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Order amid Chaos



WILLIAMS, CUKER & BEREFZOFSKY
Attorneys At Law

October 8, 1998


George Schlosser, Esquire
Office of the Attornney General
Department Of Law and Public Safety
P.0. Box 080
Trenton, NJ 08625

Re: Toms River Cancer Cluster

Dear George:

As you know our office represents approximately 6o families in the Dover Township area whose children are afflicted with cancer. I met Jim Pasqualo at the public meeting of October 5 and asked for some information which would indicate the general locations of the private well sampling which was performed as part of' the DOH study of drinking water in the Toms River area. I mentioned that this was essential to us in our investigation so we could determine the sources of certain TICs found in private well water, including many which appeared to be dye related compounds. Although none of our clients had wells sampled as part of the private well testing, the presence of certain compounds in private wells would be very important to our effort to determine a pathway from certain industrial polluters to the public wellfield.

Mr. Pasqualo advised that the consultations being prepared for the Reich Farm, Dover Township Landfill and Ciba Geigy sites had maps which showed the general location of the private well sampling near those three areas. I understand these consultations are in draft form, but would like to obtain a copy of the maps which show the general locations of private well sampling. I expect that these maps would be on a scale similar to the sampling map released at the public meeting, and simply show the approximate location of the private well and correlate that location to a simple number. I do not need a name or address.

I believe that the statement in the handout, that private wells showed "no evidence of contamination associated with the (Ciba) site," is inaccurate. In Volume 69 ofthe DHSS testing, documents show that field sample number 101103 has a large number of TICs. These are documented on pages 892 to 909 of volume 69 and include TICS with the following names:

Naphthalene, 1,5,7 - trimethyl
Naphthalene, 1.3,6 - trimethyl
Quinoline 2 - sec-butyl, 6 - aminobenzo
(G)quinoxaline
Other naphthalene derivatives
Anthraquinone 1 - M - TOLYL

Chemical reference books indicate these are dye-related compounds.

Other private well samples appear to contain dye related compounds as well. For instance, Benzothiazole, which also showed up in sample 101103 Volume 69 at p. 903, was also found in Ciba Geigy effluent. See Phase 2 Final Report, 1/9/87, Table 4A. Triazine, which appeared in samples 101105 and 101108 Volume 60 p.917 and 933, respectively, was also found in Ciba's effluent, Phase 2 Final Report, table A-2.

I am enclosing a list of vat dye made at Ciba Geigy which also shows Benzenesulfanomide, which was recently found in well #22 of the Parkway wellfield. I have not yet checked to see if it also appears in any private wells.

Furthermore, I recently learned that a DEP research project, not contained in the Ciba regulatory file, found dye compounds in the Toms River between 1985 tnd 1990. This is significant because of the known pathway between river pollutants and the Holly Street wells. I have been informed that Bob Hazen, Marty Rosen, Leslie M. George or Tom Ledoux at DEP may have some knowledge of this study.

Because the DOH has announced to the public that no private well had any Ciba-related contaminants, I think we are entitled to review locational information to scrutinize the validity of this statement. The information requested would not violate anyone's confidentiality.

Kindly advise whether and when you can provide us with the location information requested. If you have any questions regarding the above please do not hesitate to call.

Very truly yours,

MARK R.CUKER


MRC/psf
cc: Gerry Nicholls



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