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NRI NOW: Town files counterclaim in Burrillville turf field suit

NRI NOW: Town files counterclaim in Burrillville turf field suit

By Sandy Hall 

December 5, 2024

BURRILLVILLE – Saying that the lawsuit regarding installation of a synthetic turf field at Burrillville High School is based on speculative and unsubstantiated fears, the town has filed a counterclaim against resident Roberta Lacey requesting compensation for damages.

The counterclaim, filed on Friday, Nov. 15, states that Lacey and the Burrillville Land Trust civilly conspired to interfere with the contractual relationship between the town of Burrillville and FieldTurf USA, Inc.

The legal move comes in reaction to a lawsuit filed by Lacey in Rhode Island Superior Court in September charging that the field contains chemicals that have the potential to contaminate the town water supply and that the project should have required Zoning Board approval.

The turf, the final piece to a larger effort to upgrade school athletic facilities that included lighting, an ADA-accessible viewing plaza, a six-foot-wide walking path and a 1,000-seat grandstand, was set for installation prior to the suit, which has focused on concerns about PFAS, or per- and polyfluoroalkyl substances, known as “forever chemicals, and the field’s location over an aquifer.

Testing ordered by the town has shown only trace chemicals in the proposed field materials, and concluded the installation poses no threat to human health. But Lacey and other opponents have questioned the adequacy of testing methods, and laid out concerns and objections ultimately leading to the litigation, filed by Attorneys Michelle Hawes and Marisa Desautel of Desautel Browning Law.

A temporary restraining order halted installation scheduled for October, and was later extended pending hearing of the case.

The Burrillville Land Trust is among local groups that have expressed opposition to the project, and the organization has helped with efforts to raise funds for the ongoing litigation.

Represented by Attorney Anthony DeSisto and Town Solicitor William Dimitri, town officials note in the counterclaim that Lacey did not file her lawsuit until after construction of the field had begun, and that the “belated,” litigation “harms Burrillville taxpayers by delaying the completion of the project.”

The suit specifically cites two articles published on NRI NOW in advance of the contract with FieldTurf to design, manufacture, and build the field, one on July 29, 2022 regarding formation of a committee to spearhead the project and a second on January 3, 2023 about the council’s decision to commit up to $5 million on the project.

“Lacey has intentionally interfered with the contract between the Town and FieldTurf, USA, Inc.,” the claim states. “The town should be compensated for the damages that it has sustained as a result of this tortious interference.”

The town states the suit has lead to increased costs for storage of the materials to be used for the field and for other construction costs for the project.

“Lacey’s lawsuit is based on speculative and unsubstantiated fears, not evidence,” it states.

Hearings in the case are ongoing with Associate Justice Melissa Darigan currently set to hear the arguments regarding a preliminary injunction on Tuesday, Dec. 10 and Wednesday, Dec. 11.

SOURCE: https://www.nrinow.news/2024/12/05/town-files-counterclaim-in-burrillville-turf-field-suit/

ecoRI: Burrillville Back in Court, Files Countersuit Over Artificial Turf Field Dispute

Burrillville Back in Court, Files Countersuit Over Artificial Turf Field Dispute
By Colleen Cronin / ecoRI News staff
December 3, 2024

Letter to Town of Burrillville: Save The Bay opposes Synthetic Turf Project

  

December 3, 2024 

Burrillville Town Council 

Attn: Donald A. Fox, President 

105 Harrisville Main St. 

Harrisville, RI 02830 

Re: Synthetic Turf Athletics Field at Burrillville High School 

Dear Mr. Fox,

Save The Bay has recently become aware of the Town of Burrillville’s proposed installation of synthetic turf fields adjacent to the Clear River and within a drinking water supply aquifer. The health of Narragansett Bay is heavily influenced by water quality, habitat conditions and land use changes in the Bay’s 1,705 square mile bi-state watershed. As a result, in order to advance our mission to “protect and improve Narragansett Bay” Save The Bay focuses on reservoirs, lakes, rivers and streams in the watershed that flow directly to Narragansett Bay. Impacts to water quality are expected to continue into the foreseeable future and pose a profound threat to the ecological health of Narragansett Bay. Unnecessary and avoidable impacts to rivers, streams, and wetlands should not be permitted. The Clear River, is a major tributary to the Blackstone River. The Blackstone is a significant source of freshwater to Narragansett Bay, and one of the major sub watersheds of the larger Narragansett Bay region. 

