Thursday, September 13, 2018

Plainfield Township files state court appeal of DEP decision in regards to proposed Synagro biosolids plant on Waste Management land

As reported here, Roger Bellas within the Solid Waste division of the PA Department of Environmental Protection issued a determination on August 10, 2018 that former Doney Quarry #2 would continue to enjoy a waiver of a permit that would be otherwise be required under an exception located in PA Chapter 105.12(a)(6).  The departments of Solid Waste and Mining back around 2008 approved this water body to be considered a "sedimentation basin", shortly after the quarry ceased all operations.

It may have not been a big deal at the time, because "all" that was proposed would be to continue to handle some stormwater from the Green Knight Energy Center, and some runoff from the landfill.

The problem is, there is no evidence that the former quarry was in fact engineered or designed as a sedimentation basin.  Thomas Pullar of EarthRes, Synagro's engineer, claims that it was in a June 26, 2018 email to Mr. Bellas.  Mr. Bellas dutifully parroted this back in his August 10 determination letter.  But the documentation that Synagro has submitted does not support the claim.

A sedimentaion basin slowly filters water before it is released.  The sediment is periodically removed.  There is no such activity known to occur in Doney Quarry #2 - it is a pond connected to an aquifer.  The exchange takes place immediately.  No one is running out and removing sediment.  A sedimentation basin has a spillway so that when it releases water to the surface it is controlled.  Doney Quarry #2 had a spillway planned, but it was never built because the quarry connects with an aquifer and will likely never overflow unless a 500 year storm strikes.  It simply isn't a sedimentation basin.

Synagro's runoff - we all live downstream

Furthermore, the proposed Synagro plant is located 5 to 10 feet from the edge of the former quarry, according to statements made by EarthRes engineer David Allen, P.E. at the September 6, 2018 Synagro Land Development Review before the township planning commission.  Despite claims by Synagro that "no Industrial Activity poses a risk to the pond," and "the only drainage to the pond is sheet flow from a parking area," Synagro's plan shows the exact opposite - the parking area in question is downgrade of the driveway adjacent to the building, which is downgrade of the silos of finished shit, and the truck wash and delivery of shit areas.  "Sheet flow" is when water flows across a surface in a thin layer as opposed to more concentrated flow in a pipe or creek, for example.  What Synagro describes as "sheet flow" will actually be "shit flow".  You just could not make this shit up.

The township's position will be, maybe you approved this activity in 2008, but you can't extend it to the proposed change.  Now there will be heaping piles of shit and shit runoff located literally within the boundary of the existing quarry.  Not stormwater, not water flowing over the top of a landscaped landfill.  Actually, if you read the appeal (below), the township is arguing that DEP screwed the pooch big time back in 2008.

 DEP does excel at something

What is needed is for the Wetlands and Water departments at DEP to make the current determination, not Solid Waste and Mining.

Plainfield Township appeals August 10, 2018 DEP determination

First strike launched by Plainfield Township in battle over baked crap factory

On September 11, 2018 Plainfield Township filed an appeal of Mr. Bellas' decision to the PA Environmental Hearing Board.  This is huge.  The EHB is a court that hears appeals of matters that involve the DEP, instead of the Commonweath Court.  The EHB is very powerful - including the ability to effectively change law when necessary (not likely here).  The outcome of this is significant, because if the township prevails the pond and surrounding areas would be protected, as well as the township being better able to enforce its riparian and open space requirements.  As it stands, DEP has essentially given Synagro the green light to do whatever the hell it pleases right on top of clean water.  The docket at the EHB is located at this link.  Here is the notice of appeal - the grounds are on the last few pages and the appeal can be amended within 20 days:


Appeal by Plainfield Township of DEP determination freshwater pond can be filled 
with sediment and other shit


Here is a link to the Appeal PDF at the Environmental Hearing Board, that you may download or print: APPEAL