Millings Will be Now Considered Clean Fill

The Town Planning and Zoning Commission approved changes to local zoning regulations that would include considering asphalt fragments as one of several items acceptable for clean road fill at their meeting Wednesday night. The topic generated heated discussion during the meeting from one member of the public who was concerned about environmental problems.

Chairman Anthony DiLorenzo said that other than some minor changes to the language, the last major changes to the regulations were in 2006.

The changes state that asphalt paving fragments satisfy the definition of clean fill in compliance with the regulations of state agencies as amended. These changes allows the definition under the town regulations to effectively comply with changes to the state regulations, according to local Planning and Building Director Kim Ricci.

Resident James Zagroba said during the portion of the meeting reserved for public commentary that the state does not consider asphalt pieces smaller than four inches to be environmentally sound. Ricci added that the language of the changes is intended to comply with state regulations.

He referred to a 2006 memorandum from Robert Isner, the director of the state’s Waste Engineering and Enforcement Division, which states, “asphalt pieces that are not smaller than four inches (millings, shavings, dust and the like), are typically not considered to meet the definition of clean fill. The reason for focusing on the size is that as the surface area of the asphalt increases (smaller pieces will have greater collective surface area), the likelihood for contaminated leachate and mobilization of pollutants also increases.”

The memorandum also states that generally asphalt fragments are inert, do not pose a pollution or fire hazard and can be considered clean fill.

Zagroba said other towns such as Newington and Wethersfield did not have regulations that defined filling in the manner proposed by the commission. However, members of the public and the commission disputed this point.

Zagroba stated that he wants the town regulations to specify the four inch distinction.

Meadow Properties Representative, Angelo Ortisi Jr., supported the changes and said the company was involved in a court case one year ago because it used asphalt fillings for an access road at the 63-acre site on Meadow Road. The case was delayed because town regulations did not clarify that asphalt fragments could be used.