The Pennsylvania Department of Environmental Protection (DEP) issued five administrative orders yesterday, two to the Department of Homeland Security and three to local authorities – one to each of Schuylkill County Municipal Authority (SCMA), Tremont Township, and Upper Bern Township. The orders direct that water and sewage cannot be supplied to the warehouses DHS has recently purchased to use as detention centers — and that the buildings cannot be occupied — until DHS demonstrates compliance with federal and state environmental regulations.
“Based on what the Department has learned about DHS’s plans to convert two commercial warehouses into detention centers for 9,000 people, there are serious concerns about the environmental impacts of these actions. The conversion of warehouses to detention facilities risks harming the communities in and around Tremont and Upper Bern townships, overwhelming their sewage facilities and exceeding the available drinking water supply,” said DEP Secretary Jessica Shirley. “Doubling the populations of these areas could drain drinking water sources and lead to polluted waterways from overwhelmed sewage facilities leaking raw waste into our streets and rivers. Just like anyone else, DHS needs to demonstrate its facilities comply with environmental standards.”
In two separate orders to the Department of Homeland Security, DEP directed the federal agency not to use the Upper Bern or SCMA sewer systems for any proposed detention facilities until it has been proven that DHS can safely do so. The orders further specify that holding tanks and septic systems are not allowed without required permits. Additionally, DEP directed DHS not to use SCMA infrastructure for drinking water nor use the private well at the Upper Bern Township warehouse for the proposed facilities without legally required DEP approval. DHS has been directed not to occupy the buildings until the applicable legal requirements are met.
The orders to Tremont and Upper Bern Townships prohibit occupancy of the warehouses until further sewage planning and permitting is obtained from DEP and prohibits each Township from accepting sewage from holding tanks or portable toilets without further authorization. Each Township operates a sewage treatment plant that could need to be redesigned and significantly modified to receive the amount of expected wastewater from a detention center.
The order to SCMA prohibits providing drinking water to a detention center from the SCMA Tremont water system, which protects against excessive strain on a water infrastructure system that is already being supported through emergency measures. For sewage, DEP similarly ordered SCMA that it could not provide sewage service or accept sewage from portable toilets at the detention center without further permitting and approval from Tremont Township and DEP.
Permits or approvals from DEP are needed for the construction and operation of all changes to drinking water and sewage treatment systems.
The orders can be found here:
Department of Homeland Security:
Schuylkill County Municipal Authority
Tremont Township
Upper Bern Township

