POTTSTOWN -- Over the past 10 years that polluted water leaching
from the Pottstown Landfill has been treated at the borough’s
sewer plant, the level of arsenic permitted in the leachate has
been exceeded at least six times, but no fines were ever levied,
an analysis of monthly reports has revealed.
The permit which governs the limits on dangerous substances in
the leachate -- there are many other than arsenic -- is issued by
the Pottstown Borough Authority, which operates the wastewater
treatment plant on Industrial Boulevard.
The permit allows the borough authority to issue violations that
"may result in the imposition of civil and/or criminal
penalties of up to $25,000 per day per violation."
However, since 1990, when the current leachate treatment contract
between Pottstown and Waste Management Inc., was enacted, only two
notices of violation were ever issued against the landfill, and
both those were later retracted at the request of the landfill’s
owner, Waste Management Inc., the reports show.
Authority officials explained that the permit allows a polluter to
exceed the limits for certain pollutants and not be subject to a
violation as long as it causes no adverse effects at the sewer
Instead, the polluter is charged an extra "surcharge"
for exceeding the permit levels.
‘Not of Public Interest’
Waste Management officials referred questions on the issue of its
arsenic "exceedances" to the authority, but added in an
e-mailed statement "with all due respect, the questions you
are asking are not, in our opinion, matters of public interest,
and are not relevant to the wastewater treatment agreement, and
involve isolated descriptions of events that are as much as 10
The landfill’s issues with arsenic, however, are not isolated
events so much as a part of an ongoing campaign to have its limits
The last time the leachate’s arsenic level exceeded its permit
limits was Feb. 20, 1998, according to the reports, which were
obtained with a Freedom of Information Act request to the borough
authority by the Alliance for a Clean Environment, which provided
them to The Mercury.
That year was also when the landfill asked, for at least the third
time, that its permit limits for arsenic be raised.
As far back as 1995, Waste Management warned the authority
"we believe that our pre-treatment facility will have
difficulty meeting the new, more stringent interim limit" for
Two years later, the company’s requests continued.
"As we have explained to you numerous times in the past, our
present pre-treatment plant does not achieve significant arsenic
removal," the company wrote in its Nov. 7, 1997 report to the
"It is well documented in the literature that arsenic is
difficult to remove, especially at low concentrations. It is also
known that arsenic occurs naturally at or above these
concentrations in the region," Waste Management wrote.
By 1998, the company was asking that its limit be doubled from .12
milligrams per liter to .25 milligrams per liter.
They got more than they asked for.
The limit now stands at .50 milligrams per liter, a level with
which Waste Management was "generally pleased,"
according to a report in April 1999.
Studying Local Limits
Brent Wagner, chief operator at the wastewater treatment plant,
raised the limit for Waste Management and other industrial users
after conducting something called a "local limit study"
from 1993 to 1995.
The study examined what’s necessary to maintain safe levels of
pollutants for discharge into the Schuylkill River, a drinking
water source for several million people, as well as what is
technically feasible for each of the many pollutants regulated in
the permits the authority issues to different industrial customers
of the system.
In fact, a new "local limits" study is planned after the
authority completes construction on a new dryer that will treat
the sludge that remains after wastewater is treated. The new
process will allow the sludge to meet government standards that
will allow it to be used as fertilizer.
The new limits which will result from that study aren’t all
that’s new on the horizon for Waste Management.
The leachate treatment contract between Pottstown and the
landfill, which governs the issuance of those permits and the
limits it contains, expired Dec. 31.
Negotiations for a new contract "are in the preliminary
stages," said David Allebach, solicitor for the borough
On Dec. 15, he said the authority has suggested a six-month
extension of the current contract to allow negotiations to
continue, but Waste Management officials had not responded as of
The current contract contains provisions that allowed the
landfill’s leachate to be treated for free in exchange for the
waiving of tipping fees for the borough’s trash and, later, for
providing free recycling services.
Also, for years, the landfill is where Pottstown’s sewage sludge
was disposed of.
The sludge is now trucked, at great expense, to a landfill in
Bucks County. It is this expense that has pushed the authority to
build the new dryer to cut down on sludge disposal costs and
perhaps even turn a profit selling fertilizer.
Since the landfill officially closed in October, the option for a
trade in services no longer exists, said Allebach.
"We’ve been reviewing the (current) agreement and there are
some provisions there that we’re not sure how they came
about," Allebach said.
Rather than amend the current contract, Allebach said, "I
think we’re going to have to start from scratch."
Allebach also said, "I don’t think there’s any question
that from a treatment standpoint, Waste Management will be paying
higher fees. The only question in my mind is what else are we
looking at beyond that."
New Drinking Water Standards
One of the things beyond that is the implementation next month of
a new federal standard for the amount of arsenic allowed in
On Jan. 23, 2006, the new standard will be implemented that lowers
the amount of arsenic allowed in drinking water from the current
level of .050 milligrams per liter to .010 milligrams per liter.
The current .050 level was set by the federal Environmental
Protection Agency in 1975 and was based on 33-year-old standards
set in 1942 by the Public Health Service.
According to an October statement issued by the Pennsylvania
Department of Environmental Protection, the new more stringent
standard was implemented by EPA as a result of a 1999
recommendation from the National Academy of Sciences.
Some studies have linked long-term exposure to high levels of
arsenic in drinking water to cancer of the bladder, prostate, skin
and lungs, according to the EPA.
EPA has also linked arsenic, which occurs naturally in rocks,
soil, water and air, to diabetes, cardiovascular disease, anemia
and disorders of the immune, nervous and reproductive systems.
"There is also some evidence that suggests that long-term
exposure to arsenic in children may result in lower IQ
scores," according to the federal Agency for Toxic Substances
and Disease Registry.
Arsenic No. 1 Threat
In fact since 1997, arsenic has topped the list of the top 20 most
hazardous substances compiled by the federal Comprehensive
Environmental Response, Compensation and Liability Act program,
better known by its acronym -- CERCLA.
Arsenic makes the top not because it is necessarily more toxic
than other things on list, like mercury, lead, benzene and vinyl
chloride, but because it is so ubiquitous and the potential for
people to be exposed to it is high.
In addition to its natural occurrence, levels for which vary
according to local geology, arsenic is present "in at least
784 of the 1,662 current or former (National Priorities List)
sites" of the federal Superfund pollution clean-up program,
according to CERCLA documents.
Montgomery County has more Superfund clean-up sites than any other
county in Pennsylvania.
Other Leachate Options
Ron Furlan, program manager of DEP’s southeast regional
office’s waste management program in Norristown, said the
EPA’s new arsenic standard applies specifically to drinking
water plants and public water providers, not directly to
wastewater treatment plants.
He said if abnormally high levels of arsenic were found in the
Schuylkill -- into which the treated wastewater from the Pottstown
sewer plant, and thus the landfill, is discharged -- water plants
downstream could conceivably demand discharge limits from upstream
users be lowered.
Furlan also said the landfill has options other than having its
leachate treated by the Pottstown plant.
He said the GROWS Landfill in Bucks County, where Pottstown’s
sewage sludge is currently dumped, treats its own leachate and
discharges it directly into the Delaware River.
At the Pottstown Landfill, "part of their (DEP) permit has
their leachate being treated at the Pottstown Wastewater Treatment
Plant. So if they decided they wanted to do the treatment
themselves, and say do a direct discharge into the Manatawny, they
could, but that would be a major permit modification and they
would need to give us a detailed explanation on what they planned
to do," Furlan said.
He said Dec. 19 that he has received no such indication from Waste
Management officials, leaving the Pottstown plant and the ensuing
contract negotiations as the landfill’s only likely option.