Town must remove dirt it moved onto wetlands Fill was placed near creek, site of unrelated lead contamination BY JESSICA SMITH Staff Writer OLD BRIDGE - The dirt once dished out by the township on a wetlands area is slated for removal. Though the state Department of Environmental Protection (DEP) is requiring the town to clean up the dirt, which was unknowingly placed on the wetlands in Laurence Harbor, the stockpiled material is in no way hazardous, according to township officials. "It was inadvertently placed there, and we have to remove it," Mayor Jim Phillips said. The town's Public Works Department stored the fill, which contains dirt, concrete and some asphalt, according to Township Business Administrator Mike Jacobs, back in 2003. The location where the materials were placed on the township owned land was initially not an issue, but when a road department worker leveled the pile, it encroached on about a half-acre of wetlands. Once a swamp about 40 years ago, the approximately 60-acre Margaret's Creek area where the dirt was placed extends from between Laurence Harbor and Cliffwood Beach to the Raritan Bay. In 2005, residents in the area approached the Township Council with concerns about the material there, saying the dirt was oozing a white, frothy substance. After testing by the Old Bridge Municipal Utilities Authority (MUA), the fill was deemed clear of contamination. Nevertheless, due to where it was placed, its removal was required by the DEP. Neither Jacobs nor Phillips could identify the white substance residents had seen, but both said the testing was thorough and conclusive. Two years after the DEP directive, the misplaced stockpile still occupies its original position. The agreement between Old Bridge and the DEP states that the township will not remove the materials until after other contamination there is remediated, officials said. "This is being treated as a coordinated response," DEP spokesman Larry Hajna said. Nearby, along Margaret's Creek, tests performed last year revealed unusually high levels of lead contamination. The tests were conducted by the DEP after discussions with the township about the state possibly purchasing the land for open space. Phillips said at the time that the area of contamination, just east of Route 35, is relatively isolated and therefore should not be cause of panic for residents. There is, however, an abundance of wildlife there, he said. By August, the DEP had traced the lead contamination to three companies. The parties named by the DEP were NL (formerly National Lead) Industries, Twin AnchorsMarine Basin and Liberty Trucking Co. Though NL Industries produced the lead in question, the other two companies were implicated because of their involvement in the disposal of the lead. According to DEP documents, Liberty Trucking dumped the lead at the Margaret's Creek/Laurence Harbor seawall site, which was owned by Twin Anchors Marine Basin from the early 1960s to the mid-1980s. Aletter written by James Cullen of National Lead to the DEP in 1972 states that materials from the company's plant were taken to a property in Madison Township (now Old Bridge) for disposal. "They were aware of what it was, and they were aware of where it was going," Phillips said. Liberty Trucking and Twin Anchors dissolved as companies, in 2005 and 1989, respectively. NL Industries is still in business, though it no longer operates its factory in Sayreville. According to Hajna, NL Industries is being held responsible for cleanup of the site. "At this point, NL argues that there are additional responsible parties," Hajna said. The DEP has given NL some additional time to track down the other parties believed to be responsible, Hajna said. NL is expected to present its information to the DEP within a couple of weeks. Though the lead contamination dwarfs the issue of clean fill placed on wetlands, the township is nonetheless charged with removal of the stockpile. Jacobs said that is unlikely to happen anytime soon, as NL is still negotiating with the DEP over its responsibility. According to Jacobs, the DEP turned down a previous proposal by the township to leave the dirt at the site and place birdhouses there. Phillips said it is possible that the dirt could be used in the remediation of the area contaminated by lead. Removal costs have yet to be determined, Jacobs said.