Newhall Remedy Selection Plan Details

The DEP Remedy Selection Plan addresses conditions on privately owned properties – mostly residential – by calling for:

• Removing waste fill to a depth of four feet on 226 properties  
• Further evaluation of 22 properties to confirm whether waste fill is present
• No remediation needed at 55 properties where testing has shown there is no waste fill present

The plan states that excavated waste fill will be properly disposed of off-site and that properties will be backfilled with clean soil and restored.  Examples of restoration activities include replacement of lawns, driveways, patios and landscaping disturbed by the excavation.

The plan also addresses public properties located within the Newhall Street Neighborhood by calling for placement of permanent “caps” to isolate waste fill that will remain on the grounds of: 

• The former Hamden Middle School
• Mill Rock Park
• Rochford Field

Local Design District

The DEP’s plan avoids the need to record ELURs on the individual land records of approximately 135 private properties where waste fill would remain at depths greater than four feet – as was called for in the agency’s draft plan. 
As an alternative, the plan says the Town of Hamden has committed to pursue the creation of a “Local Design District.”

• The district would include all properties in the section of the Newhall Street Neighborhood defined in a 2003 Consent Order (CO) and an adjacent area just to the west. 
• The district will ensure that DEP’s environmental objectives are achieved while allowing flexibility for the future use, development and enjoyment of residential properties. 
• A Planning & Zoning Commission amendment to the Town’s zoning regulations is needed to create this district. (back to top)

Building Permit Requirement for Deep Excavation

Within the “Local Design District,” property owners would need to meet an additional requirement for a building permit from the Town if they proposed to dig to depths greater than four feet.  Projects such as an addition to a home or installation of an in-ground swimming pool require this type of excavation and need a building permit even now.  It is not necessary to dig to this depth – or obtain a building permit - for routine activities such as planting a tree, gardening or installing a fence.   

• There would be no new building permit requirement for properties where waste fill was present only up to four feet deep and is expected to be completely removed in the remediation process (91 properties).
• On properties where waste fill is expected to remain at depths greater than four feet (135), the new building permit requirement would ensure proper management of this material – if any is encountered during deep excavation. (back to top)

Soil Management Fund

The DEP plan calls for establishment of a Soil Management Fund to cover the extra costs associated with properly managing waste fill excavated from depths greater than four feet on private properties.

• The fund will be created after the completion of remedial activities with the Newhall Street Neighborhood.
• DEP and Olin Corporation – one of the responsible parties - will each contribute $1 million for the Soil Management Fund.
• The Town of Hamden will administer the fund. (back to top)

Other Details

The DEP’s plan also says:

• The Town of Hamden has indicated it will consider a “limited” tax reduction for properties located within the “Local Design District.”  
• There will be no placement of additional waste fill at either the former Hamden Middle School or the two parks in the Newhall Street Neighborhood.
• All waste fill excavated from private properties will be removed by a properly certified operator and taken to a facility authorized to handle this material. 
• A detailed Health and Safety Plan will set requirements for the excavation and removal of waste fill to minimize dust, odors, noise and any health risks to residents. (back to top)

Homes Outside Consent Order Boundary

The plan also notes that DEP is recommending remediation to the owners of some residential properties outside the Consent Order area.  These properties are located to the south and west of the CO boundary.  DEP sampling has shown the presence of some waste fill materials mixed with soil on these properties – though not as extensive as the waste fill within the CO.  Remediation would be similar to steps that would be taken on private properties within the CO area. (back to top)

Funding for the Cleanup

Funding for the state’s share of the cost of the project must also be approved by the General Assembly and then authorized by the state Bond Commission.  Under the CO, Olin is responsible for conducting cleanup activities on private properties in the Newhall Street Neighborhood and will be reimbursed by the state of Connecticut for half of the remedial costs.  The Town of Hamden is responsible for conducting cleanup – which will involve placing “caps” – on Rochford Field and Mill Rock Park.  The Regional Water Authority (RWA) is responsible for conducting cleanup – which will also involve a “cap” – at the former Hamden Middle School.

The DEP and the town of Hamden are also working to secure state funds which can be used for the repair or purchase – at fair market value – of homes that are determined to have extensive and severe structural damage as a result of being built on waste fill. 

The DEP and the town will also seek funding for the town’s cost for “capping” the two parks in the project area. (back to top)

Next Steps

The DEP plan outlines a process for completing the preparations needed to begin the cleanup of the Newhall Street Neighborhood. 

• Olin is responsible for developing – and submitting to DEP for approval – general plans and property specific plans for remediation to be conducted on private property.  The company will obtain all necessary permits for this remedial work.  Olin will meet with property owners to develop restoration plans and review constriction procedures.
• DEP will approve a schedule and plans for the “capping” of the former Hamden Middle School, Rochford Field and Mill Rock Park. (back to top)

Future of the Neighborhood

The Town of Hamden is conducting a process to study reuse options for the site of the former Hamden Middle School and has initiated a similar study for the overall Newhall Street Neighborhood area.

In addition, DEP has expressed its willingness to work with all Responsible Parties and all stakeholders to have the cleanup project serve as a catalyst for neighborhood improvements. 

Documents:

• Remedy Selection Plan
• Response to Comments

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