Perilous paint and the fight for the Ringwood mines in New Jersey (2008-2021)

Final Report:

Introduction

The sounds of children playing and having fun can be heard coming from the woods in Ringwood, New Jersey and normally this would be an unremarkable occurrence in most areas. Unfortunately for these children, the area they were playing in was very hazardous. The ground beneath them consists of sludge and debris, but it was all from the paint that had come up from the soil. Chunks of paint could be found lying around, it was as colorful and malleable even after leaving the factory many decades ago. Wayne Mann and his friends would take old car hoods in order to slide down this sludge, not realizing how hazardous this was to them as they were just playing around. The children would also make pies of dirt, which contained sludge and debris, then would eat it. They would do this simply because the paint tasted good to them. When these dirt pies were consumed, they could often develop nose bleeds, headaches, and would even bleed out of their ears.[1]

Back in the 1960s the Ford Motor company had a plant in Mahwah. Ford needed to get rid of packing materials, scrap car parts, paint sludge and other materials. In order to get rid of the paint that contained lead, arsenic, and chromium; the company would dump it into mineshafts. Ford claimed that state and local officials approved the dumping that occurred from 1967 to 1971. [2]After many years of sitting in the mines, it began to seep into the soil. This would end up having severe health implications for those living in the surrounding areas.[3]Once it had been discovered that the dumped toxins had become a major issue, the site was added to the EPA Superfund site list in 1983. A clean up of the area was put into progress, and in 1994 it was removed from that list.[4] Unfortunately this was still early in the EPA’s Superfund process so there was not a clear way to determine if this cleanup was up to code and safe. In the end, it resulted in an incomplete cleanup as the area was still heavily contaminated from the toxic paint.

In 2008 there was the documentary Mann v. Ford which brought a lot of light to the Ringwood mines. It also drew attention to the local Lenape tribe that lived in the area. The documentary goes over what it was like growing up in the area and how impactful it was regarding the health of the residents. It also follows the legal battles that the community has had to face in order to fight for justice for their land and safety. The result was an unsatisfactory ruling which failed to solve the issues around the community. This raises questions such as, what has been done since the legal battle to fight for justice? And have the local people taken matters into their own hands?

This research paper will look at and talk about the strategies the local community of Ringwood, New Jersey, was forced to adapt and change to continue fighting for their land since the Mann v. Ford documentary. There were many impacts the dumping had on this community, the land and the people who live on it. Next, let us continue to discuss the strategies that were put forth during the documentary and compare them to the current ones taking place. Next, the future for the area and what the people of the community are looking for to change. Lastly, I will go over the demographics of the area. The document’s strategy proved insufficient and so the local Lenape tribe has taken matters into their own hands as they fight for their community.

Strategy before and during Documentary

Ford owned the land that the Lenape lived on and did what they wanted. The people could not resist since they were only renting.  They were afraid of the potential consequences if they said something, deciding to remain quiet. This became a way of life for them as they were taken advantage of. Ford later donated the land in order to get rid of it and reduce their liability. The government agencies were not doing anything, so they were forced to fight a legal battle. They fought for a few years and received some compensation however it was not enough to make sure the community was healthy and safe.[5]

In the Mann v. Ford documentary, the Lenape tribe formerly resided in Ringwood fought back using the court system. In January of 2006, more than 600 plaintiffs filed a class action lawsuit charging Ford with property damage and negligent toxic poisoning. Over 2 years later, in September of 2008, the case would finally appear in the New Jersey State Court for a case management hearing. These types of cases usually have a handful of people go into depth on the case in front of a judge. The reason it is only a few people is because it would be too expensive and time consuming to go through hundreds of people especially in a case like this. The judge for this case decided to make a very interesting decision, in which he asked for 148 randomly selected plaintiffs with both the Ford and plaintiff sides able to eliminate 20 each which would bring the total down to 108 plaintiffs. This massive amount of people that would have to be gone through put a lot of pressure on Ford as this would be extremely expensive to go through. This would be made even more of a challenge when the judge wanted to have two hearings going at the same time. It essentially became an impossible case with the goal of forcing the two sides to come to an agreement. During this time, Ford also saw a dramatic decrease in their stock price which heavily impacted their value. Ford was put into a very difficult situation for this trial so they would likely look for a quick resolution.[6]

