According to DEP officials, five administrative orders were issued on March 5, 2026, including two directed to the U.S. Department of Homeland Security (DHS) and three directed to local authorities: the Schuylkill County Municipal Authority (SCMA), Tremont Township, and Upper Bern Township.
The orders state that water and sewage services cannot be supplied to the warehouses— and the buildings cannot be occupied— until DHS demonstrates compliance with federal and state environmental regulations.
The warehouses were recently purchased by DHS with the intention of converting them into detention facilities capable of housing up to 9,000 detainees combined.
DEP cites serious environmental concerns
DEP Secretary Jessica Shirley said the state agency has significant concerns about the environmental impacts of converting the large commercial buildings into detention facilities.
“Based on what the Department has learned about DHS’s plans to convert two commercial warehouses into detention centers for 9,000 people, there are serious concerns about the environmental impacts of these actions,” Shirley said in a statement.
She warned that dramatically increasing the population in the areas surrounding Tremont Township in Schuylkill County and Upper Bern Township in Berks County could overwhelm local infrastructure.
“Doubling the populations of these areas could drain drinking water sources and lead to polluted waterways from overwhelmed sewage facilities leaking raw waste into our streets and rivers,” Shirley said. “Just like anyone else, DHS needs to demonstrate its facilities comply with environmental standards.”
Orders restrict water, sewer use and building occupancy
In the orders directed to DHS, DEP instructed the federal agency not to use the Upper Bern Township or Schuylkill County Municipal Authority sewer systems for the proposed detention centers unless it can prove the infrastructure can safely handle the demand.
DEP also stated that holding tanks or septic systems cannot be used without the required permits, and that DHS may not use the SCMA Tremont water system for drinking water or draw water from a private well at the Upper Bern warehouse without approval from the agency.
The orders further state that the warehouses cannot be occupied until the necessary environmental permits and approvals are obtained.
Local municipalities also ordered to restrict service
DEP also issued orders to local municipalities and authorities.
The order directed at Tremont Township and Upper Bern Township prohibits occupancy of the warehouses until further sewage planning and permitting are completed and approved by DEP.
The orders also prohibit the townships from accepting sewage from holding tanks or portable toilets associated with the detention facilities without authorization.
Each township operates a sewage treatment plant that could require major redesign and expansion to handle the wastewater that could be generated by a detention facility housing thousands of people.
Water system already under strain
DEP also issued an order to the Schuylkill County Municipal Authority, prohibiting it from providing drinking water from the Tremont water system to the detention center.
State officials said the order is intended to protect a water system that is already operating under emergency measures and could face severe strain if thousands of additional residents were added.
For sewage service, DEP also ordered SCMA not to provide sewer service or accept sewage from portable toilets connected to the detention facility without additional permitting and approval from both Tremont Township and DEP.
Permits required before any infrastructure changes
DEP officials emphasized that any expansion or modification of drinking water systems or sewage treatment infrastructure requires state permits and regulatory approvals before construction or operation can begin.
The administrative orders signal that the proposed detention centers could face significant regulatory hurdles before moving forward.
The detention center proposals in Schuylkill and Berks counties have drawn growing concern from local officials, residents, and state leaders in recent weeks, with questions raised about infrastructure capacity, healthcare resources, and environmental impacts.
Links to the orders issued by DEP in regards to Schuylkill County:
To the Department of Homeland Security - https://files.dep.state.pa.us/RegionalResources/SCRO/SCROPortalFiles/TremontDHSLetterandAdminOrderSigned260305.pdf
To the Schuylkill County Municipal Authority:
To Tremont Township: