Officials press DEP to act on Rumson oil spill

A sign calls attention to residents' efforts to have an oil spill remediated.

Agency confirms spill is moving toward Navesink

BY SARAH KLEPNER

Staff Writer

Local officials have intervened on behalf of Rumson homeowners whose properties are contaminated as a result of a home-heating oil spill on an adjacent property.

In an April 5 letter to state Department of Environmental Protection Commissioner Lisa Jackson, Rumson Mayor John Ekdahl expressed "concern for residents in the borough having an ongoing problem with an oil spill on Rosalie Avenue."

Ekdahl pressed the DEP to act quickly to ensure the spill is remediated to protect the waters of the nearby Navesink River.

"The waterways of the borough could soon be compromised if this issue is not addressed immediately," the letter states. "We would truly appreciate any assistance you could provide to encourage the insurance company to expedite this issue in a timely manner."

High Point Safety and Insurance Management Corp. provided the insurance for the oil tank that leaked upon removal from a neighboring yard.

High Point press representative Clemence Scouten said in a press statement received Tuesday that the company "has actively been working in cooperation with environmental consultants and the New Jersey Department of Environmental Protection to resolve the situation on behalf of its insured.

"To date, High Point has spent over $385,000 in its efforts to clean its insured's property and the neighboring properties."

Assemblyman Steven Corodemus (R-11) also sent a letter to the DEP commissioner in support of Ekdahl's letter.

"I have been contacted by many residents, both those who are directly affected as well as others concerned about the situation," he wrote.

"We … encourage you to find a timely solution to prevent any further contamination," the letter states.

The officials contacted the DEP on behalf of the Shea and Brenner families residing on Highland Avenue.

According to Danielle Shea, the properties have tested positive for oil contamination since 2003 when the spill occurred.

Shea said the oil spill is encroaching on her yard, and during the four years she has been waiting for complete remediation of the spill, it has made its way into her basement.

According to Shea, remediation efforts initiated by her neighbor's insurer have thus far been inadequate and the oil has rendered her backyard unusable.

"[There was] a partial cleanup a few years ago, but it was very shabby," she said this week.

Shea's neighbor, Bart Brenner, has said the oil is moving into his front yard as well and, at the same time, toward the Navesink River.

Testing in 2005 showed the oil patch had moved 75 feet since the time of the initial spill, according to Brenner.

High Point claims that "the oil has not spread beyond these properties and is not in danger of spreading to the Navesink River."

Shea said testing showed the oil is about 13 feet below the soil surface and that a pump installed and treatment to remediate the spill has done little good. By July 2006, she said, the oil had infiltrated under the foundation of her home.

Ekdahl said he was aware that remediation efforts in the area had gone on for about a year-and-a-half, but he was not aware that there was a continuing problem until he heard there were signs up calling on High Point to clean up the area.

Ekdahl said he spoke with Linda Jordan, the DEP case manager assigned to monitor the spill, before contacting the commissioner.

"I learned a lot from speaking to the DEP," Ekdahl said. "When you have an unfortunate spill, it's a voluntary cleanup, not mandatory."

The DEP cannot mandate remediation measures, DEP spokesman Lawrence Hajna explained. Unless the contamination is an "immediate environmental threat to a receptor such as wetlands, a waterway, or a well," the agency does not have enforcement powers, he said.

The homeowners want High Point to provide the full excavation of the contaminated soil, while High Point has indicated to the DEP that the company is willing to use another method of cleanup, known as bioremediation.

Ekdahl said he thought the case manager he spoke with "would've preferred a more aggressive type of cleanup," describing her position as "hamstrung," considering the DEP guidelines.

The homeowners filed suit against High Point in 2006 in state Superior Court. No court dates are scheduled.

The Rumson case is not considered an immediate threat, although Hajna confirmed that the oil patch is migrating toward the Navesink River, emphasizing that in general, spilled contaminants do "migrate through soil and groundwater."

Hajna declined to estimate about how long that trip might take, saying, "Hopefully the courts will resolve" the method of remediation before that time.

Hajna said the case manager "monitoring this case would not allow anything to happen to a natural resource."

According to Scouten, "High Point continues to remain committed that the affected properties are cleaned in accordance with the standards and criteria of the New Jersey Department Environmental Protection."