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## nf efn merseu DEPARTMENT OFENVIRONMENTAL PROTECTION OFFICE OFTI-I.E COMMISSIONER Mail Code 401-07

P.O. Box402 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 ofSuperfund Sites Pierson's Creek Site City ofNewark, Essex County

DearMs. Enck:

TheNew Jersey Department ofEnvironmental Protection (DEP) nominates the Pierson's Creek sitein the City ofNewark, Essex Countyfor 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) ofSuperfund sites.

DEP's Site RemediationProgram has beenworking recentlywith the U.S. Environmental ProtectionAgency (EPA) Region II's Emergency and Remedial Response Division to determine

an appropriate course ofaction to address Pierson's Creek that for more than 1 00 years has been impactedby a heavily industrialized section ofNewark. Contamination in this waterway has migrated to the Passaic River, where sediment was sampled during a separate investigationunder the Superfund program and elevated levels ofmercury found.

DEP has been involved with numerous remedial projects at sites along this waterwaythat include cleanup and redevelopment projects at the f01mer Albert Steel Drum/Prentiss Drug site, the approximate location ofthe where Pierson's Creek begins. The waterway extends through Troy Chemical and otherproperties, fed bytributaries, to aberth 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, ofthe creek where storm waterprimarily flows. The levels ofcontamination in the creek area, regardless ofsource, are at levels ofconcern for both human and ecological impacts. Mercury contamination found during past and recent sampling indicates this creek continues to pose onethe most significant sources ofmercury to Newark Bay.

New Jersey is an Equal Opporwnity Employer • Printed on RecycledPape1· and RecyclableDEP specificallyrequests that EPA Region Il's Removal Action Branch evaluate the elevated levels ofarsenic 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 ofthe area as an NPL site. Remedial action byEPA through NPL listing will accelerate final cleanup ofthe waterway and its associated properties, thus also provingbeneficial to potential redevelopment projects.

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

site for removal andNPL status and looks forward to future cooperation with EPA during remedial work. Ifyou have any questions, please call me at 609-292-2885. 

# ely

c: George Pavlou, DeputyAdministrator, 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