Town of Hanson - Board of Selectmen
Meeting Minutes – Hanson Town Hall
June 21, 2011 – 7:30 p.m.
Members Present: Stephen Amico, James Egan, Richard Flynn, Donald Howard and David Soper
Members Absent:
Others Present: Executive Assistant Meredith Marini
I 7:40 p.m.~~~~~~~Chairman Amico called the meeting to order. Chairman Amico lead the Pledge Allegiance and read the announcements and upcoming meeting schedule.
II NEW BUSINESS
DEP – Update on Fireworks property – Representatives from DEP, EPA and the Town of Hanover were present. Chairman Amico introduced Hanover Selectmen Daniel Pallotta and Hanover Counsel Dan Nagle. Chairman Amico also acknowledged Representative Dan Webster and Town Engineer Al Hanscom.
DEP representative Jay Naparstek gave a brief history of the National Fireworks Site which is located in Hanover. He explained that the site has been in DEP’s system for thirty years. The clean-up of the property has reached Phase III but no additional work has been done at the site. The last open DEP permit expired in August 2009. Mr. Naparstek indicated that clean-up is unlikely in the near future. DEP has requested that EPA put the site on the National Priorities List. DEP feels it is the best route in order to get the property cleaned up. EPA and DEP will work together to get the responsible parties to pay for the clean-up. If they are unsuccessful, EPA will do the clean up and then go after the responsible parties.
DEP representative Len Pinaud reviewed a presentation which was distributed to everyone present. Mr. Pinaud reviewed the site history, the Massachusetts Contingency Plan site status which indicated that the MCP permit expired in August 2009. The Phase II Summary which highlighted the contaminates ranging from mercury and methyl mercury in the sediment, soil and groundwater and lead in the soil and groundwater, elevated volatile organic compounds which are risks to the humans and the environment.
The Board requested that signage regarding no fishing should be erected.
Mr. Pinaud reviewed the costs for the clean up ranging from $5,000,0000 to $158,000,000. The Remedial Action Alternative have costs that range from $26,380,000 to $29,144,000.
Mr. Pinaud reviewed the Potentially Responsible Parties. Mr. Pinaud reported that two of the parties have gone bankrupt. However, one bankrupted party, Tronox, has established a trust fund in the amount of $947,967 for clean up. Currently the project is in a holding pattern because no one would take responsibility for the clean-up. DEP currently has a draft Phase III plan, but cannot review it because the permit expired. If EPA takes over the project, they will have direct oversight.
Meghan Cassidy of EPA addressed concerns regarding the property values if the site becomes a Superfund Site. Ms. Cassidy points out that the site is already considered a hazardous waste site. She indicated that many studies have been done and provided different opinion. She has not received any data relative to a decrease in property values after designation of superfund sites as too many factors are involved in the value. Al Hanscom pointed out the property already has a stigma. Ms. Cassidy explained that there is no longer an actual Superfund, but EPA receives an annual congressional appropriation within their budget. Unless a project is on the list, EPA cannot fund the clean-up.
Ms. Cassidy discussed the search for potential responsible parties at both the State and Federal level. She explained that the EPA has a much stronger enforcement arm than the State. Potential Responsible Parties could pay triple damages. EPA will be able to deal with the Department of Defense which is one of the Potential Responsible parties. DEP would play a supportive role in the clean-up and EPA would take the lead. EPA will review the data and investigative reports already prepared by DEP to avoid duplication of efforts. Ms. Cassidy indicated that EPA’s willingness to move forward because so much of the data is now available which proves the cite is eligible for designation on the National Priorities List. She acknowledged that EPA will have to do some
additional investigations and risk assessments.
There was lengthy discussion regarding the Potential Responsible Parties and previous negotiations. The Department of Defense was willing take 60% of the responsibility but was unwilling to fund the clean-up.
