Precautionary moves for protection

By James Bruton, Guest Columnist

I am writing to share the reasoning behind the Downingtown Borough Council's recent decision to undertake protective measures at Kardon Park. At the council meeting on Oct. 20, Borough Council voted to install signs advising park visitors of the contamination present in the lands and to install landscape barriers to prevent straying off the Lions Trail. The council also voted to appeal the judge's decision blocking the borough's sale of a part of the contaminated land for development and environmental cleanup.

Since the Orphans Court judge's decision, I have been disturbed by a series of letters in the press asserting that "the park is safe." Not only are these letters fostering confusion in the mind of the public, they are potentially attracting park visitors to the contaminated lands west of the Lions Trail, where people did not previously venture — lands which are not safe and were never intended for park use absent environmental cleanup.

An example is the Oct. 28 letter by Frank Manetta ("Restore, Maintain the Park") which asserts that the "Kardon Park land is safe if it is not disturbed." Mr. Manetta is misinformed. Because of the spate of misinformation circulating concerning the hazards of the contaminated areas of Kardon Park, Borough Council felt it was crucial to take protective and educational measures.

Here are the facts. Elevated levels of arsenic, lead, mercury and benzo(a) pyrene have been found in the surface soils throughout the property. The open meadow area, for example, has lead over 12 times and arsenic more than three times the residential statewide health levels, according to environmental consultants. Exposure to these dangerous contaminants is hazardous, especially to developing children.

The property was originally a quarry and then it became a landfill with industrial waste and municipal byproducts. In the 1960s and 1970s, the borough manager and council at the time decided to acquire this landfill for a public park. This action placed the remediation costs squarely on the shoulders of borough taxpayers, relieving the polluters of their rightful liability.

Perhaps council did not know that contamination was hazardous to public health; perhaps they did not know just how contaminated it was. Needless to say, today it would be unthinkable that a landfill would be suitable for a public park unless capped and remediated.

In the early 1990s with stricter environmental laws, the borough was faced with a government-mandated cleanup of the property with a cost-prohibitive price tag. The council and town leaders believed the only feasible approach was to partner with a private developer who would develop — and, in the process, cap — the most extensive contaminated areas with commercial development. The balance would be left as trails and ponds for the public's use with certain restrictions. The DEP granted an "Act 2 release of liability" for this plan in early 2000. The approval incorporated these restrictions:

Cap the area shown on the recorded map with commercial development.

Continue to use the park as a linear pass through to the Struble Trail with the average visit time limited to 10 minutes.

Stay mostly on the paved trails.

Predominantly adults, not children, would use the park.

Any future change in use patterns would require a new Act 2 study and release.

Contrary to assertions by some in the press, no other park use plan has been approved by the DEP. The DEP did not approve public exposure to the meadow area west of the Lions Trail or the hulking piles of fill in the woods — let alone their children or their pets. These areas were — and still are — designated for capping.

When market conditions caused the commercial development to fall through, Borough Council sought a new developer through a competitive process and chose Progressive Housing Ventures and J. Loew Associates in late 2006. Their proposal calls for a mixed-use residential and commercial development along with a 22-acre public park — double the present area used by the public — with triple the amount of paved trails and public parking, and new wetlands plantings and fresh water improvements to the ponds.

Importantly, the entire site including the present park area would have a minimum two feet of clean soil, stone or pavement at completion. Capping is a safe and effective barrier to prevent contact with soil by residents, park users or pets. The process of installing the cap will be carefully regulated to prevent erosion, airborne dust or runoff. This cleanup plan has been approved by the DEP.

In sum, the borough has been trying to develop this contaminated property into a safe and productive asset for our taxpayers and park visitors since 1994. Until all the recent confusion stemming from the judge's decision, visitors stayed on the paved trails. Now, however, the risk of people misunderstanding the situation is real and Borough Council has no choice but to take precautionary measures to protect the public from exposure to hazardous contaminants.

If eventually the appeals court enables this proposal to go forward, we would all have the peace of mind of knowing that every square foot of Kardon Park would be safe without any parts of it being off limits.

(James Bruton is president of Downingtown Borough Council)