MINUTES
EXETER TOWN COUNCIL
SPECIAL MEETING
AUGUST 16, 2023
Town Council Member Diane B. Allen led Council and the Public in the Pledge of Allegiance.
The Special Meeting of the Exeter Town Council was called to order at 2:00 p.m., on Wednesday, August 16, 2023, in Council Chambers, Exeter Clerk’s Office, 675 Ten Rod Road, Exeter, Rhode Island.
Roll Call: Daniel W. Patterson Present
Michael A. Lefebvre Present
Diane Bampton-Allen Present
Olivia DeFrancesco Present
Calvin A. Ellis Present
Also Present: Lynn M. Hawkins, Town Clerk
Kenneth G. Findlay, Council Assistant
Dori Boardman, Emergency Management Director
A. PRESENTATION/BRIEFING BY THE DEPARTMENT OF HEALTH AND
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT: Representatives in attendance from the Department of Health (hereinafter “DOH”) were Amy Parmenter, Chief Administrator, Michael Byrnes, Principal Toxicologist, Catherine Feeney, Director, Environmental Health, and Neil Hytenin, Legislative Liaison; and from the Department of Environmental Management (hereinafter “DEM”) were Susan Forcier, Esq., Deputy Director, Bureau of Environmental Protection, Nick Noons, Land Revitalization, and Joe Haberek, Surface Water Protection.
Copies of a power point printout were provided to Council and the Public. PFAS is used
to make products waterproof or grease resistant, such as Stain Master. It can be found in household products, firefighting foams, industrial processes, and some food packaging; is emitted into the air and water sources, such as rivers and groundwater; is known as a forever chemical because it takes years to break down; builds up in the environment, humans, and animals; is not usually absorbed through the skin through showering or bathing; is found in drinking water, food grown in the ground, or animals that are fed products grown in the ground; and can cause negative health effects, such as lower immune response and heightened bad cholesterol levels. Water with PFAS greater than 70 parts per trillion (hereinafter “ppt”) should not be consumed and should be treated. Boiling water will increase PFAS levels. To minimize PFAS exposure, avoid grease resistant food packaging, such as microwave popcorn bags, some cosmetics, and waterproof clothing, such as Gore Tex. The State established an interim drinking water standard of 20 ppt. All community and non-transient, non-community public water systems were required to test by July 1, 2023. Systems that were found to have PFAS levels greater than 20 ppt were required to enter into a consent agreement, an action plan of treatment, with the RIDOH. Of the 168 systems tested out of 170 in the State, two public water systems in Exeter had PFAS greater than 70 ppt, Ladd Center (314 ppt) and Exeter Job Corps (198 ppt), and one, Carousel Industries, had less than 70 ppt but exceeded 20 ppt (55 ppt). The DOH’s next steps are to investigate the contamination sources, send letters to private well owners within one mile of wells exceeding 70 ppt and a quarter mile of wells exceeding 20 ppt but less than 70 ppt, recommending testing and how to, enter consent agreements, and monitor quarterly testing and treatment processes. Water tests should only be done by a certified lab and cost approximately $200.00. Refer to the DOH website for more information.
B. DISCUSSION WITH COUNCIL: The Ladd Center (hereinafter “Ladd”) tests routinely for bacteria, but will now be required to test quarterly for PFAS. Quonset Development Corporation (hereinafter “Quonset”) will have a role in addressing the water quality because it has an easement to operate, run, and own the water system at Ladd, which supplies the buildings there. In studies done in 2017 and 2019, Ladd exceeded 20 ppt but not by much. The cause of the spike to 314 ppt in just six years is not known and under investigation. Site specific factors are being considered, such as topography of the area and groundwater flow direction. There has been concern for years of contamination by Ladd and the Fire Academy (hereinafter “the Academy”). Firefighting foam was considered a miracle chemical when it was first developed
to fight petroleum fires. At the time, the potential problems of PFAS in the foam were unrealized. Though the Academy is not supposed to practice with foam per its permit, the nature of the chemical showing up in Ladd wells is indicative of firefighting foam. It is too early to say, but based on the limited information the DEM has, it seems probable that the source could be firefighting foam.
C. QUESTIONS AND ANSWERS:
Robert Fleischbein, Resident: He owns Slocumville Farm, which abuts Zinnia House. Last year, he spent $6000.00 on a new well. It cost $300.00 to have it tested, which did not include testing for PFAS. That would cost $1500.00. His neighbors on the State property get free drinking water. They do not pay taxes. Is the State going to test his well?
DEM: Funding through two grants is being pursued, but will be limited to testing public
water systems.
