The Foote Mineral Superfund Site is not remediated.
East Whiteland Township is letting a data center be built on top of it.
Bacton Hill Road & Swedesford Road, East Whiteland Township, PA
Notice of Intent to Sue
October 20, 2026 — Today, East Whiteland United served East Whiteland Township with a formal Notice of Intent to Sue.
View the notice and exhibits →What you need to know
As of August 20, 2026, this site is NOT REMEDIATED, and its “Sitewide Ready for Anticipated Use” (SWRAU) status remains revoked. EPA has stated it cannot stop development regardless.9 The site is 79 acres, not just the 12-acre "capped area." That cap isn't a separate contaminated zone, it's where the worst contamination on the entire site was concentrated and buried under clean fill.5 Groundwater lithium levels at the site's most contaminated well have been measured as high as 22,200 µg/L, over 500 times the standard EPA now uses for residential exposure.6 The site has been on the federal Superfund National Priorities List since 1992 and remains there today.7
EPA Could Not Determine Whether the Remedy Is Protective of Human Health and the Environment
The Foote Mineral Superfund Site remains on the EPA’s National Priorities List and has been listed since 1992, despite the developer’s claim in documentation submitted as part of the land development application to East Whiteland Township that the site had been removed from the National Priorities List.
The documentation showing the developer’s claim is available on our Disconnects on Paper page.
EPA Revocation of Sitewide Ready for Anticipated Use (SWRAU), stating they cannot confirm the site is protective of human health and the environment.
The capped area is indicated by the mound of dirt that rises approximately 12 feet in the air.
Read the full history →The situation is urgent and your voice matters.
The referendum has passed. Residents can continue to make their voices heard by attending township meetings, contacting elected officials, following the PUC case, and staying involved. Every action matters.
See exactly what to do →
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Full donation details, including mailing a check →- EPA Responses to Questions for East Whiteland Township Meeting (on file), Q1–Q2; EPA Third Five-Year Review (Sept. 2024), Appendix J, Tables J-3–J-5.
- East Whiteland Board of Supervisors, Resolution 30-2024, Condition 2(l).
- Developer submissions to the Planning Commission, February and March 2026.
- East Whiteland SALDO § 175-8; PADEP Chapter 102 field change definition.
- 2006 Record of Decision, remedy description.
- EPA Third Five-Year Review (Sept. 2024), Table D-2, Table J-1/J-2.
- EPA CERCLIS / National Priorities List, 1992–present.
- EPA Form 9100-4, SWRAU designation revocation, Sept. 16, 2024.
- EPA Responses to Questions for East Whiteland Township Meeting (on file), Q3.
- Aqua Pennsylvania, Inc., letter from Brenda Lewandowski, New Business Manager, to Scott E. Deisher, P.E., JMR Engineering, LLC, re: Water Availability, Bacton Hill Road and E. Swedesford Road (Sept. 18, 2024).
- Email from Louis J. Colagreco, Jr., Riley Riper Hollin & Colagreco, to Bernadette Kearney, East Whiteland Township Solicitor, re: Water Supply Agreement – Aqua-Sentinel, draft dated 2026-02-06 (forwarded Feb. 7, 2026), obtained via Right-to-Know request.