Smithfield council continues public hearing on Davis Superfund groundwater protection overlay

Smithfield Town Planner Mike Phillips on Feb. 4 asked the Town Council to consider an ordinance creating a Groundwater Protection Overlay District around the Davis Superfund site that would restrict groundwater withdrawals within the mapped area.

The proposal, contained in a draft amendment to Article 9, Section 9.5, is intended as an institutional control to prevent groundwater pumping that could influence the direction or speed of the contamination plume while the EPA conducts remediation. "If no one's pumping here, it's not gonna impact the direction of the plume or the speed at which the plume is moving," Phillips said.

The overlay would apply to parcels shown on a map Phillips provided; he said roughly 41 parcels are included. The draft ordinance also lists exempt properties allowed to retain existing wells because the owners have allowed EPA sampling; Phillips said three parcels are currently listed as exempt in Section 9.5.2(d). Phillips acknowledged the district might not be needed indefinitely: "I don't know how long it would have to be instituted. But, that plume has been there a long time and it's probably going to be there for a long time to come."

Several property owners asked for more time to consult with the EPA. Joe Carnivale, representing Fishing Dare Properties LLC, asked the council for a short continuation to solicit specific EPA guidance about the west side of the quarry on Assessor's Plat 50, Lot 209, a 39-acre property he said had been reconfigured so test wells and the plume did not extend onto the developed portion. Owner Greg Lucini said he had worked with the EPA and described a solar array already built on part of the land; he asked that the overlay exclude the west side of the quarry where he said the plume did not reach.

Resident Theresa Godolcey asked for a list of parcels that are exempt and nonexempt; Phillips agreed to provide it. Another resident, Glenn Gresco, stated he opposed the prohibition even though his property is exempt.

After discussion, Councilor [motion maker not specified in the record] moved to continue the public hearing for one month; the motion carried. The council kept the public hearing open until March 4 for additional information from petitioners and the EPA.

Why it matters: the overlay would place long-term limits on groundwater use for dozens of parcels in the vicinity of an EPA Superfund cleanup, affecting property owners’ future development options and the EPA’s remediation strategy.

What’s next: The council will reconvene the public hearing on March 4; staff said they will provide the list of exempt and nonexempt parcels and petitioners said they will seek EPA guidance before the continued hearing.