Town Engineer Al Hanscom recommended the Board support placing the project on the National Priorities list. Hanover Selectmen Dan Pallotta opposed the action until the Town of Hanover’s concerns are addressed. Hanover Town Counsel Dan Nagle cited some of Hanover’s concerns and provided a copy of a letter to DEP. Hanover’s concerns included in part assurance that the Town and its residents and businesses are not required to establish their innocence as responsible parties. They want to participate in negotiations with DEP and EPA regarding allocation of funds from any settlements. They want a say in the extent and nature of Institutional. Mr. Nagle read the final paragraph of the letter into the record:
The Town is eager to see implementations of a cleanup plan that protects human health and returns to environmental health a significant waterway in the Town of Hanover and surrounding towns. By facilitating direct and meaningful participation by the Town, we think this can become a reality sooner rather than later. We are also aware that there will continue to be opportunities in the future to address more specifically the recommendations of MassDEP relative to this site. To that end, we respectfully request the opportunity to arrive at a letter of understanding from the DEP and EPA that acknowledges these concerns and provides the town with assurances, prior to the Governor’s endorsement and that the letter of understanding be a condition attached to other steps necessary
to support the NPL designation.
Mr. Pallotta feels Hanover has had a good relationship with DEP and is concerned if EPA takes the lead, the relationship will be lost.
DEP has requested the Town’s feedback by June 30, 2011 in order for the letter to be included in the package to the Governor. Mr. Pallotta feels they are moving too fast and suggested waiting a few more months to get their concerns addressed. Ms. Cassidy informed the group that it takes nine to fifteen months to get the project on the list and nominations start in September. At any time during that period, the project can be pulled. Mr. Hanscom suggested that the approval process and addressing Hanover’s concerns could happen simultaneously. Mr. Naparstek agrees starting the process as it takes time to get on the list. If we wait, it will be 2013 before any action is taken.
Mr. Pallotta feels that there is will be an economic effect on both communities. Pembroke has been included in the discussion because they are downstream of site. Pembroke Town Administrator indicated to DEP that Pembroke was ready to move forward with the project
Chairman Amico was not comfortable making a decision at this time due to Hanover’s. Mr. Egan did not see anything negative by moving forward and addressing Hanover’s concerns at the same time. Mr. Soper also agreed with Mr. Hanscom’s recommendation and was comfortable with the filing and simultaneously working out Hanover’s concerns. He felt that nine to twelve months should be enough time to get the issues ironed out.
MOTION by Egan, second by Soper to send a letter in support of placing the fireworks site on the National Priorities List as proposed by DEP for discussion.
Mr. Flynn suggested that the letter also recommend that Hanover’s concerns be addressed prior to placement on the list.
MOTION by Flynn, second by Egan to amend the motion to include Hanover’s concerns be addressed prior to placement on the NPL. Voted 5 - 0
Move to the vote on the motion as amended. Voted 5 - 0
The Board thanked the parties for attending and agreed to schedule a meeting with Hanover Selectmen, DEP and EPA in the very near future to address Hanover’s concerns.
Resignation from Dana Larsen, Assistant Veteran’s Agent & Graves Officer
MOTION by Howard, second by Flynn to accept with regret Dana Larsen’s resignation. Voted 5 - 0
III OLD/UNFINISHED BUSINESS - None heard
IV ONE DAY LIQUOR LICENSES
Tracey Jordan, Weymouth Sat., July 7th 1:00 p.m. to 6:00 p.m. – Wedding
Joanne Vitale, Dorchester, Fri, July 15th 6:00 p.m. to 11:00 p.m. – Wedding
Jacqueline Martel, Hopedale, Fri., July 29th 6:30 p.m. to 9:30 p.m. – Rehearsal
MOTION by Egan, second by Howard to approve the one day liquor licenses as presented. Voted 5 - 0
V APPROVE MINUTES
June 13, 2011 –
MOTION by Howard, second by Egan, to accept the minutes of June 13, 2011 as printed. Voted 5 - 0
VI COMMITTEE REPORTS – Oldham Pond – Mr. Flynn reported that Oldham Pond is still closed and additional testing will be conducted next week.
VII ADJOURNMENT
MOTION by Howard, second by Soper to adjourn. Voted 5 - 0
9:40 p.m. Meeting Adjourned.
Respectfully submitted,
Meredith Marini,
Executive Assistant
Approved and Voted 5 - 0
July 12, 2011
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