TIVERTON -- The soil beneath Lepes Road will be tested to determine if it has contaminants that exceed state standards, the Town Council decided on Monday night.
The state Department of Environmental Management requested last month that the town test the road to determine, once and for all, if it should be included in the moratorium on digging and excavation that was enacted in August for North Tiverton.
The boundaries for the moratorium stretch from State Avenue to Lepes Road and from Church Street to the Sakonnet River. It covers about 123 properties.
The perimeter may be reduced if the results are negative, said some council members. A few residents requested immediately changing the south moratorium border from Lepes Road to Judson Street, which has been tested and is contaminated, town tests show.
The residents say they are having trouble refinancing and selling their homes because of the stigma of being within the moratorium area.
Councilman Donald Bollin said the test results could cause the council to change the moratorium borders.
If it's positive for contaminants, does the council then extend the border farther south to Kaufman Road, which is the next street over? Does Kaufman then get tested?
And if it's negative, what about the 20 acres of undeveloped land between Judson and Lepes? Should it be tested and then the border be placed in the middle of that property?
"I feel for the people on Bay and Judson," a Lepes Road homeowner said. "But you're [the council] not talking about us. You're not even testing us. You put this [moratorium border] on our road."
Gail Corvello, the president of the neighborhood group ENACT, said she has letters from 11 of 16 residents on Lepes Road requesting testing on their properties. Yet, the council said it does not test private properties.
Council president Claudia Linhares told ENACT to discuss it with the DEM and Southern Union, the parent company of New England Gas, which has been ordered by DEM to test several private properties in the area. Lepes Road homes were not included during that round of testing.
Fall River Gas Co., which Southern Union bought, may have used the area as a dumping spot for hazardous waste from its coal gasification plant, said the DEM in March. Soil contamination was first discovered in August 2002.
Recent reports from the gas company show that almost 60 percent of the 68 properties tested by its environmental firm did not need further testing or remediation.
The gas company's "clearance, I think, does not pass water with any of us," Councilwoman Louise Durfee said. "Let's face it, Southern Union is looking out for their pockets."
The council voted unanimously to test beneath Lepes Road. It is unclear how much it will cost the town. EA Engineering expects to have results in about four weeks.
The council also decided to re-test the town-owned Bay View playground on Hooper Street. Arsenic far above state standards was discovered in the soil during previous tests. However the state Department of Health and EA Engineering have said the area is safe for visitors and children to play.
Residents and ENACT say the testing was inadequate. Eighteen sites within the playground were tested -- 10 at surface depths, 0 to 2 feet; and 8 at subsurface depths.
Arsenic exceeded the state DEM standards at all 10 surface-depth sites. In one site, the arsenic level was found to be six times more than the acceptable standard. Some sites also contained beryllium, lead and other potential carcinogens above the standard.
EA Engineering will re-test the eight sites that were only tested at subsurface depths. It will take samples from surface levels, which ENACT says is the most important soil since it's in direct exposure with the kids playing.
"That's where the dogs dig and what the kids play on," Corvello said. "And that's what should be tested."
It will cost the town about $5,500, said Corvello, who said she had an estimate from EA Engineering. The council agreed unanimously, stating it was a "logical next step."
Alisha Pina can be reached by phone at (401) 253-1200 or by e-mail at apinaATprojo.com.
