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Council ratifies borough involvement request in Act 2 cleanup at 100 School Lane and 41 Second Avenue
Summary
Phoenixville Borough Council ratified staff’s request to be “involved” in a Toll Mid-Atlantic Act 2 notice of intent to remediate at two properties so the borough will receive project and public materials under Pennsylvania’s Act 2 process.
Phoenixville Borough Council on March 11 ratified staff’s earlier request that the borough be designated an ‘‘involved party’’ under the Pennsylvania Land Recycling and Environmental Standards Act (commonly called Act 2) for Toll Mid-Atlantic’s planned voluntary cleanup at 100 School Lane and 41 Second Avenue.
Borough solicitor and staff explained that the Act 2 notice of intent to remediate triggers a 30-day municipal window to request involvement. The borough requested involvement so that Toll Mid-Atlantic must provide additional information to the borough and to the public, though the borough is not committed to any particular cleanup outcome by making the request.
"We are not required to have any specific involvement once we request to be involved," the solicitor said, adding that the Pennsylvania Department of Environmental Protection (DEP) oversees the cleanup plan review and inspects cleanup work. The solicitor told council the cleanup plan had not yet been issued and that requesting involvement assures the borough receives future submittals.
Council voted to ratify the staff letter requesting involvement (motion carried 6-0). Borough staff said the request preserves the municipal right to review and comment on forthcoming cleanup plans and to receive the records Toll legally must provide under Act 2.
