Synagro had requested 15 minutes to give a presentation at the beginning of the meeting. The township announced that after this, each of five of the township's consultants would go over the most important outstanding deficiencies in the application.
Synagro project manager Jim Hecht wasted the first 15 minutes giving a justification why this plant is needed. Not in Plainfield Township, but in general. At a critical juncture in the application, Hecht pissed away 15 minutes speaking in generalities. The only item of interest to this reporter was that on one slide where the goal seemed to be to reassure the community biosolids are safe, it was stated "If an element in biosolids not currntly regulated is found to be a risk, it will become regulated and we will test for it." How reassuring! Your husband and four others die of cancer a few years from now, and eventually the cause is found to be something in crap "fertilizer". The gall. Hecht did not waste even 1 second trying to explain why this plant would be good for this community. Been there, done that. $100,00 per year to three communities, MAXIMUM. 16 crappy jobs MAXIMUM.
As the planning commission readied to transition to its 5 consultants to give their top remaining unresolved issued, Synagro attorney Elizabeth Witmer got up and started presenting on a second overhead under the control of co-counsel Matthew Goodrich. Witmer started talking over the chairman - not a good start. Witmer insisted that Synagro should present a "list" of issues that it was addressing in a review letter sent to Synagro just today. The chairman pleaded to let the township consultants each present their items, so Synagro could respond to them or make a note to reply later. Witmer refused to change course, and began leading engineer David Allen PE representing Synagro through a list of items the planning commission was not even familiar with since they hadn't read these reviews yet. Mind you, Synagro has been inundating the township with large piles of useless paper on average once a week - the last time this past Monday. No one expected these to be addressed this evening, and certainly not anyone responding to a review sent this same day.
The list of items Witmer went through was relatively trivial stuff like drafting errors and missing signatures on plans - minutia compared with the large issues everyone knows remain. After 15 minutes, multiple planning commission members and Solicitor Backenstoe attempted to wake Witmer the fuck up, and asked to proceed to the townships' consultants. Planner Bob Simpson said "Look, it's you prerogative if you really want to do this. Realize that you are demanding a decision from us by the end on March, and time is running out. (it is the Applicant who approves extensions of deadlines) By not letting our consultants who advise us speak, you risk causing us not to hear what they have to say and you not addressing their concerns - which in the long run is detrimental only to you." Dumbass Witmer ignored Simpson and pressed on for an hour total, accomplishing something only in her own mind.
At one point, Scott Perin representing the landfill got up to misrepresent what was in a letter that DEP sent on February 14, 2019, in which it rescinded a letter issued on August 10, 2018 that indicated Synagro would be granted a waiver to not require a permit to partially fill in the pond adjacent to the proposed plant. Perin claimed once again that the pond was properly engineered to become a sedimentation basin (there has been nothing produced to date to prove this), and in any event he stated the period to appeal a previous 2008 waiver for the same pond has long since expired. Township consultant Jack Embick corrected some of Perin's misrepresentations, which caused Witmer to become agitated. When Embick pointed out that he had requested Waste Management to provide said engineering during the appeal of the opinion in the August 10 letter, and has received NOTHING to date, Witmer went off on a rant that Embick was attempting to get information that he could use in a court case. No, Embick was only mentioning he had requested what planners have been requesting for months - show us the conversion was properly engineered as required in the regulations to make it qualify for a waiver. Not the 2008 waiver, but a new one that would be needed for the proposed development. Witmer was totally irrational - "there is nothing in the law that requires us to produce that!" Maybe not, but the planning commission and its consultants are requesting it as part of their job, you thick-headed idiot.
At 9:15, Simpson looked at Witmer and Goodrich and said in exasperation "I advised you an hour ago to start what we are now, and you said it would only take 15 minutes." At this point David Allen PE and Jim Hecht remained standing at the podium, reluctant to give up their post serving Witmer's senseless task. Someone in the audience muttered "sit the hell down" and chairman Levitz looked at them as if to say "we''re moving on". If Witmer thought that Synagro had to only address some issues brought up today and they would be home free, she was badly mistaken.
The first consultant to present was Embick, who pointed out that months ago he had advised that Synagro provide an environmental impact statement. At this point, Witmer climbed onto her "we ain't doing nothing that isn't required in your ordinance" horse, with Goodrich riding bareback - his arms tightly around her formidable waist. The problem is, Goodrich isn't a municipal law attorney, and Witmer doesn't appear to be competent. Embick was going over how sections 4 and 5 of the township zoning ordinance lay out criteria and standards for protecting the health safety and welfare of the citizens. Also, he mentioned the Environmental Rights Act and the PA Constitution, which guarantee citizens rights to clean air, water, etc. Witmer sat looking around rather bored as Embick concluded that if Synagro will not do an EIS, his advice will be the application be denied.
