23 at general wayne elementary in malvern

Posted on August 30, 2023 by carla

On Tuesday, September 12, 2023, DEP will host an in person public meeting to discuss the Site and the implementation of the response action.
Location: General Wayne Elementary School – Auditorium
20 Devon Road, Malvern, PA 19355
Time: 6:30 pm -8:30 pm

Planning for additional pre-design investigation activities.

~PA DEP

Unless you have been living under a rock, you should have heard of Bishop Tube, that delightful toxic playground on Malin Road in East Whiteland. It is remarkably still up for residential development. Same guy as Rock Hill Farm proposed development in Willistown for you all new to this.

BISHOP TUBE PAGE ON DEP WEBSITE: CLICK HERE!

https://www.eastwhiteland.org/351/Bishop-Tube-Land-Development

https://www.delawareriverkeeper.org/ongoing-issues/bishop-tube-development-proposal

Media and Chester County Residents take note of this meeting.

“SLAPPED”…again

Posted on September 16, 2017 by carla

Social media page screenshotted above FIRST is one of the many pages which I follow. I am not an administrator or page owner. The SECOND screen shot is from the public docket –Case #2017-03836-MJ. The developer has filed for reconsideration.

Timing being everything, this all happened around the same time this week as State Senator Larry Farnese’s press conference in Philadelphia City Hall regarding the anti-SLAPP legislation currently pending in the PA house. (Visit this link http://www.senatorfarnese.com/farnese-delaware-riverkeeper-network-news-conference-on-anti-slapp-suit-legislation)

CLICK HERE to find out about the bill and please contact your State Representative in PA and urge their support. Residents in Chester County, please contact YOUR state representative and urge passage of this legislation. CLICK HERE to find out who represents YOU as a Chester County, PA resident.

And as I was asked to prepare a statement for the aforementioned press conference, here is what I wrote- Farnese Press Conference Philadelphia PA 9.13.2017

CLICK HERE for the link to the PA DEP page on Bishop Tube.

Thanks for stopping by.

slapp

Posted on July 19, 2017 by carla

19 July, 2017

Hello Dear Readers,

I am writing today to let you know that I am at present a victim of what is known as a SLAPP suit (Strategic Litigation Against Public Participation.)

Earlier this year, I was hit with a Cease and Desist in the form of something known in legal circles as a Writ of Summons. It was issued on behalf of developer Brian O’Neill and Constitution Drive Partners over the Bishop Tube Site in Malvern/Frazer in East Whiteland Township. It was sent to me by the West Chester and Chester County law firm of Lamb McErlane.

This whole thing also involves Maya van Rossum, who is The Delaware Riverkeeper , her non-profit The Delaware Riverkeeper Network, and people thus far referrred to as “John Does 1 -10”

Yes I know Maya. I used to live not too far away from her before I moved to Chester County. She lives in Radnor Township and I once lived in Lower Merion Township. As I have previously stated, Maya van Rossum is one of the most ethical, dedicated, and smart women I have ever met. I am honored to know her.

I actually had not seen Maya van Rossum in a few years in person before I turned around at that February 27, 2017 East Whiteland Zoning Hearing Board Meeting because I heard a familiar voice – hers. Others (unknown as to precisely who) had contacted her about this site. And I also think the folks from Trout Unlimited were there, and have also been at meetings (I never even knew what that non-profit was until all of this.)

Within a couple of days of that February 27 meeting, I injured my knee seriously enough to require surgery. My injury was to my right knee which meant I did not drive or even truly walk again until quite recently and even now the distances are brief. As I sat on the sidelines (which included NOT attending public or other meetings), many more public meetings happened. The whole debate of the Bishop Tube site in East Whiteland raged on (and continues to do so seemingly.) The DEP has been weighing in, along with State Representative Duane Milne, State Senator Andy Dinniman, even East Whiteland Township Supervisors.

The residents of General Warren Village also banded together and began to advocate for themselves as they live adjacent to this site. People from neighboring areas seemed to have joined them based on replays of public meetings I have watched over the past few months. And the Delaware Riverkeeper has persisted. (See this section on their website.)

This is democracy in action. When people take an interest in where they live, it is a powerful force. It is not easy for the residents involved, and it does take great courage, I applaud them.

As I have sat on the sidelines watching, this whole SLAPP thing has persisted. At its most basic, things like this are an affront to our inalienable rights to protest and speak. Our very rights are at risk, including that thing called the First Amendment:

First Amendment (As reprinted by the ACLU)

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

I am not the only one experiencing this (even on this topic) but when you are faced with this it feels so very and truly personal. Because in a way, it is. It is a challenge to those aforementioned freedoms we as Americans (regardless of political and religious persuasion) hold dear and even at times…take for granted.

It is because of situations like this I believe municipalities need to do better by us as residents. It is because of this that those we elect to the most basic of municipal levels, including the State House, State Senate, U.S. House and U.S. Senate need to do better by us.

As a perennial student of history, I have faith that the truth will indeed out. And I do indeed have representation. Mr. Samuel Stretton. A gentleman whose career I have followed off and on for many years and now have the privilege of knowing. Any questions may be directed to him.

I just thought it fair to let you my readers, neighbors, friends, and family know what was going on.

Thanks for stopping by

east whiteland reporting bishop tube site is OFF planning agenda for 3/22

Posted on March 20, 2017 by carla

Someone asked me about half an hour ago which meeting in East Whiteland was featuring Bishop Tube this week. I said I thought only the Planning Commission and they asked me WHERE it was on East Whiteland’s Planning Commission agenda.

HUH???

So I looked and lo and behold there is an AMENDED agenda…and Bishop Tube is postponed until the April 26th meeting.

WOW!!!!!!!!!!!!!!!!!!! Maybe it is just me, but could it be the shiny spotlight of public attention and outcry caused this?????? Or is it just a scheduling thing?

Recently we had Maya K. van Rossum opine in her professional capacity as the esteemed Delaware Riverkeeper. She has been a powerful and unexpected blessing to the concerned residents of General Warren Village. She showed up at East Whiteland Zoning a couple of weeks ago and then last week. (Other post found here “calling erin brocovitch”)

Interior of Bishop Tube 2017 – photographer unknown – found on a community page

Over the weekend Maya contacted residents to encourage them to write Dinniman and Milne’s offices ASAP (see instructions here.)

So as residents are busy writing letters and calling the PA DEP and so on, East Whiteland Planning Commission pulls Bishop Tube from the agenda? (Bishop Tube was discussed at recent Supervisors’ meeting – CLICK HERE.)

Why?

We may never know but keep writing those letters and making those calls, right?

I have to be honest that while I have issues with the density of the development plan (even if it wasn’t being built on a toxic waste dump of a land parcel), where the issues never abate and concerns continue to grow is with the Pennsylvania DEP. They are the constant from day 1 with Bishop Tube, and I think they concern me most of all (they are being so Limerick here aren’t they?)

So that being said, residents need to keep on going to meetings and call the DEP (717) 783-2300 is the main number in Harrisburg. (484) 250-5900 is the number to the Southeast regional office in Norristown. And keep calling State Senator Dinniman’s and State Rep Duane Milne’s offices too.

Bishop Tube is a site that could be redeveloped, but in my personal opinion with much less density AND after MORE remediation than is currently being discussed because of those buried vats or whatever that the former employees talk about and who can argue with that???

SEE:

I am guessing it is stay tuned on Bishop Tube, yes? But apparently Wednesday, residents get the evening off. For any questions of why they are no longer on agenda please call East Whiteland Township.

Final questions to leave everyone with: what does the EPA think of this site ? You would think they knew all about it, right? And what role or roles does politics play here and not merely local, but shall we say a larger scale?

Interior of Bishop Tube 2017 – photographer unknown – found on a community page

Somewhere on Bishop Tube site 2017 – photographer unknown – found on a community page

Read this old Washington Post article about what TCE and other contaminants did to a town years ago:

WASHINGTON POST: FORGING A ‘COVENANT OF SILENCE’

By Benjamin Weiser March 13, 1989

calling erin brockovich?

Posted on March 9, 2017 by carla

Now that got your attention, didn’t it? Calling Erin Brockovich?

Is that what Bishop Tube needs to get to the truth of that site?

