Closing The Fairfield Hills Deal Depends Now On The DEP

By Jan Howard

A closing date for purchase of the Fairfield Hills campus, possibly at the end of the month, depends on whether the state Department of Environmental Protection (DEP) has completed its review and agrees with the town’s remedial action plan for outstanding environmental issues at the site.

“It’s taking time,” First Selectman Herb Rosenthal said this week.

The sale of the property is contingent upon the approval of the remedial action plan and receipt of a covenant not to sue from the state, and review of the documents by the town’s environmental lawyers and consultant.

In December, the town exercised its automatic option under terms of its contract with the state to extend the closing date for purchase of the Fairfield Hills campus for 60 days.

That decision came about after discussion with the town’s environmental consultant, Russell Bartley Associates, because the DEP had not completed its review of the remedial action plan for environmental issues.

There have been differing opinions between the town’s lawyers, consultant, and the DEP, Mr Rosenthal said. However, he added, “I think we’ve settled on something.”

The town is also pursuing environmental insurance for unforeseen problems and claims from third parties in the future.

“The big issue is pesticides around the buildings,” Mr Rosenthal said. “We have to get rid of those soils.” In addition, he said, groundwater may also need to be treated.

Remediation to remove those pesticides is “pretty expensive,” Mr Rosenthal said, but is covered by funds included in the $21.8 million bonding package that was approved for purchase of the property in June 2001.

However, he noted, the cost of the remediation is more than anticipated, which brought about negotiations that resulted in the state granting five houses on Mile Hill Road South to the town. The funds from the future sale of those houses will help mitigate the costs of the environmental remediation, he said.

In regard to the fuel spill at Canaan House, state officials have assured the town that cleanup of the site is the responsibility of the state.

Mr Rosenthal said that while he has not seen any remedial plan in writing, the town’s environmental consultant has been monitoring the cleanup on behalf of the town.

“He’s satisfied with what they are doing,” Mr Rosenthal said.

While most of the work is completed, he said, there would be ongoing monitoring of the site by the state. Paving of the parking lot would take place in the spring.

Mr Rosenthal signed the contract for the purchase of the 189-acre campus on October 20 after which the contract was sent with a check for $390,000, ten percent of the purchase price of $3.9 million, to the Treasurer of the State of Connecticut. The remainder of the purchase price is due at the time of the closing.