This high-pressure situation also had a significant impact on the Ramapo Lenape tribe as well. The issue with court cases is that they often require a lot of money and can often be dragged out for a long time. With the threat of the case possibly taking two or three more years, the tribe was put into a position where they may have to take an offer that is not the best that they could get. In cases like these it can be extremely difficult to prove causation to the legal system, this was due to the fact that testers could not find consistent levels of dioxide in people’s blood. Even though it was very obvious that it has had a significant impact on the area, without the proper evidence it may not hold up in court. For the Lenape tribe the financial risk was too high, and they could not afford to push further. [7]

With both sides not wanting to continue the trial, Ford made an offer to the Ramapo tribe in September of 2009. They accepted the offer of paying 11 million dollars to the people and the town of Ringwood agreed to pay 1.5 million dollars. This money was split between the 650 people who were in the area. Depending on different criteria the people would receive between 4,000 to 35,000 dollars. People of the tribe described the outcome as bittersweet as they had gotten something, but it was nowhere near enough to fix the issue. They had people with all kinds of cancer and different types of diseases, even the top amount they could have been awarded was not enough to cure those illnesses or bring back the ones they may have lost due to this.

This court case is not seen as a success as the people were forced to settle instead of potentially getting nothing in the end. None of the issues regarding health or cleanup were resolved and Ford was able to get away without having to admit to any responsibility. It could have become even more costly if the settlement was not reached. Due to these factors the case was not seen as a success by the Lenape tribe because they technically did not win or lose. People of the community are still suffering, which is what they aimed to eliminate if they had won. This would cause them to have to look for other solutions to fight for themselves.

Strategies post Documentary

One way that the Lenape tribe has changed their protests is the creation of the Three Sisters farm. The term Three Sisters is a farming technique that was used by Native Americans. This technique uses the corn, beans, and squash together so they can help each other grow. The focus is harmony as the plants benefit from being grown together. The way this works is “As corn grows, it acts as a pole for bean vines to climb up. The bean vines also help stabilize corn, so they won’t blow over in windy conditions.”[8] This is only the beginning of the benefits that this method provides. It also provides a major benefit to the soil that is used to grow crops and provides a sustainable source for food. The pole beans pull nitrogen from the air and bring it into the soil is beneficial to both the other crops and the soil.[9] These crops work in harmony on multiple levels and benefit not only the people but the environment around them as well.

In honor of this practice, the Local Lenape people in the Ringwood area recently created a farm and named it the Three Sisters Farm. In the first year the crops were planted on 9 of the 14 acres that make up the farm. The three sisters were plated along with radishes and potatoes. Small farm animals were introduced, such as chickens, which provide farm fresh eggs. The state even gave a permit saying that the farm can grow hemp, which was used by Native Americans to make soap and fabric.[10]

The Three Sisters Farm represents an important revival of Native American culture and practices. One of the goals for the farm is to grow food for the community without charging them. An emphasis is put on using the organic methods that is being grown pesticide free.[11] This will provide healthy opportunities for the community as well making it easier for them to get by not costing them anything. Another goal of the Three sisters farm is to sell some of the food grown and use those funds towards the community. The main focus right now is to use the money from the farm to get justice from those who are accountable in regard to the Ringwood mines. This includes people who were the cause of the pollution as well as those who have not done what they said they would do.

A Second tactic that has been adopted by the people of Ringwood is going to other protests about environmental issues and protesting alongside other groups. This is an extremely useful thing to do as not only helps support other environmental issues, but it also helps raise awareness for the situation that the Ringwood mines are in. Going to like minded people and supporting their cause will increase the likelihood that they might help at future events regarding the Ringwood mines. There are multiple benefits for everyone involved.

