Monday, July 16, 2018

Synagro finally admits it needs a variance to access its site - announces plan to use Pen Argyl Road

At the Monday continued review of Synagro's proposed crap bakery in Plainfield Township, Synagro did a mini presentation.  Express Times reporter John Best was there - probably because Synagro invited him for their "breaking news".

The presentation was designed to address the four zoning variances that Synagro has known for months its plan requires.  Two of the variances are trivial - a small alteration to a parking lot dimension, and paving the parking lot.  The other two variances are not trivial - one is road access, and the other is Synagro's proposed plant is within a few feet of a pond that is connected to an aquifer.  Plainfield's zoning ordinance requires a 50' setback from a water body.

Use variance #1 - road access
The big reveal of the night was that Synagro is now planning to access its site from Pen Argyl Road.  The Plainfield ordinance requires this specific use to access from an arterial or collector road - Pen Argyl Road is a collector.  A separate entrance and exit is also required.  Synagro has not submitted a new Site Plan that reflects this change, but the picture below is a sketch of what is purported to be proposed.  The area in red on the right is where the access drive would be.  Synagro believes that this proposal will satisfy the ordinance requirement that currently is not met.  A highway occupancy permit will be required, and a modification of the landfill's permit.  Synagro did  not provide many details of exactly how trucks will move around the site using this proposed access point, but stated they would when new plans are submitted at the end of the month. ("Final" plans - lol - they've made up this entire project as they went along and confronted with questions they could not answer).  Will Synagro's trucks require use of township property as in previous plans?


Synagro's proposed access from Pen Argyl Road, announced on July 16, 2018

Several residents in the audience were unimpressed and displeased to learn that Synagro is exploring Pen Argyl Road, as landfill access via this road was problematic in the past.  Where would shit haulers park, while waiting for the site to open?  Currently they can stack up on Waste Management's driveway from Route 512.  Synagro appeared to claim at this meeting that trucks will not arrive early, but at the previous meeting they said some may and would wait on the Grand Central access drive off of Route 512.  Different night, different story.  What will PennDOT think of shit haulers waiting to turn off of Pen Argyl Road, while garbage trucks using the haul road block entry?  Approval of a highway occupancy permit is far from certain.  On paper it looks... problematic?

Use variance #2 - the pond that is a pond is a pond
A consultant for EarthRes - engineers for the worst nuisance uses known to mankind - argued that Sedimentation Basin #2 is not regulated by PA Chapter 105, but he stated multiple times that it is a regulated water body according to Pennsylvania law.  These two concepts are mutually exclusive - since it is a regulated water body, by definition it is subject to Chapter 105.  The EarthRes engnieer was gilding the lily.  Putting lipstick on a pig.  The basin has approval be DEP to be exempt from one requirement of Chapter 105 - a permit to fill it or alter its course of flow.  This is known as an "Obstruction and Encroachment Permit", and Synago/Waste Management doesn't require one to partially fill the quarry.  Encroachment is defined in Chapter 105 as alternation of a water course - not encroachment within a required setback - which is what the township ordinance covers.

Tracy Carluccio, Deputy Executive Director of the Delaware River Keeper, spoke at the podium on behalf of members that her organization represents, and presented an engineer's review that found that the pond is a regulated water body.  Synagro and Waste Management attorney Matthew Goodrich attempted to poo-poo Ms. Carluccio's expert, but the facts are clear - it is a water body.

Township manager Tom Petrucci questioned the EarthRes engineer - how will your new submission address Section 27-505 of Plainfield Township's ordinance?  This is the section that requires a 50 foot setback from water bodies.  The best the engineer could come up with was "our plan is exempt from dams and waterways."  Dam safety and waterway management is the title of Chapter 105 - Google it.  He is incorrect - Chapter 105 is where it is found that the sediment basin is a regulated water body.  Has nothing to do with and does not supersede the township ordinance.

The significance of this is that  Synagro has been arguing that the sediment basin is not a pond - and not a water body.  Until Monday evening when they finally admitted it is a regulated water body.  Uh oh Lucy.  Lucy got splain'n to do Lucy!  It is a water body, so Plainfield's requirement for a 50' setback from what is known as the "blue line" on the zoning map applies.  Synagro has a roughly 0' setback - as the sketch above shows the parking lot is proposed to be in the pond according to the blue line.  Yeah, that sucks.

But Ricky, it isn't a pond!  Waaaaaah  Ricky!


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