what bishop tube looks like (and more legal stuff filed)

DSC_8760I went to Malin Road and stood outside the fences of Bishop Tube today.  Totally creepy and deserted.  I was glad to see an unmarked police car do a drive by a couple minutes after I got there, the place gave me the willies.

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I took photos from outside the fencing on the road. What a weird feeling to be out on such a gloriously beautiful day, yet there was the overwhelming creepiness of the Bishop Tube Site, all abandoned and the only way to describe it was the place seems to radiate negative energy.  Don’t see how that feeling will be eradicated by plastic townhouses marching row after row.  The site doesn’t appear to be particularly secure and given what appears to be vandalism, nor does itappear as if it has been for years has it?

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Staring at the site, I couldn’t help but wonder where the PA DEP was on this? I can find on the Internet where they were in the past, but not in the present. Or the EPA, which is so screwed up just read THIS and THIS and THIS.  Here let me share this:

The EPA Should Resign in Shame over Orange River

Let States Step Up to the Plate on the Environment

The cause? None other than a mistake by the US Environmental Protection Agency. The Wall Street Journal reported details on the incident Sunday, noting that the spill was initially downplayed by the EPA, and that it was much larger than first reported. Most importantly, as of Sunday, the mine is still releasing wastewater at a rate of about 500 gallons per minute. The pollution incident is ongoing.

This latest toxic release is yet another example of the EPA spectacularly failing at its primary mission. As I’ve expressed in this space before, the government is not particularly competent at environmental remediation and management.

When you read things written by critics of the PA DEP, it is often not much better. Look these government agencies have good intentions but they all seem to get in their own way and in the end are the accomplishing their goals of protecting all of us?

Just check out this article from 2014 about fracking contaminating drinking water :

The Pennsylvania DEP has been criticized for its poor record of providing information on fracking-related contamination to state residents. In April, a Pennsylvania Superior Court case claimed that due to the way DEP operates and its lack of public record, it’s impossible for citizens to know about cases where private wells, groundwater and springs are contaminated by drilling and fracking.

“The DEP must provide citizens with information about the potential harm coming their way,” John Smith, one of the attorneys representing municipalities in the lawsuit, told the Pittsburgh Post-Gazette. “If it doesn’t record and make available the violations records then it is denying the public accurate information, which is unconscionable.”

When is the last time the PA DEP or EPA took a good look at sites like Bishop Tube in Pennsylvania?  These aren’t new sexy disasters, they are plodding along existing trouble spots so now that there don’t appear to be lots of  government money floating around for clean up ( a la “Growing Greener“) who cares about these toxic sites like Bishop Tube?

Now the PA DEP mentions Bishop Tube in it’s 2014 report, yes but it isn’t in so much detail is it? I found the annual reports on the DEP website which crashes a lot. So where are State Representative Duane Milne and State Senator Andy Dinniman on Bishop Tube?  Aren’t they supposed to be looking after Chester County residents on this topic as well?

I happened to check the court dockets on the Bishop Tube litigation mention in prior posts when I came home and there are a few more filings on the case of ordinary hard-working people vs, everyone involved around Bishop Tube.  Here are the two most interesting:

Plaintiff Memorandum Response Bishop Tube 2015

Amended Complaint With Jury Demand Bishop Tube 2015 Aug 12

Apparently although The Daily Local did that curtain raiser of an article a couple of weeks ago, no other media seems interested in a toxic superfund site in bucolic Chester County? Or are there media inquiries and other inquiries starting to foment and ferment behind the scenes?

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Here are a couple of gems from all this legal stuff:

From the plaintiffs’ memorandum (2:15-cv-01919 (GJP) filed 8/10/15):

Table of Auth

Page 4: “The Plaintiffs have alleged that, during the Defendants’ respective ownership and operation thereof, they discharged hazardous substances into the environmental which have migrated onto and into the Plaintiffs’ property including the Plaintiffs’ drinking water. It is further alleged that the Defendants have failed to remediate the contamination, the regulatory authorities have failed to require the Defendants to remediate the contamination and additional response work will be necessary.”