I am waiting to see the meeting recording and for those in attendance to send me notes, but here are the comments of someone who was there, someone who spoke, and most importantly? Someone who worked there.

You see the people who worked there literally know where the proverbial, in this case chemical, bodies are buried. They also say dead men tell no tales except people talk about all of the time what happened to people who worked at Bishop Tube, lived next to Bishop Tube, worked around the TCE and whatever else at Bishop Tube, right?

So here, read these words. They are not my words. They are a powerful first hand account- when East Whiteland posts their meeting video (here is the channel of past meetings) it will be added to the post so it is irrefutable. This is also one of the people who has spoken to the media before – and who is extensively quoted in that Daily Local article written by Anne Pickering in 2007:

These gentlemen who worked at Bishop Tube have spoken their same truth consistently for years so I do not get how people have never heard about the above until last night? I spoke to one of the gentlemen yesterday and he’s sick. Bishop Tube poisoned these guys, so to me, if I was an elected official or some big mahatma with the Pennsylvania DEP, I would listen and act, but have they? Will they? Shouldn’t they?

So, if the developer can’t get what he wants (variance) he will pick up his proverbial ball and head back home on the Main Line or whatever? Is that what I am understanding? Even though when he bought the land circa 2005 he agreed to clean it up jointly with the PA DEP?

Allow me to quote (again) one of the more comprehensive articles ever written about the site that was in the Daily Local about the deadly history of Bishop Tube:

In 2005, Brian O’Neill of O’Neill Property Group purchased the site for $700,000 through his affiliate, Constitution Drive Partners, and signed an agreement with the state Department of Environmental Protection (DEP) to jointly clean it up. The plan is to keep the buildings and convert it for light industrial use.

I also have questions about the state of the art vapor mitigation system which people at the East Whiteland meeting were told last night remediated all that developer was required to do? Is this the air something (can’t remember the word) system that was designed by a company in Chadds Ford? The piece of equipment that someone said is broken and hasn’t worked in like 3 or 4 years? Is this what the DEP told the developer to do – to stop, they had done their part and the DEP was then supposed to come onsite to do more remediation only they never did?

I think this is related to an article I found from July 2014 that sometimes only shows up on a web cache:

Pa. Court Says Landowner Can’t Appeal DEP Agreement’s End

By Dan Packel

Law360, Philadelphia (July 18, 2014, 5:09 PM EDT) — A Pennsylvania court ruled Thursday that the owner of a contaminated tract of Chester County land could not appeal a Department of Environmental Protection letter ending an agreement in which the landowner agreed to take measures to rehabilitate the site in exchange for protection from liability.

The Pennsylvania Environmental Hearing Board said that the letter the DEP sent to Constitution Drive Partners LP — which purchased the site of a former precious metals and steel processing facility in 2005 — was not appealable because the letter itself had no effect on the company….When CDP bought the former Bishop Tube site in East Whiteland Township, it reached an agreement with DEP to take certain steps to remediate the existing soil and groundwater contamination, according to the opinion.

Then, in 2011, an independent contractor hired by CDP damaged piping and protective covering on a soil vapor extraction and air sparging system while conducting salvage operations on the site.

According to the opinion, CDP said that DEP had agreed that the repairs could be delayed until DEP was prepared to operate the system or the company intended to start redevelopment work on the site.

But in January, DEP sent the company the letter citing the 2011 damage and accusing the company of breaking the 2005 agreement.

And I found the The Pennsylvania Environmental Hearing Board docket sheet on the case, as well as final opinion and order which I downloaded (and uploaded here: Case Number 2014019)

Maybe I am just a simple person and I don’t get it. But what I don’t get is how so many people seem to know how deadly the toxic Bishop Tube site is? Is it the township doesn’t have to know where all of the contamination points are because that is the responsibility of the builder and/or developer? But what I don’t get about that is if the township is approving plans, aren’t they supposed to know all of these details to make the most educated decision possible? After all don’t taxpayers pay for the experts and solicitors to in fact know all of this?

What happens here if the remediation is not right? In addition to health, safety, and welfare down the road, what about the economic impact? As in future litigation on a toxic site that could bankrupt a small township?

Where oh where is the Pennsylvania Department of Environmental Protection in all of this? The good old PA DEP with the following mission statement right off their website:

The Department of Environmental Protection’s mission is to protect Pennsylvania’s air, land and water from pollution and to provide for the health and safety of its citizens through a cleaner environment. We will work as partners with individuals, organizations, governments and businesses to prevent pollution and restore our natural resources.

The above is their mission, they chose to accept it. So where in the heck are they? They have all of these side conversations with officials and developers and even residents, but are they like the CIA or something? Why don’t they come out of the shadows and into the light and tell us about their perspective on Bishop Tube? People like sunshine, right?

Why is it there has never, ever been a town hall meeting in East Whiteland with the PA DEP and out State Representative Duane Milne and State Senator Andy Dinniman and the developer about this? I have wanted to ask Andy Dinniman’s office staff this, but two phone calls and one e-mail within the last week have never been responded to. (Which of course is not satisfactory in the least, nor is it acceptable, is it?)

Here is the list of executive staff of the PA DEP (CLICK HERE) . The Acting Secretary is Patrick McDonnell and of course because he doesn’t actually wish to deal with the public you can’t email him off his page. But you can read about him on Marcellus Drilling News.

As a matter of fact, it seems that the PA DEP doesn’t want anyone to readily have access to email addresses to their staff, does it? So I was googling and found this name and address. Would they be helpful at Bishop Tube:

Stephan Sinding, Manager

Environmental Cleanup & Brownfield Program

484-250-5716

ssinding@pa.gov

Or perhaps this person?

Regional OfficesThe Environmental Cleanup and Brownfields program is responsible for the implementation of the Land Recycling Program and its affiliated procedures and policies through the following six regional offices.Southeast Regional Office
Thomas Canigiani, Program Manager
Environmental Cleanup and Brownfields
Southeast Regional Office
2 East Main St.
Norristown, PA 19401
Phone: 484-250-5960
tcanigiani@pa.gov

Or:

Dustin Armstrong, Environmental Cleanup and Brownfields Program, Southeast Regional Office, 2 East Main Street, Norristown, PA 19401, darmstrong@pa.gov

Written comments for the removal of the Chem Fab Site should be submitted to Colin Wade, Environmental Cleanup and Brownfields Program, Southeast Regional Office, 2 East Main Street, Norristown, PA 19401, cowade@pa.gov

So could the guy who is acting head of PA DEP have an e-mail as simple as pmcdonnell@pa.gov ?

Perhaps in an effort to be fair, we should NOT just throw everything regarding Bishop Tube on the developer because can’t it be said culpability also lies with the Pennsylvania Department of Environmental Protection too?

Here is the Southeast region phone directory:

DEP > About DEP > Regional Resources > Southeast Regional Office > Phone Directory

Here are a couple of basic numbers:

General Information

Main Switchboard and 24-hour Emergency number 484 250-5900

Environmental Complaints, weekdays 484 250-5991

File Reviews 484 250-5910

Fax Main 484 250-5914

The Director’s Office is 484-250-5942.

General Information
Main Switchboard and 24-hour Emergency number	484 250-5900
Environmental Complaints, weekdays	484 250-5991
File Reviews	484 250-5910
Fax Main	484 250-5914

PA DEP, come on down. Don’t be shy. Tell the good people of General Warren Village and the residents of East Whiteland Township and the residents of Chester County where you all as the agency set up to protect us are on Bishop Tube remediation, ok? The time for contemplation of the proverbial navel is over, you need to stand up and tell us all the truth, or shall we say some facsimile of the above?

As a community we need to talk about what Bishop Tube has done to residents and former workers, don’t we? Isn’t that the responsible, ethical, moral thing to do before a development gets built and people live there??? Make those companies that were there onsite pay for what happened? If those old companies are forced to pay up then doesn’t remediation happen, developer gets to build, people can be safe, affected people can get care? As in everybody is happy?

