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DEPARTMENT OF ENVIRONMENTAL PROTECTION 

OFFICE OF TI-I.E COMMISSIONER 

Mail Code 401-07 

P.O. Box 402 

Trenton, NJ 08625-0402 

TEL (609) 292-2885 

FAX (609) 292-7695 

CHRIS CHRISTIE 

Governor 

KIM GUADAGNO 

Lt. Governor 

BOB MARTIN 

Commis.~ioner 

Judith Enck, Administrator 

U.S. Environmental Protection Agency 

Region II 

290 Broadway 

New York, NY 10007-1866 

Re: 	 Nomination for Removal Action and National Priorities List of Superfund Sites 

Pierson's Creek Site 

City ofNewark, Essex County 

Dear Ms. Enck: 

The New Jersey Department ofEnvironmental Protection (DEP) nominates the Pierson's Creek 

site in the City ofNewark, Essex County for removal action consideration under the federal 

Comprehensive Environmental Response and Cleanup Liability Act (CERCLA) and nominates 

the site for inclusion on the National Priorities List (NPL) of Superfund sites. 

DEP's Site Remediation Program has been working recently with the U.S. Environmental 

Protection Agency (EPA) Region II's Emergency and Remedial Response Division to determine 

an appropriate course of action to address Pierson's Creek that for more than 1 00 years has been 

impacted by a heavily industrialized section ofNewark. Contamination in this waterway has 

migrated to the Passaic River, where sediment was sampled during a separate investigation under 

the Superfund program and elevated levels ofmercury found. 

DEP has been involved with numerous remedial projects at sites along this waterway that include 

cleanup and redevelopment projects at the f01mer Albert Steel Drum/Prentiss Drug site, the 

approximate location of the where Pierson's Creek begins. The waterway extends through Troy 

Chemical and other properties, fed by tributaries, to a berth in Newark Bay. Several companies, 

along with Albert Steel Drum/Prentiss Drug and Troy Chemical, have contributed to mercury, 

arsenic, lead and volatile organic contamination, to mention a few, of the creek where storm 

water primarily flows. The levels of contamination in the creek area, regardless of source, are at 

levels of concern for both human and ecological impacts. Mercury contamination found during 

past and recent sampling indicates this creek continues to pose one the most significant sources 

ofmercury to Newark Bay. 

New Jersey is an Equal Opporwnity Employer • Printed on Recycled Pape1· and Recyclable 
DEP specifically requests that EPA Region Il's Removal Action Branch evaluate the elevated 

levels of arsenic and mercw-y in Pierson's Creek for direct contact and ecological threats. 

Further, due to the numerous potential responsible parties for contamination found along the 

waterway, it is appropriate that EPA conduct an encompassing investigation of the area as an 

NPL site. Remedial action by EPA through NPL listing will accelerate final cleanup of the 

waterway and its associated properties, thus also proving beneficial to potential redevelopment 

projects. 

· DEP appreciates the opportunity to participate in the decision-making process to nominate this 

site for removal and NPL status and looks forward to future cooperation with EPA during 

remedial work. If you have any questions, please call me at 609-292-2885. ely 

c: 	 George Pavlou, Deputy Administrator, EPA Region II 


Walter Mugdan, Director, EPA Emergency and Remedial Response Division 


Irene Kropp, Deputy Commissioner, DEP 


Dave Sweeney, Assistant Commissioner, DEP Site Remediation Program