Maya Van Rossum, leader of the Delaware Riverkeeper Network, said the latest agreement does not benefit nearby residents who have been impacted by decades of pollution.
“Constitution Drive Partners is being placed in charge of the remediation, and yet they have an ongoing economic interest in this remediation plan happening as quickly as possible, so that they can undertake their development project. That is wholly inappropriate,” she said.
The settlement includes more than $8.9 million to remediate the site, and an additional $2.5 million in reserve for “certain additional response actions” to address any contamination detected in the future.
The proposed cleanup plan involves injecting chemical oxidants through the ground, prompting a chemical reaction that will destroy harmful contaminants and produce harmless byproducts. The process is conducted in place, without having to excavate soil or pump out groundwater for aboveground cleanup.
In addition to TCE, DEP has reported high levels of toxic PFAS chemicals in the groundwater. The so-called “forever chemicals” are widely used in consumer products, and are linked to serious health problems.
For years, the Delaware Riverkeeper Network advocated for the site to be converted to natural open space by an independent organization. The Riverkeepers filed a lawsuit in 2019 against DEP and East Whiteland Township over what they called a “sweetheart deal” with Constitution Drive Partners to speed up development.
Van Rossum said she believes the language in the settlement isn’t strong enough to ensure the developers will fully remediate the site.
“What we can see from the face of the proposal is that there are serious red flags here where the driver is economics, and politics — it is not the environment, it is not communities, it is not health and safety, it is not what is right for the people of East Whiteland and those who live downstream from this site,” she said. “It is being driven by the goals and the needs of the developer.”
DEP is accepting comments on the settlement until May 14. Written comments can be sent to Dustin A. Armstrong, environmental protection specialist at DEP, at 2 E. Main St., Norristown, Pennsylvania 19401, or by email to RA-EP-SEROECB@pa.gov and darmstrong@pa.gov. The public is asked to include “Bishop Tube Public Comment” in the subject of the email or letter.