Remember these thoughts with regard to Bishop Tube:

Apparently, TCE is a non-aqueous (will not dissolve in water) liquid that is more dense than water and will sink through the soils and water and continue to penetrate further into the ground. Remediation of it requires more work than something simple like a gasoline spill. I would assume that means that means that even going 12 feet down may not be an acceptable fix given the length of time that the spills have been there.
Given the fact that this is a hillside community there is a significant concern of offsite contamination since this stuff travels downhill.

The Pennsylvania Department of Environmental Protection needs to man and woman up and come forward and speak to people about this out in the open. After all have they or have they not been in part guiding this developer/property owner since they acquired this property in 2005? The DEP can’t just sit behind the scenes talking with this person and that person any longer. This needs to be out in the open. That way there is a level playing field for East Whiteland, residents of General Warren Village, former employees of Bishop Tube, potential future residents of East Whiteland who might move to new townhouses constructed on the site, and the developer.

Residents are legitimately upset, the developer wants his project to move forward. People want a safe project from embryo stages to completed development and beyond. People want proper remediation, right? Time for the PA DEP to step up, right? Time for State Representatives and State Senators in the area to step up as well, right?

Call the PA DEP. Call Dinniman and Milne. Call the media outlets and ask them to contact all of them.

Yes, you can safely remediate brownfields sites. It is just knowing publicly what exactly is going on and what can be done. And shouldn’t the PA DEP just clean up this site once and for all anyway? Don’t they have the ability to do so? And lest we forget, the developer did not cause the contamination, manufacturing companies/concerns did. The cause of the contamination is apparent, it is the rest which is always murky.

And don’t sit there reading this post and call people NIMBY (Not in My Back Yard.) People have good reason to be scared of this site. And all anyone has ever wanted is for this site to be cleaned up. It’s not the simplistic blanket knee jerk reaction that people are anti-development. They want the site cleaned up.

And if there are kids still getting back there into Bishop Tube and homeless people, are they really safe? Kids are our future. Doing something on a lark might have consequences when they are adults, right?

Thanks

bishop tube and o’neill in front of east whiteland zoning monday february 27, 2017

Posted on February 23, 2017 by carla

19901979924_c9ab98eabc_o

It is once again, Bishop Tube season in East Whiteland. I last wrote about Bishop Tube this past January ( see toxic nightmare site bishop tube goes back to zoning…).

Well Bishop Tube was at Planning already this week, O’Neill is also speaking at an East Whiteland Business Networking event this evening – “Guest Speaker Brian O’Neill will provide insight on development in the East Whiteland area.”

Bishop Tube was postponed until February 27 Zoning, and somehow I doubt many residents impacted by Bishop Tube will be at the networking event this evening, but if I lived in General Warren Village I would go (but I digress).

zoning-2

Above is the legal notice for Bishop Tube in front of East Whiteland Zoning. I will note there is NOTHING posted on East Whiteland’s website about this February 27th meeting yet…but hey why stay on top of sunshine on a sunny day, right?

Anyway, I am supportive of the folks in General Warren Village, and even the Malvern Borough residents who will be directly impacted by this plan, so I am posting the following information written by a resident over there:

On Monday, February 27 at 7:15 there will be a township meeting to discuss the Bishop Tube Site project. Here is a brief overview from what we have learned so far.

Bishop Tube is the old manufacturing facility that is located at the end of Village Way and is accessed by Malin Rd and route 30, near the Giant Shopping Center. O’Neill Properties, who own this property now, wants to develop the site to include 228 town homes. They would be in rows of 3 to 7 in length and they are asking for a variance from the township for the rows that are greater than 6. In addition, they are asking for variances to change the natural slope in the land. This would be to excavate the area and provide an area for the new housing to be built. In order for the sloping to work they would need to add a retaining wall around the east side of the property, along the creek. The highest point of the retaining wall would be 18 feet. At the meeting, we couldn’t tell from the drawing how this would look or impact the residents on that side of the Village.

Within the property there are three areas where the previous owners reported the release of Trichloroethylene (TCE), which is a chlorinated solvent and is used commercially as an industrial degreaser. These areas would be cleaned up by soil excavation and would then become green areas. They discussed removing 6,700 cubic yards from the site as part of this cleanup effort. They also noted that the remedy for cleanup would be selected by DEP in 2017.

Another area of concern for Village residents is that they want to add emergency vehicle access from Village Way through to the new neighborhood. They are saying this would be needed because of the number of homes in the new development and because if there was a train derailment on the Malin Rd side, emergency vehicles would have to use Village Way to access this new neighborhood.

Please come to the meeting on Monday. Your presence will help us show a concern for our neighborhood and hopefully help the township make the right decision.
Here are some of the questions that we have so far…
Once that dirt is being excavated what is the impact to the air quality and ground water?

Will there be any additional ground testing to determine if other areas of the property have been impacted by contamination of TCE or other products?

What are the overall impacts to living in proximity to this cleanup effort?

How will the retaining walls look from our community?

Are we guaranteed that their will only be emergency access from Village Way?

So I wonder, are Benson Companies still doing the building? They are in spotlight in Chester County again, and not in a positive way for their planned development in Howellville in Tredyffrin aren’t they? I also wonder why so many units have to be shoved into/onto a toxic site? What about the potential issues down the road? Building slab on grade with no basements doesn’t necessarily mean any leftover chemicals that escape clean up will be encapsulated, right? And where are the DEP and EPA on this clean-up? Or is this all just going to disappear considering the new administration in Washington DC doesn’t seem to place much value on things that concern every day people?

Density. How much do we need? Do we live in Chester County so we can feel like we live in King of Prussia, Bensalem, and development ridden Mongtomery County up the 422 corridor???

None of this development is ever done with consideration to existing residents who pay taxes in an area. None of this development is ever done with keeping all the OTHER plans in a municipality and neighboring municipalities in mind. All of these developments show up on flat, out of context plans on a monitor at a zoning or planning meeting as if the are some sort of Valhalla complete with Elysian Fields.

Bishop Tube is no joke. It’s literally a deadly toxic site. So before they approve HUNDREDS of living units with variances that a lot of residents feel will further squeeze a getting over-developed township AND a school district and not for the positive, how about someone show folks that the place is cleaned up? Or publicly state (including to the media) exactly where the clean up is?

Yes, O’Neill has redeveloped many brownfields, built many units. But should we forget Riverwalk Millennium in Conshohocken? The multi-million dollar settlement to residents who lost everything and pets in that fire? Should we forget the battle in Massachusetts to keep him out of the Alewife forest? Sadly, in the end residents and nature lost that. The silver maple forest was lost when approvals were given for the Residences at Acorn Park, a $70 million, 299-unit apartment complex in the Belmont Uplands, which residents there did not want, did they? Or any of the developments in Lower Merion (Barker’s Mill and Rock Hill Road), a lot of which took years off the lives of residents attending meeting after meeting and what of the ones that never happened but stressed residents out?

And what about Portsmouth/Newport Rhode Island? Take a look at this:

Hard times for Carnegie Tower: Recession, soft market leaves luxury highrise in Portsmouth mostly empty

By Christine Dunn  Providence Journal Staff Writer Posted Jul 24, 2015 at 7:31 PM

PORTSMOUTH — With their designer kitchens and baths, private elevators and balconies with soaring views of
Narragansett Bay, the luxury condominiums at the Carnegie Tower have undeniable glamour.

But the 22-story tower, which opened in the summer of 2009, turned out to be a losing prospect for developer J. Brian O’Neill.

The 79-unit tower opened when the housing market was in freefall, and in 2012, 77 of the condos remained unsold….Within a few months after the opening, several prospective buyers sued to get their deposits back. And in 2012, O’Neill had to refinance to avoid a planned tax sale of 77 tower condos by paying the Town of Portsmouth more than $2 million in back taxes.

The final blow came in January, when the Pennsylvania-based builder turned over an estimated 68 of the condos to his creditors in a deed-in-lieu-of-foreclosure transaction.

Ok so look at that tower? Remind you of anything else? Perched on 202 at 29 in East Whiteland perhaps? Royal Worthington? Everything looks the same no matter where it is. Myabe if I was a Stepford wife I would be more appreciative, but I am not.

11754513_1023066781039606_1884189869366716865_o

But what is more concerning is the occupancy as in truly how many live there and in other surrounding developments. I also do not believe Eastside Flats in Malvern Borough is filled to capacity and what about that tower like thing on route 3 near Matlack? The Pointe or whatever? Any of the townhouse developments around? Atwater?