Witmer claimed that PA DEP regulations will protect the citizenry - which is patently false. First of all, the fact that DEP directed Syangro to apply for a general permit and not an individual one means that Synagro will not have to submit a Harms and Benefit Analysis. Just look around at all the fuckups of DEP. They don't protect anything except big business. Look at how DEP rep Roger Bellas said "just fill that pond in, we don't care." Witmer demanded to know where in the ordinance there are specific requirements that Synagro had to meet. Planner Robin Dingle told her - and then another planner pointed out that the Municipalities Planning Code provides for protection of the health safety and welfare of the community. The township could potentially be sued if Synagro's proposed project causes pollution of the water supply.
Witmer then tried a new tack - this is new - why didn't you suggest an Environmental Impact Statement previously? Why now late in the game? Embick in frustration replied "I asked for it months ago".
At one point, Bob Simpson wanted to find out "are you going to do a hydrogeological study, or not?" Witmer hemmed and hawed. Simpson asked "yes or no?" and then gave up saying "I'll take that as a "no".
Witmer got so testy that eventually Chairman Levitz gave Synagro and its consultants a dressing down. He pointed out that not a single person from Synagro lives in Plainfield Township. "This is our town, we will have to live with this plant for generations. You should come in here with some humility, but you are doing the opposite by attempting to set the agenda and tell us what we do and don't need." Humility did not emerge as the evening wore on and more consultants spoke.
Next to speak was Jason Smith, the wetlands specialist for the township. Smith's main issue was with the pond (big surprise). Since the retraction of August 10 letter, there is no assurance that Synagro will receive a waiver to fill in the pond. If a permit is required, more strict Best Management Practices (BMPs) will be required by DEP. Smith reported that some data shows that 16,400 gallons of water a day infiltrates into a shallow aquifer and walls of the quarry, which ultimately is transferred to the Waltz and Little Bushkill Creeks. Smith stated that sedimentation basin #2 was not constructed as such - an outlet was in the design but never installed. How can one have a sedimentation basin with no outlet?
Smith stated that a 50' open space buffer applies to the pond PRIOR to modification, which would fuck up Synagro's plans - destroy them in fact. Goodrich demanded to know where in the ordinance this is stated. Township manager Petrucci provided the answer - in the Riparian Buffer section 22-1023. It was Goodrich's turn to become testy, demanding to know if Smith was familiar with something in a permit application. Smith replied "I feel like I am being interrogated. I have read part of it." Goodrich continued "I am just asking for an answer! Tell me the answer!" Go fuck yourself - how is that for an answer?
Next was the township's traffic consultant Terry, who pointed out that the zoning ordinance requires a traffic hazard impact study. Synagro's traffic consultant Jason Shelter had appeared earlier at the meeting, and claimed that the Grand Central haul road does not qualify as a street, so in his opinion a study of the intersection of the proposed entrance from Pen Argyl Road and the haul road does not need to be assessed as Terry had determined. This access point looks prime for both hazards and impacts! Terry stated he would defer to the PennDOT highway occupancy permit process to address some of the issues with this access point.
The astute observer will recall that attorneys Goodrich and Witmer attempted to make the case that the haul road is a street, in the fall of 2017. Doh! Not anymore. Whatever is convenient for the current argument.
Next township engineering consultant Robert Lynn spoke with some general and specific zoning and SALDO concerns. He stated he believes that Ordinance 229 that addresses driveways in his opinion would call for the calculations at the haul road intersection as Terry advised. Lynn pointed out that there are several locations where Synagro trucks will conflict with each other, and other trucks. Where will trucks "stack," what specific signs will be posted and where to control traffic? Lynn's colleague Farley Fry requested that Synagro provide data that shows Synagro's trucks covered with tarps will not affect the surroundings. Fry pointed out that in Hawaii at a Synagro facility, a regrowth of bacteria occurred after shit was baked.
Next was Mike Brunemanti, an environmental consultant. Brunemanti had spoken with a hydrogeologist, who found that Synagro's response to requests for data and a hydrogeologic study would not satisfy his concerns. Brunemanti stated that disposal of waste to an underground aquifer is potential pollution. Further, sedimentation basin #2 in his opinion does not meet the requirements for a storm water control facility.
Brunemanti then made a reasonable suggestion - that runoff from roadways in the area not drain into the basin, but rather be collected and disposed of elsewhere.
Next was Trudy Johnston, who had comments on the land development plan as well as the nuisance mitigation plan. The most interesting factoid to this observer in her comments was when someone asked how odors from the landfill will be discriminated from the shit factory. The answer was that an "odor observer" (human) uses a "smells like" test. Smells like crap, smells like trash...
Johnston reported that ammonia is not one of the substances that is covered by the nuisance mitigation plan draft, and she would like to see tighter controls on hydrogen sulfide.
We'e produced thousands of pages of answers."