TIVERTON -- New England Gas Co., which has been investigating scores of North Tiverton properties for suspected soil contamination, will do similar soil tests on several properties across the state line in Fall River.
The soil sampling is expected to begin Feb. 28 on properties in the vicinity of State Avenue. The move results from a notice of responsibility the Massachusetts Department of Environmental Protection issued to the gas company last year.
All told, sampling will be done on seven Fall River properties, four municipally owned and three residential. One of them is Fall River's wastewater treatment plant. One of the private property owners has not yet given the company permission to go onto the property, said Christopher Medici, spokesman for New England Gas.
Meanwhile, 28 current and former North Tiverton residents have signed onto a lawsuit against New England Gas that asserts, among other things, that the contamination concerns have severely eroded property values.
New England Gas's parent company, Southern Union, acquired the former Fall River Gas Co. several years ago. Fall River Gas is suspected of dumping waste decades ago from its coal gasification plant as fill on properties within Tiverton's Bay Street neighborhood. The Rhode Island Department of Environmental Management, in a 2003 letter of responsibility, found that New England Gas should take on responsibility for the Tiverton site investigation.
Now the Massachusetts Department of Environmental Protection wants the gas company to "assess the presence of any contamination in Massachusetts based on what they find in Rhode Island," said Ed Coletta, spokesman for the Massachusetts DEP. He said the notice of responsibility was issued last summer.
The 22-page lawsuit, signed by the plaintiffs' lawyer, Brian Cunha, who has offices in both states, asserts that the gas company was negligent and "the negligence was a direct and proximate cause of injuries to plaintiffs' properties and economic interests and creating an increased risk of personal harm to plaintiffs."
Cunha said yesterday that he expects more people to join the suit and said another suit may be coming through a Boston lawyer. Cunha estimated there could be as many as 60 plaintiffs when all is said and done.
"The biggest investment that most Americans have is their house, let's face it," Cunha said, referring to the alleged impact on property values.
The suit does not as yet seek specific damages. Cunha estimated it could be two years before the matter came to trial, if it is not settled first. The plaintiffs include people who live or used to live on Hilton, Kempton, Judson, Hooper, Canonicus and Last streets, and Lepes Road.
The complaint further states the byproducts of coal's propensity to contaminate soil are "so menacing" that the gas company "knew or should have known" that putting the coal byproducts in soil without proper storage would "pose a significant threat" to the properties.
The plaintiffs also claim the gas company had a duty to "warn or notify plaintiffs of the potential hazards of exposure to toxic and hazardous substances."
Medici, the gas company spokesman, said the company had no comment on the suit. He said contractor ENSR International, which he described as highly respected and experienced in Massachusetts, will do the work on the Fall River properties.
"They developed a work plan, which was submitted to [the Massachusetts DEP]. It has since been reviewed and approved by the state DEP and so it has permission to move forward," Medici said. He added that the gas company has worked with Fall River and the property owners to come up with the terms of an agreement to access their lands.
Medici said the goal on the Fall River properties is to collect soil samples, gather and analyze information on the nature of the soil conditions. "Then all of the parties involved in the process will have a better idea of what issues, if any, exist on those properties," he said.
In Tiverton, New England Gas's consultant initially tested in 2003 some 74 properties in the Bay Street neighborhood. The gas company last year began second round of tests on those properties as well as testing on 16 additional properties.
So far, Medici said, 61 of the 74 properties have granted access to the gas company's consultant. Testing is complete on 36 of them, he said.
Of the 16 additional properties, he said, 13 have granted access, and investigation has been completed on 12.
Medici said results from the completed properties have been given to property owners and the Department of Environmental Management. He said the gas company and its consultant have sought to keep in communication with the North Tiverton residents.
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