The State Of Connecticut Is Punishing A 90 Year Old WWll Veteran For Doing The Right Thing.

March 26, 2008 4:39 p.m. David Wallens Editorial Director, Classic Motorsports Magazine:

The State Of Connecticut Is Punishing A 90 Year Old WWll Veteran For Doing The Right Thing.

“I suppose if I’d kept my mouth shut, none of this would have happened,” says John Fitch, referring to the oil contamination nightmare that has plagued him since he advised the state of Connecticut’s DEP five months ago that he suspected an old storage tank under his Litchfield County lawn might be leaking. But keeping mum when he suspects something is wrong simply isn’t this man’s style: John Fitch has devoted his life to “the greater good” for over half a century.

Forget that he is a decorated combat pilot who shot down one of Hitler’s dreaded Messerschmidt ME 262 jets. Forget that he was taken POW and received a Purple Heart. Forget that he is the inventor of the Fitch Inertial Barrier, those ubiquitous yellow sand-filled plastic barrels whose strategic placement on highways across America have saved countless thousands of lives. Forget that Connecticut Governor Jodi Rell herself declared April 21, 2006 “John Fitch Day” in honor of his contributions to highway safety. And forget that as a legendary racing car driver he is the very embodiment of a true hero, as his election to numerous Halls of Fame will testify. Forget all that, and just consider the facts of this case:

Last October, Fitch told the DEP that he suspected an oil leak. He also (at his own expense) hired a local environmental services company to test his well water. The results indicated a petroleum concentration of 1.5 milligrams per liter, but no-one told him if that constituted a problem. Instead, the DEP ordered him to test all the wells within 500 feet of the tanks, again at his own expense. In November, the DEP advised him that although none of the wells was contaminated, he would have to remove the tanks and excavate the surrounding soil … again at his own expense. After excavating more than 3,000 tons of dirt (some of which was, in fact, contaminated), work had to be suspended because the resultant pit had filled with rainwater. Meanwhile, the contaminated soil, which was deposited in 15-foot high piles around Fitch’s property, was subjected to the effects of run-off because of rain and snow, a hazard that the state - not Fitch - created. “And there’s no end in sight,” laments the 90 year old. “In theory they can make me drain the pit and continue excavating. What’s worse, they can force me to cart the soil off and pay for it to be treated.”

To put that into perspective, Fitch has received estimates of $70 per ton to have this done, and that doesn’t include the cost of the excavation itself, nor the cost of filling in the pit with clean soil. One expert has estimated that the total bill could easily top $350,000. In the meanwhile, The Town of Salisbury mailed the Fitches a notice advising them of an $80,000 reduction in the assessed value of their home, with the words “Oil Contamination” overwritten across the page. “I’m completely bewildered by this,” says Fitch. “In effect, they have condemned our family home, making it worthless.”

But perhaps the most ironic –and frustrating‑ fact about the situation is that the Connecticut DEP itself has no firm protocol for cases such as this. According to Fitch, Patrick F. Bowe, Director of the DEP’s Remedial Division, has advised the Fitches that it is up to them to work with a consultant to select the best alternatives, taking into consideration costs, permit requirements and potential risks to human health. “He is saying that either our consultant, whoever that may be, will know more about oil contamination remediation than the DEP does or, if the DEP knows more, it is not telling us!” says Fitch. And while all of this is going on, Fitch’s wife, Elizabeth, requires nursing home care at a cost of $10,000 a month.

Outraged by the State’s actions, John Fitch’s friends have banded together to provide some financial relief for the couple. Notably, the Vintage Sports Car Club of America has graciously offered to help with legal expenses, and this week a fund was established to help pay for the excavation and soil cleaning costs. Checks payable to “The Friends of Fitch Homestead Fund” may be sent to the Salisbury Bank and Trust Company, P.O. Box 1868, Lakeville, CT 06039.

For additional information and documentation, please see the contact information at the top of this release.

State of Connecticut personnel involved with the Fitch case include Director Patrick F. Bowe, Remediation Division, and Camille Fontanella, Connecticut Dept. of Environmental Protection, at 79 Elm Street, Hartford, CT 06106-5127, tel.(860)424-3074. Other interested parties are K. Foley, (413)734-3688; M. O’Handley, (425)806-4875; State Senator Andrew Roraback, (860)489-6880; and CT Governor Jodi Rell (860)528-7347.

How sad :(

Worse yet, is that He will have many neighbors in the same situation. They do need to band together to find the source.

That is absolutely terrible. Here in NC they have an underground tank cleanup fund. I looked into it once as I was looking to possibly buy a property that had an old underground tank. I ended up not buying it. This is going to be a bigger and bigger issue with all of the old tanks in the ground...

http://www.wastenotnc.org/AboutUST.htm

In Texas there is, or was, a law that was basically an acceptance of "as is - where is". We owned a business property that was about an acre. One previous owner was an oil and gas distributor that had buried tanks in the ground. The direct previous owner was a forklift parts yard that torched thousands and thousands of forklift (including dumping crankcases and 25 gallon hydraulic tanks on the ground). We rented the back half to our neighbor who ran a fleet of foundation drilling trucks. They were poking holes in the ground to dump hundreds of gallons of old hydraulic oil in the pits. There was also an notoriously polluting printer and a really bad plating shop within a couple of doors. About 14 years ago we sold the lot to the "leasing neighbor" as the only likely way out. Obviously included was a legal document based on the initial premiss. We sold it for about $.20 on the dollar.

This cost my parents any retirement money, so I am supporting them. But they aren't in jail, or paying the clean up fees. But those properties are now worth $2 on the dollar. Hmmmmm .......

When the EPA was first getting cranked up they jumped a local service station owner I knew and got really tough on him. I don't know how he worked it but he locked the place up, walked away from it, and never looked back. For some reason they couldn't nail old Ray with anything, only the property. The building was removed and the property sat vacant for over 20 years before anything could be built on it.