Lee — With a seemingly constant stream of documentation proliferated by General Electric and/or the Environmental Protection Agency relevant to the Housatonic Rest of River remediation plan, Lee is forming a PCB (polychlorinated biphenyl) Advisory Committee to assist town leaders in the many complex decisions that lie before them as the project unfolds.
The committee’s stated mission “would be to advise the Select Board and the town administrator on decisions related to the PCB dredging, transport, monitoring, storage, and disposal,” Board Chair Robert “Bob” Jones announced at the February 6 meeting.
The remediation plan for the Housatonic Rest of River—from the confluence of the east and west branches of the waterway in Pittsfield down to Connecticut—was put in place with a 2020 permit following years of GE’s depositing the now-banned PCBs into the stream. The permit—signed by then-representatives of Great Barrington, Lee, Lenox, Sheffield, and Stockbridge, as well as representatives from GE and the EPA—stipulates that the most toxic materials will be carried out of the area while the less contaminated sediment will be taken to a to-be-constructed Upland Disposal Facility (UDF) in Lee.
Committee members may also provide input as to the town’s use of its GE settlement funds and will work with Lee’s environmental consultant to develop testing and monitoring procedures and review permit comments in conjunction with the remediation plan. Jones said the group would be comprised of five Select Board-appointed members with expertise in the fields of science and engineering, specifically environmental science, geology, or chemistry; law; public health; and finance. A member at large will also be included in the group. Although the proposal was made to limit the committee’s size, meeting attendees suggested adding individuals knowledgeable about complex ecosystems, industrial chemistry, and communications or public relations.
“I think this is great,” member Sean Regnier said. “This is definitely a step that we should work towards.”
The board is seeking public interest and feedback on the new committee before its next meeting scheduled for February 20. Although committee members are not required to be residents of the town of Lee, the Select Board discussed that it would look to community response to determine possible amendments to its formation, including the lack of a residency requirement, limit of five members, and type of specialists seated. The meetings will be open to the public for comment, but only members will retain voting rights.
Lee resident Robert Heinzman said everything he has seen about the UDF indicates the structure will go forward in town, with representatives needing “to police” all efforts surrounding the facility. “I don’t see doing that unless we have a group of people that are dedicated and have the expertise to ask questions,” he said.
Gail Ceresia, also of Lee, disagreed with Heinzman and said GE hasn’t yet met all the standards required of the company in the 2020 agreement. “We really should wait before we throw in the towel,” she said of the town’s longtime fight against harboring the UDF within its limits.
At the meeting, Joshua Bloom, Lee’s representative to the Citizens Coordinating Council, reported that the December 20 Quality of Life Compliance Plan is premised on the use of trucking to transport PCB-laden materials. During the January 24 quarterly CCC meeting, EPA officials said the agency is requiring GE to revise its transportation plan by investigating the use of rail as a transport method. Therefore, the Quality of Life Compliance Plan, without considering the potential implications of rail transport, is “questionable and must be rewritten,” Bloom said. The plan also “crucially” lacks a review of the impact of the remediation project on tourism and business in the area and is void of input from hospitality industry leaders in the Berkshires, he said. Bloom said he made the Lee Chamber of Commerce aware of this issue and urged other local chambers of commerce and business stakeholders to review and respond to the document. Comments and public input on this plan are due March 29 and should be sent to R1Housatonic@epa.gov.
Although the Quality of Life Compliance Plan discusses GE’s requirement to provide post-remediation enhancement of recreation along and in the waterway, Bloom said the document cites boating, fishing, walking, and biking activities but doesn’t address the impact of remediation on municipal parks and playgrounds along the river. “Since the town of Lee is in discussions about creating a riverwalk, bike path, and that being expanded, I would advise the town to be in conversation with the EPA/GE to find out if GE has any financial responsibility towards that project that the town is planning,” he said.
Bloom also reported a discrepancy stated at the meeting by an expert regarding the safety of the air quality standards stated in the plan. He said he noticed the absence of health recommendations in the plan and also informed Select Board members regarding an EPA attorney’s statement at the CCC meeting that the agency doesn’t have to follow local regulations, such as noise or light, in a remediation project.
With the UDF design submission due this month, Town Administrator Christopher Brittain said three options are available for the UDF tract once remediation is complete and the site is capped: plant grass, create a recreation project, or provide a pollinator habitat, with Brittain recommending the last option.
At the meeting, the Select Board:
- Approved extending a muzzle order for a dog that allegedly attacked other dogs. The board agreed that the muzzle order will remain in place until the owner requests the order be released and can show proof of training and that the dog is no longer a danger to other dogs and children. The board recognized that the town has a leash law and required the dog owner to show proof of licensing with the town within 14 days as the dog was not currently licensed;
- Approved the town’s opting out of the state vote by mail program for the November election, with residents still able to vote by mail for the election if they request a vote by mail form from the town clerk, who is the local election official;
- Approved amending a license for Eurovia Atlantic Coast LLC d/b/a Northeast Paving at 1 Willow Hill Road to store flammables by installing a new 30,000-gallon tank while removing a 20,000-gallon tank;
- Approved a temporary sign permit for Greylock Federal Credit Union;
- Discussed the town’s being featured in a national 50-in-50 Mural art project, with nominal cost to Lee;
- Reminded residents of the February 28 deadline for submitting applications for road tolls, or bucket collections on Main Street, with the schedule to be announced March 4 for seven available spots; and
- Agreed to consider the site for an additional bus stop at the next meeting following a discussion of options including Main Street, in front of the Airoldi Building, or Walgreens’ parking lot.
