Some Forward residents want to know why it has taken the state Department of Environmental Protection more than three years to develop a plan to clean up the remaining fly ash from a 2005 landslide.

At public meeting last Thursday conducted by the DEP in the township to solicit public comments on the plan, Drew Kelly, owner of Rapp's Restaurant and Bar, said residue from the landslide covered the business's parking lot in 2005.

Today, that fly ash -- in this case, a waste product from coal combustion from a power plant -- is piled 2¹/₂ feet high in the back of the parking lot. With his home next door to the business, he is fearful of the health effects.

Mr. Kelly is part of a class action lawsuit against the state, claiming that the fly ash was not cleaned up properly and residents have been exposed to harmful levels of arsenic.

He displayed a jar of water from a nearby stream that appeared clear until he shook it and it became black -- which he blamed on the fly ash in the stream.

Residents have until 4 p.m. on Oct. 3 to submit written responses to the proposed cleanup plan.

Responses should include information such as omissions to be addressed, detailed areas of concern, and more.

Lisa Graves-Marcucci, of Jefferson Hills, said she was "appalled" that it took the state almost four years to do a thorough cleanup. She accused the agency of "shirking its responsibility by "relying on us" to point out fly ash areas.

DEP assistant chief counsel Edward Stokan disagreed, and said it would be "insensitive" not to include public input.

The cleanup plan is included in the administrative record, which can be viewed at the DEP's Southwest Regional Office, 400 Waterfront Drive at Washington's Landing in Pittsburgh, weekdays from 8:30 a.m. to 4 p.m.

Those interested should call ahead to 412-442-4000 and make an appointment.

Prior to Oct. 3, at least one walk-through of the area will be conducted with residents and DEP officials, but it hasn't been scheduled yet.

The 2005 landslide deposited fly ash containing arsenic in areas downstream of the slide in and along an unnamed tributary of the Monongahela River, which flows through a wooded area, a residential neighborhood and an industrial area.

The DEP conducted an emergency cleanup, removing 1,500 tons of ash, followed by another 40,000 tons a year later.

A study by the Allegheny County Health Department shortly after the landslide concluded there was no long-term health impact to residents.

In December 2007, the DEP identified West Penn Power and the Municipal Authority of Westmoreland County as being responsible for the slide. The DEP then ordered them to remove and properly dispose of any ash remaining from the DEP's earlier cleanup.

Recent logging activity throughout a steep-sided ravine exposed remnant ash. Any runoff from the slopes could carry the ash to the stream channel that flows along Rostosky Ridge Road.

West Penn and the Municipal Authority appealed the DEP's order, and began discussions on liability and how to address the fly ash.

If those issues are not resolved by October, said Mr. Stokan, the DEP will enforce the order or else do the remedy itself and seek reimbursement.

If the DEP does it, it would be in one swoop.

"There would be no delay, and be one cohesive response," he said.

The department's project manager, Terry Goodwald, said he hoped to begin the removal in October or November. He declined to put a time-to-completion date, he said, as it will be "difficult work."

If West Penn Power and the Municipal Authority do the job, the cleanup plan is still in effect.