Evergreen and Hilco may have a reasonable and actionable agreement about how the cleanup is divided between you, but the public has no idea whether there is one. It’s illogical for Evergreen to be working on a remediation project, and do an incomplete job on an area because some of the contaminants arrived after PES bought it. Or vice-versa.

In 2006, Sunoco voluntarily entered the site into Act 2 and Evergreen, since 2013, has been managing the legacy (pre-sale in 2012) site investigation and remediation.  PES/Hilco are separately managing post-sale in 2012 releases. Both Evergreen and Hilco separately report to the PADEP on their respective efforts. Sunoco, PES and PADEP entered into a Consent Order & Agreement (CO&A) in 2012 and an amendment in 2020 setting forth their respective obligations.  PADEP consent orders are public information and the CO&A is posted to Evergreen’s website.