Chemicals linked to cancer and other toxicants have been found at unsafe levels in a massive, seven-story tall dirt pile in Sussex County, according to state test results.

Samples taken from the pile by the New Jersey Department of Environmental Protection were found to contain polycyclic aromatic hydrocarbons (PAHs,) polychlorinated biphenyls (PCBs) and the pesticide chemical chlordane all at levels above the state’s standard for residential soil.

PAHs are classified as probable human carcinogens, according to the Centers for Disease Control and Prevention. PCBs are also linked cancer, according to the U.S. Environmental Protection Agency, as well as pregnancy complications and other health effects. Exposure to chlordane, according to the CDC, can have a variety of effects on the human nervous system.

The pile is in a quiet residential neighborhood in rural Vernon Township. For years it has been a concern for neighbors, who rely on private wells for their drinking water.

The high level of dangerous material in the pile means it should be classified a solid waste facility, but Joseph Wallace, the owner of the property, does not have a permit.

The test results were included as part of a letter to the court sent by the New Jersey Attorney General’s office on April 8, as part of the state’s ongoing case against Wallace.

Neither the Attorney General’s office nor the NJDEP had any further comment on the letter. Messages left for Wallace and his attorney, were not immediately returned.

The NJDEP first determined Wallace’s actions to be unlawful in February, shortly after NJ Advance Media published an in-depth report on the Vernon pile. That February determination was based on samples taken in January from material that the state claims sloughed off of Wallace’s pile and on to a neighboring property.

At a hearing on March 1, Wallace’s attorney argued that the state could not conclusively prove that material had actually originated on Wallace’s side of the property line. That hearing resulted in Wallace and the NJDEP entering into a consent order, which allowed the state to come on to Wallace’s property and test the pile itself.

That testing took place on March 14, when NJDEP inspectors took eight different samples from various points in the pile.

The March 14 samples confirmed the earlier findings, according to the state.

“These findings alleviate any concern that there is a missing nexus between the source of the contaminated material and the Wallace property clearly and convincingly,” Deputy Attorney General Matthew Knoblauch wrote to Judge Maritza Berdote Byrne.

The next hearing is scheduled for May 30, but the state has requested an earlier date based on these new findings.

“NJDEP continues to seek to prevent and prohibit any additional material of any kind from being brought onto the Wallace property,” Knoblauch wrote.

There are other issues. Mapping of the pile done by the state on the same day the samples were taken determined the mountain of dirt and debris covers 2.44 acres. Therefore, Wallace is required to get a stormwater permit from the NJDEP, which he never attained. The state issued a notice of violation on March 21.

Under state law, Wallace is subject to fines of up to $50,000 per day, per offense for the stormwater violation.

Finally, the state also claims that Wallace has failed to provide any documentation about what material is in the pile, or where it came from, despite agreeing to do so as part of the March 1 consent order.

Vernon Mayor Harry Shortway said the findings did not surprise him. He said that he and many residents in the township are concerned any public health risks caused by the pile, and are worried about the uncertainty of clean up.

“We’re all worried about the results. What does this really mean?” Shortway said. “What happens if he walks away from this? Who is going to pick up the tab?”

Shortway called on state lawmakers to take action to strengthen New Jersey’s solid waste laws. In February, three Sussex County Republicans threw their support behind S1683, a bill sponsored by Sen. Bob Smith (D-Middlesex.) The bill would expand background checks for people who work in New Jersey’s solid waste industry, and would hold people working with soil and fill to the same strict standards applied to those working in the solid waste sector.

“It’s time our state legislators declare war on environmental terrorism, starting with criminalizing such actions as we saw at [the Wallace property],” Shortway said.

U.S. Rep. Josh Gottheimer, D-5th Dist., released a statement Saturday calling for action.

“These tests confirm what we’ve been concerned about all along. It is beyond unacceptable that families have been living with this waste mountain in their backyards for so long, putting the health of our community at risk,” he said.

"The DEP and the state must take immediate action to protect the children and families of Vernon and hold Joe Wallace accountable. No more foot dragging. No more delays. No more excuses.”

Read the full letter sent by the Attorney General’s office to the court below:

Michael Sol Warren may be reached at mwarren@njadvancemedia.com. Follow him on Twitter @MSolDub. Find NJ.com on Facebook.

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