declaration of environmental land use ...declaration of environmental land use restriction and grant...

Declaration of Environmental Land Use Restriction and Grant or Easement Laurel Park, Inc. Superrund Site, Naugatuck, Connecticut Tax Lot 6W-9,513

eterAtcor4jmgorm tg:

Environmental Land Use Restriction Coordinator State of Connecticut Department of Energy & Environmental Protection Remediation Division Bureau of Water Protection and Land Reuse 79 Elm Street Hartford, CT 06106

DECLARATION OF ENVIRONMENTAL LAND USE RESTRICTION AND GRANT OF EASEMENT

This Declaration of environmental land use restriction and grant of easement is made this day orijpJml rt-ti . 2015, between the Laurel Park Coalition (the "Grantor") and the Cormnissitiner of thd Connecticut Department of Energy and Environmental Protection of the State of Connecticut (the "Grantee") and the United States Environmental Protection Agency, as Third Party Beneficiary (the "Beneficiary" or "EPA").

W1TNESSETH:

WHEREAS, Grantor is the owner in fee simple of certain real property (the "Property") known as Tax Lot 6W-9.5B, located in Naugatuck, in New Haven County designated as Lot 6W-9.5B on the tax map of Naugatuck, in New Haven County, more particularly described. on Exhibit A which is attached hereto and made a part hereof; and

WHEREAS, the rationale for this environmental land use restriction is described in the document attached hereto as Exhibit B, which is made a part hereof; and

WHEREAS, the Property identified in the class A-2 survey (the "Subject Parcel"), which survey is attached hereto as Exhibit C which is made a part hereof, contains pollutants; and

WHEREAS, the Subject Parcel is adjacent to the Laurel Park, Inc. Superfund Site (the "Site" or "Laurel Park Site"), and

WHEREAS, certain private parties ("Performing Parties") are implementing a clean Lip (the "Remedial Action") selected by EPA to address contamination at the Site pursuant to a Record of Decision ("ROD") issued by EPA under the Comprehensive, Environmental Response, Compensation and Liability Act ("CERCLA") and on file at the Howard Wittemore Library, 243 Church Street, Naugatuck, CT and at EPA's OSRR Records and Information Center, 5 Post Office Square, Boston, MA; and

WHEREAS, the Remedial Action incorporates an engineered cover and leachate collection system; and

WHEREAS, the Remedial Action contemplates the imposition of institutional controls at the Laurel Park Site; and

WHEREAS, to implement the institutional control requirements of the Remedial Action and to prevent exposure to or migration of such pollutants and to abate hazards to human health and the environment, the Grantor desires to impose certain restrictions upon the use, occupancy, and activities of and at the Subject Parcel, and to grant this environmental land use restriction to the Grantee and the Beneficiary on the terms and conditions set forth below; and

WI IEREAS, Grantor intends that such restrictions shall run with the land and be binding upon and enforceable against Grantor and Grantor's successors and assigns;

Declaration of Environmental Land Use Restriction and Grant of Easement Laurel Park, Inc. Superfund Site, Naugatuck, Connecticut

Tax Lot 6W-9.5B

WHEREAS, the Grantee and the Beneficiary have determined that this environmental land use restriction will effectively protect public health and the environment from the hazards of pollution; and

WHEREAS, the Grantee agrees and acknowledges that the Beneficiary is lead agency with respect to the Site, and the Grantee has the authority to review and comment on lead agency decisions;

NOW, THEREFORE, Grantor agrees as follows:

1. Purpose. In accordance with the Record of Decision for the Site and the Consent Decree entered in the United States District Court for the District of Connecticut in civil action no. 3-91-CV-249, which Consent Decree is available for inspection, along with other site documents, at the document repository at Howard Whittemore Memorial Library, 243 Church Street, Naugatuck, CT 06770, the purpose of this environmental land use restriction is to implement institutional controls to assure that:

a. The Subject Parcel is not used for residential activities, including but not limited to the following activities: (i) single and multi-family dwelling and rental units; (ii) day care centers, eldercare facilities and preschools; (iii) hotels and motels; (iv) schools and religious facilities; (v) restaurants and other food and beverage services; (vi) parks, playgrounds, sports fields and other entertainment and recreational facilities; (vii) hospitals, healthcare facilities and other extended care medical facilities; and (viii) transient or other residential facilities;

b. Buildings are not constructed on the Subject Parcel; provided, however, that this restriction does not apply to the construction of nonresidential buildings and/or structures related to Operation & Maintenance ("O&M") activities, renewable energy infrastructure, or telecommunications infrastructure on the portions of the Subject Parcel outside the area of landfill cap, monitoring wells, and other remedy components, as shown on Exhibit C as "Restriction Area X";

