Friday, February 10, 2012
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By Steve Mocarsky smocarsky@timesleader.com
Staff Writer
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An agreement was reached Monday between a state agency, an Edwardsville company, and an environmental group regarding the use of river dredge in a controversial mineland reclamation project in Hazleton.
The move averts the need for a second round of appeal hearings scheduled for Monday before the state Environmental Hearing Board in Harrisburg.
According to the settlement, Citizen Advocates United to Safeguard the Environment, Hazleton Creek Properties and the state Department of Environmental Protection will develop and implement an enhanced groundwater monitoring plan for the site.
The environmental group, known as CAUSE, appealed the issuance of two state permits allowing Hazleton Creek to use silt dredged from the bottom of waterways to fill strip mining pits and cap landills on 277 acres on the city’s south side. They fear pollutants could leach from the dredged material and contaminate area groundwater.
In November, the board declined to revoke one of Hazleton Creek’s permits, but conditioned its use on the development of an improved groundwater monitoring plan.
Once CAUSE is satisfied with the new plan, the group will withdraw its appeals.
According to the settlement, Hazleton Creek will continue to monitor data from some wells onsite but will add five wells within six months.
Tom Yurick, president of CAUSE, said some of the new wells “will finally reach mine pool depths hundreds of feet beneath the surface.” CAUSE had argued current wells were not deep enough.
“Accessing the mine pool is something we felt was absolutely critical,” CAUSE attorney Michael D. Fiorentino, of the Mid-Atlantic Environmental Law Center, said. “Without data from the two mine pools beneath the site, we had little confidence that a monitoring network would give us a valid indication of current water quality and the effects of the new dredge (mixture) on that quality,” Fiorentino said.
Yurick said it’s unlikely the additional wells would have been drilled had CAUSE not pursued the appeals process.
The reclamation project, which has been strongly advocated by Mayor Lou Barletta, would result in more than 10 million cubic yards of dredge, coal ash and kiln dust being placed at the site under a general state permit.
After years of strip and underground coal mining, hazardous and other industrial wastes had been dumped there for decades. In the 1980s, the site narrowly missed placement on the national Superfund list.
Hazleton Creek manager William Rinaldi has said company officials intend to build an amphitheater and business park there after reclamation is complete.
Hazleton Creek has been operating under another permit that allows dredge fill to be used for infrastructure work in preparation for the larger project.
CAUSE had challenged this DEP permit decision as well. Hearings on that appeal were scheduled to begin Monday.
Rinaldi said the settlement does not prevent Hazleton Creek from continuing to operate under either DEP permit.
“While HCP firmly believes the current groundwater plan is adequate, HCP will move expeditiously to enhance the existing groundwater and surface water monitoring plan with the installation of additional groundwater monitoring wells and other protective measures which should provide the citizens of Hazleton with a further level of confidence that the project is being conducted in a manner protective of public health and safety,” he said.
Rinaldi said company officials can focus on completing the remediation/reclamation project in a safe manner and allow “the timely future redevelopment of this property which will provide substantial economic benefits to the citizens of Hazleton.”
The state DEP will review the enhanced groundwater monitoring plan, and work with Hazleton Creek and CAUSE to implement it.
Until the five new wells are drilled, additional monitoring devices known as lysimeters will be placed for monitoring.
DEP will split samples of the groundwater monitoring wells with the company in the first and sixth months to establish baseline data. DEP will sample all monitoring wells two years after the plan is approved, then every five years thereafter.
Results will be shared with CAUSE.
Steve Mocarsky, a Times Leader staff writer, may be reached at 459-2005.
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