediate area where damage to natural resources occurred is the priority for funding by the state to repair, restore or place the damaged or lost natural resources and permanently protect those resources.  

The borough has identified two projects that would satisfy the constitutional criteria, Ghassali says: at DePiero’s Farm at 156 Summit Ave., which the borough is in the process of acquiring. As this site is directly across the street from the subject property, the funds from the settlement would be used to remediate contamination on the property and potentially preserve this site as farmland and/or open space. 

The second project, he says, addresses the continuous significant erosion in and around the Pascack Brook during heavy rainstorms. Funds would help clean the brook, restore eroded banks, and help acquire property to prevent property damage. 

Ghassali writes that this would be a “worthy endeavor that would provide a benefit not only to the residents of Montvale but also to residents of municipalities downstream from Montvale that see the detrimental effects of the trees, boulders and sediment that washes away during heavy rainstorms.” 

He invites the officials to visit the borough, tour the eligible local project sites, and talk with residents and staff who will be involved if the projects are pursued.