c. Ground water at the Subject Parcel is not used for any purpose other than hydraulic containment, treatment and/or monitoring of ground water in accordance with the Remedial Action;

d. Soil within the Subject Parcel located greater than four feet below grade at locations that overlie or are adjacent to installed components of the remedy (the engineered cover, the leachate collection system, equipment building, the ground water extraction system, and the monitoring wells) is not exposed as a result of excavation, demolition or other activities other than as needed for routine O&M of said remedy components; provided, however, that this restriction does not apply to the excavation for purposes of construction of nonresidential buildings and/or structures related to O&M activities, renewable energy infrastructure, or telecommunications infrastructure on the portions of the Subject Parcel outside the area of landfill cap, monitoring wells, and other remedy components, as shown on Exhibit C as "Restriction Area X";

of 9


Tax Lot 6W-9.5B

e. The engineered cover and leachate collection system at the Subject Parcel, including but not limited to the leachate collection system, the ground water extraction system, the surrounding fence and perimeter ditches, and any monitoring wells, if currently located on the parcel or if installed in the future, as described further in the document attached hereto as Exhibit B, and the soil underlying such engineered cover and leachate collection system, is not disturbed in any manner as a result of excavation, demolition, plant root growth, or other activities, except for activities undertaken as part of the Operation and Maintenance Plan, as amended, on file at the EPA's OSRR Records and Information Center, 5 Post Office Square, Boston, MA.

f. Surface waters in the Subject Parcel are not used for any purpose whatsoever.

2. Restrictions Applicable to the Subject Parcel. In furtherance of the purposes of this environmental land use restriction, Grantor shall assure that use, occupancy, and activity of and at the Subject Parcel are restricted as follows:

a. Nonresidential Use. The Subject Parcel shall not be used for any residential activity and shall be used solely for industrial or commercial activity.

b. Construction. Construction of buildings within the Subject Parcel shall not be permitted; provided, however, that subject to Paragraph 2.g. below, this restriction does not apply to the construction of nonresidential buildings and/or structures related to O&M activities, renewable energy infrastructure, or telecommunications infrastructure on the portions of the Subject Parcel outside the area of landfill cap, monitoring wells, and other remedy components, as shown on Exhibit C as "Restriction Area X".

c. Ground Water. Ground water at the Subject Parcel shall not be used for any purpose other than hydraulic containment, treatment and/or monitoring of ground water in accordance with the Remedial Action.

d. Disturbances of Uncapped Soil. All soil within the Subject Parcel and located greater than four feet below grade shall not be exposed as a result of excavation, demolition or other activities; provided, however, that subject to Paragraph 2.g. below, this restriction does not apply to disturbances related to O&M activities, renewable energy infrastructure, or telecommunications infrastructure on the portions of the Subject Parcel outside the area of landfill cap, monitoring wells, and other remedy components, as shown on Exhibit C as "Restriction Area X".

e. Disturbances of Engineered Cover and Leachate Collection System. The engineered cover and leachate collection system at the Subject Parcel, including but not limited to the leachate collection system, the ground water extraction system, ground water extraction wells, the surrounding fence and perimeter ditches, and any monitoring wells, if currently located on the parcel or if installed in the future, as described further in the document attached hereto as Exhibit B, and the soil underlying such engineered cover and leachate collection system, shall not be disturbed in any manner as a result of excavation, demolition, plant

of 9


Tax Lot 6W-9.5B

root growth, or other activities, except for activities undertaken as part of the Operation and Maintenance Plan, as amended, on file at the EPA's OSRR Records and Information Center, 5 Post Office Square, Boston, MA.

f. Contact with Surface Water. The surface waters in the Subject Parcel shall not be used for any purpose whatsoever.

g. With respect to the restrictions described in Paragraphs 2.b. and 2.d. above, plans and proposals for any activities within Restriction Area X shall be submitted to EPA for review at least 60 days before implementation. The Grantor, or future property owner, may proceed with the proposed activity after the expiration of the 60 days (beginning on the day EPA receives the plans), unless, during the 60 day period, EPA notifies the Grantor or future property owner of its determination that such activities may adversely affect the remedy.

3. Except as provided in Paragraph 4 below, no action shall be taken, allowed, suffered, or omitted if such action or omission is reasonably likely to:

a. Create a risk of migration of pollutants or a potential hazard to human health or the environment;

b. Result in a disturbance of the structural integrity of the engineered cover and/or the leachate collection system designed or utilized to contain pollutants or limit human exposure to pollutants; or

c. Interfere with the performance of the Remedial Action or other response activities.

