Bishop Tube

What's New (July, 2026)

On July 15, 2026, DEP accepted the Data Gap Pre-Design Investigation Report Volume 1: Soil, prepared by DEP’s contractor, Groundwater & Environmental Services, Inc (GES). The Volume 2 report, which will include the results of all data gap pre-design investigation monitoring well and surface water sampling, is pending. See the Pre-Design Investigations Section below for links to the report and plans associated with this work.
 

Background

• The Bishop Tube HSCA Site consists of areas of groundwater, soil, and surface water contamination. Groundwater contamination at the Site flows beneath certain properties located along South Malin Road, Lancaster Avenue (US Rt. 30), Conestoga Road (PA Rt. 401), Morehall Road (PA Rt. 29), and Village Way.
  
  
• The known sources of the contaminated groundwater and surface water and areas of contaminated soil are located on the former Bishop Tube property ("Source Property"), currently owned by CDP.
  
  
• DEP's responsibility under the Hazardous Sites Cleanup Act ("HSCA") is to select a remedy that is protective of human health and the environment and complies with all statutory and regulatory requirements.
   

What is being done to clean up the Site?

• In September 2022, DEP selected a remedial response action to address soil, groundwater, surface water, and a residential drinking water supply.
  
  
• DEP plans to remediate the Site to a combination of residential Act 2 standards, based on the anticipated end use of the Source Property. DEP divided the Site into three operable units ("OUs"). The selected remedy includes
  • Operable Unit 1 (OU1) - In Situ Chemical Oxidation and/or In Situ Chemical Reduction (PDF) ("ISCO/ISCR"), coupled with soil mixing to address unsaturated and saturated soils impacted by Site contaminants of concern ("COCs");
  • Operable Unit 2 (OU2) - In situ injection of ISCO, ISCR or bioremediation amendments in the two primary chlorinated solvent source areas to address contaminated groundwater with engineering, and/or institutional controls, and long-term monitoring; and
  • Operable Unit 3 (OU3) connection of the residence with an impacted domestic well to the existing public water line.

• The total estimated present value cost of the final remedial response action is $8.1M.
  
  
• The impacted residential property was connected to a public waterline in June 2023.
   

Consent Decree

• On March 6, 2026, DEP entered into a proposed consent decree and a proposed Qualified Settlement Fund Agreement with Whittaker Corporation (Whittaker), Johnson Matthey Inc. (JMI), Marcegaglia USA, Inc. (Marcegaglia), and Constitution Drive Partners, L.P. (CDP) to fund remediation efforts of the Site.
  
  
• An electronic copy of the proposed consent decree and the proposed Qualified Settlement Fund Agreement is available to review here: 2026 Bishop Tube Consent Decree (PDF). The Qualified Settlement Fund Agreement is Appendix D to the consent decree.
  
  
• A listing of the key provisions of the Consent Decree, including a schedule of the deadlines is available to review here: 2026 Bishop Tube Consent Decree Key Provisions (PDF)
  
  
• The companies have agreed to establish a qualified settlement trust fund to fund the Remedial Response Action at the Site:
  • JMI and Whittaker, jointly, have agreed to pay $7,335,000;
  • CDP has agreed to pay $1,250,000; and
  • Marcegaglia has agreed to pay $400,000.  
    
    
• JMI, Whittaker and Marcegaglia have agreed to establish a reserve of $2,500,000 for any additional response activities which may be necessary based on the current Data Gap Pre-Design Investigation.
  
  
• CDP has agreed to serve as the site remediator (referred to as the Settlor Work Party in the proposed consent decree), to utilize the money in the trust to perform Remedial Response Action activities in accordance with DEP’s Statement of Decision for the Site.  Among other things, the consent decree provides for DEP oversight and approval of CDP’s work and establishes deadlines for the submittal of work plans and reports.
  
  
• On March 14, 2026, DEP published notice of the proposed Consent Decree and the proposed Qualified Settlement Fund Agreement in the PA Bulletin and the Daily Local News. DEP accepted public comments through May 14, 2026.
  
  
• DEP is in the process of compiling all comments received and plans to publish a Response to Comments document in September 2026.
  
  
• On March 27, 2026, the Delaware Riverkeeper Network submitted two letters on behalf of itself and others, requesting that DEP extend the public comment period on the consent decree to six months.
  • 3/27/2026 - Bishop Tube Consent Decree Public Comment Community Letter (PDF)
  • 3/27/2026 - Bishop Tube Consent Decree Public Comment SignOnLetter 1st Submission (PDF)
    
    
• On April 9, 2026, DEP responded by letter, indicating that the 60-day public comment period will not be extended. DEP noted that the consent decree did not change the selected remedial action. The consent decree provides for the funding, framework, and schedule for the implementation of the selected remedy.
  • 4/9/2026 - DEP Response Letter to request for public comment period extension (PDF)
     
• On April 9, 2026, DRN acknowledged receipt of DEP’s letter, and provided updated copies of the letters referenced above with additional signatures.
  • 4/9/2026 - Bishop Tube Consent Decree Public Comment Community Letter (PDF)
  • 4/9/2026 - Bishop Tube Consent Decree Public Comment SignOnLetter 1st Submission (PDF)
     
• In addition, DRN responded to DEP’s April 9,2026 letter. DEP responded in an email on April 16, 2026.
  • 4/9/2026 - DRN response letter to April 9, 2026 Letter of Denial of Public Comment Extension (PDF)
  • 4/15/2026 - DEP email response (PDF)

What's Next

• Following the completion of both volumes (Soil and Groundwater) of the Pre-Design Investigation Report DEP will schedule a public meeting to discuss the results.
  
  
• DEP has the right to withdraw its agreement to enter into the consent decree and/or the Qualified Settlement Fund Agreement, if the comments disclose facts or considerations which indicate that either or both settlements are inappropriate, improper, or not in the public interest.  DEP will respond to any significant written comments received pursuant to the notices of proposed settlement. After DEP responds to comments and decides whether proceeding with the consent decree and/or the Qualified Settlement Fund Agreement is appropriate, proper, and in the public interest, both settlements would become effective only when the US District Court enters the consent decree.

Report an Environmental Health Concern

Community Outreach

• On November 9, 2021, a Virtual Public Hearing was held.
  • Remedial Alternatives Presentation 2021 (MP4)
  • Remedial Alternatives Presentation 2021 Slide Presentation (PDF)
    
    
• On September 12, 2023, DEP hosted an in person public meeting to discuss the Site and the implementation of the response action.
  • Community Update Presentation (PDF)
    
    
• DEP will plan additional public meetings, as needed, to discuss Site progress.

Additional Information