Pick a development. Pick a developer. There are so many, and that is kind of the point. Is there a real need or an artificially created need? Look at an O’Neill development proposed for Haddonfield, NJ? Residential, mixed use, and a drug rehab? Look at the density of that plan. It’s not just here – at it’s most watered down, developers all have a formula for profit, they just keep applying the same formulas everywhere they go. Toll Brothers is another example. Pulte. Ryan. Benson. And so on and so forth

This is how the vision of completed Worthington goes. Does this look like the Chester County you want to see? It looks like the King of Prussia mall!

All of these living units add people to our roads. They add kids to the school district. And no one ever talks about how that affects residents…until it is too late and communities are faced with a crisis.

I have no problem with developments that are thoughtfully planned with an existing community in mind. Only you RARELY see that.

Bishop Tube is a scary hot mess. And obviously there are still issues keeping the site secure because I just found a 2017 You Tube video about Bishop Tube. I never trespassed when I photographed. I shot from the street only.

The people who need to pack the room on Monday, February 27 are the ones with legal standing as this is a zoning matter. So that is at it’s most specific, General Warren Village residents, and on the border Malvern Borough residents. But I also encourage anyone who can, to go out and support these residents. That is the best thing a community can do when not all have standing. Packed board rooms send a message.

Stand up for your communities. If you don’t you will always get the short end of the development stick. Bishop Tube needs to be cleaned up before development occurs. It also needs less density.

Here is the January notice:

This photo was taken in 2010, long before I lived in Chester County. It was taken by d.coleman in June of 2010. I found it on Flickr. This is a screen shot of photo with attribution and description as found in yellow.
Photographers have been photographing Bishop Tube for years and I hear that high school kids find their way onto the site as well?

Look, O’Neill to an extent is a visionary…and a gambler. But I think to succeed where he has succeeded you can’t have one with out the other. And yes, he has been extraordinarily generous with East Whiteland’s fire company, but why is it no one in East Whiteland (much like Tredyffrin and elsewhere in Chester County) can seem to hit a pause button on development or to actually fight for residents so that development is not so painful? Because residents are the ones who pay the piper after the first blush of ratables is concerned. Residents deal with the traffic, infrastructure issues, basic services and first responder (police/fire/EMT) issues, overcrowding in schools.

There are so many developers, so many plans. But we live here too. And it is time for municipalities to hear us. Here is hoping residents totally pack the zoning hearing board on Monday February 27 at 7:15 PM at East Whiteland Township. And I hope the residents of General Warren Village represent.

The bottom line is something is going to get built on Bishop Tube. It’s a gross, toxic eyesore. But what gets built, how the remediation goes, and so on still has to do with how the community feels. If residents do not turn out, they will lose one of the few opportunities they have left to have a say.

My opinion is O’Neill can do this if he wanted do it with less density. Or he could offer another use for the property that wouldn’t impact residents so horribly. But people have to turn up and speak out. Because look at it this way: if this plan gets approved and sold to yet another developer, the community needs to lock in the plans to the best that the community can get and stomach. And most importantly to ensure the remediation is done the best it can be, right?

important bishop tube meeting december 9th in east whiteland

Posted on December 3, 2015 by carla

Bishop Tube. East Whiteland’s TCE albatross own by the developer Brian O’Neill. It sits like a dangerous slumbering giant on the heels of General Warren Village in Malvern. (Please note the cool old General Warren photos a friend lent to me to use.)

At the November meeting of the East Whiteland Board of Supervisors(which was recorded!) Bishop Tube came up again.

The representative for Developer O’Neill regarding Bishop Tube Site (9 Malin Rd?) [ on tape 78:07 – 90:25] was there. Anyway, there is a PUBLIC HEARING DECEMBER 9th in EAST WHITELAND (during Board of Supervisors Meeting) – Developer is looking for zoning relief. ( Malin Road Development Steep Slope Ordinance Amendment) Relief of steep slopes and this guy indicated that development CAN’T be built without it (what a pity that would be, right?)

Anyway, the guy was sort of posturing in my humble opinion (it is what he is paid to do, right?) and there were sliding comments to the effect of East Whiteland wants the site cleaned up and they need this steep slope accommodation, do I have that right? Well umm THEY SHOULD HAVE TO CLEAN UP BISHOP TUBE REGARDLESS, RIGHT???

Maybe I have listened to or attended too many O’Neill development meetings over the years but that sort of rubbed me the wrong way.

O’Neill will supposedly be at this public hearing. So listen up East Whiteland especially General Warren Village residents: if you worry about the site and the litigation over the TCE in the aquifer (i.e. chemicals leeching into ground and water), you need to attend this hearing. What was it someone said to me about Bishop Tube? That it was a potential flipper baby site? Crude and harsh but could be very true if not properly remediated, right? And how many residents of General Warren and former employees have died over the years from all sort of cancers? Is it all coincidence?

East Whiteland doesn’t have to say yes and I have to tell you Supervisor Bill Holmes expressed concerns several times. Supervisor John Mott was unimpressive and the other guy (Wrably?) didn’t open his mouth and sat there pretty much mute. Many thanks to Bill Holmes for getting it on this issue. I know I have been tough on Bill in the past, but I have to say I have taken the time to start to get to know him and he is a good guy.

BUT you can’t enact change or be heard on the record if you do not attend the hearing.

Again, as of now it is December 9th during next Board of Supervisors Meeting . You can listen to the back and forth on this recording at 78:07 – 90:25 .

I have been told about treatment some General Warren residents have received over the years for speaking out about things affecting them, and shall we say what I heard made me wince? And no, I am not recounting exactly what I have been told because I did not witness it, but I believe what I heard.

For anyone living in General Warren Village they have posted a zoning notice at the entrance of the Bishop Tube site regarding the steep slope protection. There will be a meeting on Wed, December 9th at 7:00PM at the East Whiteland Township building. No one can make you go, but suffice it to say you guys are the most directly affected and have the best standing. Although truthfully every resident and taxpayer in East Whiteland has standing. Standing means you have the right to be heard.

I am praying for a Christmas miracle. I am praying East Whiteland residents pack and rock this meeting December 9th.

And oh yes, that lawsuit in Federal Court over Bishop Tube? VERY ACTIVE.

United States District Court Eastern District of Pennsylvania (Philadelphia)

CIVIL DOCKET FOR CASE #: 2:15cv01919GJP
WARREN et al v. JOHNSON MATTHEY, INC. et al
Assigned to: HONORABLE GERALD J. PAPPERT

Cause: 42:6972(a) Solid Waste Disposal Act

URS B. FURRER
HARRITON & FURRER, LLP
84 BUSINESS PARK DR #302
ARMONK, NY 10504
9147303400
Email: ubfurrer@hflawllp.com

Defendant

CENTRAL AND WESTERN
CHESTER COUNTY INDUSTRIAL
DEVELOPMENT AUTHORITY
represented by ALAN PAUL NOVAK
LAMB MCERLANE PC
POBOX 565
24 EAST MARKET ST
WEST CHESTER, PA 19381
6104308000

Email: anovak@lambmcerlane.com
ATTORNEY TO BE NOTICED

HELEN J. ESBENSHADE
LAMB MCERLANE PC
24 E MARKET ST
WEST CHESTER, PA 19381
6104308000
Email: hesbenshade@lambmcerlane.com

ATTORNEY TO BE NOTICED

SARAH DAMIANI
CONRAD O’BRIEN
1500 MARKET ST
PHILADELPHIA, PA 19102
2158648069
Email: sdamiani@conradobrien.com

ATTORNEY TO BE NOTICED

Defendant

CONSTITUTION DRIVE
PARTNERS, L.P. (AKA O’NEILL DEVELOPMENT YES?)
represented by GARRETT DOUGLAS TREGO
MANKO GOLD KATCHER & FOX
LLP
401 CITY AVENUE SUITE 901
BALA CYNWYD, PA 19004
4844305700
Fax: 4844305711
Email: gtrego@mankogold.com

ATTORNEY TO BE NOTICED

SUZANNE ILENE SCHILLER
MANKO, GOLD, KATCHER & FOX,
LLP.
401 CITY AVENUE
SUITE 901
BALA CYNWYD, PA 19004
(610) 6605700
Fax: 4844305711
Email: sschiller@mankogold.com

ATTORNEY TO BE NOTICED

Defendant

is the bishop tube site in malvern completely remediated for environmental hazards?

