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 

ecoRI: Court Extends Restraining Order on Construction of Burrillville Artificial Turf Field

 
Court Extends Restraining Order on Construction of Burrillville Artificial Turf Field

              By Colleen Cronin / ecoRI News staff        October 17, 2024        

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

ecoRI: Lawsuit Delays Installation of Artificial Turf Field in Burrillville

ecoRI: Lawsuit Delays Installation of Artificial Turf Field in Burrillville

By Colleen Cronin / ecoRI News staff
October 10, 2024

BURRILLVILLE, R.I. — Town officials have paused the installation of an artificial turf field at the high school following legal action from a local resident.

Roberta Lacey, a member of the town’s Conservation Commission and staunch opponent of the synthetic field, filed a complaint in Providence County Superior Court last month asking the court to stop the project, arguing it will contaminate local drinking water sources with per- and polyfluoroalkyl substances (PFAS).

Known as forever chemicals, PFAS are a group of substances found in a slew of products, including food packaging and firefighting foam, and they have been linked to a variety of health problems.

The lawsuit also argues that testing done on the turf materials to determine their safety wasn’t adequate, and because of the presence of PFAS in the materials, two of which the Environmental Protection Agency has designated as hazardous materials, and its proximity to the aquifer, permits for the project should have gone through the town’s Zoning Board of Review.

Town Council President Donald Fox told ecoRI News the suit’s complaints were baseless and that he was frustrated to see taxpayer money spent on defending the field.

Fox pointed to testing and an assessment by engineering firm TRC, paid for by the town, which he said showed the field would not pose a threat to local drinking water.

“Based on evaluations performed to date, it has been demonstrated that the detection of very low levels of a very limited number of PFAS in the artificial turf does not represent a human health risk to those using the artificial turf ballfields and it does not pose a risk to the environment, the groundwater, the surface water, and the aquifer,” TRC wrote in a report from August posted on the town’s website.

“We’re disappointed to see this short delay,” Fox said. “We’ll have our ability to make our case.”

Lacey declined to comment because of the ongoing litigation.

Adam Schatz, a member of the Conservation Commission who has spoken up against the project, said he hopes the judge will listen to the complaint and “move forward in a different direction.”

“It doesn’t make a lot of sense from, you know, a long-term standpoint, and obviously the environmental impacts are significant as well,” Schatz said.

He referred to a law passed in the last legislative session that will ban artificial turf fields in Rhode Island that knowingly contain PFAS in 2027.

A letter from the Rhode Island Department of Environmental Management and Department of Health to the town warned officials that any maintenance or replacement of the field after that date would be subject to that law.

The letter also noted that the town would be responsible for remediation of drinking water sources contaminated by the field, and included information about potential PFAS contamination in North Smithfield caused by an artificial turf field there.

The next hearing about the case is scheduled for Oct. 15.

SOURCE: https://ecori.org/lawsuit-delays-installation-of-artificial-turf-field-in-burrillville/ 

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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