Page 6 “It is alleged in the Complaint that, during their respective periods of ownership and operation of the Bishop Tube site, the Defendants used or permitted the use of hazardous substances, including trichloroethylene (“TCE”), during the manufacturing processes for their seamless stainless steel and other products and that, as a result of the Defendants’ ownership and operations at the Bishop Tube site, hazardous substances, including TCE, were disposed into the environment, including the Bishop Tube site’s soils and groundwater. See Complaint,¶¶34-35. It is further alleged that subsurface migration of contaminated groundwater from the Bishop Tube site has and continues to contaminate the aquifer beneath the Bishop Tube site and beneath off-site premises including the Plaintiffs’ home. See Complaint, ¶36.”

Page 7 “Accordingly, in or about 1999, the PADEP took over response actions at the Bishop Tube site, which included periodic sampling of soil, surface water, groundwater, vapor intrusion pathway analysis and maintenance of monitoring wells in the contaminated aquifer as well as the installation of a soil vapor extraction and air sparging system designed to capture and remove contamination from subsurface soils at the Bishop Tube site. See Complaint, ¶¶42-43.

However, none of the Defendants have taken any steps to actively remediate the contamination that originated on the Bishop Tube site, which has and continues to migrate onto the Warren property and neither the EPA nor the PADEP have taken any steps to compel such remedial activity. See Complaint, ¶44. Further response action is necessary to abate the release of the hazardous substances at the Bishop Tube site which have and continue to migrate onto the Warren property. See Complaint, ¶45.”

A Notice of Intent to Sue was served on all Defendants as well as the EPA and PADEPon December 8, 2014, to which no one responded”

Page 11: “III. Plaintiffs’ RCRA Claim Must Not Be Dismissed

Johnson Matthey next argues that the Plaintiffs’ RCRA claim must be dismissed because it does not adequately allege an “imminent and substantial endangerment to health or the environment” and because the State is diligently addressing the contamination.

However, as described in detail above, the Complaint alleges that TCE contamination from the Bishop Tube site has migrated into the Plaintiffs’ well water. TCE is a volatile organic compound “used mainly as a solvent to remove grease from metal parts, but it is also an ingredient in adhesives, paint removers, typewriter correction fluids, and spot removers.

Trichloroethylene is not thought to occur naturally in the environment. However, it has been found in underground water sources and many surface waters as a result of the manufacture,use, and disposal of the chemical.” There is evidence that TCE affects the developmental and nervous systems in humans and is also carcinogenic. Specifically, there is evidence that TCE can cause kidney cancer and limited evidence for non-Hodgkin lymphoma and liver cancer as well as various tumors in animals. See United States Centers for Disease Control and Prevention, Agency for Toxic Substances and Disease Registry, Toxic Substances Portal for TCE, http://www.atsdr.cdc.gov/substances/toxsubstance.asp?toxid=30 (last visited August 7,2015).

Accordingly, it is respectfully submitted that it is disingenuous for Johnson Matthey to claim that Plaintiffs have not adequately alleged sufficient imminent and substantial endangerment to health or the environment to sustain a RCRA claim.”

Page 13: “Conclusion

Simply stated, in support of their federal CERCLA and RCRA claims, the Plaintiffs have alleged that: (1) the Defendants, including Johnson Matthey, discharged hazardous substances, including TCE, into the environment at the Bishop Tube site which have migrated onto the Plaintiffs’ property and, specifically, into their drinking water; (2) that the Defendants have failed to remediate the contamination; (3) that the regulatory authorities have failed to require the Case 2:15-cv-01919-GJP Document 6 Filed 08/10/15 Page 12 of 13 10 Defendants to remediate the contamination; and (4) that additional response work will be necessary. Indeed, TCE is a carcinogenic. Based on the foregoing, it is respectfully submitted that the Plaintiffs have alleged sufficient facts, which must be presumed true for purposes of this Motion, to withstand a Motion to Dismiss pursuant to Rule 12(b)(6) of the FRCP”

From First Amended Complaint With Jury Demand:

Page 5: 37: “During their respective periods of ownership and operation of the Bishop Tubesite, the Defendants used or permitted the use of hazardous substances, including trichloroethylene (”TCE”), during the manufacturing processes for their seamless stainless steel and other products.”

