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Pa. won't try controversial minefill report author

A man who allegedly practiced geology without a license won't be held accountable.

The state has decided that Andrew Voros, who authored a report that helped to establish the foundation of a controversial river dredge and fly ash dumping program, will not be tried on allegations he was not credentialed to do so.Circumstances in the case will not allow the state to move forward, according to a response letter from David Ross, prosecuting attorney for the Pennsylvania Department of State. In his letter dated Tuesday, Ross states: "The circumstances in this case do not permit formal prosecution."The letter was sent to environmentalist Robert Gadinski of Ashland, who received it Thursday.Gadinski first blew the whistle by calling into question Voros' lack of qualifications as an expert.In 2004, Voros authored a report on a Clearfield County demonstration project called Bark Camp while he was in charge of the New York/New Jersey Clean Ocean and Shore Trust.The Bark Camp test dumping site was launched in 1995.The experiment had local ramifications because a smaller test site, 2.5 acres, was established near Tamaqua in 2003. Called the Tamaqua Mine Reclamation Project on Mount Pisgah, the project involved filling a mine pit with 54,000 cubic yards of dredge material from the Delaware River.Many believe the practice is harmful due to toxins in the material.Gadinski contends, essentially, that Pennsylvania issued permits for statewide dumping of the mixture of fly ash and river dredge based in part on a report issued by an individual who wasn't credentialed in the field.Pennsylvania law requires that all documents forming the basis to grant such permits have the stamp, or sign-off, of a certified geologist."The law is the law," said Gadinski when he filed the complaint.On Thursday, Gadinski expressed disappointment and even frustration in the state's decision, especially in "a day when the state is even looking at things like the proper cleaning of dental instruments."Voros, of New Jersey, claims to hold bachelor's degrees in psychology and biology, but is neither a geologist nor professional engineer in Pennsylvania.Gadinski is a hydrogeologist who worked for the DEP for 18 years. He is also a licensed engineer who assisted Dante Picciano and the Tamaqua-based Army for a Clean Environment, a watchdog group that led the fight against toxic dumping.In December 2010, Gadinski and the Public Employees for Environmental Responsibility asked the state auditor general's office to do a performance audit to determine whether the Department of State had been derelict in its duties.The state replied several times that it lacked funds to hire an expert to investigate.Gadinski eventually turned to Widener University Environmental Law Center to file a motion for a writ of mandamus with the Commonwealth Court to get the Department of State to act on the complaint.A writ of mandamus is a last-resort judicial remedy.The toxic dumping issue goes back to the Tom Ridge administration, then later, Ed Rendell's.Fly ash and dredge dumping was done under the oversight of Kathleen McGinty, secretary of DEP.The DEP has permitted the use of fly ash for more than two decades. But opponents question safety, saying it contains toxins such as mercury, arsenic and lead. Similar concerns are voiced about river dredge.Voros was working in recent years as an adjunct research scientist at Columbia University, but a listed phone number has been disconnected.The state said it will not reveal details of the investigation."Please note that investigations by this office are confidential and privileged. Act 48 prohibits this office from disclosing anything other than the final outcome of our investigation to you; therefore, this office cannot provide you with a more detailed explanation of the evidence gathered during the investigation or the specific reasoning that led to this office's decision," states the letter by Ross.

DONALD R. SERFASS/TIMES NEWS Ashland hydrogeologist Bob Gadinski, shown in 2010, finds it unacceptable that the state will not prosecute a man who lacked geology credentials, yet authored a state-sanctioned report advocating the dumping of waste material in Pennsylvania.