EPA analyzed most of the samples, using EPA-approved methodologies and has final validated data reported in accordance with the applicable Quality Assurance Project Plans (“QAPPs”).

EPA provides notice that it plans to dispose of certain Samples, as described herein, unless another entity takes custody of those Samples, in accordance with the terms of this notice.

1. Each of the Samples is beyond the holding time which is the period of time following the collection of the sample beyond which the sample will be unable to provide viable results. In addition, the volume of material remaining for certain Samples may be insufficient for laboratory analysis. EPA specifically reserves the right to argue in any forum that the Samples exceed their applicable holding time and are not viable for purposes of analysis, or that the results of any analyses performed on such Samples are flawed and/or unreliable and inadmissible as evidence.
2. The NBSA samples are 75 sediment split samples collected by EPA in oversight of the Occidental Chemical Corporation (“OCC”) Phases I (2005), II (2007) and III (2016) sediment coring for the remedial investigation. The oversight QAPPs governing the sampling are posted on ourNewarkBay.org or ourPassaic.org, in the Digital Library, "Sampling\Newark Bay" folder.
3. The LPRSA samples were collected by EPA in its performance of the lower 8.3-mile (“OU2”) remedial investigation/focused feasibility study (“RI/FFS”), and in its oversight of the 17-mile (“OU4”) remedial investigation performed by the Cooperating Parties Group (“CPG”), the River Mile 10.9 (“RM10.9”) removal action performed by the CPG, and the OU2 remedial design (“RD”) performed by OCC. The QAPPs governing the sampling are posted on ourPassaic.org, in the Digital Library, “Sampling\Passaic River” folder.
   1. The OU2 RI/FFS samples are 644 sediment samples, two rinsate blanks and three water samples collected by EPA for the high resolution sediment coring (2005), low resolution sediment coring (2006), Dundee Lake (2007) and Empirical Mass Balance (2007-2008) programs.
   2. The OU4 samples are 196 sediment split samples and 50 biota split samples collected by EPA in oversight of the CPG sediment and biota sampling from 2008 through 2013.
   3. The RM10.9 samples are six sediment split samples collected by EPA in 2013 in oversight of the CPG’s performance of the RM10.9 removal.
   4. The OU2 RD samples are 237 sediment split samples collected by EPA in oversight of the OCC pre-design investigation (2017 through 2019).
   5. There are also two National Institute of Standards and Technology quality control sediment samples.
4. The Samples will be disposed of on August 15, 2024, unless the individual identified in Paragraph 7 receives written notice on or before August 8, 2024 that: (1) the interested party objects to EPA’s disposal of the Samples and provides a detailed and well-founded basis for such objection; and/or (2) the interested party is willing to take ownership and custody of the Samples and, if so, must execute an Ownership and Custody Agreement pursuant to Paragraph 5.
5. EPA has prepared an Ownership and Custody Agreement reflecting reasonable terms for transferring ownership and custody of the Samples to the interested party. The terms of the Ownership and Custody Agreement are non-negotiable. According to the terms of the Ownership and Custody Agreement, those interested parties who seek to obtain the Samples agree to accept responsibility for the transportation, care, storage, handling, maintenance, chain of custody, notice of later testing, and ultimate disposal of the Samples. The Ownership and Custody Agreement will also provide a date certain for the interested party to remove the Samples from the controlled storage units or otherwise take responsibility for payment of storage fees. A copy of the Ownership and Custody Agreement will be provided to an interested party upon EPA’s receipt of the notice described in Paragraph 4. The Ownership and Custody Agreement must be executed and returned within 30 days of EPA’s receipt of the notice described in Paragraph 4. EPA reserves its right to assert that any person or party that does not request an Ownership and Custody Agreement, or requests the Ownership and Custody Agreement but does not execute and return it within 30 days, has waived any claims or arguments regarding the transfer or disposal of the Samples by EPA.
6. In the event an interested party objects to EPA’s disposal of the Samples, the costs of storing these laboratory samples are considered response costs under CERCLA until (1) the party withdraws its objection or EPA concludes there is no valid basis for the objection or (2) EPA transfers ownership and custody to the interested party. If an interested party objects to disposal of a Sample but does not request to take custody thereof and EPA determines there is no valid basis for the objection, EPA will dispose of the Sample after making such determination.
7. If you are interested in obtaining ownership and custody of the Samples, please provide written notice in accordance with Paragraph 4 to Frances M. Zizila, 290 Broadway, 17th Floor, New York, NY 10007 and by email to zizila.frances@epa.gov. Notice must be received by August 8, 2024. In the event more than one private party demonstrates an interest in obtaining the Samples, the Samples will be provided on a first come, first serve basis.