4. Emergencies. In the event of an emergency which presents a significant risk to human health or the environment, the application of Paragraph 3 above may be suspended, provided such risk cannot be abated without suspending such Paragraph and the Grantor:

a. Notifies the Grantee and the Beneficiary of the emergency as soon as possible, but no later than 24 hours, upon first recognition of the emergency condition;

b. Limits both the extent and duration of the suspension to the minimum reasonably necessary to adequately respond to the emergency;

c. Implements all measures necessary to limit actual and potential present and future risk to human health and the environment resulting from such suspension; and

d. Implements a plan, to be approved in writing by the Grantee and the Beneficiary, on a schedule to be approved by the Grantee and the Beneficiary, to ensure that the Subject Parcel is remediated in accordance with the ROD and CERCLA, or restored to its condition prior to such emergency.

5. Release of Restriction; Alterations of Subject Parcel. Grantor shall not make, or allow or suffer to be made, any alteration of any kind in, to, or about any portion of any of the Subject Parcel inconsistent with this environmental land use restriction unless the Grantor has first recorded the Grantee's and the Beneficiary's written approval of such alteration upon the land records of Naugatuck. The Grantee and the Beneficiary shall not approve any such alteration and shall not release the Property from the provisions of this environmental land use restriction unless

of 9


Tax Lot 6W-9.5B

the Grantor demonstrates to the Grantee's and the Beneficiary's satisfaction that Grantor has remediated the Subject Parcel in accordance with the ROD.

6. Grant of Easement to the Grantee and the Beneficiary. Grantor hereby grants and conveys to the Grantee, the Beneficiary, and their respective agents, contractors, and employees, and to any other person performing pollution remediation activities under the direction thereof, a non-exclusive easement (the "Easement") over the Subject Parcel and over such other parts of the Property as are necessary for access to the Subject Parcel or for carrying out any actions to abate a threat to human health or the environment associated with the Subject Parcel. Pursuant to this Easement, the Grantee, the Beneficiary, and their respective agents, contractors, and employees, and any other person performing pollution remediation activities under the direction thereof, may enter upon and inspect the Property and perform such investigations and actions as the Grantee or the Beneficiary deems necessary for any one or more of the following purposes:

a. Ensuring that use, occupancy, and activities of and at the Property are consistent

with this environmental land use restriction; b. Ensuring that any remediation implemented complies with the ROD and CERCLA; c. Performing any additional investigations or remediation necessary to protect human

health and the environment, including but not limited to taking samples; d. Ensuring the structural integrity of any component of the Remedial Action

described in the ROD and its continuing effectiveness in containing pollutants and limiting human exposure to pollutants.

e. Ensuring the structural integrity of the engineered cover and leachate collection system described in this environmental land use restriction and grant of easement and its continuing effectiveness in containing pollutants and limiting human exposure to pollutants.

f. Performing and monitoring the activities required by the ROD, including but not limited to the installation, operation and maintenance of ground water wells.

7. Notice and Time of Entry onto Property. Entry onto the Property by any person pursuant to this Easement shall be upon reasonable notice and at reasonable times, provided that entry shall not be subject to these limitations if the Grantee or the Beneficiary determines that immediate entry is necessary to protect human health or the environment.

8. Notice to Lessees and Other Holders of Interests in the Property. Grantor, or any future holder of any interest in the property, shall cause any lease, grant, or other transfer of any interest in the Property to include a provision expressly requiring the lessee, grantee, or transferee to comply with this environmental land use restriction and grant of easement. The failure to include such provision shall not affect the validity or applicability to the Property of this environmental land use restriction and grant of easement.

9. Persons Entitled to Enforce Restrictions. The restrictions in this environmental land use restriction on use, occupancy, and activity of and at the Property shall be enforceable in accordance with section 22a-133p of the General Statutes. These restrictions shall also be enforceable by the Beneficiary in accordance with section 22a-133o(b) of the General Statutes.

10. Issuance of Beneficiary and Grantee Approvals. The issuance of approvals by Beneficiary to Grantor pursuant to any paragraph of this Declaration shall be in written form, and

of 9


Tax Lot 6W-9,5B

shall be issued by the Geographic Section Chief assigned by Beneficiary to the Laurel Park Site. The issuance of approval by Grantee to Grantor pursuant to any paragraph of this Declaration shall be in written form, and shall be issued by the Commissioner of the Connecticut Department of Energy and Environmental Protection or the Commissioner's duly authorized designee. The issuance of any Beneficiary or Grantee approval to the Grantor shall be in recordable form and shall be recorded by Grantor in the Borough of Naugatuck Land Records. No oral representations by Beneficiary or Grantee's personnel, or guidance or policy documents, shall relieve the Grantor of its responsibility to obtain any Grantee or Beneficiary approval in the form required herein.

