The judge presiding over the Springdale injunction case has established ground rules before a site visit at the former power plant there, as a decision on imploding the plant’s boiler house is pending.
An order written by Allegheny County Common Pleas Judge John T. McVay Jr. outlines the protocol before an upcoming inspection of the exterior of the plant’s boiler house.
The plant, formally called the Cheswick Generating Station, is owned by Cheswick Plant Environmental Redevelopment Group (CPERG), which is owned by Kentucky-based remediation firm Charah Solutions.
Last month, 16 Springdale residents filed for an injunction to block the implosion of the former coal-fired power plant’s boiler house. Plaintiffs allege the June 2 implosion of the smokestacks at the property caused harm to the community and their properties.
A date has yet to be set for the visit.
Attendees must comply with CPERG’s safety procedures and requirements, McVay’s order said. They will be escorted through the site by company representatives. If CPERG determines the inspection is unsafe for any reason, it may stop the visit. Should that happen, the parties can attempt to reschedule the inspection if the judge rules it can proceed.
Attendees are allowed to take photographs and video of the boiler house and the administration building only during the inspection. Audio is prohibited unless the parties disagree about the scope; then, they can agree to record the discussion via audio.
Video and documents obtained from the site visit are for attorneys’ and experts’ eyes only, the order said. Violations will result in a contempt of court hearing. The parties can seek approval from the other parties and McVay if they determine there is a need to share the documents or video with the individual plaintiffs.
A complete copy of all photos and videos taken during the visit will be provided to Charah’s attorneys for review within five days of the visit, the decision states. If CPERG determines the inspection exceeds the scope of the agreement, or if it should otherwise not proceed, the parties will seek guidance from the judge.
The order acknowledges the boiler house is at a demolition site and has been intentionally compromised for the pending demolition, the order states. The inspection will follow an agreed-to route.
Attorneys for the plaintiffs will provide names, titles and, for retained experts, their area of expertise, of all the people attending the site visit. All attendees must agree to the rules set by McVay.
The order also states that it is fully understood and agreed that Charah’s allowance of the inspection shall not constitute or be construed as any admission of liability on the part of Charah.
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