The state Department of Environmental Protection is taking a Bayonne property owner to court tomorrow to clean up the site of suspected contamination.

Deputy Attorney General Adam Phelps will ask state Superior Court Judge Thomas P. Olivieri, sitting in Jersey City, to give the DEP the green light to access a 14.5-acre site on East Second Street, between Hobart and Ingham avenues, owned by Duraport Realty One, Two and Three, LLC.

The property supports a bulk receiving and trans-shipment facility, according to a city official who asked not to be named.

The complaint, filed Aug. 21, alleges that the property owner's "unwillingness to give DEP and its contractor(s) access to the Duraport property is delaying DEP's performance of a site investigation, the completion of which is essential to remediating the contamination at and from the Duraport property."

Toxins found at the site and in surface water runoff in the Kill Van Kull, as listed in the complaint, include trichloroethylene (TCE), perchloroethylene (PCE), vinyl chloride, arsenic and thallium, all in amounts that exceed DEP's cleanup criteria.

DEP's Ed Putnam, assistant director of remedial response, said yesterday that under a 1998 agreement the property owner had agreed to do a remedial investigation, but he said, DEP terminated that agreement last November after the owner failed to live up to the agreement.

Putnam said the Duraport land is adjacent to the old Standard Tank parcel, where contaminants have also been found in the groundwater, and "we've always been back and forth as to where (the toxins) were coming from." Even now, Putnam conceded, "we don't know the source."