Public comments sought on proposed Consent Judgment regarding environmental damages.

Notice to Receive Interested Party Comments on Proposed Consent Judgment in the Matter of NJDEP v. Hess Corporation, f/k/a Amerada Hess Corporation; and Buckeye Port Reading Terminal, L.L.C., Docket No. MID-L-004579-18  Take notice that the New Jersey Department of Environmental Protection, its Commissioner, and the Administrator of the New Jersey Spill Compensation Fund (collectively, NJDEP) seek comments on a proposed Consent Judgment that would resolve certain claims asserted in pending litigation against Hess Corporation (Defendant) for injuries to natural resources resulting from discharges at or from the site described below, referred to as the "Hess Property":  The Hess Property consists of approximately 220 acres of real property located at 750 Cliff Road, Port Reading, Woodbridge, New Jersey, Middlesex County (also known and designated as Lot 3, Block 756; Lot 1, Block 757; Lot 1B, Block 757; Lot 6, Block 756; Lot 1, Block 760B; Lot 2, Block 760B; Lot 3 Block 760B, and Lot 6, Block 1095, on the Tax Map of Woodbridge Township), plus the additional portion of the pond that was once a part of Smith Creek that lies between the Property boundary and an unnamed road. The Hess Property is depicted in Figure 1 attached to the proposed Consent Judgment.  In 2018, consistent with its authorities as the trustee of New Jersey's natural resources and pursuant to 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, and the common law of New Jersey, NJDEP filed a legal action against Defendant. The lawsuit alleged that Defendant was liable to the public for injuries to the natural resources of the State [page=1403] due to discharges of hazardous substances and pollutants at and emanating from the Hess Property and for costs incurred by NJDEP.  Following several years of litigation, the parties entered into settlement negotiations that resulted in Defendant's agreement to resolve its alleged liability to the public for injuries to natural resources contaminated by discharges of hazardous substances and pollutants at and from the Hess Property by paying $ 19,500,000 to NJDEP in natural resource damages. The proposed settlement does not resolve any liability that Defendant may have to the State for remediation and/or natural resource damages for injuries to or contamination of surface waters or sediments (including any biota therein) other than on or under the Hess Property or any liability that Defendant may have to the State for past and future cleanup and removal costs incurred or to be incurred by NJDEP. The proposed settlement also does not address Defendant's ongoing obligations to conduct or complete the remediation at the Hess Property. The Consent Judgment specifically preserves State claims for natural resource damages to those portions of Smith Creek outside the Hess Property and to the Arthur Kill.  NJDEP hereby proposes to enter a Consent Judgment with Defendant to effectuate this settlement. NJDEP, exercising its responsibilities pursuant to statutes governing the remediation of contaminated sites and regulations promulgated thereunder, including N.J.A.C. 7:26C and 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 Spill Act, and in the public interest. All natural resource damages recovered, 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 Defendant 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 Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9613(f)(2)) for purposes of providing protection from contribution actions or claims for matters addressed in this Consent Judgment.  A copy of the proposed Consent Judgment is available for inspection virtually through 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 physical 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: (1) by email to the Office of Natural Resource Restoration at onrr@dep.nj.gov; or (2) by mail to Stacey MacEwan, Manager, NJDEP, Office of Natural Resource Restoration, 501 East State Street, Mail Code 501-03, PO Box 420, Trenton, NJ 08625-0420. Comments should include "Hess 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.  4/16/26 $200.25