Pennsylvania Department of Environmental Protection (PADEP)
ORDER to MIPC, LLC - December 23, 2025
Please note that PADEP’s Order language is written in black italicized text. MIPC’s response actions to each item of the Order are written in green text. Where pertinent, submitted documents are hyperlinked in blue text.
This is intended to be a living document that will be updated periodically as response actions evolve.
Document Last Updated: 3/20/261. Interim Remedial Measures
MIPC shall immediately initiate interim remedial measures necessary to prevent or address an immediate threat to human health or the environment from the release, including, at a minimum, the following:
a. Groundwater Supply Wells. Within fifteen (15) calendar days after the date of this Order, MIPC shall evaluate publicly available databases, contact water suppliers and municipalities, and make other appropriate efforts to identify all groundwater supply wells located within 1,000 feet of the Facility’s western property line in Bethel Township, Aston Township, and Upper Chichester Township, Delaware County (collectively, “Townships”).STATUS: Complete.
Using multiple resources including those suggested by the Order, MIPC identified (even prior to issuance of the Order) 49 properties within the designated area that are not connected to public water supply and are utilizing private drinking water wells.Prior to PADEP’s Order, MIPC had already begun working to identify potential private drinking water wells. Those efforts included:
- Consulting county tax parcel records
- Contacting Chester Water Authority to obtain public water service records
- Conducting outreach to property owners by going door-to-door and by sending well survey mailings
- Reviewing PA Groundwater Information System (GWIS) database records
- Submitting Right-to-Know requests to Bethel and Upper Chichester Townships
Incorporating the information obtained from the sources above, MIPC compiled a list of developed properties located within 1,000-ft of MIPC’s western property line that are not connected to public water. Based on these actions and subsequent verification efforts, MIPC then identified 49 developed properties within this designated area that are not connected to public water supply and, are therefore, utilizing private drinking water wells.
STATUS: Complete and ongoing. MIPC notified all properties located within 1,000-ft of its western property line on at least five occasions (See Neighbor Communications) to identify/confirm which properties maintain a potable groundwater well, and subsequently offered to supply these properties with bottled water service sufficient for both people and pets at no cost to the property owner.
C. Sampling of Groundwater Supply Wells. Within thirty (30) calendar days after the date of this Order, MIPC shall request access and, if granted access, sample each identified groundwater supply well located within 1,000 feet of the Facility’s western property line. MIPC shall analyze samples for volatile organic compounds (“VOCs”) on the Department’s unleaded gasoline petroleum short list using EPA Method 524.2. To the extent practical, each wellhead shall also be field screened with a photoionization detector (“PID”). Should MIPC detect evidence of contamination or PID readings above background in the supply well, MIPC shall gauge and use a bailer to assess the presence of LNAPL in the well.
STATUS: In compliance.
MIPC had already begun requesting property access to sample residential groundwater supply wells prior to the issuance of the Order. To date, MIPC has sampled 100% of the residential wells to which it’s been given access, using EPA Method 524.2. All property owners that have requested well testing were given the option, at no cost to them, to use either Langan (MIPC’s contracted engineering firm) or another qualified testing company of their own choosing.
On December 8, 2025, MIPC began sampling residential groundwater supply wells and continues to do so in accordance with the Sampling and Analysis Plan submitted to PADEP on February 6, 2025.
On December 10, 2025, certified mailings containing a cover letter and the “Well Information Questionnaire Form and Request for Sampling” were sent to 32 of the nearest developed properties, regardless of whether the property is connected to the public water supply
Following PADEP’s Order, on December 26th and December 30, 2025, additional certified mailings were sent to a subset of properties within 1,000-ft of MIPC’s western property boundary that were identified by Chester Water Authority as not being connected to public water – these mailings included community outreach letters and bottled water offer letters.
Then, on January 2, 2026, certified mailings were sent to the remaining 85 developed properties with the 1,000-ft. western property boundary, regardless of water supply source.
Furthermore, on December 31, 2026, MIPC personnel conducted in-person visits to all 117 developed properties (contained in the 1,000 ft. boundary).
