Carroll Citizens for Sensible Growth
Northern York County, Pennsylvania
DEP Regulations and General Permits are inadequate and ineffective
in protecting PA Commonwealth Environmental Interests and
Public Health, Safety, and Welfare.

Recent property transactions and construction plans for sites where
Treated Ash Aggregate was placed brings to light the inevitable…

PA NEEDS TO ADDRESS DEP FAILURES, SHORTFALLS, AND LOOPHOLES:
Contamination concerns arose as we learned of a 30-foot hand-dug well on adjacent property. This confirmed a shallow
groundwater table in the area. We hired a hydrologist to review the A.R.M. Group study. Errors and lack of due diligence were
discovered. DEP ignored our findings.

We implored DEP to file baseline samples from wells, surface and groundwater for future impact studies. According to DEP, only
public systems can be tested. We requested deed restrictions or other protocol to inform future property owners as to where
AggRite has be placed, of construction restrictions and physical limitations of the material.
All of our requests were denied.

There are now two York County sites where recent buyers were not informed of the presence of AggRite. In Franklin Township;
Michael Sunday property purchased by a Mechanicsburg business, “Track Builders.”  In York; a retired public golf course
purchased by York Memorial Hospital for expansion.  On this 100 acre golf course, the exact location of the AggRite placement is
unknown.

In 2005, we turned to York County Conservation District to seek an avenue of protection.  AGGRITE was not a material covered
under their regulations. YCCD must treat their evaluations of treated ash aggregate in the same manner as common soil. They rely
on DEP’s judgment, guidance, and jurisdiction. While DEP regulations require materials to be compatible with natural soil, the Penn
State and B&B Studies show AggRite greatly (thousands) exceeds naturally occurring heavy metal levels in PA soils. The Beneficial
Use Permit was issued with the knowledge of DILUTED TEST SAMPLES: A hand-written note in DEP’s files shows AggRite test
samples were 20% treated ash aggregate and 80% natural aggregate!

DEP cites the AggRite on Sunday’s property as “used in construction to bring area to level/grade." This contradicts Title 25 271.811,
Authorization for General Permit, (a)(3)(g), specifying DEP will NOT issue a general permit for "fill,” and General Permit under Use
Restrictions:A3. The Loophole: “DEP does not define “fill” or “valley fill” and therefore could not prevent such use.” (J. Krueger,
Waste Pgms Mgr, now retired)

When thousands of tons of AggRite was placed prior to municipal approvals, Franklin Township learned DEP does not contact
municipalities about waste material placement, leaving this task to the land owner. (FT letter)

Under PA's Chesapeake Bay Tributary Strategy:
"Pennsylvania's watershed approach is a "bottom up," citizen based structure to address environmental issues locally." – (pg 30)
This cannot be accomplished when DEP protocol allows Corporate self-monitoring and ignores citizens’ concerns and complaints.

FYI: In the case of Marcellus Shale Gas Drilling, DEP’s FRAC permit allows Oral reporting of incidents in lieu of written
documentation…