Source: Jersey Journal (NJ), June 10, 2015
Posted on: http://envfpn.advisen.com
Residents in the southwest section of Jersey City who filed a class-action lawsuit against Honeywell over chromium contamination on their properties would receive roughly $2,000 each in a $10 million settlement.
Honeywell will put $10 million into a pool for homeowners who participate in the settlement of the lawsuit, which was filed in May 2010. If all eligible property owners participate in the settlement, it is estimated each property would receive $1,850, according to the http://honeywelljerseycitysettlement.com website.
A federal court judge will hold a hearing on Sept. 24 at 11 a.m. to decide whether to give final approval to the settlement. Payments will be made within 15 days of when the settlement becomes final.
The chromium sites are properties along Route 440 where chromium chemical products were made and chromium ore processing residue was disposed between about 1895 and 1954.
The properties eligible to participate in the settlement include Society Hill and a large area surrounding it, running from Claremont Avenue in the north to Newark Bay in the west, Danforth Avenue to the south and Kennedy Boulevard in the east.
Eligible residents must either opt-in to the settlement to receive money, or opt-out to retain their rights to file their own claim, Honeywell officials said. Residents who do nothing will not receive funds from the settlement, nor will have the right to make a claim later, officials said in the overview of the settlement.
Sierra Club of New Jersey Director Jeff Tittel called the settlement “pennies on the dollar for people who are impacted.” He noted that hexavalent chromium is extremely toxic and can cause lung cancer, other forms of cancer and other health issues such as birth defects.
“This deal is as dirty as the soil in most of Jersey City at this point,” Tittel said. “This does not compensate the people on their health impact and the impact to their property value. … It is a victory for Honeywell, but not for the people of the community.”
However, Steve German, one of the attorneys representing the residents, said the settlement does not impair anyone’s rights to bring an individual lawsuit for personal injury or any other claim as a result of any bodily exposure to chromium.
“This settlement with Honeywell resolves claims for a limited number of properties near Honeywell’s former chromium production facility,” German said in a joint settlement with another attorney, Howard Janet. “The settlement presents the first opportunity for individual landowners to be compensated for damages caused by Honeywell’s chromium.
“The case has been hotly contested for over five years. We are pleased that the parties’ efforts have produced a settlement that the court has preliminary approved, finding its terms to be within the range of fair and reasonable settlements for the settlement classes.”
The drawn-out court case has not affected the ongoing cleanup west of Route 440 or the schedule for 2016 completion, Honeywell spokeswoman Victoria Streitfeld said last week. She said that by working with the courts and the state Department of Environmental Protection, cleanup has been completed in a number of areas.
“We have completed the cleanup of chrome sites in Jersey City, including the former Roosevelt drive-in (movie) site, the former Foodtown site on Ocean Avenue, and the New Jersey City University site on Route 440, have substantially completed the cleanup of Hackensack River sediments, and are in the process of cleaning up areas to the north and south of the former drive-in site,” Streitfeld said.
To qualify for a portion of the settlement, a person must have owned a property in the designated area at any time from May 17, 2010 through Oct. 1, 2014.
If someone else owned the same property during the time period, payments would be divided among the owners, based on the amount of time each person owned the property.
Completed claim forms may be submitted via mail or by filing online. Homeowners can call 844-322-8243 and request a form, which must be returned by July 31.
The court will hold a hearing on Sept. 24, 2015 at 11 a.m. to decide whether to give final approval to the settlement. If the court approves the settlement, and the claims administrator has determined that you have a valid claim, you should expect to receive your payment within 15 days of when the settlement becomes final.
To exclude yourself or “opt out” from the settlement, you must send a letter to the Claims Administrator that includes the following:
Name and address, names and current addresses of any co-owners of land you own or owned identified as being in the settlement class, statement saying that you want to be excluded from the class, address of the property at issue. Your signature.