On January 20, 2026, MIPC personnel conducted in-person follow-up visits to the properties not connected to public water that had not returned a well questionnaire and/or had not responded to multiple requests for information and permission to test their residential well.
MIPC retained the services of a PA-licensed well driller to open and close residential wells to gain access to screen and gauge the wells, to the extent practical. In consultation with PADEP, the Department clarified that it is appropriate to limit the initial wellhead screening and gauging requirements to only those properties closest to the facility’s western property boundary and the area of investigation. Decisions to open and remove well covers will be on a case-by-case basis after assessing the condition and integrity, accessibility, and means and methods required to open the well cover safely.
When feasible, the wellheads were and will be field-screened using a photoionization detector (PID) to evaluate for the potential presence of volatile organic vapors. Additionally, if feasible, a water interface probe was or will be deployed to gauge the measured depth to water at each private open well.
STATUS: Available but not needed to date. To date, MIPC has not detected VOC’s close to or in exceedance of Act-2 Statewide health standard MSCs in any residential well supply samples. But if sampling shows that this release may have impacted a neighbor’s well water, MIPC will offer to install a point-of-entry water treatment system (“POET”) at no cost to the property owner, and increase testing frequency to monitor system performance.
Although not required by PADEP, MIPC will also offer to provide connection to public water for any properties where a well is impacted as a second option if a resident would prefer, also at no cost to the property owner.-
- Numbers to date of groundwater supply wells identified, groundwater supply wells sampled, laboratory results received, and scheduled potable well sampling.
- Numbers to date of tested potable wells exceeding MSCs for VOCs, and tested potable wells with detections of VOCs that do not exceed MSCs.
- Numbers to date of POETs installed by MIPC, POETs installed by others that are known by MIPC, and planned POETs by MIPC and by others.
- A list of properties with potable wells, to date, known to MIPC with operating POETs or other treatment systems for VOCs, a list of properties with potable wells with VOC detections that do not have POETs or other treatment systems, a list of properties with potable wells with planned POETs, and a list of properties with potable wells with VOC detections where MIPC does not know whether the property has a POET or other treatment system.
- Numbers to date of properties that have requested POETs from MIPC and where MIPC has declined to install or pay for the installation of a POET.
- A list of properties, to date, that have requested POETs and where MIPC has declined to install or pay for the installation of POETs, and the reasoning for declining.
- Tables of all property well sampling analytical results, property well gauging results, and wellhead field screening results.
- Site characterization activities performed, including investigations and monitoring of soil, groundwater, LNAPL, surface water, ambient air, and vapor intrusion.
- Data tables and maps showing results of performed site characterization activities that MIPC obtained in the preceding 7-day (calendar) period;
- Site remediation activities performed, including the cumulative quantity of petroleum recovered from each medium.
- All air sampling results received in the preceding 7-day (calendar) period.
Potential VI sources will be assessed in accordance with the PADEP VI Technical Guidance Manual (TGM). To evaluate potential VI sources, soil and groundwater results received to date from subsurface investigations related to the gasoline release are compared to the PA Act 2 Statewide Health Standard VI Screening Values for Soil and Groundwater (SVSOIL and SVGW), reduced by a factor of 10 in accordance with the Site-Specific Standard (SSS) protocol for VI assessment per the PADEP VI TGM. A monitoring well(s) is proposed to be installed at each of the potentially affected parcels adjoining the western boundary of the facility where access approval is granted. The wells are proposed to be installed between the western perimeter fenceline and the occupied structure(s). For each of the targeted offsite properties, if a potential VI source is present (i.e., if Separate Phase Liquid (SPL) or LNAPL is encountered or if there are detection(s) of compound(s) of concern above the applicable soil and/or groundwater SVSOIL and SVGW), a near-source soil gas sample will be collected from a semi-permanent vapor monitoring point to be installed at a location proximal to the monitoring well.
