Milton tries to cross bridge to recreational trail
Town officials don’t want to be liable for any trail-related pollutants, including potential lawsuits that might arise.
At the same time, the deadline to complete the project – and take advantage of federal and state grants – is fast approaching.
On Monday, Jan. 5, Milton Town Council reviewed its options to move ahead with the first phase of the rails-to-trails project.
Digging up problems
Phase 1 of the project is a 700-foot section of train tracks behind Angerstein’s from the west side of Chestnut Street to the west side of Federal Street.
In that section, plans call for removing train tracks, laying down a pedestrian trail, installing path lights and putting in benches.
The town hired Kyle Lampron of Ten Bears Environmental to examine the soil.
He said a layer of industrial waste, 6- to-18-inches deep, lies beneath the surface that is largely ash, a byproduct of combustion. Some of the pollutants exceeded state standards.
The contaminants are commonly found along railroad lines where excess petroleum products leak from train cars, he said.
A cap-and-cover plan would seal the contaminants in place to prevent any human contact with the soil.
The town could also work with the Department of Natural Resources and Environmental Control (DNREC) to have the area declared a brownfield site, which would remove town liability altogether.
That process includes excavating the soil.
Paul Will is a program manager for DNREC’s Division of Air and Waste Management.
Will said the state’s five-year-old brownfield program takes vacant, abandoned or under-utilized land that contains contaminants and restores the property for use.
“If Milton comes to DNREC and enters into an agreement, Milton receives liability protection right then,” Will said.
The town would also be eligible for a $1 million grant from the Hazardous Substance Cleanup Fund.
In most cases, the process takes up to seven months, although Will said if the town applied for a brownfield designation, he would try to move quickly so Milton would not lose its rails-to-trails grant. A public hearing would also be required, he said.
About $340,000 comes from federal grants, and the Delaware Department of Transportation is paying $25,000 toward the project.
Rep. George Carey, R-Milford, last year provided $60,000 from community transportation funds. The deadline to build the first phase is in June.
On Jan. 5, Milton officials unanimously passed a motion to pursue a cap-and-cover solution if the state will issue a no-liability letter within two weeks.
If the state refuses to issue the letter, officials will pursue a brownfield designation.
“I don’t want the town to have the liability,” said Milton Mayor Don Post.