Posted on July 23, 2015 by carla

Bishop Tube in Malvern PA courtesy of Abandoned Not Forgotten

It is a fairly simple question: has the Superfund toxic waste dump of a site known as Bishop Tube been completely remediated? And if not where is it in the process?

According to court records from 2005, the Bishop Tube site groundwater contamination was first formally recognized in 1980:

In 1980, Congress enacted CERCLA. Groundwater contamination associated with the
Malvern Site was first identified in the spring of 1980 in residential wells. (Pl.’s Resp. Ex. 2 at
56412.) In September 1983, the Malvern Superfund Site was listed on the National Priorities
List. (Id.)

Yesterday I wrote a post on Bishop Tube and the latest proposed development. I had the link to a health report. So…Ok look but the thing is this – that health report thing says a LOT about Bishop Tube. The site has been targeted as toxic and been investigated a bunch of time since 1972, correct? A cancer cluster was alleged in March 2007 by the community, correct?

Community folks reported 1-2 cancer cases in every household at that time, correct? A plume of contaminants from on-site has spread and is in the groundwater and local wells, correct? A creek flows through there. Traces of the crud have been discovered a mile away, correct? There has been activity to clean up the contaminants at the site, but is it REALLY complete? Until it is complete, crud will continue to move in the plume, correct?

Additionally, since I posted my post I have seen the post shared on social media. Residents of the area who grew up in and around General Warren have shared memories like this one:

” I remember being evacuated in June 1982 due to chemical spills and clouds of toxic stuff being in the air. Still clear in my mind since was studying for finals and we had to spend the night up in the old school in town. Also remember how my parents felt since there were fire police knocking on peoples’ doors to get out of their homes while the cops stayed in their cars and were using speakers to get people out.”

Lots of current and former residents who also had relative who worked for Bishop Tube have commented. And have you ever read any of the obituaries of people who worked for Bishop Tube? How many of those people died of cancer? Also getting a lot of reads is a 2007 Daily Local article that was part of a series on Bishop Tube:

“Keith Hartman and Dave Worst have many things in common.

They were both born in the 1950s, two years apart. They both grew up in General Warren Village, the modest, working class subdivision located south of Lancaster Avenue near the intersection of Route 29, and named for the historic General Warren Inne.

Like many of their neighbors in General Warren, Hartman and Worst worked at the nearby Bishop Tube Co.

Most significantly, the two men know of former Bishop employees who suffer from potentially fatal illnesses that they believe may have been caused by their exposure to trichlorethylene (TCE), a suspected carcinogen, during their tenure at the plant.

Hartman’s father, Lester Hartman, who worked alongside him at the plant, suffers from Parkinson’s disease, a neurodegenerative disease. Worst has stage two melanoma and lesions on his liver and kidneys that his doctors are monitoring.

According to a report from the U.S. Agency for Toxic Substances and Disease Registry, breathing high levels of TCE may cause nervous system effects, liver and lung damage, abnormal heartbeat, coma and possibly death.

Hartman and Worst can also run off a list of fellow Bishop Tube workers who either died from cancer or nerve diseases, or currently suffer from them.”

Ok so then you peruse all the East Whiteland Planning Commission meeting minutes you can find online that discuss Bishop Tube and here is a sampling:

EAST WHITELAND TOWNSHIP PLANNING COMMISSION MEETING February 25, 2015

ZONING ORDINANCE AMENDMENT; CONSTITUTION DRIVE PARTNERS (BISHOP TUBE) – RRD RESIDENTIAL REVITALIZATION DISTRICT.
Represented by Lou Colagreco, Esquire and Bo Erixxon and Chuck Dobson
The proposed ordinance is amending the “Table of Development Standard for Residential Districts” for the RRD Residential Revitalization District for the maximum tract density by reducing the number from 20 units to 12 units per developable acre. Other changes provide for reduction in setbacks from street and building spacing. The applicant had held a meeting with the adjacent tank farm owners and residents from General Warren Village. They have been able to satisfy the access of school buses, tanker trucks and emergency access under the railroad overpass. The total number of units being proposed has decrease from 303 to 264 units.

EAST WHITELAND TOWNSHIP PLANNING COMMISSION MEETING April 23, 2014

ZONING ORDINANCE TEXT AND MAP AMENDMENT – RRD –RESIDENTIAL REVITALIZATION DISTRICT – SOUTH MALIN ROAD – BISHOP TUBE

Represented by Lou Colagreco, Esquire, Brian O’Neill, Frank Tavani, John Benson

The applicant is requesting to add a new permitted residential district by amending Section 200-19 “Permitted Uses for Residential Districts.” The property is located on the south side of Malin Road formerly known as Bishop Tube property. The intent of the RRD Residential Revitalization District is to provide for and encourage reuse, redevelopment and revitalization of tracts that have undergone remediation. Mr. O’Neill advised that he has partnered with Benson Companies to construct townhouses on South Malin Road.

Mr. O’Neill stated that he met with the Township’s Fire Marshal who expressed his concern with the ability to handle a fire for multi-story structures at this location. Therefore, Mr. O’Neill has reduced the number of units to 305 down from 537 units. Density has been reduced by two-thirds from the original proposal. There will be no building on “hot spot” within the property, thereby, providing more green space. These “hot spots” will be capped. The new design is a rear entry building with 16 or 20 foot widths, three stories and approximately 1,900 sq. ft. The issue of a school buses being able to maneuver was investigated and determined not to be a problem. Changes to the intersection timing at Route 30 and South Malin Road will require modifications. Emergency vehicles only will have access to a keyed gate through Village Way. Members were advised that stormwater runoff will be controlled and the water will be cleaning before discharged to protect the Valley Creek. Discussion ensued.

Mr. David Babbitt presented his finding of the Fiscal Impact Study. He advised that the financial impact is positive for all entities: township, school district and county. He reviewed the report and stated that this development will not have a negative impact on the school district. Discussion ensued.

Members were advised that stacked townhouses are three and one-half stories tall and approximately 1,600-2,300 sq. ft. Mr. O’Neill addressed the screening for the units on the west side facing the tank farm and the exterior building materials being proposed. He offered to provide a four foot berm in front of the homes facing the tank farm for additional protection. Members suggested: 1) further review by the Fire Marshal for the new plan configuration; 2) traffic study review; and 3) approval of the building heights.

EAST WHITELAND TOWNSHIP PLANNING COMMISSION MEETING February 26, 2014

ZONING ORDINANCE TEXT AND MAP AMENDMENT – RRD –RESIDENTIAL REVITALIZATION DISTRICT – SOUTH MALIN ROAD – BISHOP TUBE

Represented by Lou Colagreco, Esquire, Brian O’Neill, Guy Wolfington

They are requesting to add a new permitted residential district by amending Section 200-19 “Permitted Uses for Residential Districts. The property is located on the southeast side of Malin Road formerly known as Bishop Tube property. The permitted uses are by right, special exceptions and conditional uses. The intent of the RRD Residential Revitalization District is to provide for and encourage reuse, redevelopment and revitalization of tracts that have undergone remediation.

Mr. O’Neill advised that the Bishop Tube property access is restricted due to the railroad tunnel. Various other development proposals have failed due to these restrictions. He is suggesting developing the property by demolishing the buildings. He will build 34 townhouses and 360 loft apartment with underground parking. There has been a cooperative effort from all parties to clean up the site. Discussion ensued concerning the safety limitations out of this area. Mr. O’Neill offered other developments where similar access limitation exists. He offered to provide the members a tour of these other locations he’s developed.

