DuPont Edgemoor Titanium Dioxide Plant Corrective Action

In late 2005, DNREC held a public hearing regarding Resource Conservation Recovery Act “Corrective Action” for the DuPont Edgemoor Titanium Dioxide production facility, to address hazardous waste contamination at various locations on the over 100-acre site along the Delaware River to the northeast of Wilmington, Delaware.  The Center questioned DuPont and DNREC officials about limitations in testing locations built into the process at the hearing.  The Center’s written comments addressed the need for greater transparency and public involvement in the investigations and ongoing decisions during the upcoming phases of the clean-up process, and DNREC’s approval of the Corrective Action has indicated it intends to provide enhanced opportunities for public input along the way.

Center Battles DNREC, DuPont over Dioxin-Contaminated Pile Along Delaware

The DuPont Corporation’s Edgemoor Titanium Dioxide plant along the Delaware River just North of the City of Wilmington creates hazardous waste as a by-product of its production. On land DuPont owns on the Northern end of Cherry Island, in the City of Wilmington, the corporation has been stockpiling hundreds of thousands of tons of hazardous waste. The Center represents the Cragmere Civic Association, a group of neighbors with grave concerns about the contamination in their midst.  Earlier this year, DNREC proposed to approve a “voluntary cleanup plan” for the site comprised of placing a geo-synthetic tarp over the pile and adding additional soil, which DNREC refers to as “cap-in-place.”  DuPont never obtained waste disposal permits for the 550,000 ton pile, claiming it was a “staging area” for a product.  But the waste came under investigation by EPA and was eventually proposed as a listed hazardous waste under the Resource Conservation and Recovery Act in 1999.  DuPont continued to build the stockpile until late 2001 when the EPA Listing of K-178 waste (the waste from DuPont’s production process) became final.  At that time, DuPont entered into an agreement with DNREC to perform risk assessment and other studies of the pile as a prelude to “cap-in place.”    These and other documents reveal limit-exceeding levels of hexachlorobenzene, PCBs, octadibenzofurans (of the dioxin family of compounds), cadmium, thallium, iron, manganese, and radioactive isotopes.

Due to extensive public interest, DNREC held a series of well-attended public hearings in March on the plan.  The Center testified and posed questions to DuPont and DNREC officials at two of them.  The Center also submitted two sets of written comments and exhibits to the Hearing Officer.   As a result of mounting public opposition to the permanent burial of the DuPont wastes on site, the legislature passed a resolution calling for an independent study of the pile and the alternatives for disposal of the wastes.  The Center has had dialogue with top waste division officials at DNREC to ensure the selected consultant’s independence and that new data collection be part of the study.

After nearly a year and a half, the independent study is rumored to be released to the public shortly.  DNREC has stated that it will hold a minimum 30-day comment period on the study.  The Center intends to request a public hearing as well.  The study’s outcome will shape the next steps for all the interested parties.