The Pennsylvania Commonwealth Court has denied the permit application by Tri-County Industries to reopen and operate a municipal waste landfill on 99 acres in Liberty and Pine Townships, Mercer County. This decision reverses earlier approvals from the Department of Environmental Protection and the Pennsylvania Environmental Hearing Board, which had previously supported issuing the permit for a permanent waste disposal site at this location.
The site was used as a permanent landfill from 1950 to 1990 and has operated as a waste transfer facility since then. The court cited a regulation adopted in 1997 by the Environmental Quality Board, which prohibits landfills within 10,000 feet of any runway used by turbine-powered aircraft. Part of the proposed landfill is within this distance from an airport owned by Grove City Borough in Springfield Township.
State Rep. Tim Bonner commented on the ruling: “I am pleased to recognize that the Pennsylvania Commonwealth Court has denied the permit application of Tri-County Industries to reopen and operate a municipal waste landfill on 99 acres of land located in Liberty and Pine Townships in Mercer County. The Commonwealth Court reversed the decision of the Department of Environmental Protection and the Pennsylvania Environmental Hearing Board, which had approved the issuance of the permit that would have fully restored the ability of Tri-County Industries to operate a permanent waste disposal site at the Liberty and Pine Township location. This location had previously operated as a permanent waste disposal site between 1950 and 1990 and has operated as a waste transfer facility since 1990.”
He further explained: “In denying the permit, the Commonwealth Court held that the regulation adopted in 1997, by the Environmental Quality Board, mandating that no landfill shall be located within 10,000 feet of any runway using turbine-powered aircraft, applied to the new permit request by Tri-County Industries and, therefore, prohibited any permit to be issued to Tri-County Industries to reopen as a permanent landfill site as a portion of the landfill was located within 10,000 feet of such an airport owned and operated by Grove City Borough in Springfield Township.”
Tri-County Industries may seek further legal action by appealing to the Pennsylvania Supreme Court. Local groups opposing reopening efforts include Liberty Township officials and CEARSA (a local environmental group led by Jane Cleary and Dan Biddle). These opponents have additional legal options available if needed.
Bonner also stated: “Tri-County Industries has several legal options moving forward. Among those options, it can request the Pennsylvania Supreme Court to reverse the decision of the Commonwealth Court. Whatever their course of action may be, it is certain that Liberty Township and CEARSA, a local environmental group led by Jane Cleary and Dan Biddle, will oppose any effort to reopen the landfill. The opponents to the landfill also have several other legal options available to them to oppose the granting of the permit which the court has not needed to consider at this time. They should be thanked, along with many other community activists, for their tireless efforts in opposing reopening of this landfill.”
Bonner indicated he will continue working on legislation prohibiting landfills within three miles of densely populated communities but noted previous opposition from Governor Wolf and state agencies prevented its passage.
He said: “I will also continue my efforts to pass legislation that will prohibit any landfill to operate within three (3) miles of any densely populated community. A hearing was held on this legislation before House Environmental Committee but with opposition from Governor Wolf and Department Of Environmental Protection who both wanted reopened [sic]the legislation was not approved. With momentum from this court decision recognizing that setback distance for landfill from airport for safety reasons is necessary it should also be recognized that setbacks for waste disposal sites from densely populated communities for health & safety reasons should similarly be recognized. The battle for health safety & welfare our community continues.”
For more information about Rep. Bonner’s work or updates on legislative actions regarding landfills in Mercer County visit https://www.repbonner.com/ or his Facebook page at Facebook.com/RepBonner.