11. Notification and Reporting. Whenever, under the terms of this Declaration, written notice is required to be given or a report or other document is required to be sent by one party to another, it shall be directed to each of the individuals at the addresses specified below, unless those individuals or their successors give notice of a change to the other parties in writing.

As to Grantee: Remedial Project Manager Remediation Division Bureau of Water Protection and Land Reuse Department of Energy and Environmental Protection 79 Elm Street Hartford, CT 06106

As to Grantor: Laurel Park Coalition do Kirstin M. Etela, Esq. Associate General Counsel Chemtura Corporation 199 Benson Road Middlebury, CT 06749

As to Beneficiary: Remedial Project Manager for the Laurel Park, Inc, Superfund Site EPA Region 1 5 Post Office Square Boston, MA 02109

12. Withdrawal of Beneficiary and Grantee Approval. In the event the Laurel Park Site conditions change after issuance of any Beneficiary or Grantee approval provided pursuant to this Declaration, Beneficiary and/or Grantee may withdraw or rescind an approval previously issued in order to protect human health and the environment. The issuance of any withdrawal of Beneficiary or Grantee approval to the Grantor pursuant to this Declaration shall be in recordable form and shall be recorded by Grantor in the Borough of Naugatuck Land Records.

13. Severability and Termination. If any court of competent jurisdiction determines that any provision of this environmental land use restriction and grant of easement is invalid or unenforceable, such provision shall be deemed to have been modified automatically to conform to

of 9


Tax Lot 6W-9.5B

the requirements for validity and enforceability as determined by such court. In the event that the provision invalidated is of such nature that it cannot be so modified, the provision shall be deemed deleted from this instrument as though it had never been included herein. In either case, the remaining provisions of this instrument shall remain in full force and effect. Further, in either case, the Grantor shall submit a copy of this restriction and of the judgement of the Court to Grantee and the Beneficiary for review, and if Grantee and Beneficiary jointly determine that such restriction would not have been approved without the invalid portion, Grantee and Beneficiary shall give notice that the environmental land use restriction is terminated, as evidenced by the Grantee's signature on an instrument setting forth such termination, and the Grantor shall record such instrument on the land records of the Borough of Naugatuck.

14. Binding Effect. All of the terms, covenants and conditions of this environmental land use restriction and grant of easement shall run with the land and shall be binding on the Grantor, the Grantor's successors and assigns, and each owner and any other party entitled to possession or use of the Property during such period of ownership or possession.

[Signature Page Follows]

of 9

Notary Public/

Declaration of Environmental Land Use Restriction and Grant of Easement Laurel Park, Inc. Superfund Site, Naugatuck, Connecticut Tax Lot 6W -9.5B

GRANTOR:

1 I a- Date

Witnesses:

'Torten 4. a 0( Printed/Typed Name

Pri ted/'Vypee Name

Laurel Park Coal it in By Kirstin M. Etela Its Steering Committee Chair Duly Authorized

STATE OF Coanez r ss. < 14.4 f 6u-,3 < lits/ta >

COUNTY OF nje w )

Personally appeared i'fasilA M. 64.41, Q-eerirtk amonlite Cloyof Laai Pait e0a film, signer and sealer of the foregoing instrument, and acknowledged tile same to be his/her free act and deed, and the free act and deed of said Laurel Park Coalition, before me.

DOREEN A. BLACK NOTARY PUBLIC

My Commission Expires AW:i 31,

of 9


Tax Lot 6W-9.5B

GRANTEE: Grantee, the Commissioner of Environmental Protection, by the Commissioner's duly designated agent, Betsey Wingfield, Bureau Chief, Bureau of Water Protection and Land Reuse.

//i . 2i) ) Date

Betsey 4ngfid, Bureau Chief Bureau otjWater Protection & Land Reuse Connecticut Department of Energy & Environmental Protection 79 Elm Street Hartford, CT 06106

ACTIVE/70663.1/CMCCORMACK/2578399v3 of 9

ENVIRONMENTAL LAND USE RESTRICTION

EXHIBIT A

PARCEL DESCRIPTION

EXHIBIT A

Legal Description of

TAX LOT 6W-9.5B

Tax Lot 6W-9.5B: A certain piece or parcel of land, located in the Town of Naugatuck, County of New Haven and State of Connecticut, shown as parcel 'EV on a plan entitled "Subdivision Plan; Sylvester, Corado, & Margaret Cagno, Old Derby Turnpike, Town of Naugatuck, County of New Haven, State of Connecticut" dated August 4, 1995 by Paul Associates, to which reference is hereby made:

Being at an iron pin at the southerly end of a stone wall in the easterly line of land of Wallace & Audrey Bruce, said point being S 00 degrees 08 minutes 22 seconds E 212.59 feet from the southwesterly terminus of a 50; passway.

