CAARRT PRESS RELEASE
On April 6, 2010, as part of a settlement agreement with a local citizen group, Community Activist Against Rail Road Transgressions (CAARRT), the Pennsylvania Department of Environmental Protection (DEP) held a public hearing to accept comments on a proposed Final Report on the excavation of the former Lancaster Brickyard.
On May 5, 2010, DEP wrote to ARM Group, the consulting firm that submitted the Final Report on behalf of Franklin and Marshall College rejecting the report. DEP is requiring ARM Group to submit an amended report that addresses numerous issues raised by CAARRT and members of the public at the April 6 hearing.
During the excavation, 25 drums containing hazardous waste were discovered. DEP, although it did not respond when it was notified of the finding, is now requesting additional information on the drums. The $46 million project is utilizing $32 million in tax dollars. CAARRT has been critical of the use of tax money for this project when there is a viable party responsible for the waste. The identity of the owner of the drums containing hazardous waste may enable taxpayers to recover some of the costs of the cleanup.
Specifically, DEP is requiring submission of a plain language summary section. The Pennsylvania legislature when it enacted the cleanup standards law in 1996 included a provision requiring cleanup reports to include a plain language summary section to enhance public understanding. This is the first time DEP has enforced that requirement.
DEP is also requiring the project partners to discuss inspections by DEP during the excavation that revealed 180 overweight trucks containing excavated material left the site.
The project partners previously claimed in a draft report to PennDOT that a Phase One Bog Turtle Survey had been performed. However, as best we can tell, only a search of a state database of known sitings of threatened or endangered species was performed. DEP is requesting the project partners reveal whether bog turtles were identified.
Finally, the state cleanup law required a public involvement plan. CAARRT has criticized the plan as inadequate. DEP is now requiring the project partners to discuss how that public involvement plan was implemented during the cleanup.
Although most of the waste has now been removed from the site, the groundwater is contaminated. CAARRT believes the project partners should not be released from liability for further cleanup of the groundwater.
FINALLY…