On March 5, 2026, the Pennsylvania Department of Environmental Protection (“DEP”) issued five administrative orders – two to the U.S. Department of Homeland Security (“DHS”)/Immigration and Customs Enforcement (“ICE”) and one each to Tremont Township in Schuylkill County and Upper Bern Township in Berks County, and the Schuylkill County Municipal Authority (“SCMA”).
The orders direct that water and sewage services cannot be supplied to two warehouses that DHS has recently purchased to use as detention centers until DHS demonstrates compliance with federal and state environmental requirements. DEP noted that DHS plans for the two warehouses are to convert them into detention centers that would hold up to 9,000 individuals. The orders to DHS specifically require that DHS comply with Pennsylvania’s Safe Drinking Water Act and Sewage Facilities Act before commencing operations. The orders to the Townships prohibit occupancy of the warehouses until further sewage planning and permitting is obtained from DEP. The Township orders also prohibit the Townships from accepting sewage from holding tanks or portable toilets without further authorization. The order to SCMA prohibits the authority from providing drinking water to the detention centers from its system. The SCMA water infrastructure is already under strain and is being supported through emergency measures. Obtaining the approvals required by the orders and state law may significantly delay DHS’ and ICE’s plans to convert the warehouses to detention centers.
Permits or approvals from DEP are needed for the construction and operation of all changes to drinking water and sewage treatment systems. DHS and ICE are required to comply with state environmental requirements. Any appeals of the orders must be filed with the Pennsylvania Environmental Hearing Board within 30 days.
DEP does not commonly issue orders addressing potential future violations. Typically, DEP will issue orders in response to existing violations or to require specific remedial actions. In this instance, DEP’s orders appear intended to ensure compliance with environmental requirements before the facilities begin operating. The circumstances surrounding the proposed detention centers – including their anticipated size and associated infrastructure demands – may have contributed to DEP’s decision to act at this stage.
DEP’s action may signal a willingness to address potential environmental compliance issues earlier in the development process in certain situations. At a minimum, DEP’s action should remind developers of the importance of early planning and coordination with state and local permitting entities to ensure there is sufficient sewage and water capacity for their projects.
If you have any questions about navigating permitting requirements or securing governmental approvals efficiently, please reach out to attorneys Martin R. Siegel, Alice Solomon, or any member of the firm’s Environment & Energy Industry Group.