THENCE North 75 degrees 19 minutes 13 seconds East for a distance of 334.83 feet along remaining land of Cagno to a point. THENCE South 05 degrees 54 minutes 11 seconds West for a distance of 96.48 feet to a point. THENCE South 28 degrees 52 minutes 21 seconds West for a distance of 40.90 feet to a point. THENCE South 05 degrees 26 minutes 52 seconds West for a distance of 135.50 feet to a point. THENCE South 04 degrees 03 minutes 24 seconds East for a distance of 149.46 feet to a point. THENCE South 63 degrees 23 minutes 00 seconds West for a distance of 74.17 feet to an iron pin. THENCE South 04 degrees 07 minutes 00 seconds East for a distance of 390.00 feet to an iron pin. THENCE South 64 degrees 53 minutes 00 seconds West for a distance of 210.00 feet to an iron pin. THENCE South 89 degrees 53 minutes 00 seconds West for a distance of 260.00 feet to an iron pin. THENCE South 14 degrees 52 minutes 43 seconds West for a distance of 859.00 feet to an iron pin. The last nine courses along land of Laurel Park, Inc. THENCE South 14 degrees 52 minutes 42 seconds West for a distance of 210.73 feet to an iron pin. THENCE South 82 degrees 32 minutes 08 seconds West for a distance of 51.38 feet to a point. THENCE South 82 degrees 32 minutes 08 seconds West for a distance of 188.32 feet to a point. THENCE South 87 degrees 38 minutes 25 seconds West for a distance of 260.14 feet to an iron pin. The last four courses along land of Frank Perrotti & Sons, Inc. THENCE North 09 degrees 08 minutes 29 seconds East for a distance of 121.27 feet to a point. THENCE North 17 degrees 53 minutes 03 seconds East for a distance of 53.57 feet to a point. THENCE North 17 degrees 19 minutes 46 seconds East for a distance of 23.87 feet to a point. THENCE North 05 degrees 01 minutes 24 seconds East for a distance of 57.05 feet to a point. THENCE North 16 degrees 21 minutes 40 seconds East for a distance of 30.10 feet to a point. THENCE North 13 degrees 04 minutes 49 seconds East for a distance of 195.04 feet to a point. THENCE North 12 degrees 24 minutes 18 seconds East for a distance of 71.42 feet to a point. THENCE North 12 degrees 03 minutes 47 seconds East for a distance of 60.52 feet to a point. THENCE North 12 degrees 47 minutes 02 seconds East for a distance of 158.07 feet to a point. THENCE North 14 degrees 27 minutes 14 seconds East for a distance of 199.00 feet to a point, THENCE North 13 degrees 04 minutes 32 seconds East for a distance of 97.28 feet to a point. THENCE North 13 degrees 44 minutes 52 seconds East for a distance of 147.32 feet to an iron pin. THENCE North 12 degrees 52 minutes 49 seconds East for a distance of 120.62 feet to a point. THENCE North 12 degrees 43 minutes 18 seconds East for a distance of 324.72 feet to a point. THENCE South 64 degrees 11 minutes 30 seconds East for a distance of 33.49 feet to a point. THENCE South 65 degrees 23 minutes 27 seconds East for a distance of 201.39 feet to a point.

THENCE South 64 degrees 40 minutes 33 seconds East for a distance of 119.29 feet to a point. THENCE South 71 degrees 45 minutes 55 seconds East for a distance of 18.38 feet to an iron pin. THENCE North 55 degrees 32 minutes 39 seconds East for a distance of 24.35 feet to an iron pin. The last nineteen courses along land of Walter Flaherty, Jr. Trustee. THENCE North 33 degrees 42 minutes 13 seconds East for a distance of 186.37 feet to a point. THENCE North 32 degrees 35 minutes 45 seconds East for a distance of 183.09 feet to a point. THENCE North 16 degrees 32 minutes 16 seconds East for a distance of 139.27 feet returning to a point and place of beginning.

2


EXHIBIT B

RATIONALE FOR USE RESTRICTIONS

Declaration of Environmental Land Use Restriction and Grant of Easement Description of the Rationale for Institutional Controls (Exhibit B) Tax Lot 6W-9.5B Laurel Park Landfill, Hunters Mountain Road, Naugatuck, Connecticut

EXHIBIT B

Site Background and Rationale for Institutional Controls Laurel Park, Inc. Superfund Site

Naugatuck, Connecticut TAX LOT 6W-9.5B

This document summarizes 1) the background of the Laurel Park, Inc. Superfund Site ("Site") and the remedial

measures implemented pursuant to the "Record of Decision" for the Site, dated June 30, 1988 (ROD) and the

consent decree entered in United States Environmental Protection Agency v. AMF, Inc., et al., Civil Action No.