If exceedance(s) of the SVNS are detected in a sample, further assessment of the potential VI pathway is warranted and may consist of collecting additional near-source soil data sufficient for applying screening tests, conducting sub-slab soil gas sampling and/or indoor air sampling, completing a VI risk assessment, or installation of a vapor mitigation system, in accordance with the PADEP VI TGM2. Remediation
STATUS: Complete. On January 20, 2026, MIPC submitted a ‘Remedial Action Implementation & Target Completion Schedule to PADEP. The purpose of this document was to outline MIPC’s proposed remedial action schedule in accordance with Act 2 and PADEP’s order. The schedule serves as the basis for the targeted completion of each sub-bullet point contained in PADEP’s Order (outlined below).
As remedial actions occur and new information and data are compiled, updates to the schedule are submitted to PADEP for review and, once approved by the Department, these will be reflected below.
Most recently, MIPC provided PADEP with a revised and updated schedule on February 18, 2026. This updated schedule was approved by PADEP on February 26, 2026.| Subsection "b." | |
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| PADEP Order Language | MIPC's Corresponding Actions |
| i. Submission of a supply well sampling and analysis plan, which shall describe sampling and decontamination methodologies and analytical methods and include a schedule for sampling supply wells. |
STATUS: Pending PADEP Approval
Explanation: This plan describes sampling methods and procedures including sample collection, lab analytical methods, data evaluation standards, and sampling frequency.
Timeline:
The Private Drinking Water Well Sampling & Analysis Plan was submitted to PADEP on February 6, 2026.
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| ii. Submission of a notice of intent to remediate (NIR) for the release, including requisite public and municipal notices, in accordance with Act 2. |
STATUS: Complete
Explanation: The NIR demonstrated MIPC's compliance to PADEP's Act-2 Order.
Timeline:
MIPC submitted a Notice of Intent to Remediate (NIR) to PADEP along with the public and municipal notices on December 30, 2025
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| iii. Submission of a work plan for characterization of the nature, extent, direction, rate of movement, volume and composition of regulated substances released into the environment from the release, in accordance with Act 2. |
STATUS: Pending PADEP Approval
Explanation: This submission details planned tasks and data collection/analysis for characterizing the nature, extent, rate of movement and volume of released gasoline constituents.
Timeline: The Site Charactization Workplan was submitted to PADEP on February 20, 2026.
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| iv. Completing work to characterize the nature, extent, direction, rate of movement, volume and composition of regulated substances released into the environment from the release, in accordance with Act 2. |
STATUS: Forthcoming
Explanation: MIPC initiated site characterization immediately on August 18, 2025. This work is ongoing and will continue until completion.
Timeline: MIPC intends to complete site characterization work coincident with the submittal of the Remedial Investigation Report (as referenced below in 'vii.').
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| v. Submission of an interim characterization report, describing the interim characterization of the nature, extent, direction, rate of movement, volume and composition of regulated substances released into the environment from the release, in accordance Act 2. The interim site characterization report shall include an evaluation of potential preferential pathways for LNAPL, contaminated groundwater and vapors, and it shall present a conceptual site model. |
STATUS: Forthcoming
Explanation: This report will be based on the interim site characterization available at the time.
Timeline: MIPC intends to submit an Interim Site Characterization Report by June 21, 2026.
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| vi. Submission of a remedial action plan, describing all remedial actions to address the release of regulated substances into the environment to attain the remediation standard(s) of Act 2. |
STATUS: Forthcoming
Explanation: This plan will describe actions taken to address the release of gasoline into the environment along with forthcoming actions to be taken in order to demonstrate attainment of Act-2's remediation standards.
Timeline: MIPC intends to submit a Remedial Action Plan 60 days after PADEP's approval of the Interim Site Characterization Report (as referenced above in 'v.').
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| vii. As applicable, submission of a site-specific standard remedial investigation report in accordance with the requirements of Act 2. |
STATUS: Forthcoming
Explanation: This report will address the methods, procedures, and findings from the site characterization work.
Timeline: MIPC intends to submit a Remedial Investigation Report 180 days after PADEP's approval of the Interim Site Characterization Report (as referenced above in 'v.').
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| viii. As applicable, submission of a site-specific standard risk assessment report in accordance with the requirements of Act 2. |
STATUS: Forthcoming
Explanation: This report will describe potential adverse effects, including the evaluation of human and ecological receptors in the absence of any further control, remediation, or mitigation measures.
