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Developer finds 4,500–5,000 yards of PFAS‑contaminated soil across street from Saint‑Gobain; DES, developers seek options
Summary
Soil testing on a development parcel across the street from the Saint‑Gobain site identified about 4,500–5,000 cubic yards of PFAS‑contaminated soil; DES said stockpiling and timelines are constrained by rules and site capacity and noted a prior vetoed bill that would have required decommissioning requirements for PFAS facilities.
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A developer across the street from the Saint‑Gobain Merrimack site discovered PFAS‑contaminated soil and produced a stockpile estimated at roughly 4,500–5,000 cubic yards, DES staff told the PFAS legislative commission on July 11. DES project manager Andy Fuller said the soil “can't be reused on-site currently due to their space limitations with their project” and that DES has connected the developer with Saint‑Gobain to seek a solution. Fuller said DES has discussed stockpiling limits and that developers are under time pressure to complete projects. “There's about, there's about 4,500, maybe 5,000 yards of soil there,” Fuller said. Commissioners and staff discussed how existing regulatory triggers and resources affect how soil is managed. Fuller said DES had previously sought broader soil sampling across the consent-decree area but shifted focus in 2018 when the state lowered ambient groundwater quality standards and prioritized drinking-water exceedances; the soil issue resurfaced after the developer’s tests. Fuller noted some mechanisms allow management of contaminated soil stockpiles, which can have roughly a six‑month time frame, but the developer’s schedule creates a tension between remediation timelines and construction needs. Fuller said DES will try to “get creative” to assist the developer while ensuring soils are not moved in ways that could contaminate new areas. Policy context: commission member Nancy said a 2024 House bill addressing PFAS facility liability (house bill 1415) passed both chambers but was vetoed by the governor; the bill would have required decommissioning and removal-of-service controls at PFAS facilities that produced groundwater or surface-water concentrations above 100 parts per trillion, according to Nancy’s description to the commission. Nancy said she plans to refile the measure. Discussion vs. decision: the matter is an ongoing compliance and coordination issue between DES, Saint‑Gobain, and the developer. No enforcement action or deadline for removal was announced at the meeting; DES said the stockpile cannot currently be reused on-site and that options are being explored. Ending: DES said it will continue coordinating with the developer and Saint‑Gobain and may reissue work-plan requests to better characterize soil concentrations across the consent-decree area.

