This Wednesday was a day of chaotic developments in Harrisburg’s debt crisis.

It’s clear that the incinerator deal, and long-standing problems with toxic waste at the site, are taking a backseat to the big story: keeping Harrisburg out of bankruptcy court.

“The devil may be in the details, so let’s not look too closely at any details,” seemed to be the message from all corners.

Nowhere was this more evident than at a meeting of Dauphin County Commissioners, where commissioners were questioned about the long-standing environmental problems at the Harrisburg incinerator.

“Beginning in 1987, I have documented noncompliance issues,” environmental activist Eric Epstein told commissioners.

Epstein presented an eight-page statement detailing the decades of environmental problems at the incinerator.

Has there ever been an environmental site assessment conducted at the incinerator? Epstein asked. If not, why not conduct one now, before the Lancaster County Solid Waste Management Authority (LCSWMA) purchases the facility? Epstein said.

“I am asking you as county commissioners for your assistance in locating an environmental review of the site,” Epstein said. “In absence of an environmental review, the regulations require the permittee to conduct a site assessment. The permittee of record assumes most of the liabilities, but the former owner(s) of a facility may still be liable.”

“I haven’t seen an environmental assessment or review. I would request, at the very minimum, a Form D (environmental site assessment), or audit of the incinerator prior to the license transfer,” Epstein said.

“Why would a business be moved to actually uncover and identify something when they’re not legally required too?” asked Commissioner George Hartwick.

“Let’s see what’s in there, and let’s know what we’re dealing with, and let’s make sure we have enough money down the road to pay for it,” Epstein countered. “If (Dauphin County is) a part of the transaction, you can make (this) a requirement.”

“The Lancaster Authority (LCSWMA) is very aware of this,” countered Commissioner Jeff Haste. “And they’ve had meetings with DEP. And I don’t know the details of it, but I know between the two of them, they have a plan.”

“I don’t want anything being missed, as you move forward,” Epstein said. “I also don’t think it’s right to bequeath to another generation our problem.”

“I think they take it a different way,” Commissioner Haste said. “I think instead of wasting money — well, some would say it’s a waste of money — adding more cost to this (with studies and site assessments), I think they’d rather just assume the worst is in there (toxic waste at the incinerator site). They’re developing a plan based upon the worst being in there.”

“What is the plan if they’re not going to remove it?” Epstein asked. “I think we’re going to hear the same argument over and over. ‘Let’s not disturb it, let’s try to isolate it.’”

“That is one form of remediation,” said Commissioner Haste.

Then let’s see the documents, Epstein said. “People say they’ve studied it, but I haven’t seen the documents, I haven’t seen the environmental studies. I’m at the same place I was in 1987. I still think this is hazardous waste (at the incinerator.) Nobody has disproven that it isn’t.”

“I don’t think anyone’s going to try to disprove it,” Commissioner Haste said. “I think they’re assuming the worst is there. At this point in time I think they feel the best policy is not to disturb it.”

Meanwhile, a few blocks away from the county commissioner’s meeting, Harrisburg Receiver William Lynch, at a meeting equally devoid of specifics, told reporters that interested parties involved in Harrisburg’s debt negotiations “have agreed to work together… and stop negotiating against each other.”

Lynch said parties hope to submit a deal to Commonwealth Court in August. The deal will perhaps clear the way for LCSWMA to seek financing of its incinerator deal by October — if the bond market allows.

Fluctuations in the bond market since June sent bond rates higher, adding $15 to $30 million to the cost of the pending deal. For the first time, interest rates of tax-free municipal bonds climbed higher than taxable bonds.

Detroit’s bankruptcy petition only makes matters more uncertain.

‘So why spoil the deal with talk of toxic waste, or other problems?’ officials in Harrisburg seem to be saying.

Photo by Jayme Frye