EAST WHITELAND TOWNSHIP PLANNING COMMISSION MEETING May 28, 2014

ZONING ORDINANCE TEXT AND MAP AMENDMENT – RRD –RESIDENTIAL REVITALIZATION DISTRICT – SOUTH MALIN ROAD – BISHOP TUBE

Represented by Lou Colagreco, Esquire, Brian O’Neill, Frank Tavani, John Benson

The applicant is requesting to add a new permitted residential district by amending Section 200-19 “Permitted Uses for Residential Districts.” The property is located on the south side of Malin Road formerly known as Bishop Tube property. The intent of the RRD Residential Revitalization District is to

provide for and encourage reuse, redevelopment and revitalization of tracts that have undergone remediation.

They are proposing to construct 305 townhouses. The density has been reduced by two-thirds from the original proposal. Mr. Colagreco stated that this most recent plan has been presented to Ken Battin, Building Official/Fire Marshal, and he gave a favorable review of this plan. Members were advised that they can satisfactorily comply with the items listed in McMahon Associates letter, dated May 23, 2014. Changes to the intersection timing at Route 30 and South Malin Road can be accomplished. A discussion ensued relative to the County Planning Commission review letter. The solicitor felt that they had not been given them credit for the revitalization. Ms. Woodman asked, if the two properties under agreement with the Benson Company, contained any contamination? She suggested that the applicant investigate Section 200-25.1 (A) which requires that the properties either will or have undergone remediation standards. To date, the Township has no “brownfield” notification on these two parcels. The applicant was advised the the surrounding community is interested in the status of the cleanup. Mr. Colagreco suggested that information be forward to the Township for incorporation on the website.

ACTION:

Mr. Laumer made a motion to recommend to the Board of Supervisors approval of the Zoning Ordinance Text and Map Amendments to creating a new RRD- Residential Revitalization District and applying this District in lieu of the current I-Industrial Zoning District designation on three parcels including the former

Bishop Tube property located on South Malin Road east of the Buckeye Tank Farm. The motion was seconded by Todd Asousa and the vote was unanimous.

Ok, so all this craziness mostly talks ONLY about HOW many units. From a couple hundred to over five hundred, to three hundred to two hundred and sixty four and apparently after last evening’s meeting oh goodie two hundred and thirty some odd units.

But where is everyone on where exactly is the remediation of this toxic site? As of April of this year (as in 2015 in case you read this post years from now), there is a Federal Law Suit filed that is NEW about this site. Filing a Federal suit (Bishop Tube et al 2015 litigation) is not something someone wakes up one morning and decides to do like putting on a blue shirt versus a pink dress. It is a little more complex and complicated is it not?

Oh and as pursuant to the resident remembering an evacuation in 1981:

So where is the remediation? I have been checking old HSCA Remedial Sites Listing and De-listing Dates on the web from the state and have NOT found any de-listing of Bishop Tube, so what is going on?

If this site is NOT completely remediated , why the cart before the horse scenario? Isn’t it a little bass ackwards to be discussing a development plan if a site is not completely cleaned up? And is it true it can take decades to properly clean up a site like this because you never know when little pools of toxic goodness will bubble up? And can’t these chemicals get trapped between rocks and stuff and get released anew if moved?

In 2007 State Senator Andy Dinniman talked a good game on TCE, or Trichloroethylene (reference July 2007 newsletter item “Dinniman Gets Tough on TCE“), so where is he now? Where is he on the Bishop Tube site? What about State Representative Duane Milne?

Ok so what about the court/legal pissing match between Constitution Drive Partners LP and the PA DEP?

Excerpt:

Philadelphia (July 18, 2014, 5:09 PM ET) — A Pennsylvania court ruled Thursday that the owner of a contaminated tract of Chester County land could not appeal a Department of Environmental Protection letter ending an agreement in which the landowner agreed to take measures to rehabilitate the site in exchange for protection from liability.

The Pennsylvania Environmental Hearing Board said that the letter the DEP sent to Constitution Drive Partners LP — which purchased the site of a former precious metals and steel processing facility in 2005 — was not appealable because the letter itself had no effect on the company…..When CDP bought the former Bishop Tube site in East Whiteland Township, it reached an agreement with DEP to take certain steps to remediate the existing soil and groundwater contamination, according to the opinion.

Then, in 2011, an independent contractor hired by CDP damaged piping and protective covering on a soil vapor extraction and air sparging system while conducting salvage operations on the site…..But in January, DEP sent the company the letter citing the 2011 damage and accusing the company of breaking the 2005 agreement…..CDP is represented by Jonathan Sperger and Lynn Rauch of Manko Gold Katcher & Fox LLP.

The DEP is represented by in-house counsel Anderson Lee Hartzell.

The case is Constitution Drive Partners LLC v. Commonwealth of Pennsylvania Department of Environmental Protection, case number 2014-019-M, in the Environmental Hearing Board.

So how does the above affect this potential development? And should there even been anything in the approval process of a municipality when remediation doesn’t appear to be complete and there is a Federal level law suit pending?

In 2007 the PA DEP out a press release which says in part:

DEP TO HOLD HEARING OUTLINING TREATMENTS FOR CHESTER COUNTY SITE CONTAMINATION

Public Invited to Comment on Plans for Bishop Tube Property

NORRISTOWN — The Department of Environmental Protection will hold a public hearing at 7 p.m. Tuesday, Jan. 30, to give residents the chance to comment on a proposal to address soil and groundwater contamination at the Bishop Tube site in East Whiteland Township, Chester County. The former industrial facility is being cleaned up under the Hazardous Sites Cleanup Act (HSCA), a 1988 law that authorizes DEP to investigate and clean up hazardous waste sites. “We have a unique opportunity at this site to partner with the current property owner to make sure that groundwater and contaminated soil can be treated simultaneously and efficiently,” DEP Southeast Regional Director Joseph A. Feola said. “We will present these plans at the Jan. 30 hearing for public comment.”

The site consists of a large area of contaminated groundwater associated with the former Bishop Tube Company. The company used, and most likely released, hazardous substances into the environment, including trichloroethylene (TCE), nitric acid, hydrofluoric acid and various heavy metals including nickel and chromium. TCE is of particular concern since it has been detected in groundwater on the former Bishop Tube property and in wells and springs off-site.

Although DEP activity on this site began in 1999, most recently, the agency has been concentrating its efforts on three distinct source areas of contaminated soil.

Last September, a DEP contractor installed monitoring wells to help determine the extent that contaminated groundwater from the Bishop Tube site is affecting the Little Valley Creek, part of the Exceptional Value Valley Creek Watershed.

From 1999 through 2006, DEP completed three phases of remedial investigation work at the site, mapping onsite soil contamination and conducting stream and sediment sampling while conducting groundwater investigation work. Within the last year, the agency has initiated a feasibility study to evaluate options for addressing the discharge of contaminated shallow groundwater to Little Valley Creek.

The 13.7-acre Bishop Tube property is currently owned by Constitution Drive Partners (CDP), who purchased the site in 2005 to redevelop it for commercial or light industrial use. As part of the site purchase agreement, CDP will finance the purchase and installation of equipment needed to remediate contaminated soils in the three source areas and work with DEP to address groundwater contamination issues. This will enable DEP to better coordinate cleanup actions with the developer’s plans to renovate the site for productive use.

So what happened? What is the latest? My research thus far that save development discussions as in how many units, will there be playing fields and so on I can’t find anything much over the past few years about where the clean up process is can you? Now yesterday on this contractor builder “smart bid” site I found an interesting drawing:

So these are hot spots and contaminated areas that they know of? (And isn’t it amazing this project is being all put out for bid consideration like it is a done deal? Is it a “done deal”?)

Last night I heard a handful of residents attended the East Whiteland Planning Commission Meeting. Early reports of citizenry perspective can be summed up in one word: disappointment. East Whiteland has a grave responsibility here don’t you think? Shouldn’t a plan with so many external balls in the air be tabled until things are settled? Like any litigation involving the site and site remediation being completed? What happens if they just close there eyes, hope for the best and approve without all of that stuff being taken care of? Litigation where the township could be added to, correct?

And a word to the wise to residents who think this plan doesn’t affect them: even if you don’t live in or around General Warren Village this affects you. Traffic, infrastructure, and costs associated with any future litigation over a site contaminated with toxic waste for starters, right? Couldn’t any potential township involved litigation related to this site be economically crippling to a municipality?

