Deal reached to clean up toxic Bishop Tube site in Chester County

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Three industrial manufacturers will pay $11.4 million to go toward the cleanup of toxic contaminants at the site of the former Bishop Tube metal manufacturing facility after reaching a settlement with Pennsylvania’s environmental regulators.

The site in East Whiteland Township, Chester County, has been tainted for decades with toxic trichloroethylene chemicals, known as TCE.

The commercial-grade solvent is commonly used as a degreasing agent for manufactured metal parts. Prolonged exposure to TCE can cause neurological, cardiac, reproductive and developmental health problems.

Several businesses manufactured stainless steel tubes at the 13.7-acre site from the 1950s until 1999, contributing to various types of pollution.

Under the agreement reached earlier this month, the site’s former operators — Whittaker Corporation, Johnson Matthey Inc. and Marcegaglia USA Inc. — will fund cleanup efforts.

“Responsible parties should be held accountable for cleaning up these old contaminated industrial sites in the Commonwealth,” said Department of Environmental Protection Secretary Jessica Shirley in a statement. “I applaud the dedicated staff who have worked tirelessly to ensure the site will be addressed in a manner that is protective of human health and the environment and the cooperation of the four companies that came together to fund the cleanup of the site.”

Meanwhile, the real estate developer Constitution Drive Partners has agreed to manage remediation under the direction of the DEP. The developer has proposed building townhomes on the site, but the yearslong plan has stalled after facing a number of legal challenges from environmental groups.

East Whiteland Township Manager Steven Brown said the township supervisors should decide on the development plan by the end of May. Any potential development would likely need additional permits.

Constitution Drive Partners, which plans to build 86 townhomes on the site, and the parties named in the agreement have not responded to requests for comment.

Maya Van Rossum, leader of the Delaware Riverkeeper Network, said the latest agreement does not benefit nearby residents who have been impacted by decades of pollution.

“Constitution Drive Partners is being placed in charge of the remediation, and yet they have an ongoing economic interest in this remediation plan happening as quickly as possible, so that they can undertake their development project. That is wholly inappropriate,” she said.

The settlement includes more than $8.9 million to remediate the site, and an additional $2.5 million in reserve for “certain additional response actions” to address any contamination detected in the future.

The proposed cleanup plan involves injecting chemical oxidants through the ground, prompting a chemical reaction that will destroy harmful contaminants and produce harmless byproducts. The process is conducted in place, without having to excavate soil or pump out groundwater for aboveground cleanup.

In addition to TCE, DEP has reported high levels of toxic PFAS chemicals in the groundwater. The so-called “forever chemicals” are widely used in consumer products, and are linked to serious health problems.

For years, the Delaware Riverkeeper Network advocated for the site to be converted to natural open space by an independent organization. The Riverkeepers filed a lawsuit in 2019 against DEP and East Whiteland Township over what they called a “sweetheart deal” with Constitution Drive Partners to speed up development.

Van Rossum said she believes the language in the settlement isn’t strong enough to ensure the developers will fully remediate the site.

“What we can see from the face of the proposal is that there are serious red flags here where the driver is economics, and politics — it is not the environment, it is not communities, it is not health and safety, it is not what is right for the people of East Whiteland and those who live downstream from this site,” she said. “It is being driven by the goals and the needs of the developer.”

DEP is accepting comments on the settlement until May 14. Written comments can be sent to Dustin A. Armstrong, environmental protection specialist at DEP, at 2 E. Main St., Norristown, Pennsylvania 19401, or by email to RA-EP-SEROECB@pa.gov and darmstrong@pa.gov. The public is asked to include “Bishop Tube Public Comment” in the subject of the email or letter.