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Council approves site-access agreement letting Toll Mid Atlantic test wastewater plant property
Summary
Council approved an environmental site access agreement permitting Toll Mid Atlantic LP to perform limited soil testing on the borough wastewater treatment plant property as required by the Department of Environmental Protection; agreement requires Toll to remediate any contamination found on borough property.
Phoenixville Borough Council voted Aug. 12 to approve an environmental site access agreement allowing Toll Mid Atlantic LP to enter specified areas of the borough wastewater treatment plant property to conduct limited soil testing.
Borough counsel explained the background: Toll is pursuing redevelopment at 100 and 41 Second Avenue, and the Pennsylvania Department of Environmental Protection has required testing of adjacent parcels as part of a cleanup plan. The agreement permits Toll to perform soil testing at identified locations on borough property to a depth of not more than six inches and includes liability protections for the borough. "If any contamination is found, Toll will be required to do the cleanup of the contamination on the borough property regardless of whether it moves forward with their proposed development or not," the solicitor said.
Council discussion was limited; a motion to approve the agreement passed without recorded opposition. The agreement contains procedural conditions and cleanup requirements reflecting the borough's operational needs for the wastewater treatment plant and is intended to protect the borough from liability while allowing DEP-required environmental work to proceed.
Next steps: The borough will execute the access agreement and coordinate conditions and schedules with Toll and borough operations; the solicitor noted specific cleanup procedures and liability protections are part of the agreement.
