Contamination Costs Climb In Fairfield As Over 70 Sites Tested

FAIRFIELD, CT — Costs continue to climb as Fairfield responds to the fallout after two town employees and a former contractor were charged with environmental crimes related to the management of the Fairfield fill pile and contamination was uncovered at sites across town.

Testing and remediation expenses are expected to exceed the $1.8 million transferred in October by the Board of Finance to pay for the costs, Conservation Director Brian Carey — who has also been serving as the interim public works superintendent — told board members Tuesday. The ongoing contamination testing and remediation has been underway for months, with more than 70 sites tested so far, Carey said.

"Until we get in the field and dig it out and get confirmation samples, I don't know what the final bills are going to be on some things," he said, noting the town is seeing overages on certain components of the contamination response.

A document provided to the board outlined more than $1.4 million in estimated investigation and remediation costs. Just under $1 million of that total was listed for remediation, while about $450,000 was identified for investigation expenses. Of the nine remediation locations included in the document, site-specific costs ranged from roughly $15,000 to nearly $350,000.

Although the locations were tested after concern arose about potential misuse of town fill, in many cases contaminants found at the sites did not necessarily appear to be related to the fill pile. Arsenic at the Jennings Elementary School playgrounds has been connected to the use of treated wood timbers, Carey said. It's also unclear whether contaminants found on the Osborn Hill Elementary School, McKinley Elementary School, Jennings Beach and Old Dam Road tennis court properties are from Fairfield fill or factors such as spills, past use and other projects.

Contamination in the area around the sidewalk at Gould Manor Park, the Burroughs Park soccer fields and the walkway to the lower playground at Mill Hill Elementary School are likely connected to the pile, Carey said. However, as remediation has continued for nearly two months at Gould Manor, the town has found arsenic not associated with the fill pile closer to the park's pond, possibly due to pesticide use in the 1970s. The town expects to remediate about 600 tons of material at the park, according to Carey.

"Where they're coming from, it doesn't matter, they need to be addressed," he said of the contaminants.

If Fairfield exceeds the allocated $1.8 million for testing and remediation, an additional $2.7 million set aside by the board for unknown expenses or tax mitigation could cover the costs, according to Chief Fiscal Officer Bob Mayer. Spending those funds would require approvals by both the Board of Finance and the Representative Town Meeting. Mayer told the board that a request to spend more money on testing and remediation could come before the body in January.

Another expense regarding the fill pile is how the town will handle the pile itself moving forward. Fairfield about a month ago received a notice from the state Department of Energy & Environmental Protection, which said the presence of PCBs in soil at the public works yard, where the pile is located, is illegal.

"Obviously, there will be cost associated with that. What it is, I don't know," Carey said. "... It's so broad in scope that it needs to be kind of discussed with the DEEP."

Town officials were set to meet with the state Wednesday about the notice, Mayer said.

Fairfield hired Julian Development in 2013 to operate the fill pile and reduce the amount of unused project material in the pile by 40,000 cubic yards. But over the next three years, the pile more than doubled in size, and days before the agreement was set to end, contaminants were discovered on the property.

After conservation officials said the transportation and dumping of contaminated material could have violated state or federal law, police opened an investigation in 2017.

In August, former public works superintendent Scott Bartlett, former public works director Joe Michelangelo and Julian Companies Owner Jason Julian were arrested. They are each charged with several felonies, including dumping, larceny and forgery. The same week as the arrests, asbestos at Gould Manor was reported to police. Later that month, the town began announcing more potentially contaminated sites for testing.

Court proceedings are underway for Bartlett, Michelangelo and Julian. Each of the three men have pleaded not guilty and requested a jury trial.

In addition to the criminal case, Fairfield has sued Julian for millions in damages and Julian has sued the town for defamation.