Save The Bay is writing in solidarity with the Burrillville Land Trust, Blackstone River Watershed Council / Friends of the Blackstone, and the Burrillville Conservation Commission in opposition to the Town Council’s recent decision to install a synthetic turf playing field at the Burrillville High School. While we appreciate the Town Council's commitment to improving recreational facilities in the community, we have significant concerns about the potential environmental and health impacts of synthetic turf. As state officials warned the Town of Burrillville in August, 2024, studies have confirmed the existence of per- and polyfluorinated alkyl substances (PFAS) in artificial turf.  

In your responses to the above organizations’ letters of opposition to the turf field installation, the Town Council repeatedly asserts that the town “has demonstrated that the specific products they will be using contain negligible PFAS and are not of concern to human health or the environment.” Water with PFAS levels greater than 20 ppt is above Rhode Island’s state standard. On April 10, 2024, EPA announced Maximum Contaminant Levels (MCLs) for the final National Primary Drinking Water Regulation (NPDWR) for six PFAS compounds. EPA sets the minimum testing MCL that is enforceable for PFOS and PFOA (components of PFAS) at 4 ppt, but the health-based, non-enforceable Maximum Contaminant Level Goals (MCLGs) for these PFAS is zero. Therefore, even “negligible” levels of PFAS pose a serious threat to drinking water supplies and the environment.

Save the Bay agrees with the assessment provided to the Town by Rhode Island’s Department of Health and Rhode Island’s Department of Environmental Management that cautioned the town against installation of a synthetic turf field. Sampling data in North Smithfield shows a direct correlation between the contamination of drinking water supplies and the installation of the replacement turf field at the North Smithfield High School in 2021. PFAS contamination levels in drinking water doubled, posing a serious threat to public health and the environment. Indeed, as Rhode Island’s Department of Health and Rhode Island’s Department of Environmental Management letter warned the Town of Burrillville, artificial turf labeled as “PFAS-free” have been tested to show PFAS contamination.

The proposed installation of the synthetic turf fields uses materials that pose a risk to Burrillville’s water resources. In addition to the presence of known and regulated PFAS compounds, there is still so much we do not know about additional PFAS chemicals that are also present and the extent of impact their presence may carry. The drinking water contamination in the neighboring town of North Smithfield provides a cautionary tale, with identified risks to public health. Burrillville’s determination to proceed against such well documented risks threatens the integrity of drinking water and the environment. Although the Town Council repeatedly asserts that the artificial field contains “negligible” PFAS, it is proven that even “negligible” levels of PFAS pose a serious threat to drinking water supplies and the environment. For these reasons, Save The Bay is opposed to the Town of Burrillville’s proposed installation of the synthetic turf fields.

We look forward to your response and hope for an opportunity to discuss this matter further.

Sincerely, 

Jed Thorp 

Director of Advocacy, Save The Bay 

jthorp@savebay.org 

cc: 

    Paul Roselli, President Burrillville Land Trust 

    John Marsland, President Blackstone River Watershed Council/Friends of the Blackstone 

    Ronald Lapierre, Chairperson Burrillville Conservation Commission 

    Michael Wood, Burrillville Town Manager 

    Dr. Michael Sollitto, Superintendent of Schools 

    Jeffrey M. McCormick, P.E., Director of Public Works 

    Terrence Gray, P.E., Director RI Department of Environmental Management 

    Jerome Larkin, MD, Director RI Department of Health 

UPDATE: Temporary Restraining Order extended through 11/25/24

Rhode Island Superior Court 

After a meeting on the preliminary injunction today October 15th at 11 AM; The temporary restraining order has been extended to a hearing on November 25th & 26th with Judge Darigan.

“The restraining order remains in place until a full hearing on November 25 and 26. 

This case is entering a new phase where public servants are being held to a standard of listening to the residents of Burrillville. There is no room to ignore scientifically supported evidence of harm to future generations. We now have an even playing field. 

Municipalities cannot circumvent their own comprehensive plan or permitting process. Any other developer would have to go through a public zoning and permitting process. Burrillville is not exempt.

Artificial turf fields are not safe. 

The case requires time and consideration, as evidenced by the Court’s scheduling of future hearings on the merits.”

                                                        ~ Desautel Browning Law

Burrillville School Committee will discuss banning the use of the new artificial turf

Burrillville Town Council

105 Harrisville Main Street

Harrisville, RI. 02830

July 10, 2024

Good Evening,

Regarding the new athletic field in construction at the Burrillville High School, the Burrillville School Committee has major concerns. Our concerns are with the "forever chemicals", particularly polyfluoroalkyl substances (PAS) in the artificial turf soon to be installed within the next 2 to 3 weeks!