An example of the Ringwood Lenape tribe doing this is when they went to a protest over the additions to a gas pipeline. According to the Ramapo News, “The 65-year-old pipeline currently runs through Northern Sussex, Passaic and Bergen Counties. However, a new proposal calls for building additional compressor stations through the line, pressurizing higher volumes of fracked gas within several New Jersey towns, one of which is Mahwah”[12] Mahwah is close to the Ringwood mines and while this protest is not really about the dumping of paint in the Ringwood mines it is very helpful for spreading their message about how their land is contaminated. Not only is it effective for raising awareness with people concerned about environmental issues, it can also lead to a broader audience seeing their issues. The protest was featured in a local paper which has a dedicated part that goes over the current state of the Ringwood mines and how Ford has not done enough to help the cleanup.

There are plans for the future of the Lenape Tribe and how they will continue to fight for themselves. The third strategy is attempting to acquire their former land. After many struggles they are looking to get back on the land that they formerly lived on. According to Chief Mann, “The land on the other side of Tranquility Ridge was once called Beech Farm and is now owned by the county. They have 2,500-4,500 acres of land… It was purchased with Green Acres money which means it would need to go through the legislature to allow that land to be worked around”[13] The goal is to make many homes for people in the community and to bring those who left back into the community. There are a few parts to this plan as they hope the land would be up into a nonprofit which would help the tribe greatly. They would then be able to give everyone in the community the same amount to pay which would go towards environmentally friendly heating and cooling technology to create a model for the state.

A fourth strategy implemented here is showing how to build a sustainable community. This could also be used as a blueprint for other communities who want to be more environmentally conscious. This would include more environmentally sensitive heating and cooling systems. The main goal is to leave as minimal of an impact as possible while allowing the community to continue to thrive. Another potential goal would be to create a community center where people can work, and culture could be brought back. If this plan were to succeed, then this would be a massive step forward for the community. The local culture could be revitalized as well as help provide for those in need.

The way that these strategies are different from the legal strategy used in the Mann v. Ford documentary. The legal route that was used was largely unsuccessful and took a few years before any substantial results came. The new strategies are much more efficient and less dangerous to the financial situation that occurred originally with the tribe. They are all about taking matters into their own hands since relying on the government has proven poor course of action. The Three Sisters farm provides a financial return to the community as well as bringing them back to their roots. Ideas such as going to other protests involving environmental issues do not cost anything and will help raise awareness. Future ideas heavily include investing back into the community in order to make it both sustainable and safe for everyone who lives there. These will all strengthen the bond of the community as they all work to improve the areas around them now and for all future people who decide to live there.

Demographics

The area I decided to use was the Ringwood Mines superfund site. The issue of lead paint seeping from the mines into the soil has become a major issue. The buffer for this figure is a 1-mile radius around the site. This was done in order to see how the people living in the direct area were affected by the Superfund site. The tool that was used to obtain this information was the EPA’s Environmental Justice Screening and Mapping tool.

When examining Environmental Indicators, the lead paint and Superfund proximity categories stand out.  The Superfund proximity category is in the 95th percentile in the country. When it comes to the amount of lead paint in this area, it ranks in the 81st percentile in the country. This category refers to the lead paint inside of homes and not outside. This statistic does not take into account the lead paint that is seeping from the mines into the soil, which is further damaging the land and the people on it. The people in this area already have a high chance of coming into contact with lead paint before even considering the fact that every time they step outside, they could be put in further danger due to the soil being toxic.

The important Demographic Indicator that is important to this area is the people of color population category. Near the Superfund, the People of Color Population is in the 25th percentile in the country. This may seem low until the data is looked at deeper. In this 1 mile radius the Native American race makes up about 6 percent of the population. According to the US Census, Native Americans make up only 0.6 percent of the population in New Jersey.[14] This shows a significant concentration of Native Americans in the area.

Despite the People of color category being relatively low, the Native American group is significantly higher in percentage just in that area than it is in the entire state of New Jersey. This group has to live with the repercussions of living extremely close to a Superfund site all while having to deal with the issue or lead paint likely being in their homes more than the average American. This can lead to more of a risk for the group to develop chronic illnesses.

Conclusion

There has been significant change from when Wayne Mann and his friends were playing in the piles of paint sludge. The local people have realized that they can fight back in many ways. They have shown their ability to adapt and overcome as certain attempts to push for change have not succeeded. Wayne and many others have fought so that their childhood full of sickness and health issues does not happen to others.