Paul McFadden, Resident: Mr. McFadden thanked the DEM and DOH for coming.
The results are causing a lot of anxiety and concern among the residents. How wide is the contamination? What testing will the residents have to do? Is there a timeline at DEM for contamination identification before the specific cause is identified? Was there an environmental impact study prior to the construction of the Academy? Is there a water containment system
at the Academy?
DEM: It is hard to say. To date, a lot of source investigation has been done throughout the
State when funding was available. There has been follow up to the 2017 and 2019 testing.
DEM is tasked under legislation passed last year to develop a Statewide Source Investigation Plan by November 1, 2023, and implemented by January 1, 2024. The Ladd and Carousel Industries (hereinafter “Carousel”) sources are not believed to be the same. If citizens test
their wells and have questions, they should contact the DOH. There have been environmental investigations pre-PFAS at the Ladd and Carousal sites for petroleum releases from underground storage tanks. In fire training areas, in fighting fuel or combustible fires, the systems were designed for separating oil from water, not for separating PFAS from water.
Susan Littlefield, Former Planning Board Member: When the Academy had its application before the Planning Board, the Planning Board was told that every single drop of whatever they use would be recovered.
Patricia Whitford, Resident: Ms. Whitford’s property is close to Ladd. Will the letters be sent to those within a mile from the wells and in all directions? Is the State going to help the residents with the cost of the test as it is State property that may be contaminating private wells? What will make PFAS dissipate? Is there something to put in the wells?
DOH: Yes, letters will be sent to those within a certain radius from the wells, to be determined.
Senator Reed’s Office is working to use some of the funding to help with private well tests.
Treatment or filtration systems that use granular activated carbon and that are certified by the National Sanitation Foundation are recommended for PFAS remediation.
Timothy Burke, Resident: Mr. Burke thanked the DOH and DEM for coming. He lives near Ladd. The ground water runs down to his property. His big concern is the Academy. When it
was built, it was said that they would not use foam, but they did not say they would not operate equipment that had foam in it. They have brought in equipment from elsewhere and have polluted the Town’s water. The contamination is going to devalue property values and make people sick. The State is largely responsible. It should step in and help the people of this
Town by testing their water and putting in filter systems and not rely on the people to bear
that burden when the Academy was forced on us to bring that poison in. The Town and State should stop any training at the Academy until this is resolved.
Asa Davis, Resident: Mr. Davis thanked DEM and DOH for this very helpful meeting. Well 2 at Ladd was found to have 314 ppt of PFAS this year and was below 70 ppt in 2017. Wells 2 and 3 at Ladd are not near the Academy site. They are southwest of it. Groundwater flows away from the Academy. If the contamination is coming from the Academy, then it is coming from the groundwater. Is there any testing of the groundwater to see if the problem is still happening or it is an older problem? The problem is probably starting as surface water, infiltrating, and heading southwest. Is the problem getting worse? How deep is it? If PFAS is in the aquifer, what is the dilution rate before it gets to private wells?
DEM: The only data points the State has in ground water are public wells 2 and 3. The wells are shallow, under 100 feet. PFAS generally moves with the flow of ground water. A release
of any chemical on the surface will infiltrate the ground, get to the ground water table, and follow the general flow of ground water. There could be ongoing releases. There may be
some source area that is constantly feeding the contamination in the aquifer. If it is a continuous release, it could exacerbate things. It is difficult to remediate PFAS in the ground. It is soluble and moves quickly in water flow. The State’s focus is finding the source and stopping it and looking at potential impacts and treating at the point of use. The State is investigating.
Dan Patterson, Council President: Will the DOH do the tests if the residents pick up the tests
or could the DOH provide the Town with 100 test kits to be returned to the DOH?
DOH: The DOH Lab Director will be consulted. It would be helpful if residents forward
their test results to the DOH.
Susan Littlefield, Resident: Ms. Littlefield thanked DOH and DEM for coming. Can the Academy be stopped? If it is the Academy, how long will it take to stop them from polluting? Can the Town be part of the discussions going forward? If contamination is found in her test,
will she know whether it is coming from Ladd or Carousel?
DEM: At this point, DEM does not have the authority to stop the Academy. It has to do
its investigation and implement its report by January 1, 2024. In 2024, a lot will have to
happen. It is difficult to say how long remediation will take. PFOA found in tests will likely come from Carousel. PFAS found in tests will likely come from Ladd.
Mike Lefebvre, Council Vice President: Can the Town or State ask the Academy to stop
until this is resolved?
DEM: In 2017, DEM’s Emergency Response Office asked fire chiefs and academies to stop using foam. DEM picked up the foam. It is believed that the Academy in Exeter never practiced with foam, so how did the contamination happen is the question.