Residents in East Whiteland should stand with the residents of General Warren on this. Those people in General Warren have taken it on the chin with things like Cube Smart (and the stories of how some residents were treated are a little alarming, right?). The negatives thus far outweigh the positives of any development at Bishop Tube, don’t they?

And there is another thing to consider – so once upon a time there was this moratorium on development in East Whiteland. See:

Fate Of Debated Building Moratorium Hinges On E. Whiteland Race

By Susan Weidener, INQUIRER SUBURBAN STAFF

Posted: October 28, 1999

Town Eyes Construction Moratorium East Whiteland Would Take 18 Months To Develop A Comprehensive Plan. Some Say The Proposal Would Not Stand Up In Court.

By Susan Weidener, INQUIRER SUBURBAN STAFF

Posted: February 23, 2000

East Whiteland has no regrets on moratorium Such measures were recently struck down. Still, the break from development was valuable, officials say.

By Susan Weidener INQUIRER SUBURBAN STAFF

Posted: July 05, 2001

Ok so this went all the way to the State Supreme Court. And it was struck down. Which isn’t any great surprise given things like, oh I don’t know…. the Municipalities Planning Code and whatnot? At the time former supervisor Virginia McMichael was quoted as saying:

“We knew we were sticking our necks out a little bit, and people said we should wait to enact a moratorium,” Virginia McMichael, vice chairwoman of the East Whiteland supervisors, said recently.

“But by not waiting, we did have a year to work on our comprehensive plan without having to accept new plans, and that was helpful to us. Now, we’ve lost one of our arrows.”

The article continued:

The township’s 18-month moratorium was adopted in February 2000. It was suspended last July after the Zoning Hearing Board found it invalid because proper review procedures were not followed. Supervisors reinstated the moratorium in September.

On June 20, the state Supreme Court ruled that while a municipality can regulate land development, it cannot suspend it through moratoriums.

Eyes rolling. How much did Virginia’s Folly cost East Whiteland tax payers? We may never know, right? And the irony of this woman championing a moratorium on development back then and by the time she skeedaddled to wherever she went after she stepped down she was a champion of development and do I have that straight?

Who says you can’t have it both ways?

So if you do the math starting with plans that started getting presented when McMichael was still supervisor to the present day how many living units are in the works for East Whiteland? 1200+? 1500+? Or more?

East Whiteland is awash in a Where’s Waldo of development. But hey, since East Whiteland is working on another comprehensive plan maybe they should have a Groundhog Day and try another moratorium on development? (Kidding but if only it could happen, right?)

Look Bishop Tube is scary stuff. Why can’t they clean it up completely and get some sort of cleaned up certification from PA DEP or the EPA before proceeding on anything else? And why can’t East Whiteland ask for that?

And as far as development goes East Whiteland would be best served by taking a breath just because a developer decrees build it and they will come, it doesn’t make it so. Especially when you are talking about sites like Bishop Tube which have the distinct potential of becoming Silkwood meets Erin Brocavitch, right?

The bottom line here is we all have to care, all of us. We just have to. Can we say that lives and future lives depend upon it? Here is hoping in a strange collision of the universe that politicians and developers and municipal folk care about doing this one right.

Bishop Tube 20140908_Report_of_Findings Bishop Tube

Figure_12_-_TCE_Source_Area_Location_Map

Bishop Tube Environmental Impact Assessment

Chester County Hazard Vulnerability Analysis July 2009

PRESENTATION ON HAZARDOUS SITES CLEANUP FUND REPUBLICAN POLICY COMMITTEE HEARING DECEMBER 6 2007

Bishop Tube Earth Engineering Report Letter

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

Posted on July 21, 2015 by carla

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

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

Monday, Apr 20, 2015 @ 1:27pm by Dan Harkins PennRecord.com

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

The Daily Local By ANNE PICKERING Posted: 06/02/07

EAST WHITELAND — The Bishop Tube Co., now abandoned, is located on a 13-acre tract off Malin Road south of Business Route 30. It started operations at the site in 1951 manufacturing platinum and other precious metals as well as stainless steel. The plant was classified as a redraw mill that reduced stainless steel tubes to specific diameters.

The plant came to the attention of state environmental regulators in 1972, when high levels of flouride were detected in Little Valley Creek, a stream that flows next to the plant, and was later traced to discharges from the plant. There were two operations at the plant that utilized hazardous chemicals in large quantities in the manufacturing of stainless steel tubing.

One was the pickling operation that used nitric acid, hydrofluoric acid and other acids and the other was the degreasing operation that used trichlorethylene (TCE). In the pickling operation, the stainless steel was immersed in large tanks of acid to clean it prior to fabrication. The degreasing was a final step and the finished pipe was immersed in a large vat of TCE, a solvent, to remove grease….

In a 1985 report by a firm hired by Christiana, BCM Inc., one of the earliest reports in the DEP’s files, the company found TCE in groundwater up to 20,120 parts per billion. After the plant was abandoned in 1999 and the state started its own investigation, it found TCE in groundwater at greater than 1,000,000 parts per billion, according to a 2002 Baker Environmental Inc. report.

Trichlorethylene is one of the most pervasive pollutants found in contaminated sites across the country. According to the U.S. Agency for Toxic Substances and Disease Registry (ATSDR)

Ok so I found this report online from I think ATSDR:

BISHOP TUBE SITE
EAST WHITELAND TOWNSHIP, CHESTER COUNTY, PENNSYLVANIA

U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES Public Health Service Agency for Toxic Substances and Disease Registry Division of Health Assessment and Consultation Atlanta, Georgia 30333

On June 11, 2007, ATSDR received a petition to conduct “public health assessment activities” for the community surrounding the former Bishop Tube manufacturing facility in East Whiteland Township, Pennsylvania…..The 13.7 acre Bishop Tube site (Site) is located on the east side of Malin Road, south of US Route 30, in Frazier, East Whiteland Township, Chester County, Pennsylvania….

…..In June 2007, East Whiteland Township petitioned ATSDR requesting that the agency perform a “public health assessment” to gauge the impact the former Bishop Tube manufacturing facility has had on the health of former employees and residents who live in the neighborhood surrounding the facility. ATSDR spoke with a former Bishop Tube employee that worked at the facility as a mill wright and in plant maintenance. He reported experiencing acute TCE toxicity symptoms, including a “drunk feeling” and a tingly feeling on his skin.

This former employee is now being treated for asthma which he never suffered from before. ATSDR did refer the former employee and an additional former employee to the regional Association of Occupational and Environmental Clinics (AOEC) at the University of Pennsylvania for expertise in environmental and occupational health medicine. This former employee also informed ATSDR that (1) many employees from the facility have nueromuscular conditions and cancer, (2) his father worked at the facility and has Parkinson’s disease and respiratory problems, and, (3) hydrofluoric acid and nitric acid fumes were a problem at the site, in addition to asbestos in piping and the poor ventilation at the facility.

[READ ENTIRE REPORT BY CLICKING HERE:ATSDR Report on Bishop Tube]

So…Ok look but the thing is this – that health report thing says a LOT about Bishop Tube. The site has been targeted as toxic and been investigated a bunch of time since 1972 correct? A cancer cluster was alleged in March 2007 by the community correct? Community folks reported 1-2 cancer cases in every household correct? A plume of contaminants from on-site has spread and is in the groundwater and local wells, correct? A creek flows through there. Traces of the crud have been discovered a mile away, correct? There has been activity to clean up the contaminants at the site, but is it REALLY complete? Until it is complete, crud will continue to move in the plume, correct?

Ok so in 2008 another article was in the local papers – here it is in The Phoenix

Ex-owner agrees to clean up Bishop Tube site

By ANNE PICKERING, Special to The Phoenix Posted: 08/23/08

EAST WHITELAND — An agreement has been reached with one of the former operators of the Bishop Tube Co. that will lead to the start of groundwater testing off site, possibly in the residential neighborhoods close to the former plant.

The state Department of Environmental Protection has been pursuing former owners of the now-defunct plant to get them to pay for cleanup of the soil and groundwater at the heavily contaminated site….Johnson Matthey operated at the site in the 1960s and sold the plant in 1969. The company no longer manufactures stainless-steel tubing.