At first there was very little resistance to Ford and almost no fighting for the site to change. People were too scared of the large corporations whose land they were living on. They did not want to get kicked off the land so instead of fighting they just let Ford take advantage of them. After health concerns arose and the people were tired of nothing happening, legal action was sought. This led to a settlement outside of court due to the pressure put on both sides. This was not enough to fix the harmful effects of the paint dumping. It was at this point that the local people realized that they would have to take matters into their own hands. One strategy is the creation and development of the Three Sisters farm. This is a revival of Native American culture, and it provides benefits to the community. A second tactic implemented was seeking allies with other groups that are also suffering from environmental injustices. A third strategy is attempting to acquire land for the community. This would help bring back tribe members who have moved away by giving them a place to live. They also are looking to create a sustainable community with the goal of being environmentally friendly. Lastly, they are looking to create a community center that can aid the revival of their culture and community.

It is important for people who are looking for change in their community to continue to look for new ways to make their lives better. Government agencies may not always do the right thing and instead of giving up they should look for ways to fight. Even if attempts do not work, such as using the legal system to seek change, people should continue to look for new ways and take matters into their own hands.

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[1] Mann v. Ford, Maro Chermayeff, Micah Fink, Waynee Mann, Nancy Abraham,Julie Almendral, Donald Everett Axinn, Sheila Nevins, James Redford, David Smoler, Show of Force. 2011https://play.hbomax.com/feature/urn:hbo:feature:GVU2pXAnWAYNJjhsJAUxL?reentered=true&userProfileType=liteUserProfile

[2] Ron Stodghill, “Decades after a Plant Closes, Waste Remains,” The New York Times (The New York Times, July 29, 2007), https://www.nytimes.com/2007/07/29/business/yourmoney/29spill.html.

[3] Michael Sol Warren | NJ Advance Media for NJ.com, “50 Years after It Began Dumping Poison Sludge in a Poor N.J. Mountain Community, Ford Agrees to Spend $21m to Put a Cap on Toxic Sites,” nj, May 7, 2019, https://www.nj.com/news/2019/05/50-years-after-it-began-dumping-poison-sludge-in-a-poor-nj-mountain-community-ford-agrees-to-spend-21m-to-put-a-cap-on-toxic-sites.html.

[4] “Ringwood Mines/Landfill Site Profile,” EPA (Environmental Protection Agency, October 20, 2017), https://cumulis.epa.gov/supercpad/SiteProfiles/index.cfm?fuseaction=second.cleanup&id=0200663.

[5] Mann v. Ford, Maro Chermayeff, Micah Fink, Waynee Mann, Nancy Abraham,Julie Almendral, Donald Everett Axinn, Sheila Nevins, James Redford, David Smoler, Show of Force.

[6] Mann v. Ford, Maro Chermayeff, Micah Fink, Waynee Mann, Nancy Abraham,Julie Almendral, Donald Everett Axinn, Sheila Nevins, James Redford, David Smoler, Show of Force.

[7] Mann v. Ford, Maro Chermayeff, Micah Fink, Waynee Mann, Nancy Abraham,Julie Almendral, Donald Everett Axinn, Sheila Nevins, James Redford, David Smoler, Show of Force.

[8] AFBFA – American Farm Bureau Foundation for Agriculture, “The Three Sisters,” American Farm Bureau Foundation for Agriculture – Homepage, accessed December 14, 2021, https://www.agfoundation.org/news/the-three-sisters.

[9] Georgis (Not Verified) et al., “The Three Sisters: Corn, Beans, and Squash,” Almanac.com, November 12, 2021, https://www.almanac.com/content/three-sisters-corn-bean-and-squash.

[10] Jackie Roman | NJ Advance Media for NJ.com and Michael Mancuso | NJ Advance Media for NJ.com, “Our Farm Won’t Just Feed Us, Tribe Says. It’ll Reclaim the Lifestyle Pollution Stole.,” nj, September 26, 2021, https://www.nj.com/sussex-county/2021/09/our-farm-wont-just-feed-us-tribe-says-itll-reclaim-the-lifestyle-pollution-stole.html.