Aliana Tucker, Resident: Ms. Tucker lives downstream of the wells. Since she heard about the contamination, she has been buying water to drink and cook with, but bathing in water from her well. She cannot continue to afford to buy water. Should she be bathing in the water? She cannot afford the test. This is something that she did not cause. Is there help available?
DEM: Governmental funding was first discussed to test public wells, but now the conversation
is expanding it include funding to test private wells.
DOH: The Town’s concerns will be taken back to DOH.
Dan Patterson, Council President: The State has to help sooner than later. The
State needs to find money in the budget to help the Town’s residents with testing.
Olivia DeFrancesco, Council Member: The State found funding to put giant quahogs
at the airport. It should find funding to help our residents test their wells.
Mr. Patterson left the meeting at 3:30 p.m. to attend a prior commitment.
Mr. Lefebvre took over as Chair and presided over the meeting.
William DePasquale, Town Planner: Mr. Pasquale commended the DOH, DEM, and the Department of Administration (hereinafter “DOA”) for coming together and including the
Town. DOA provided DOH with $100,000.00 to study Ladd. Mr. DePasquale is working
with the DOA to be sure that the uses going into Ladd are compatible with the Town. He
agreed with the water sampling protocol; however, it is difficult to implement. He suggested
that DOH do a tutorial on his website, provide information of credited PFAS testing facilities,
a Q&A section, and dropdown menus. If funding is provided, can a third party conduct the testing? While PFAS is soluble, will it stay soluble for a period of recharge for five or ten years?
Is it a today problem or was it a 2017 problem? Could it be that a five-year recharge is being pulled for that particular wellhead? Is Quonset to continue testing and provide a remedial action plan by January and be a point of service treatment, point of well treatment? Who will be consolidating all the information from private well tests? If the testing proves that it is the Academy, can a fund be established to help those whose wells affected with testing and remediation? If fines are instituted and deposited into a fund, can those be used for reimbursement. Will there be testing of the equipment used at the Academy or for cross contamination?
DEM: PFAS is very soluble. It binds to soils and leaches out. Some sights, inactive for thirty years, can have high levels. It can stay constant and is a slow degradation. There is discussion on the table to set up a fund for fines to be used for reimbursement to those affected. DEM can now go after the responsible party and possibly require them to do remediation. To date, the equipment at the Academy is not being tested. There have been studies and testing to determine if PFAS is left behind and of products to remove and clean.
DOH: Yes, and the consent agreement is to be finalized, but that does not mean that treatment will be in place. There is Federal funding and EPA grants available for treatment systems.
Quonset is looking at a treatment unit on each building at the point of entry, which can happen quicker and less expensively than a treatment system on the wells. DOH will share private well results with DEM. DOH’s Private Well Program will communicate with private well owners as to what they can do and potential next steps.
Dori Boardman, Emergency Management Director: She has many questions from residents.
Would DOH come again to talk to them?
DOH: Possibly. DOH is planning communication strategies.
Mr. Pasquale offered to serve as Council’s Point of Contact for the DOA, DOH, and DEM.
Council thanked DOH and DEM for coming, noting that this is the first time the
State has come to the Town to discuss an issue and work with it.
The representatives from the Departments of Health and Environmental Management
left the meeting at 3:49 p.m.
Mr. Lefebvre called for a five-minute recess and reconvened the meeting at 3:55 p.m.
MOTION made by Mr. Ellis to engage Karen Ellsworth for $120.00 per hour to assist in the reconstructing/amending of our Zoning regulations; seconded by Ms. DeFrancesco.
Discussion: Mr. Ellis read from Ms. Ellsworth’s letter of interest: “Because of the enormous scope of the task, it is impossible for me to estimate how many hours of work would be required. However, I can undertake this work at the same rate I receive in Richmond, $120.00 per hour, and I expect to be able to draw on much of my work for Richmond to prepare the Exeter amendments. I anticipate that most of this work will be text drafting, but I will meet with
the Exeter Planning Board as needed to discuss policy issues and answer questions.” Council has a memo from Town Planner Bill DePasquale outlining his appreciation and support for Attorney Ellsworth’s assistance.
Back to the Motion: Voted unanimously in the affirmative.
There were no Other Administrative
Issues.
MOTION made by Mr. Ellis to adjourn the meeting; seconded by Ms. DeFrancesco;
and voted unanimously in the affirmative.
The Special Meeting was adjourned at 4:08 p.m.
Respectfully submitted,
Lynn M. Hawkins, CMC
Exeter Town Clerk
Approved: September 5, 2023