 TCE

const dr ptnerbish tuNegligence Bishop Tube80 81Ok above are just snippets of the legal documents, quotes, excerpts. You can read for yourself the entire thing as they are uploaded in this post:

Amended Complaint With Jury Demand Bishop Tube 2015 Aug 12

Plaintiff Memorandum Response Bishop Tube 2015

I did not create any of this it is all on the court record.

I am a cancer survivor. I would not wish that on anyone. I have also known people who have seen their children through cancer and trust me, it is too gut wrenching for words. In my opinion based on the research available to publicly peruse, this is site is toxic is it not? And then there is General Warren Village.  Those residents deserve peace of mind don’t they?  They have always been directly affected by Bishop Tube haven’t they?

I am a realist. This might be a creepy site but it is this chunk of land that developers are salivating over (don’t know if they are glowing in the dark from walking around it, however.) This site will be made into something although really it should be cleaned up and left alone since it is also my opinion that this site will take years to properly remediate, and can’t you agree that is reasonable?

But the thing is this: a plan like that not only affects people who want their piece of the American Dream and want to live in gorgeous Chester County who might purchase these cram plan slab on grade no basement wonders if they are built, but potentially every east Whiteland resident in the future, correct?

How can East Whiteland say for certain they would not ever become a party over litigation surrounding this site?  They can’t, can they?  And they have an obligation to current and future residents to see beyond the shiny promises of developers oh so familiar to them, see beyond and some new ratables  down the road, and must put their heads down and see that this site is properly remediated and even get alternate land uses investigated, right? The bottom line is the owner of the land knows how to remediate this properly, they have the experience, correct?

Approving a development plan here while this litigation is ongoing and remediation isn’t complete can be considered a case of putting the cart before the horse, yes? And why is it all we hear is about the developer planning on “capping vapors” with the concrete slabs for the townhouses, yet the current litigation mentions aquifer again and again which is ground water, drinking water, and so on, right? A little different from vapors, right?

East Whiteland has a lot of development balls in the air and should we worry about how the land planning with all the developer driven zoning overlays are getting done?

East Whiteland, you have to do this right. Lives depend upon it. Please.

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bishop tube in malvern up for huge residential development – discussion at east whiteland meeting july 22nd

Abandoned Bishop Tube in Frazer PA as found on Abandoned But Not Forgotten Website

Abandoned Bishop Tube in Frazer PA as found on Abandoned But Not Forgotten Website

My late father always told me that I should check the Saturday papers for news that is meant to escape most and that if someone wants to slip important things past a populous, do it in the dead of summer.

Maybe it is just a coincidence, but one of the most notorious toxic waste sites around is being discussed in East Whiteland Township tomorrow, July 22nd – Bishop Tube on Malin Road in Frazer:

 PLANNING COMMISSION
EAST WHITELAND TOWNSHIP
REVISED MEETING AGENDA
July 22, 2015
Workshop – 7:00 p.m.
Public Meeting – 7:30 p.m.

4.  Malin Road Development – former Bishop Tube Site – Sketch Plan
S. Malin Rd & Route 30 – RRD – Residential Revitalization
District – to permit 264 townhouses

The abandoned Bishop Tube Company of Malin Road in Frazer (East Whiteland) as featured on Abandoned but Not Forgotten website

The abandoned Bishop Tube Company of Malin Road in Frazer (East Whiteland) as featured on Abandoned but Not Forgotten website

Ok yes, it is abandoned. I assume these buildings are still there? I have never gone back there. But I remember reading about this site dating back to the 1980s and 1990s.