[11] “Farm Helps Heal NJ Native American Community,” New Jersey Conservation Foundation, November 11, 2021, https://www.njconservation.org/farm-helps-heal-nj-native-american-community/.

[12] “Ramapo Students Speak up against Pipeline Expansions,” ramaponews, accessed December 14, 2021, http://www.ramaponews.com/news/view.php/1041216/Ramapo-students-speak-up-against-pipelin.

[13] “Seeding a Native Future despite a Toxic Past: Chief Vincent Mann of the Ramapough Lenape Turtle Clan,” NESAWG, December 9, 2019, https://nesawg.org/news/seeding-native-future-despite-toxic-past-chief-vincent-mann-ramapough-lenape-turtle-clan.

[14] “U.S. Census Bureau Quickfacts: New Jersey,” accessed December 14, 2021, https://www.census.gov/quickfacts/NJ.

Bibliography

AFBFA – American Farm Bureau Foundation for Agriculture. “The Three Sisters.” American Farm Bureau Foundation for Agriculture – Homepage. Accessed December 14, 2021. https://www.agfoundation.org/news/the-three-sisters.

“Farm Helps Heal NJ Native American Community.” New Jersey Conservation Foundation, November 11, 2021. https://www.njconservation.org/farm-helps-heal-nj-native-american-community/.

Jackie Roman | NJ Advance Media for NJ.com, and Michael Mancuso | NJ Advance Media for NJ.com. “Our Farm Won’t Just Feed Us, Tribe Says. It’ll Reclaim the Lifestyle Pollution Stole.” nj, September 26, 2021. https://www.nj.com/sussex-county/2021/09/our-farm-wont-just-feed-us-tribe-says-itll-reclaim-the-lifestyle-pollution-stole.html.

Michael Sol Warren | NJ Advance Media for NJ.com. “50 Years after It Began Dumping Poison Sludge in a Poor N.J. Mountain Community, Ford Agrees to Spend $21m to Put a Cap on Toxic Sites.” nj, May 7, 2019. https://www.nj.com/news/2019/05/50-years-after-it-began-dumping-poison-sludge-in-a-poor-nj-mountain-community-ford-agrees-to-spend-21m-to-put-a-cap-on-toxic-sites.html.

“Mineshaft Madness: How Ringwood’s Mines Got Filled with Paint and How It Was Not Completely Cleaned Up.” Environmental Inequality. Accessed December 14, 2021. https://ejhistory.com/mineshaft-madness/.

“Ramapo Students Speak up against Pipeline Expansions.” ramaponews. Accessed December 14, 2021. http://www.ramaponews.com/news/view.php/1041216/Ramapo-students-speak-up-against-pipelin.

“Ringwood Mines/Landfill Site Profile.” EPA. Environmental Protection Agency, October 20, 2017. https://cumulis.epa.gov/supercpad/SiteProfiles/index.cfm?fuseaction=second.cleanup&id=0200663.

“Seeding a Native Future despite a Toxic Past: Chief Vincent Mann of the Ramapough Lenape Turtle Clan.” NESAWG, December 9, 2019. https://nesawg.org/news/seeding-native-future-despite-toxic-past-chief-vincent-mann-ramapough-lenape-turtle-clan.

Stodghill, Ron. “Decades after a Plant Closes, Waste Remains.” The New York Times. The New York Times, July 29, 2007. https://www.nytimes.com/2007/07/29/business/yourmoney/29spill.html.

“U.S. Census Bureau Quickfacts: New Jersey.” Accessed December 14, 2021. https://www.census.gov/quickfacts/NJ.

(Verified), Georgis (Not, Nikki (not verified), Joe (not verified), and Kate (not verified). “The Three Sisters: Corn, Beans, and Squash.” Almanac.com, November 12, 2021. https://www.almanac.com/content/three-sisters-corn-bean-and-squash.

Zimmer, David M. “Ringwood Ford Superfund Site Soil Project Will Take One Year. It Begins This Month.” North Jersey Media Group. NorthJersey.com, February 6, 2021. https://www.northjersey.com/story/news/passaic/ringwood/2021/02/03/ringwood-nj-superfund-project-begins-february-will-take-one-year/4355744001/.