Fill samples taken from Millington Quarry indicate higher than standard levels of arsenic, soil contamination, pesticides and lead according to a report released by Icon Engineering, Inc. last week.

Icon Engineering was hired in an emergency session by the Bernards Township Committee on Oct. 17 when Tilcon NY Inc., the owner and operator of the quarry, announced plans to begin independent testing of the site. The issue was one of many in a larger dispute between the township and Tilcon over the quality of the fill brought in to the site, which is currently in court-ordered mediation.

The report, issued by Icon Engineering's Behram Turan to the N.J. Department of Environmental Protection, criticized Tilcon's testing efforts, which were conducted by J.M. Sorge, Inc., and did not meet the specifications included in the NJ DEP's "Response to Fill Characterization Workplan" from July, 2009.

Only six of the 25 required deep boring samples and 26 out of the required 50 shallow boring samples were collected, and many of the samples did not reach planned depth.

"The gist of my report is saying that they haven't completed their investigation yet," Turan said in an interview with Basking Ridge Patch. "They only did the initial part."

Icon Engineering took split samples from those that were collected and conducted their own analysis. Because of concrete, brick and other debris found in the fill on site, Turan believes that the soil was not taken from a virgin clean source, but may have been imported from a demolition site.

Fill that will be used for residential purposes is typically taken from virgin clean sources, or sources that have been polluted by industrial activity, according to Turan. "That's what you are supposed to do, or you test it properly to ensure nothing exceeds those residential standards," Turan said. "The township position all along was that the material that was brought on site was not properly tested."

Limited sample data taken of the site's surface water indicates arsenic levels that exceed the Surface Water Quality Standards, a condition that is made potentially more dangerous due to the fact that water from the area is discharged with permit into the Passaic River, according to Turan's report.

Arsenic and lead were both found at levels that exceed standard in the site's groundwater samples, and initial testing indicated that arsenic may leach from the site's soil. The soil itself also tested at higher than standard levels of contamination for several types of pollutants.

One or more contaminants were found at levels exceeding the Residential Direct Contact Soil Remediation Standards at 21 of the 32 boring locations, and one or more contaminants were found exceeding proper Impact to Ground Water Soil Screening Levels at all 32 sample sites. Contaminants included semi-volatile compounds, pesticides and metals, according to the report. Radium levels tested to normal amounts on the property.

The DEP will eventually consider the evidence gathered and make a decision about the site's remediation plans.

"You cannot simply say you have seen some [contaminants] and you have to remove it totally, although that's the most desirable thing to do because you can remove every ounce of chemical that was brought in," Turan said. "But it also has to be practical. That's where the DEP comes in and determines whether everything must go, or certain engineering controls can be put in place to protect the environment, human health and also the future use of the site."

The full report is available on the Bernards Township Web site at www.bernards.org.

A phone call to J.M. Sorge was unreturned, and Tilcon declined to comment for this story.