Hampden seeks policy on optional water connections for properties in PFAS testing area; board to ask legal counsel for hold‑harmless language

Town and water district staff reviewed a draft water‑connection policy for properties identified by the Massachusetts Department of Environmental Protection as impacted or potentially impacted by PFAS contamination from the former landfill. The district will offer municipally funded service connections to eligible properties; staff said those properties are the same parcels invited into the town’s testing program.

The draft policy sets a deadline for property owners to accept or decline the no‑cost connection after an informational meeting scheduled for February 12, 2025. Staff explained the scheduling constraint: the contractor needs a final count to order and schedule service‑line work.

The draft also covers what happens when a property owner refuses to connect. Under the proposal, the Scantic Valley Water District will install a curb stop at the main in the public right of way for every property in the eligible zone, but the district will not install the private on‑lot service line unless and until the property owner requests it and pays for it. The policy language being considered would also say that if a property owner later chooses to connect, the town will not automatically pay for the later on‑property service line unless the owner can prove the private well is contaminated above regulatory limits and that the town is liable for the contamination. That provision aims to prevent owners from declining a free connection now and later expecting the town to pay private service‑line costs or accept continued testing costs borne by the town.

Board members emphasized the need for informed consent for property owners who choose not to connect and asked legal counsel to draft a hold‑harmless/agreement form specifying that owners who refuse the town’s offered connection would be responsible for any future testing expenses or costs tied to their private well unless liability is proven. Staff said DEP told the town it does not mandate who performs required testing as long as testing is completed; the town’s draft aims to shift future testing costs off the town when an eligible owner refuses the municipally offered connection.

Staff said physical construction would likely begin in March with the pump station and pipe installation sequencing; the system cannot be activated until the new pumping station is in service. Staff also reported ongoing logistical issues such as locating an undocumented water main under part of the project area; consultants recommended a targeted subsurface investigation to locate utilities before major work begins.

Ending: The board asked staff to finalize the policy text for legal review and to present the draft at the Feb. 12 informational meeting; staff will also follow up on outreach to properties that have been hard to reach.