….In the course of stainless-steel tube manufacturing, TCE was used as a degreaser. At the time, it was thought to be harmless, but it leached into the groundwater and soil over the years and contaminated area wells. Everyone in the vicinity has municipal water. One family down from Bishop Tube drank the contaminated well water for a number of years before a filter was installed.

A connection between cancer and exposure to TCE is suspected but not proven, according to the Agency for Toxic Substances and Disease Registry, a federal public health agency.

The current clean water standard for TCE is five parts per billion.

Tests of groundwater at Bishop Tube have found levels of TCE as great at 20,000 parts per billion. The levels of TCE in Little Valley Creek are thought to be between 30 parts per billion and 70 parts per billion…..

Then after that I can’t find much. I found photos of the site mostly on Abandoned But Not Forgotten. I found them in 2005 litigation involving Action Manufacturing v. Simon Wrecking Co. and listed on a website that lists Superfund Sites. There was an article in 2011 in Patch discussing putting playing fields on the Bishop Tube site

The EPA had a report in 2008 . And then I saw it pop up in a DVPRC Malin Road Extension Feasibility Study in 2010.

Now they did show up in an Uptown Worthington Tax Increment Funding or “TIF” Proposal on East Whiteland’s website from 2008:

TIF equates to what are you going to give a developer in breaks to build:

Tax increment financing, or TIF, is a public financing method that is used as a subsidy for redevelopment, infrastructure, and other community-improvement projects in many countries, including the United States. Similar or related value capture strategies are used around the world.

So look, I don’t know about you but a sketch plan with this description for THIS site makes me nervous:

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

I have heard long term residents say this site shouldn’t be developed and well, yeah I concur. What the heck does East Whiteland need with another 264 townhouses on top of all the other development coming down the pike? Especially HERE?

And again, if there is active and current litigation involving this site and the heath hazards how is this even progressing right now?

If you live near Bishop Tube, I hope you attend the meeting. Anyone living in East Whiteland should contemplate attending. This is not a site where they can pour concrete on the ground and say all contaminants are capped. It might not mean anything to us in our lifetimes, but as a society of human beings I think we owe it to future residents to voice concern.

As a cancer survivor this is a very real fear: to move into an area with a lot of Super Fund sites that aren’t really all settled and cleaned up. When is the last time anything was comprehensively tested at Bishop Tube?

Constitution Drive Partners is owner by a GP named CONSTITUTION DRIVE PARTNERS ACQUISITION CORPORATION . This entity of course is in actually part of what? O’Neill Properties? Doesn’t this company have enough empty units to fill at that Royal Worthington in the back of Uptown Worthington with that million dollar view of Route 202?

Pa. Court Says Landowner Can’t Appeal DEP Agreement’s End

By Dan Packel

Law360, Philadelphia (July 18, 2014, 5:09 PM ET) — A Pennsylvania court ruled Thursday that the owner of a contaminated tract of Chester County land could not appeal a Department of Environmental Protection letter ending an agreement in which the landowner agreed to take measures to rehabilitate the site in exchange for protection from liability.
The Pennsylvania Environmental Hearing Board said that the letter the DEP sent to Constitution Drive Partners LP — which purchased the site of a former precious metals and steel processing facility in 2005 — was not appealable because the letter itself had no effect on the company.

When CDP bought the former Bishop Tube site in East Whiteland Township, it reached an agreement with DEP to take certain steps to remediate the existing soil and groundwater contamination, according to the opinion.

Then, in 2011, an independent contractor hired by CDP damaged piping and protective covering on a soil vapor extraction and air sparging system while conducting salvage operations on the site.

According to the opinion, CDP said that DEP had agreed that the repairs could be delayed until DEP was prepared to operate the system or the company intended to start redevelopment work on the site.

But in January, DEP sent the company the letter citing the 2011 damage and accusing the company of breaking the 2005 agreement….The case is Constitution Drive Partners LLC v. Commonwealth of Pennsylvania Department of Environmental Protection, case number 2014-019-M, in the Environmental Hearing Board.

The last thing on this for this post is this startling 2007 Daily Local article:

For Bishop Tube workers, danger lurked for decades

By Anne Pickering Posted: 06/04/07

Second of two parts

EAST WHITELAND — Keith Hartman and Dave Worst have many things in common.

They were both born in the 1950s, two years apart. They both grew up in General Warren Village, the modest, working class subdivision located south of Lancaster Avenue near the intersection of Route 29, and named for the historic General Warren Inne.

Like many of their neighbors in General Warren, Hartman and Worst worked at the nearby Bishop Tube Co.

Most significantly, the two men know of former Bishop employees who suffer from potentially fatal illnesses that they believe may have been caused by their exposure to trichlorethylene (TCE), a suspected carcinogen, during their tenure at the plant….

Hartman and Worst can also run off a list of fellow Bishop Tube workers who either died from cancer or nerve diseases, or currently suffer from them.

“The sad thing is I wish we knew then what we know now,” said Hartman in a recent interview.

Over the past several months, the Daily Local News has examined the story of a former manufacturing plant that has left a legacy of pollution in East Whiteland.

The Bishop Tube Co. was a plant that was abandoned by its owner possibly because of fear over liability for the pollution it created….In 2005, Brian O’Neill of O’Neill Property Group purchased the site for $700,000 through his affiliate, Constitution Drive Partners, and signed an agreement with the state Department of Environmental Protection (DEP) to jointly clean it up. The plan is to keep the buildings and convert it for light industrial use.

How did “the plan is to keep the buildings and convert it for light industrial use” become 264 townhouses?

If ever there was a time for a municipality to hit the PAUSE button, this could be that project, right? This is the potential for all sorts of yikes. And apparently this isn’t an O’Neill project any longer? It is a Benson project? As in the guy who was going to build behind Linden Hall in Frazer on Route 30 and save it? Only it is a little held up in DEP approvals or something?

But according to this the actual land hasn’t changed hands? So who is responsible for what??

Thanks for stopping by.

PS Remember the 2001 Inquirer article? When Sam Katz was going to put a sports center in? He never did and that is what they did with the former bubblegum factory/Superfund site in Havertown – they built a new YMCA.

Here is that article:

Katz seeks to build sports center in Chester County

By Susan Weidener and Sandy Bauers INQUIRER STAFF WRITERS

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.

chestercountyramblings

meandering through, writing about whatever strikes my fancy

Tag Archives: Bishop Tube Site

pa dep holding public meeting on bishop tube 9/12/23 at general wayne elementary in malvern

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“SLAPPED”…again

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slapp

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east whiteland reporting bishop tube site is OFF planning agenda for 3/22

WASHINGTON POST: FORGING A ‘COVENANT OF SILENCE’

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calling erin brockovich?

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bishop tube and o’neill in front of east whiteland zoning monday february 27, 2017

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important bishop tube meeting december 9th in east whiteland

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is the bishop tube site in malvern completely remediated for environmental hazards?

Fate Of Debated Building Moratorium Hinges On E. Whiteland Race

By Susan Weidener, INQUIRER SUBURBAN STAFF

Posted: October 28, 1999

Town Eyes Construction Moratorium East Whiteland Would Take 18 Months To Develop A Comprehensive Plan. Some Say The Proposal Would Not Stand Up In Court.

By Susan Weidener, INQUIRER SUBURBAN STAFF

Posted: February 23, 2000

East Whiteland has no regrets on moratorium Such measures were recently struck down. Still, the break from development was valuable, officials say.

By Susan Weidener INQUIRER SUBURBAN STAFF

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

Homeowners allege leeching of hazardous chemicals into aquifer under home

Bishop Tube facility started in 1951, now abandoned

Ex-owner agrees to clean up Bishop Tube site

Pa. Court Says Landowner Can’t Appeal DEP Agreement’s End

For Bishop Tube workers, danger lurked for decades

Katz seeks to build sports center in Chester County

By Susan Weidener and Sandy Bauers INQUIRER STAFF WRITERS

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By Susan Weidener, INQUIRER SUBURBAN STAFF

Posted: October 28, 1999

By Susan Weidener, INQUIRER SUBURBAN STAFF

Posted: February 23, 2000

By Susan Weidener INQUIRER SUBURBAN STAFF

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By Susan Weidener and Sandy Bauers INQUIRER STAFF WRITERS

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