by Whitney Downard, Pennsylvania Capital-Star
The Shapiro administration stepped up its opposition to two proposed immigrant detention centers in Berks and Schuylkill counties on Thursday, issuing administrative orders claiming that housing anyone at either location would violate state water regulations.
A warehouse purchased by ICE in Upper Bern Township, Berks County, on Feb. 26, 2026
(Photo by Ian Karbal/Pennsylvania Capital-Star)
Five administrative orders sent through the state Department of Environmental Protection on Thursday assert that water and sewage cannot be supplied to the two warehouses, meaning the buildings can’t be occupied until the U.S. Department of Homeland Security finds a way to comply.
“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. The conversion of warehouses to detention facilities risks harming the communities in and around Tremont and Upper Bern townships, overwhelming their sewage facilities and exceeding the available drinking water supply,” said DEP Secretary Jessica Shirley in a release.
ICE purchased the buildings in January with plans to open as early as November 30, 2026 — but the state said the federal agency hasn’t yet filed any permits to “significantly modify” existing water and wastewater 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. Just like anyone else, DHS needs to demonstrate its facilities comply with environmental standards,” Shirley added.
DEP: Water, sewage systems can’t handle the additional capacity
Last week, Gov. Josh Shapiro vowed to fight the facilities, located in Upper Bern Township in Berks County and Tremont Township in Schuylkill County. Initial plans from Immigration and Customs Enforcement indicate that the two warehouses will house 1,500 and 7,500 immigrants, respectively.
But the water and sewage systems in each location can’t accommodate those populations, the Shapiro administration claims.
In Upper Bern, the warehouse water system is designed for roughly 350 employees each using 35 gallons of water a day, for a maximum of 12,240 gallons per day.
Read the orders here:
Department of Homeland Security:
Schuylkill County Municipal Authority
Prisons and detention center water systems should be designed to provide two gallons of water per minute with a peak daily demand of 120 gallons per day per person, according to the state administrative orders.
In Upper Bern, this would require up to 180,000 gallons of water per day and produce between 112,500 and 225,000 gallons of sewage per day — more than the maximum monthly flow under the entire township’s 2024 wastewater treatment plan, an amount that “will overwhelm” existing infrastructure.
The state said it has issued five emergency permits to the Schuylkill County Municipal Authority, which oversees Tremont’s water and sewage systems, since December 2025 to allow “bulk hauling of drinking water … created by the emergency drought conditions” in the area.
ICE’s detention plans would require up to 900,000 gallons of water per day, “or 90% of all available stored water in the Tremont Water System,” which would prevent it “from serving its current customers and providing water for fire protection.”
The state concludes that DHS must outline its plans to provide drinking water and sewage service within 20 days, noting that hauling water, tapping into wells or installing storage tanks also require permits. Last week, Shapiro warned that trucking in supplies could wear down local roads, many of which have only two lanes.
Orders to locals in Upper Bern, Tremont, and the Schuylkill County Municipal Authority say that townships would need to redesign their sewage treatment plants, and the authority cannot provide sewage service with portable toilets without permitting.
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