391-CV-249 (PCD) (the "Consent Decree") by certain settling parties including those comprising the Laurel

Park Coalition (LPC), also referred to as the Performing Parties; (2) the relation of the specific parcel identified

above, Tax Lot 6W-9.5B ("the Subject Parcel") to the Site and to Site remedial measures and engineered

components of the remedial action, including the soil and groundwater contaminants to be addressed by

institutional controls on the Subject Parcel; and (3) the restrictions or limitations to be imposed on use of the

Subject Parcel by means of a recorded Environmental Land Use Restriction and Grant of Easement ("Use

Restriction") and the reasons such restrictions or limitations protect human health and the environment.

Description of Remedial Action at the Laurel Park Site

The 19.7-acre capped waste disposal or landfill area of the Site is largely situated on four parcels of land

totaling 29.7 acres. These parcels are abutted by eleven parcels of undeveloped land. The four landfill parcels

and nine of the undeveloped parcels are owned by Laurel Park, Inc., the former landfill operator. Two of the

abutting undeveloped parcels are owned by the LPC.

The Site was operated as a disposal area and landfill from the 1930s until 1987. It accepted mostly municipal

solid waste, with approximately 20% of the material being industrial waste. Based on studies performed by the

Connecticut Department of Environmental Protection (CTDEP) in 1983, the Site was entered into the National

Priorities List (NPL) that same year due to contamination of nearby private wells. A remedial investigation was

completed from 1985 to 1987. These studies identified soils and landfill waste material beneath the now-

capped area that contained elevated levels of volatile organic compounds (VOCs) and heavy metals. The

remedial strategy for the Site was defined by the Site ROD in 1988. The feasibility study and remedy design

conducted pursuant to the ROD and Consent Decree resulted in selection and implementation of remedial

measures ("Remedial Action") consisting of the following actions and engineered components:

• Construction of an impermeable, multi-layered engineered cap, incorporating a geotextile liner, in the

former waste disposal or landfill area; ‘,.

• Restricting access to the Site by the construction and maintenance of a permanent fence barrier;

• Construction of a public water supply line to provide potable water to local residences;

Page 1 of 4


• Construction and operation a passive Leachate Collection System (LCS);

• Construction of an active Ground Water Extraction System (GWES) to capture ground water from the

bottom of the weathered/highly fractured bedrock zone;

• Conveyance of the leachate and extracted groundwater via a dedicated leachate transport line to a

connection with the municipal sewer system for transport to and, ultimately, treatment at the Naugatuck

Water Pollution Control Facility; and

• Long term oversight, maintenance and monitoring to maintain the remedy and evaluate performance in

relation to remedial objectives.

In September 1998, the United States Environmental Protection Agency (EPA) determined that the

construction of the remedy was completed and directed the LPC, as performing parties to commence

operations and maintenance (O&M) activities in February 1999.

In December 2010, the EPA directed the LPC to develop an Institutional Control (IC) Plan. The IC Plan

provides for imposition and recording of environmental land use restrictions and easements for the parcels

comprising the Site, in a manner that is protective of human health and the environment and minimizes the

potential for disturbance of or damage to engineered components of the remedial action.

Remedial Measures and Engineered Components Employed on Subject Parcel

The Subject Parcel lies generally to the west of the capped landfill area and contains 25.47 acres of land. LPC

acquired it at the time of remedial construction at the Site, primarily to serve as a borrow area for clean soil

used in the landfill cap.

In several locations (see Exhibit C), the landfill cap, perimeter ditches and leachate collection system extend

slightly onto the Subject Parcel. Other remedy components on the Subject parcel include monitoring and

observation wells and a portion of the site fence. Portions of the Subject Parcel are outside of the cap,

including the site access road, utility easements, and the Site's equipment building, an unoccupied structure

that houses the compressor system for the GWES. The remainder of the Subject Parcel, comprising the

majority of its area, is free of remedy components.

Use Restrictions to be Imposed on the Subject Parcel

Use restrictions are to be imposed on the Subject Parcel in the manner and for the reasons that follow.

Residential Development Prohibition

In the portion of the Subject Parcel within the landfill cap area, landfill waste materials and/or soil containing

volatile organic compounds and metals are .present. If the Subject Parcel were used for residential activities,

the pollutants present in the soil may pose an unacceptable risk to human health. Provided the Subject Parcel

Page 2 of 4


is not used for residential activities, any pollutants that may be present in the landfill waste materials and/or soil

do not pose an unacceptable risk to human, health. The Use Restriction prohibits residential activities on the

Subject Parcel.

