PUBLIC NOTICE DEPARTMENT OF ENVIRONMENTAL PROTECTION OFFICE OF NATURAL RESOURCE RESTORATION Notice to Receive Interested Party Comments on Proposed Consent Judgment in the Matter of New Jersey Department of Environmental Protection; The Commissioner of th

PUBLIC NOTICE DEPARTMENT OF ENVIRONMENTAL PROTECTION OFFICE OF NATURAL RESOURCE RESTORATION Notice to Receive Interested Party Comments on Proposed Consent Judgment in the Matter of New Jersey Department of Environmental Protection; The Commissioner of the New Jersey Department of Environmental Protection; and The Administrator of the New Jersey Spill Compensation Fund v. Pechiney Plastic Packaging, Inc., et. al., Docket No. WRN-L-000230-18. Take Notice that the New Jersey Department of Environmental Protection ("Department"), its Commissioner, and the Administrator of the New Jersey Spill Compensation Fund (collectively, "NJDEP" or "Department") hereby gives notice of a proposed Consent Judgment that would resolve the pending litigation against Pechiney Plastic Packaging, Inc., Albéa Americas, Inc., Citigroup Inc., MRC Holdings, Inc., Rexam Beverage Can Company and Bristol-Myers Squibb Company (collectively, "Defendants") for past cleanup and removal costs and injuries to natural resources resulting from discharges of contaminants or hazardous substances at, from, and/or related to the Pohatcong Valley Superfund Site (referred herein as the "Site"), including the Washington Facility described below. The Site is located at Route 643 to Route 31, in Washington Township, Washington Borough, Franklin Township, and Greenwich Township in Warren County, New Jersey. The Washington Facility is located at 191 Route 31 North, Washington Borough, and 199 Route 31 North, Washington Township, in Warren County, New Jersey. The overall Site includes the hazardous substances and pollutant source areas and all areas to which any discharged contaminant or hazardous substance have migrated. The Site has been designated as Contaminated Site Remediation and Redevelopment Program Interest No. G000005662. In 2018, consistent with its authorities as the trustee of New Jersey's natural resources and under the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to -23.24 (Spill Act), the Water Pollution Control Act, N.J.S.A. 58:10A-1 to -20 (WPCA) and common law theories of Nuisance and Trespass, the NJDEP filed a legal action in New Jersey Superior Court against Defendants which was later amended on September 29, 2020 to include counts for the common law theories of Negligence and Strict Liability. The lawsuit alleged that Defendants were liable to the public for injuries to the natural resources of the State due to discharges of hazardous substances and pollutants at and emanating from the Site, including the Washington Facility, and for past cleanup and removal costs incurred by NJDEP. Following several years of litigation, the parties entered into settlement negotiations that resulted in Defendants' agreement to resolve their alleged liability for natural resource injuries to groundwater and other media which have been contaminated by discharges of hazardous substances and pollutants at, from, and/or related to the Site by paying $45,000,000.00 to NJDEP in natural resource damages. Additionally, Defendants will reimburse NJDEP for $4,500,000 in past cleanup and removal costs. This Consent Judgment does not address Defendants' ongoing obligations to remediate all discharges at the Site pursuant to the March 11, 2015 Consent Decree in In the matter of United States of America v. PPPI (Civil Action No. 09-cv-05692) and United States of America v. Bristol Myers Squibb Company, et. al. (Civil Action No. 13-cv-05798). NJDEP hereby proposes to enter a Consent Judgment with Defendants to effectuate this settlement. NJDEP, exercising its responsibilities under statutes governing the remediation of contaminated sites and under regulations promulgated thereunder, including N.J.A.C. 7:26C and N.J.A.C. 7:26E, and as trustee of the State's natural resources, believes that the proposed settlement terms are fair, reasonable, faithful to the intent of the applicable statutes, and in the public interest. Once the settlement is final and non-appealable, all settlement funds recovered for natural resource damages, less the costs of suit and legal and administrative fees, will be held in NJDEP's dedicated natural resource damage account for specific natural resource restoration activities in accordance with the New Jersey State Constitution, Article VIII, Section 2, Paragraph 9. NJDEP intends to conduct public outreach and engagement in the consideration and selection of restoration activities to be pursued with funds recovered by this settlement. It is the intent of the NJDEP and Defendants that this Consent Judgment will constitute a judicially approved settlement within the meaning of the relevant portions of the Spill Act (N.J.S.A. 58:10-23.11f.a(2)(b)) and of the federal Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. § 9613(f)(2)) for purposes of providing protection from contribution actions or contribution claims related to the matters addressed in the Consent Judgment, all to the full extent provided for in N.J.S.A. 58:10-23.11f.a(2)(b) and 42 U.S.C. § 9613(f)(2). A copy of the proposed Consent Judgment is available for inspection virtually via the Department's website at https://dep.nj.gov/nrr/proposed-settlements/ and physically through the NJDEP's Office of Record Access at 401 East State Street, Trenton, New Jersey. Requests to inspect a paper copy of the proposed Consent Judgment should be directed to records.custodian@dep.nj.gov. Interested persons may submit comments on the proposed Consent Judgment via email to onrr@dep.nj.gov or by mail sent to the following address: Stacey MacEwan, Manager New Jersey Department of Environmental Office of Natural Resource Restoration Community Investment & Economic Revitalization Program 501 East State Street Mail Code 501-03 P.O. Box 420 Trenton, NJ 08625-0402 Attn: Pohatcong Settlement Comments should include "Pohatcong Settlement" in the subject line. All comments must be submitted within 60 calendar days of the date of this public notice. NJDEP will consider all comments received and may decide to withdraw or withhold consent to the entry of the Consent Judgment if comments received disclose facts or considerations that demonstrate that the Consent Judgment is inappropriate, improper, or inadequate. December 8 2025 LNYS0419283 $76.88