These are our concerns:

• The immediate danger is to the health of athletes and kids who will use this field. These children, as they play on this field will inhale these microplastics, wear them on their equipment and clothing and carry them into their homes to expose the rest of their families.

According to the Environmental Protection Agency (EPA), these PAS have affected children's development and contributed to learning and behavior disorders. They have been connected to some cancers, lower immune function, thyroid problems, reproductive issues, and liver disease.

Knowing all this information, the Burrillville School Committee will discuss banning the use of the new artificial turf, and considering the urgency of this matter, legal council will be contacted. It is up to us to protect our children and that means not allowing them to play on this field.

• The longer term danger is that these poisonous chemicals will be installed over our last remaining clean water source for our town! As you know, our town has experienced permanent drinking water contamination in the western and eastern parts of our town. As water leaches off this artificial turf carpet, it will permanently contaminate the aquifer under it. Where will we get our water then? This contamination will also affect the rivers wetlands and waterways, especially those directly below this field. Protecting our water is a huge concern! The Town Council has already received letters that express serious concerns over the installation of the PFAS loaded artificial turf, in particular the Pascoag Utility District, which will soon be responsible for all of the municipal drinking water in Burrillville. they have a major stake in keeping our water safe!

• As of January 1, 2029, the State of Rhode Island will effectively ban the use, sale of, or distribution of artificial turf containing intentionally added PFAS. When these PFAS are banned, it will be illegal to replace the field. This means the Town's warranty is null and void. As of now, there is no alternate product to use that does not contain PFAS. How can we dispose of the used turf so as not to contaminate the environment? Will we have a guarantee from the company supplying the turf that in the future, the replacement turf is PFAS free? Clearly the trend is to move away from their use in any case, so our focus is on the injuries that are clearly associated with artificial turf and the impact related to the budget.

• The School. Committee needs a copy of the contract regarding the artificial turf. Does the Town's contract with the company include a warranty?

• What would a shift to a grass-covered field include, regarding materials and price? Was the loam that was removed part of the bargained agreement? We will need to reacquire it. Spend the money to complete a new field properly that is durable and safe. Do not use a rushed, cheap y option, full of buyers remorse!

Please give our concerns your utmost attention.

We look forward to discussing this matter with you in the very near future.

Pascoag Utility District: The project should be reexamined

July 3, 2024

President Donald A. Fox

Town Manager Michael C. Wood

DPW Director Jeffrey McCormick

Town of Burrillville

105 Harrisville Main St.

Harrisville, RI 02830

Re: Turf Project at Burrillville High School

Dear Gentlemen:

During the Pascoag Utility District's ("PUD") June Board meeting, a concerned citizen notified the Board that there may be a potential threat of Per- and polyfluoroakyl substances (PFAS) contained in the material of the synthetic turf that is scheduled to be used for the football field project at the Burrillville High School. As you know, PUD water consumers have already suffered through Rhode Island's worst Methyl tert-butyl ether (MTBE) release in history, back in 2001, which single handedly eliminated our only drinking water source for the residents of Pascoag.

The Town of Burrillville has always been proactive regarding important issues concerning the Town. In fact, on page 32 and listed as number three in the Town's Burrillville Hazard Mitigation Plan dated July 2021, aquifer contamination was added. If you refer to page 33 of that plan and the 2014 risk assessment, aquifer contamination was not even a concern at the time. This topic was brought to light, after I mentioned what had happened to our only water source in the Pascoag and Oakland Villages. Both Villages' wells were contaminated and taken out of service. The Pascoag wells that are located at 44 Silver Lake Avenue are contaminated with MTBE and the Oakland Association well located at 1264 Victory Highway, were contaminated with PFAS. Both well sites remain closed. Thankfully, our neighbors from Harrisville were able to provide both Villages with potable water so our customers' water service was not interrupted.

l am happy to report that the merger between the Pascoag Utility District and Harrisville Fire District Water Department passed both the House and Senate and was signed by the Governor on June 17, 2024, creating Clear River Electric and Water District effective January 1, 2025. Harrisville Water District is currently the sole water source provider for three Villages within the Town of Burrillville.

Based on our experience, we have some concerns regarding the possibility of trace amounts of PFAS chemicals found in the turf field product. To protect our customers, we are respectfully requesting that the Town review all precautions prior to installing the synthetic turf at the high school.

Since three Villages within the Town are relying on Harrisville as Its sole water supplier, it is Imperative that the Town and local water utilities work together to protect our aquifer for current and future generations. If there is even a chance that any contaminant could infiltrate the water supply, the project should be reexamined.

Very truly yours;

William J. Guertin

General Manager