The term "residential activities" shall include, but not be limited to, the following activities: (i) single and multi-

family dwelling and rental units; (ii) day care centers, eldercare facilities and preschools; (iii) hotels and motels;

(iv) schools and religious facilities; (v) restaurants and other food and beverage services; (vi) parks,

playgrounds, sports fields and other entertainment and recreational facilities; (vii) hospitals, healthcare facilities

and other extended care medical facilities; and (viii) transient or other residential facilities.

Construction Restriction

Construction within the capped area could compromise the integrity of the engineered components of the

remedial action. Accordingly, unless prior approval is provided by the EPA after opportunity for review and

comment by the Connecticut Department of Energy and Environmental Protection, construction of buildings

shall not be permitted within the capped area of the Subject Parcel or in portions of the Subject Parcel where

other remedy components are located, provided, however, that construction of structures directly related to the

O&M of the Site, renewable energy infrastructure, or telecommunications infrastructure is permitted in the

portions of the Subject Parcel that are outside the capped area and away from other engineered components

of the remedy, shown as Restriction Area X on Exhibit C.

Ground Water Use Restriction

Ground water within the Subject Parcel may contain volatile organic compounds (VOCs), such as benzene,

chlorobenzene, and 1,1-dichloroethene, and may contain metals, such as nickel, antimony and arsenic. If used

for drinking, irrigation, or other domestic purposes, such ground water may pose an unacceptable risk to

human health. Since 1989, nearly all arear,residents that formerly used water from private water supply wells

have been connected to the public water supply. The former private wells were abandoned at that time. The

Connecticut Department of Public Health currently prohibits the installation of private wells within 200 feet of a

public water supply. Any remaining polluted ground water therefore does not pose a risk to human health as long as it is not used for drinking, irrigation, or other domestic purposes. Accordingly, the Use Restriction

prohibits the use of ground water beneath the Subject Parcel for any purpose other than hydraulic containment, treatment and/or monitoring of ground water in accordance with the Remedial Action.

Disturbance of Uncapped Soil

In the portion of the Subject Parcel within the landfill cap area, landfill waste materials and/or soil containing

volatile organic compounds and/or metals are present. Such materials and/or soil are located beneath the

impermeable landfill cap, which is a permanently installed component of the remedy. The Site achieved construction completion status in September 1998, including completing the installation of the landfill cap. Ongoing O&M activities include regular inspection and maintenance of the cap. Outside the footprint of the

cap, soil more than four feet below grade should not be exposed as a result of excavation, demolition or other activities that might create a risk of human exposure to any contaminants that may be present. The Use

Page 3 of 4


Restriction therefore prohibits excavation or other intrusive activities that might result in exposure to contaminated landfill waste materials or soil; provided, however, that construction of structures directly related to the O&M of the Site, renewable energy infrastructure, or telecommunications infrastructure is permitted in

the portions of the Subject Parcel that are outside the capped area and away from other engineered

components of the remedy, shown as Restriction Area X on Exhibit C.

Disturbance of Engineered Components

Engineered components of the remedial action are located, in part, on the subject Parcel and include portions

of multi-layer engineered cap, Site fence, storm water control structures, and any monitoring wells, if currently

located on the parcel or if installed in the future. The Use Restriction provides that such components and the soil underlying them shall not be disturbed in any manner as a result of excavation, demolition, or other activities, except for disturbances undertaken as part of Site O&M. This use restriction also applies to the Site

monitoring wells located on the parcel. •

Contact with Surface Water

The remedial measures and engineered components of the remedy should limit exposure of surface water to

contaminated soil or landfill waste material. As with ground water, however, the relationship of the Subject

Parcel to the Site's remedy warrants the imposition of restrictions on use of any surface water. Accordingly,

the restriction provides that surface water in the . Subject Parcel shall not be used for any purpose, including but not limited to drinking, swimming or wading.

Review of Plans and Proposals for Activities within "Restriction Area X"

With respect to the restrictions concerning construction and disturbance of uncapped soil described above, plans and proposals for any activities within Restriction Area X shall be submitted to EPA for review at least 60 days before implementation. The Grantor, or future property owner, may proceed with the proposed activity after the expiration of the 60 days (beginning on the day EPA receives the plans), unless, during the 60 day period, EPA notifies the Grantor or future property owner of its determination that such activities may adversely affect the remedy.

ACTIVE/70663.1/CMCCORMACK/2578395v2 Page 4 of 4


EXHIBIT C

PARCEL MAP

=2=CF

WALTER , TWENTY. JR TRUSTEE 001 /393

I Io • L o•—

: =

011

,

E--- =15.21-ftirgi

•••■ w ■I•• L■L *.•■••

L■•■• • •■•

A • ZITI:WC111,4 WC.