Timeline: MIPC intends to submit a Site-Specific Risk Assessment Report 90 days after PADEP's approval of the Remedial Investigation Report (as referenced above in 'vii.').
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| ix. As applicable, submission of a site-specific standard cleanup plan in accordance with the requirements of Act 2. |
STATUS: Forthcoming
Explanation: This plan will evaluate the relative abilities of alternative remedies to achieve remediation, and will lead to the selection of a remedial action approach that can achieve Act-2 remediation standards.
Timeline: MIPC intends to submit a Site-Specific Cleanup Plan 90 days after PADEP's approval of the Site Specific Risk Assessment Report (as referenced above in 'viii.').
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| x. Submission of a final report demonstrating attainment of Act 2 remediation standard(s) for the regulated substances released into the environment in accordance with the requirements of Act 2. |
STATUS: Forthcoming
Explanation: The objective of the final report is to demonstrate attainment of a combination of the PADEP Statewide Health Standards and Site-Specific Standards for the gasoline contaminants found in soil and groundwater.
Timeline: MIPC intends to submit an Act-2 Final Report and Demonstration of Attainment within 90 days of completion of required monitoring for demonstration of attainment. The proposed deadline date is August 31, 2030, which is 5 years after the confirmed release date in August 2025.
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| xi. Submission of remedial action progress reports once every ninety (90) calendar days describing characterization activities and results, remedial action implementation and results, public involvement activities, planned site characterization work, and remedial actions. |
STATUS: To be submitted quarterly
Explanation: These reports will describe the progress made in characterization activities, remedial actions, public involvement activities, and planned work.
Timeline: MIPC intends to submit these quarterly progress reports beginning on March 23, 2026, and continuing until the Act-2 Final Report is submitted and approved by PADEP.
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| Subsection "d." | |
|---|---|
| PADEP Order Language | MIPC's Corresponding Actions |
| i. Public access at convenient location(s) for document reviews. Hardcopies of documents shall be available at one or more locations. Documents shall also be available on an MIPC-hosted website. Documents available for public review shall include, at a minimum, all site characterization and remedial action plans and reports enumerated by this Order, all Act 2 NIRs, reports, and requests, all Department decision and comment letters, and all addendums and responses to Department decision and comment letters. MIPC may declare in writing to the Department any document, or parts thereof, that it deems confidential and not appropriate for public access with an explanation of such declaration and reports enumerated by this Order, all Act 2 NIRs, reports, and requests, all Department decision and comment letters, and all addendums and responses to Department decision and comment letters. MIPC may declare in writing to the Department any document, or parts thereof, that it deems confidential and not appropriate for public access with an explanation of such declaration for the Department's consideration and acceptance in writing. |
STATUS: Complete and ongoing. Hardcopies of documents are available at the three municipalities (Aston Township, Bethel Township, Upper Chichester Township).
The same documents are also available for review on the website under the ' Remedial Action Plan and Other Technical Documents' tab and the 'PADEP Orders and Communications' tab.
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| ii. One or more MIPC points of contact to address questions and receive comments from the community and Townships. |
STATUS: Complete. The PIP provides a community hotline (610-364-8426) and email ([email protected]) along with three points-of-contact for MIPC representatives.
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| iii. A description and schedule for public hearings and meetings. |
STATUS: Complete. The 'Public Meetings' section of the PIP outlines a description for public hearings and meetings.
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| iv. An outreach plan to inform the community and Townships of significant project activities and the availability of the documents enumerated in Paragraph 2.b., above, for public review. |
STATUS: Complete. Both the 'Availability of Documents' and 'Public Communications Plan' sections of the PIP outline the outreach plan for the community and the townships along with the availability of documents for public review at the three townships.
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| v. Specifications for submittal of public comments on the documents enumerated in Paragraph 2.b., above, including methods for submitting comments and comment periods |
STATUS: Complete. The 'Public Comment' section of the PIP outlines the methods for submitting comments and the comment periods.
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