Date: Fri 16-Apr-1999

Publication: Bee

Author: STEVEB

Quick Words:

Fairfield-Hills-contamination

Full Text:

Residual Contamination On State's "Gift" To The Town Raises Questions And

Concerns

BY STEVE BIGHAM

Is it every proper to look a gift horse in the mouth? Perhaps when you smell

gas on its breath.

Contaminated soil and groundwater from gas tanks excavated four years ago from

Fairfield Hills land that now belongs to the town has Newtown's first

selectman asking questions about the state's "gift" to the town in 1997.

Two years ago this week, Newtown accepted a 22.6-acre plot of land from the

state at Fairfield Hills along Mile Hill Road. At the time, there were some

who were reluctant to accept the property since there was apparently no

guarantee that the land was free of pollutants. The land was given to the town

by the state, free and clear, but the town had to agree to accept it "as is,"

and the state would accept no liability for any pre-existing conditions. At

the time, the Legislative Council felt pressure to make a decision to accept

the offer quickly before Hartford changed its mind and rescinded the offer.

Jack Rosenthal, a former first selectman and member of the council at the

time, suggested the town hold off on a decision until it was sure of exactly

what it was inheriting.

"Let's delay this, hire a firm to examine the soil, asbestos and water

concerns. If those three questions are answered, then by all means we should

accept the offer," he told the council.

In the end, however, the council voted, 8-1, to accept the land, an old garage

and the 32,000-square-foot Watertown Hall building.

A report from consulting engineers, received by Mr Rosenthal's son, First

Selectman Herb Rosenthal, last week makes the elder Mr Rosenthal look

prophetic. A report submitted by consulting engineers Fuss & O'Neil, Inc, of

Manchester indicates that residual levels of soil and groundwater

contamination still remain, including benzene and MTBE, which are found in

gasoline. Documents further show that at least some in state government were

aware that these pollutants existed when it gave the property to the town.

However, according to a Department of Public Works (DPW) spokesperson, the

state does plan to clean up the site despite the fact that it is now town

land.

Fuss & O'Neil, which recently took soil samples on the site as part of the

Board of Education's proposed 5/6 school project for the 22-acre site, also

conducted a study for the DPW in 1995. That report also indicated that some

pollutants did still exist in the soil. According to the report, some soil

could not be removed since the dissolved gasoline constituents existed beneath

the nearby garage.

"I'm upset because here is an other example of the state saying one thing and

two years later we learn that they withheld information," Mr Rosenthal said.

Now the Department of Environmental Protection (DEP) could come in and order

the town to clean it up, adding insult to injury, according to the first

selectman.

There is no evidence, however, that proves the state purposely deceived town

officials about their offer of land and buildings on the site. DPW did say

that approximately 130 tons of gasoline-contaminated soil was removed in 1995.

The only one to suggest that the area was pollutant free was then-First

Selectman Bob Cascella in a memo to the Legislative Council in April 1997.

"The state of Connecticut removed all of the underground gasoline storage

tanks approximately 18 months ago. At this time any and all soil contamination

was also removed," Mr Cascella wrote to the council.

This week, Mr Cascella reiterated his previous comments, saying he remembers

being told that the property was free of contamination -- that the problem had

been "remediated."

"We were told by the state of Connecticut that there certainly was no

environmental concern. In my opinion, the onus falls on the shoulders of the

state," Mr Cascella said.

The state appears to agree.

Mr Rosenthal last week discovered that the state hired an environmental

consultant to conduct tests on the 22.6 acres in March. In a phone

conversation, he asked DPW project manager Joe Cassidy who gave him the

authority to do these tests.

"He told me he didn't know that it was town land," the first selectman said.

Mr Rosenthal has referred this issue to Town Attorney David Grogins for

review.

"I want to know what the state knew when they offered this land and what they

are going to do about cleaning it up," he said.

According to Mr Cassidy, the state will follow through with its cleanup even

though it has since learned that the property is owned by the town.

"It did not affect our plans," Mr Cassidy said. "I've been told to continue

doing what we're doing."

And The Rest

Of Fairfield Hills?

So what does this mean as far as the town's possible purchase of the 186-acre

core campus area at Fairfield Hills.

"I think it's important that we get an environmental study of our done," said

Mr Rosenthal, who plans to hire an environmental consultant this spring.

The first selectman also wonders why the DPW has still not completed a Phase I

environmental study of the Fairfield Hills core campus. That study must be

complete before the prospective private developers can be expected to hand in

detailed proposals, which were scheduled to be in by mid-June. That date may

have to be pushed back if the study is not finished soon, Mr Rosenthal said.