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The 16-acre parcel has the highest concentration of pollution at the William Stanley Business Park.

Pending EPA Permit Part of Waterstone Pitch For PEDA Parcel

By Andy McKeeveriBerkshires Staff
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PITTSFIELD, Mass. — Part of the selling point for the new Walmart at the William Stanley Business Park is that it will ease an environmental regulation expected later this year.
 
Last year, the U.S. Environmental Protection Agency issued a new draft permit for the Pittsfield Economic Development Authority's ability to drain storm water into Silver Lake. That permit called for significantly better water quality than currently being done.
 
PEDA and the city argued against it, saying it doesn't have the money to make the needed improvements to the storm water. Further, General Electric cleaned up the site to the standards outlined in the consent decree and the EPA signed off on the transfer of property from GE to PEDA. 
 
Director Corydon Thurston said one suggestion made to EPA was to disconnect storm water from some 90 acres of city property coming through the PEDA site and redirect it to another outfall. That would limit the amount of water going through the system and increase the amount from the site being absorbed naturally.
 
Thurston said even if that happened, polychlorinated biphenyls, a toxic chemical that had been used by GE, would still be washing into the lake but wouldn't be measured. His thoughts are that it would be better to keep the water running through the PEDA land to ensure it is being tested more regularly.
 
"One of the solutions we had suggested if the EPA pushed this permit is that we'd require the city to disconnect from the PEDA system," Thurston said. "The closest system for them to connect to still goes into Silver Lake."
 
Thurston estimates doing that would cost the city upward of $1 million. And that still won't bring the system into compliance and Thurston believes it isn't possible to bring the water quality up to the levels on the draft permit. 
 
The city itself has a new permit for its storm water, which David Webster, manager of the water permits branch of the Region 1 EPA, says doesn't require specific numbers of PCB levels but still has a number of requirements including testing to make sure nothing else is getting into the pipes.
 
There are a number of other requirements of the city as well, which in the recent budgeting process the city has prepared for by increasing its contractual services allowances for street cleaning and catch basin maintenance as well as a capital allocation to improve the entire system.
 
"Now Pittsfield has a clear idea what they have to do with the storm water," Webster said. 
 
The commercial permit for PEDA, however, does have specific measurements. Thurston says many of the PCBs are coming from elsewhere in the city so that move would make an impact. But not by much because the highest concentration of PCBs remains on the 16-acre parcel known as the "teens."
 
Enter Waterstone Reality. The development company has been waiting years for a chance at the property. Waterstone says it will invest $6 million in renovating the foundation and storm water system. 
 
"It's not the whole park but it is the largest portion of contaminated property," Thurston said. "A lot of manufacturing went on there. That area still is the largest concentration of PCBs."
 
Thurston said in that foundation is a series of brick and mortar pipes dating back years. Those have cracks and holes in which soil is infiltrating the system. PCBs travel through dirt, not water.
 
Thurston said any proposed development would have to renovate those pipes. Waterstone's plan includes installing a new storm-water system while increasing the areas for water to be absorbed naturally, instead of filling the basins and being washed into the lake.
 
Waterstone did not return a call in request for more details on the proposed work at the site but on a "fact sheet" issued on the company's Facebook page, it says $12 million of the $30 million project is going toward foundation work, which includes the $6 million for those storm-water pipes.
 
Thurston says that won't solve the entire problem, because the storm-water system goes through the entire PEDA land and not just that one parcel.
 
"Right now the way the water permit is issued, nothing would solve it," Thurston said. "Our intention is to show our best efforts to mitigate it."
 
Webster says the permit does have provisions allowing EPA to consider alternatives and not just stick to the stringent contamination levels. But, he said it is too early to tell what the final permit will say.
 
"It also asked if there was an alternative people would propose to isolate the PCBs," Webster said. "We could go in either direction."
 
Webster says the draft permit, which went through a public comment period including a time for stakeholders to submit written comments, complies with Clean Water Act of 1976, which was amended in 1987 — years before the consent decree was signed. Webster says the limits for PCBs are rather low.
 
Thurston says he doesn't know when a new permit will be issued. But, Webster says it could be in the next six months.
 
"We're considering the comments. It will probably be later in the calendar year for a final permit," Webster said.
 
The permit is needed for water to flow into the state-owned Silver Lake. That lake had just gone through a remediation process making it safe for swimming, but not for eating fish. 
 
The debate over whether Walmart is the right business to locate on the William Stanley Business Park is expected to unfold. But no matter what happens, GE's history of that land will continue to haunt the city's efforts to develop it.

Tags: environmental impact,   EPA,   PCBs,   PEDA,   stormwater,   Walmart,   

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Dalton Man Accused of Kidnapping, Shooting Pittsfield Man

By Brittany PolitoiBerkshires Staff

PITTSFIELD, Mass. — A Dalton man was arrested on Thursday evening after allegedly kidnapping and shooting another man.

Nicholas Lighten, 35, was arraigned in Central Berkshire District Court on Friday on multiple charges including kidnapping with a firearm and armed assault with intent to murder. He was booked in Dalton around 11:45 p.m. the previous night.

There was heavy police presence Thursday night in the area of Lighten's East Housatonic Street home before his arrest.

Shortly before 7 p.m., Dalton dispatch received a call from the Pittsfield Police Department requesting that an officer respond to Berkshire Medical Center. Adrian Mclaughlin of Pittsfield claimed that he was shot in the leg by Lighten after an altercation at the defendants home. Mclaughlin drove himself to the hospital and was treated and released with non-life-threatening injuries. 

"We were told that Lighten told Adrian to go down to his basement, where he told Adrian to get down on his knees and pulled out a chain," the police report reads.

"We were told that throughout the struggle with Lighten, Adrian recalls three gunshots."

Dalton PD was advised that Pittsfield had swabbed Mclaughlin for DNA because he reported biting Lighten. A bite mark was later found on Lighten's shoulder. 

Later that night, the victim reportedly was "certain, very certain" that Lighten was his assailant when shown a photo array at the hospital.

According to Dalton Police, an officer was stationed near Lighten's house in an unmarked vehicle and instructed to call over the radio if he left the residence. The Berkshire County Special Response Team was also contacted.

Lighten was under surveillance at his home from about 7:50 p.m. to about 8:40 p.m. when he left the property in a vehicle with Massachusetts plates. Another officer initiated a high-risk motor vehicle stop with the sergeant and response team just past Mill Street on West Housatonic Street, police said, and traffic was stopped on both sides of the road.

Lighten and a passenger were removed from the vehicle and detained. Police reported finding items including a brass knuckle knife, three shell casings wrapped in a rubber glove, and a pair of rubber gloves on him.

The response team entered Lighten's home at 43 East Housatonic before 9:30 p.m. for a protective sweep and cleared the residence before 9:50 p.m., police said. The residence was secured for crime scene investigators.

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