close

Land purchase by Cecil faces uncertain future

3 min read
article image -

Cecil supervisors took steps Monday toward possibly backing out of a deal for the township to share the cost of cleaning up the site of a former coal mine and chemical-making operation with a multinational corporation and then becoming the owner of the 87-acre property.

A majority of supervisors did so, first voting formally to fire Tucker Arensburg – the Pittsburgh law firm that advised officials during the drawing up of the purchase agreement – and then authorizing township solicitor Gretchen Moore to “investigate and provide legal assessment” of written agreements with the Swiss technology firm ABB and the state Department of Environmental Protection to buy the land in Muse.

Supervisor Ron Fleeher – who took office after the board voted in November 2017 to move forward with the deal – and his colleagues Frank Egizio and Cindy Fisher approved those decisions this week. The dissenters, board Chairman Eric Sivavec and Tom Casciola, support the purchase, which if it moves forward will involve cleaning up the soil and water at the vacant site, which is partly covered by a gob pile.

A coal mine was located there from 1923 to 1953. From 1953 until the 1980s, various chemical recycling and manufacturing operations took place there.

In 1990, ABB acquired the last owner, Combustion Engineering. CE had entered a consent agreement with the DEP in 1980, and completed soil remediation on part of the site in the 1990s. The groundwater was never part of the remediation. Neither was containment of the gob pile.

Egizio, Fisher and Fleeher previously said there was too much uncertainty surrounding the project – including about the total costs – for the township to become responsible for it. Most residents who spoke during a packed meeting on April 25 also questioned the plans.

“We wouldn’t take this action tonight if it wasn’t what we truly believe was the right decision for the township,” Fisher said.

During the meeting two weeks ago, she and Casciola argued over whether she and her allies on the board had dismissed Tucker Arensberg attorneys Brad Tupi and David Mongillo. During an executive session two days earlier, officials had asked Tupi about getting out of the agreement and – according to their recollection – he told them he’d negotiated a binding contract and they should seek a second opinion.

The sale agreement called for the township to lead the remediation of the site along Muse-Bishop Road then take it over. Township officials said they planned to build a new public works building there. The purchase price was $10, with the township agreeing to pay $450,000 toward bringing the soil up to the standards laid out under Act 2, the state law that allows owners of former industrial properties to clean up their property and be released from environmental liability.

The township also engaged the Allegheny County environmental firm American Geosciences Inc. to assess what kind of work would be needed at the site.

ABB had agreed to indemnify the township from liability for any environmental problems not covered by Act 2 for 12 years after the DEP granted the clearance. The closing of the sale was contingent on the clearance being granted, so the township can walk away if that turns out to be impossible.

Mongillo said in an interview last month that so far “all indications” were that “it looks like (the clearance) is going to be achievable.” He didn’t immediately return a message Tuesday morning.

Township officials applied for a $1.9 million mine-reclamation grant in August for work on the site, but are still waiting on the outcome of that request.

CUSTOMER LOGIN

If you have an account and are registered for online access, sign in with your email address and password below.

NEW CUSTOMERS/UNREGISTERED ACCOUNTS

Never been a subscriber and want to subscribe, click the Subscribe button below.

Starting at $3.75/week.

Subscribe Today