On August 2, the Department of Environmental Protection announced it has executed a consent order and agreement (COA) with Harsco Corporation for improper disposal of 375,618 tons of metal slag from 2010 to 2018 which resulted in violations of the Solid Waste Management Act.

DEP assessed and collected a $100,000 civil penalty, and the company has agreed to corrective actions.

At its facility in Butler County, Harsco processes metal alloy slag generated by the production of steel to recover metal for reuse by steel producers. This process generates residual aggregate, which Pennsylvania regulations classify as a residual waste.

While this material has beneficial uses under specific conditions (such as application rates, constituent levels, and defined uses), these activities must be approved by DEP and the conditions followed by the user of the material.

Otherwise, the residual aggregate must be handled as residual waste.

When the violations occurred, Harsco was approved for coverage under a WMGR047 general permit that allowed the material to be applied to the ground in appropriate engineered lifts, compacted after placement, and then covered with soil, concrete, or asphalt.

DEP found that during an approximately eight-year span, Harsco violated state law and its permit when it transported and deposited approximately 375,618 tons of residual aggregate material on land owned by Steven W. Shaffer in East Franklin and Washington Townships, Armstrong County.

The property had previously been strip-mined in the 1940s but never restored.

Shaffer, with Harsco’s knowledge, used the material to fill open pits in order to level an area and bring the area to grade without following the requirements in the general permit concerning placement, compaction, application of cover material, or prompt commencement of construction activities.

During an inspection in response to a complaint, a DEP inspector observed several violations for mishandling of waste.

Through its investigation, DEP representatives conducted several subsequent inspections and observed large piles of residual aggregate that had been dumped on the Shaffer property, some of which were near a wetland and showed signs of erosion.

Under this COA, Harsco is required to remediate the site under Pennsylvania’s Land Recycling Program (Act 2 of 1995), apply for and conduct work under the necessary environmental permits, and remediate wetland areas to address the continuing threat of pollution. Harsco must also pay a civil penalty of $100,000 to the Solid Waste Abatement Fund.

Click Here for a copy of the agreement.

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[Posted: August 2, 2022]

8/8/2022