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We, the undersigned residents and concerned citizens are strongly opposed to the renewal of Clean Earth's permit for its soil treatment facility located at 58 North Washington Street, Plainville, CT. We believe this facility poses ongoing risks to our community, environment, and public health for the following reasons:

Regulatory Violations and Facility History: Clean Earth, formerly known as Phoenix Soil, has a history of environmental violations, including while operating in Plainville, CT. The facility has struggled with regulatory compliance, particularly regarding air quality and soil treatment standards. Specifically:
Air Quality and Emissions Violations: The thermal desorption process used at the facility has led to the release of volatile organic compounds (VOCs) and particulate matter, exceeding acceptable limits. This not only harms air quality but also poses health risks to the nearby residential community.
Hazardous Waste Mismanagement: Clean Earth has failed to adequately manage and store contaminated soil. The improper storage of hazardous waste, combined with a history of fires at the facility, heightens concerns about safety and the potential for environmental contamination. One incident, a significant fire at the Plainville facility, further highlighted safety risks and raised alarms among residents.
Permit and Reporting Violations: Clean Earth has been cited for permit violations, including exceeding emissions limits and misreporting or failing to properly document hazardous waste. This pattern of non-compliance indicates that Clean Earth has not taken sufficient measures to address the root causes of these issues.
EPA and DEEP Scrutiny: The U.S. Environmental Protection Agency (EPA) and Connecticut DEEP have conducted investigations into Clean Earth’s operations, resulting in fines and mandated corrective actions. These violations include improper handling of contaminated soil and failure to meet air quality standards. The EPA and DEEP’s actions underscore the facility’s inability to consistently operate within regulatory guidelines.
Soil Not Suitable for Residential Use: Despite claims that the treated soil is non-hazardous, Clean Earth has stated that the soil cannot be used on residential land. This discrepancy raises significant doubts about the effectiveness of their treatment process and the safety of the soil they produce. If the soil is truly non-toxic, it should be usable in all settings, including residential areas. The fact that it isn’t approved for residential use raises concerns about the long-term environmental and health impacts of allowing this facility to continue its operations.
Proximity to Residential Areas: The Clean Earth facility is located in close proximity to residential neighborhoods. Accidents, such as the fire at the facility, have already highlighted the dangers posed to nearby residents. The facility’s emissions and potential for further incidents place local families, including children, at ongoing risk. The community should not be subjected to such hazards from industrial operations so close to their homes.
Ongoing Non-Compliance and Lack of Transparency: Clean Earth has a continued history of non-compliance, evidenced by its previous permit revocation. The facility has not demonstrated that it can operate within the required environmental and safety regulations, and there has been a persistent lack of transparency regarding their operations. The local community deserves clarity on potential environmental and health risks, and Clean Earth has failed to provide adequate information or assurances.
Frequent Flooding Events and Floodplain Location: The Clean Earth facility is located near a floodplain, making it vulnerable to severe flooding events. In July 2023 and September 2023, Plainville experienced significant floods that overwhelmed local stormwater systems and closed nearby roads. Given the increasing frequency of 100-year storms, there is a considerable risk of untreated or partially treated soil contaminating local water sources during floods. Operating a facility that processes contaminated soil in such a high-risk area is unsafe for the community and the environment.
History of Violations in Waterbury, CT: Clean Earth’s operations as Phoenix Soil in Waterbury, CT, were marred by similar violations. The company faced numerous regulatory challenges related to air quality and hazardous waste management:
Air Quality Violations: While operating in Waterbury, the facility released harmful pollutants, including VOCs and particulate matter, into the air during the thermal desorption process. Residents of Waterbury lodged numerous complaints about the odors and respiratory issues linked to these emissions, prompting investigations by DEEP. The facility also failed to maintain air pollution control devices, leading to greater-than-permitted emissions.
Hazardous Waste Violations: Phoenix Soil was cited for improperly storing and handling contaminated soil, with significant concerns about the risk of soil and water contamination. The company also failed to comply with mandatory reporting requirements for hazardous waste, resulting in discrepancies in the types and amounts of contaminants processed at the facility.
Permit Violations: Phoenix Soil exceeded its permitted emission limits on several occasions and processed materials containing contaminants beyond the scope of its permit. These repeated violations resulted in fines and eventually contributed to the facility’s closure in Waterbury.
FIRM (Flood Insurance Rate Map): According to the soon to be adopted FIRM Maps, the 16.3 acre lot consists of approximately 99.1% special flood hazard areas (approx. 1.38 acres are not in a SFHA).  Approximately 8.4 acres are within the AE Floodway, and 6.5 acres are within the AE Zone.  The building is largely open to the elements and flood events.  One has to ask, how can any operator assure DEEP and the public that runoff from contaminated soils, or worse, the contaminated soil itself, are not contaminating nearby properties and the Pequabuck River?  As you are aware, the water quality in the Pequabuck River is not considered fit for human consumption and any activity that potentially threatens additional contamination needs to be more closely monitored or prohibited altogether.
This pattern of non-compliance, both in Waterbury and now in Plainville, demonstrates that Clean Earth has not taken the necessary steps to operate within environmental and safety regulations. Given this history, there is little evidence to suggest that the facility can operate responsibly moving forward.

For all these reasons, I strongly urge DEEP to deny the renewal of Clean Earth’s permits. The company’s history of regulatory violations, coupled with the facility’s location in a flood-prone area and its proximity to residential neighborhoods, makes it unsuitable for continued operation. The health and safety of our community must take precedence over industrial interests.