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Per the terms of the agreement, the settling defendant will submit a work plan for
the design of the remedial action. The remedial plan will include excavating and
removing contaminated soils and other waste materials; long-term monitoring of
groundwater to determine if the source control measures are effective in reducing
contaminant concentrations; and implementing institutional controls to prevent
residential use of impacted groundwater and preserve the integrity of the remedy.
The plan requires the approval of the EPA and allows the Commonwealth an
opportunity for review and comment before the plan’s implementation.
The site, located at 15 South Bacton Hill Road, in East Whiteland Township,
Chester County, is a 79-acre property formerly owned by the Foote Mineral
Company. The property was the location of Foote Mineral’s Frazer Facility, which
produced lithium chemicals and processed a variety of ores. As a result of the
activities previously conducted on the site, the groundwater beneath the site is
contaminated with boron, lithium, chromium, bromate, and organic chemicals,
including benzene and tetrachloroethylene. The soils are contaminated with
petroleum hydrocarbons and hazardous wastes from the processing of ores as well
as with low-level radiation believed to be the residual from mineral ores. The Foote
Mineral Facility was closed in 1991 and the buildings were demolished. The settling
defendant acquired the property in 1998, for the purpose of residential development,
with knowledge of the contamination and with the agreement to assume the
liabilities associated with cleanup of the site.
The site was added to the EPA’s National Priorities List in October 1992. Under the
proposed settlement, the settling defendant will conduct the remedial action selected
in the EPA’s March 2006 Record of Decision.
The settlement was lodged in the U.S. District Court for the Eastern District of
Pennsylvania and is subject to a 30-day public comment period. A copy of the
consent decree will be available on the Department of Justice Web site at
http://www.usdoj.gov/enrd/Consent_Decrees.html.
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