PA DEP Enters into a Consent Order & Agreement with a Polluting Facility on Raccoon Creek
In August 2023, Three Rivers Waterkeeper became aware of an outfall (Outfall 006) on Raccoon Creek that is associated with an uncovered landfill left over from a historic zinc smelter plant. Through research, 3RWK staff learned that Outfall 006 is currently owned by Befesa Zinc US Inc (Befesa).
We collected water quality data from this outfall using our YSI and grab samples that were sent to a lab for analysis. Our data showed high levels of conductivity, salinity, and total dissolved solids as well as highly fluctuating pH levels depending on the sampling day.
In addition to our sampling results, Befesa consistently self reported exceedences over multiple sampling periods from their water discharge outfall. These results show that the following parameters are of concern for exceeding the permitted limit at the outfall:
Total Selenium (highly toxic for aquatic life in excess)
Total Suspended Solids (indicator of potential pollutants and can cause ecological degradation)
Total Residual Chlorine (toxic to aquatic life in excess)
pH (high and low pH is toxic to aquatic life)
Since 2023, the 3RWK team visited the site at least 15 times, taken 27 samples, and submitted multiple reports to PA DEP. Our continued monitoring and reporting helped lead to accountability where PA DEP will enforce a legally-binding corrective action plan that will prevent future pollution. On March 6th, 2026, the PA DEP entered into a Consent Order and Agreement with Befesa over their violations of The Clean Streams Law and the Solid Waste Management Act.
The COA requires Befesa to do the following*:
Submit an alternative capping and pond liner system proposal for the landfill that will include a leachate detection layer
Evaluate the feasibility of passive treatment system to to determine whether these technologies will be able to remove Selenium from its effluent in order to achieve compliance
Continue to continue to implement their 2022 Groundwater Monitoring Plan
**This is a non-exhaustive list