As a matter of fact and more than a little alarming is the fact that a law suit was filed this past April as in 2015 about Bishop Tube. And it has been closed, empty, abandoned for YEARS now, right?

Of course this never made the news around here did it? Or was it some little tiny mention that evaporated?

Homeowners allege leeching of hazardous chemicals into aquifer under home

Bradley and Paula Gay Warren filed a lawsuit filed April 19 in U.S. District Court Eastern District of Pennsylvania against: Johnson Matthey Inc.; Bishop Tire Co.; Whittaker Corp.; Christiana Metals Corp.; Central and Western Chester County Industrial Development Authority; Electralloy Corp.; Marcegaglia SPA; Marcegaglia USA Inc.; and Constitution Drive Partners.   According to the lawsuit ….the defendants used and disposed the environment of hazardous chemicals, including trichloroethylene, during the manufacturing of seamless stainless steel and other products.

“As a result of the defendants’ ownership and operations at the Bishop Tube site,” the lawsuit states, “hazardous substances, including TCE, were disposed into the environment, including the Bishop Tube site’s soils and groundwater. Subsurface migration of contaminated groundwater from the Bishop Tube site has and continues to contaminate the aquifer beneath the Bishop Tube site and beneath off-site premises including the plaintiffs’ home.”

In 1980, the lawsuit states, the Bishop Tube site was included in a liability information list by the U.S. Environmental Protection Agency. The Warrens seek the court’s assistance in making Bishop Tube’s subsequent owners “prevent any further endangerment and also all costs, including attorney and expert witness fees.”

The case is real and active – click on Bishop Tube et al 2015 litigation

Ok so can they go forward with land development discussions while litigation like this is pending? And read what the article is saying.

Bishop Tube was something I was aware of before I lived out here. They were marked by the EPA in 1980 , and was mentioned in an article in 1992 in the Philadelphia Inquirer when President George Bush (as in the father) was in the area touring tube plants.

Then in 2007 there was an article in The Daily Local

Bishop Tube facility started in 1951, now abandoned

Katz seeks to build sports center in Chester County

Posted: March 21, 2001

Using public and private financing, a development company owned by Sam Katz, the former Philadelphia mayoral candidate, wants to build a $17 million sports center on a contaminated industrial site along Route 30 in Chester County.

The center, with ice-skating rinks, indoor soccer fields and a wellness center, would be on the former Bishop Tube manufacturing site in Frazer, in East Whiteland Township.

Abandoned two years ago, the 17-acre property – a brownfield, or environmentally contaminated site – is near the Route 202 high-tech corridor….

Katz would set up a nonprofit, tax-exempt entity that would qualify for public money, including low-interest loans or bonds and grants, to clean up the site and build the facility……This is the first brownfield site Katz has proposed developing.

The land would remain in the hands of the Central and Western Chester County Industrial Development Authority (IDA), an affiliate of the Chester County Development Council, a private, nonprofit organization………

East Whiteland is the only township in Chester County with a building moratorium. The 18-month moratorium is set to expire in February 2002. Township officials declined to comment on the Katz project, saying that they had not heard about it nor seen the proposal.

East Whiteland experienced its peak growth in the 1950s. In the last 10 years, census figures show, the population has grown 11 percent, from 8,398 to 9,333.

If the sports facility were built, it probably would draw from an area much wider than the township…..

Robins said planners envisioned a state-of-the art building, designed with “green technology,” incorporating recycled materials, passive heating and other techniques that would “have a minimum impact on the environment.”

“What we like is, one, here’s a site that for the most part, is a scar on the environment. By making it a green building, not only do we correct that imbalance, but we also take it to the positive side. The building starts to give back,” Robins said.