Bishop Tube

What's New (March 13, 2026)

Pre-Design Investigation

In August 2025, DEP tasked a contractor, Groundwater & Environmental Services, Inc (GES) to perform the data gap pre-design investigation. See the Pre-Design Investigations Section below for links to the plans associated with this work. Updated investigation status information is provided below:

• On March 6, 2026, GES completed the soil boring activities.
  
  
• On March 10, 2026, the monitoring well installation work began. The monitoring well will be drilled in the northeast corner of the Bishop Tube property, accessed from the west end of Village Way. The planned location of the monitoring well is depicted in Figure 7 of the work plan.
  
  
• Site groundwater and surface water sampling will follow the well installation activities. All monitoring well and surface water samples will be analyzed for PFAS.
  
  
• Health and safety precautions are set forth in Appendix A – Site-Specific Health and Safety Plan of the work plan.

As we conduct these activities, you may see DEP employees and DEP contractors accessing the Bishop Tube property from both Malin Road and Village Way. If you have any questions or concerns during our activities, please do not hesitate to contact us directly using the contact information on this web page.

Consent Decree

On March 6, 2026, DEP entered into a proposed consent decree 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. DEP is accepting public comments relating to the consent decree and the trust agreement (Appendix D) for sixty (60) days until May 14, 2026. The consent decree is not effective at this stage. See the Consent Decree Section below for further details.
 

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 will publish notice of the proposed Consent Decree in the PA Bulletin and the Daily Local News.
  
  
• DEP will receive and consider comments relating to the proposed consent Decree and the proposed Qualified Settlement Fund Agreement until May 14, 2026.
  
  
• How to submit comments:
  • by mail to
    
    Dustin A. Armstrong
    Environmental Protection Specialist
    Pennsylvania Department of Environmental Protection
    2 East Main Street
    Norristown, PA  19401 
    
    
  • by email to RA-EP-SEROECB@pa.gov  and darmstrong@pa.gov.  Please include “Bishop Tube Consent Decree Public Comment” in the subject of the email.

What's Next

• Following the completion of all pre-design investigation activities, a pre-design investigation report will be prepared and posted on this website, and 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