Environmental testing finds historic fill contamination at Easton EMS site; committee authorizes legal review

Chris Buck, LEP, presented soil testing results to the Easton EMS Building Committee on May 12, reporting that shallow samples taken in historic fill at the former Lisi parcel (444 Sport Hill Road) showed exceedances for extractable total petroleum hydrocarbons (ETPH) and polycyclic aromatic hydrocarbons (PAHs), and that a deeper sample near the groundwater/smear zone had no detections. Buck told the committee the lab identified the ETPH pattern as consistent with motor oil and that additional shallow samples in four directions also showed PAH exceedances; he said the pattern appears consistent with historic fill rather than a current spill or gasoline plume from the Easton Village Store.

Because the samples were taken after Connecticut’s Release-Based Cleanup Regulations took effect March 1, 2026, Buck said the exceedances trigger obligations under the new regulatory framework. He outlined four potential regulatory/remediation pathways: (1) a Historically Impacted Material Permit-by-Rule or conditional exemption (preferred by Buck as the least costly approach, likely involving an affidavit of facts filed on the land records and closure documentation); (2) an Environmental Use Restriction or Notice of Activity and Use Limitation (likely costlier, may require industrial/commercial zoning); (3) development of site-specific alternative exposure assumptions (a risk-based approach that is uncertain and subject to DEEP acceptance); and (4) excavation and disposal of impacted historic fill (potentially removing zero to four feet in portions of the site; Buck offered a very preliminary rough estimate of at least approximately $60,000, subject to further analysis and disposal characterization).

Committee members discussed whether EMS use should be characterized as industrial/commercial given a potential live-in/dormitory component (dormitories are included in the residential-use definition), whether parcel configuration (444 vs. 448) affects regulatory options, and whether the well/water supply issue requires separate evaluation. The Fire Department indicated EMS may continue using the existing Fire Department well for now; Buck advised that continuing with the existing well is preferable environmentally because a new well on the EMS parcel would likely be downgradient from the impacted area and could create additional regulatory risk.

The committee authorized presenting the four regulatory options and supporting materials to Attorney Lee Hoffman for a legal opinion on the best path forward, with initial legal work capped at 10 hours; the motion was seconded and approved unanimously. The committee also directed staff to confirm parcel status, hold off on paving until legal and regulatory direction is clarified, and proceed with backfill only as needed for ambulance access and in a way that does not interfere with environmental requirements. The meeting adjourned following a listing of action items.