. .

FR WALTER T. I.CANEIRTY•.01 TRUSTEE von MT

LIDA149

.566 nm.

ITOK

• m.o.._

T woo. eourcuLL Moo,

OL=Z03AL3

10,."=".•

0088 &8 0

■ALER

488111518 2

03002

UM. •r.ISS •••

atda-I.p. Am.

WIFIEL AAN. INC n5eLns•

SI=T1

SUR., RELATE 00 18859.0 SCTION TWO TES. ROM FIRST WONCAN IITE 1140989.001 PANT No C511740786DAM 3-21—II AT 8100 AN

E.Lri=r,..er.311.,13.114, CWT.:81.66.W 6. WT. ULM ..611

low W war LAsoLL, vonto ulto 0.0 EAsrLoo3

N/F WALLACE D. 6 AUDREY 6

0133/701 •_,SLoSas Lo7

AWOL

1.01•011'-'

1-4=7'..11:713r cer''organr3!'73're 10:0

rIESZSVAM

.•.20 • ST—NIEN ChOtCl

TrUe L'"IarCOLTIOTW4.''

PrsT.TO=SNZT Low. SEW., CUNT AZWICWIS FC0 ALL /Ar7000.

LAA0 OM SLOW, WITT ESIA01_91313 0X0

77:'LL

1-10-12

1,30e

1188888 11-110

1775

P..- 11110-ALTA

1 of 1

LAUREL Nr0.66 INC

Assf.55,[05 LOT

ALTA/ACSM LAND TITLE SURVEY EXHIBIT C

DECLARATION OF ENVIRONMENTAL LAND USE RESTRICTION AND GRANT OF EASEMENT

PROPERTY OF LAUREL PARK COALITION

TAX ASSESSORS LOT H-6W9.5B HUNTERS MOUNTAIN ROAD

NAUGATUCK, CONNECTICUT

AO WI Now IWO Road 1666.6 CT 28884

LOID1776-0.

.1.0.1161.1Zb. PIC .07V.

ZT7J.L0.3 07 00•400310'

golf.S143.1?ffig ATZF'313 METCOM'U'Lril:' . ANDAWL0 0, • MASS A-3 30,0

ITSELE"o'f00Thriorl••,..1'?X'JAS :44*JrT zo.01071,04 Cr LAA0 SLAVEILOOS. 66.

418 88828 vAul, ',moor Euei3s.sm

On. DLNL laaere,cr 88888

(6616117•31711

...ePARR COALITION

ASSESSCOS Tur


EXHIBIT D

THIRD-PARTY INTERESTS; SUBORDINATION AGREEMENT

OR WAIVER EXPLANATION

EXHIBIT D

List of Third Party Interests In

TAX LOT 6W-9.5B

I. Certificates of Taking in favor of the Borough of Naugatuck dated November 1, 1988 and recorded in Volume 323, Pages 758, 760, 763, 765 and 767 and dated March 10, 1993 and recorded in Volume 373, Page 290.

2. Statements of Compensation (relating to aforementioned Certificates of Taking) dated October 6, 1988 and recorded in Volume 323, Pages 116, 118, 120, 122 and 124 and dated December 15, 1992 and recorded in Volume 371, Page 65.

The aforementioned Certificates of Taking and related Statements of Compensation relate to the creation of a water main easement by the Borough of Naugatuck (hereafter the "1988 Water Main Easement"). The 1988 Water Main Easement is depicted on the Multi Sheet Survey recorded as Map 11-48 of the Naugatuck Land Records. The takings associated with creation of the 1998 Water Main Easement affected many properties in the vicinity of the Laurel Heights Land Fill including some parcels owned by Laurel Park Inc. and parcels now or formerly owned by Cagno and it was not initially clear whether the 1998 Water Main Easement actually affected Tax Lot 6W-9.5B. The survey of Tax Lot 6W-9.5B confirmed, however, that the 1988 Water Main Easement is actually located in the bed of Old Derby Turnpike and does not affect any portion of Tax Lot 6W-9.5B.

Received For Record In Mauvituck Land Records On Feb 25r2015 at 09:06A Volume 956 Page 677 Michelle it Dowlin9

Town Clerk

ICH 0 0 0 0 5 I. IL

ACTIVE/70663.1/MGP/2575827v2

CERTIFIED to be a true copy of the dOCUME411 recorded in the Town of Naugatuck, Connecticut.

Attest Ltenitetai

WCHELLE DOWL G, TOWP.4 CLERK

declaration of environmental land use ...declaration of environmental land use restriction and grant...

Documents