The Hazardous Sites Cleanup Act (HSCA), 35 P.S. § 6020.101, et seq., gives the Department the authority to seek reimbursement for public funds spent on Department-funded cleanup actions from persons responsible for releases of hazardous substances. As part of the HSCA process, the Department will be pursuing cost recovery from all known responsible persons.

At this point, the full extent of environmental contamination at the Site has not been determined. The planned investigation will identify the level and extent of contamination at the Site and risks to human health and the environment. This information will assist in determining the potential uses of the Site. The Department is not directly involved in determining who may own or reuse the Site; however, we can assist interested reusers of the property in understanding potential liabilities of the Site and pathways to address those liabilities.

The schedule for reuse is unknown at this time. The planned investigation will identify the level and extent of contamination at the property. This information will assist the Department and any interested parties about potential next steps including additional investigation and/or cleanup remedies.

During the investigation phase of the HSCA process, the Department staff will work directly with the Department-approved contractors in developing a work plan and overseeing investigation activities for identifying the level and extent of contamination at the Site. If the Department takes on cleanup actions following the investigation, there will be formal public input opportunities including public comment period, public meeting, and a public hearing regarding the chosen remedy.

The investigation will be conducted by a Department-approved contractor. HSCA staff will oversee the contractor and review all documents. Initially, the Department will meet on Site with the contractor and discuss the Scope of Work for the project. The contractor will then develop a Work Plan for the Department’s review and approval. Field investigation activities will include the installation of monitoring wells and sampling of surface water, soil, sediment, and subsurface groundwater and soil. There will be at least two rounds of sampling, especially groundwater. The contractor will submit a Data Summary Report and then a Final Report following the completion of all sampling activities.

The contractor’s Work Plan will identify specific sample locations within the Site. Depending on the media sampled, each sample will be analyzed for a wide range of parameters which may include volatile and semi-volatile organic compounds, metals, general chemistry, and PCBs.

The contractor’s Work Plan will identify specific sample locations which may include surface water and sediment along the shoreline of Lake Erie. The data will be reviewed for concerns of off-site migration of contamination from the Site to Lake Erie. Note: In 2019, the Department’s Waterways and Wetlands Program/Office of the Great Lakes investigated water and sediment on Lake Erie in the vicinity of the Site. That information is available for review at the Northwest Regional Office.

The Department’s investigation will focus on the Erie Coke Corporation property (Site). At the completion of the investigation of the Site, the Department will review the Final Report and decide on the next steps of its work, including whether to conduct any additional sampling or cleanup actions.

The Work Plan will be made available as a public document once it is deemed final.

Outside groups can submit information to the Department; however, the Department’s decisions will be based on data collected by the Department’s staff and/or its contractors.

Not necessarily. Although both the Tonawanda Coke facility and the Erie Coke Corporation property shared ownership and produced a similar product, the factual circumstances of the sites, and the laws governing the cleanup and cost recovery activities are different. Therefore, the ultimate outcome of cleanup and cost recovery activities may be different.