As could be predicted by everyone in the room except representatives Pam Racey and Jim Hecht of Synagro, there were multiple unresolved issues as the 10pm hour approached. Recall that Synagro submitted a thick package (roughly 5" thick by the looks of the clumps in front of each planner and consultant) on August 30, four business days before the meeting date. Pam Racey stated that she thought any unresolved items at this end of this meeting could have been handled as "conditions", and the planners should be able to vote for conditional approval. The problem is, there were multiple significant issues unresolved, which anyone except an idiot would know going into the meeting would be the case. Either Ms. Racey and Hecht are idiots, or they just does not care. This observer believes it is the latter. Why wouldn't they care? The suggested answer is, Synagro knows it is heading to court, one way or the other. So they really don't care - they are stringing the township along and trying to game the system by coordinating with DEP as it reviews Synagro's permit applications. Many on the township's side have been hoping for almost a year that this process could be started, and after tonight's meeting and vote, everyone is finally on the way. While Synagro legal counsel Elizabeth Witmer was present, she was not involved in the decision making as the clock wound down to the witching hour.
Oddly this is the first meeting where Waste Management did not pay a stenographer to record the meeting. Could it be they did not want the best record of what transpired at the most important meeting of all? Plainfield Township's secretary appeared to take detailed notes, so there will be a good record.
Let's review your issues
The first hour of the meeting was spent with Tom Petrucci reading his memorandum to planners, dated September 6. Synagro had a chance to respond, and of course tried to explain away most all of the deficiencies that Petrucci enumerated. Again, Racey stated that she felt these could be handled as "conditions" of approval. Don't resolve them, but say that you will fix them later... so you can tell DEP you got approval. Note that Synagro submitted its own list of suggested conditions, which planners essentially ignored. Racey was wrong - the deficiencies are too serious to leave for after a vote. Why she didn't realize this is a mystery but consistent with the "just give us approval" attitude Synagro has displayed throughout. Racey stated that the DEP needs to see at least conditional approval to issue permits, including the issuance of one permit Synagro would need to go to the zoning hearing board and argue they do not need a variance. Like a chicken and egg situation. Chairman Levitz had admonished Synagro for once again submitting their package with too little time for planners to be prepared to review it, and once again Pan Racey appeared clueless as to what Levitz was referring to. "Do planners not receive the package when we send it? I don't understand." What Racey failed totally to consider is that the township's consultants have to have time to do a review, get the reviews to the township, and the township sends the reviews to planners days ahead of a meeting. When Racey was informed that 21 days ahead is typically the requirement, this seemed to blow her mind. Ironically, Racey herself lamented that there was not time to respond to the township's comments of August 30. Hello - if you granted an extension and postponed this meeting, or submitted your materials a few weeks earlier, you would have that time. Where is this woman from - Planet Clueless? This is the person 4 months ago who exclaimed "I just can't wrap my arms around the concern over the water in this pond." People this stupid shouldn't be allowed to... well, they shouldn't.The next hour and a half was spent discussing the more significant issues such as variances and the lack of an environmental impact statement. Racey announced that Synagro will choose the course that is most likely to result in "approval," and may choose to "go to court" to achieve approval - the assumption being for some reason that they will prevail . At this point Plainfield counsel Backenstoe pointed out that the only venue he knows of to hear variances is the local zoning hearing board - not a court.
Let's hear from that kindly looking gentleman that speaks the citizens rights gospel
Plainfield Environmental counsel Jack Embick was asked if he still felt that an Environmental Impact Statement was needed, and lacking it he would continue to recommend that planners recommend denying the application. This led to Mr. Embick delivering a prepared 15+ minute soliloquy on the scope of an EIS, and how it could assist planners in assessing the short and long term impacts of this project on various aspects of the lives of people in the community as well as on the environment. Article 1 Section 27 of the PA Constitution is the authority that protects these values. Mr. Embick felt that many items contained in an EIS have not been addressed by Synagro, despite repeated requests for Synagro to submit one. Mr. Petrucci had enumerated five or six occasions beginning in March 2018 that an EIS was requested by planners. (Note: Waste Management/Synagro's legal counsel Elizabeth Witmer doesn't think much of the Constitution, but she kept her mouth shut on this evening. This is best, as when she speaks she is very dismissive, daft, and condescending)
Chairman Levitz crafts a segway to conclusion
Several audience members were allowed to speak for 2 minutes each at courtesy of the floor and then a break was taken at 9:40pm.
Public speaker points out troubling reality
At courtesy of the floor, Howard Klein pointed out a concern he has mentioned several times - how are any of the conditions placed on Synagro for monitoring odors, water quality, etc going to be enforced? He stated that they will not be. His point was, all these concessions Synagro is making (such as shutting down the plant if problems go unresolved) are to get their foot in the door, and once they do you will not be able to control problems. Think about it - there is no way Synagro would shut down its plant. For one, they lose money. Two, their contracts require them to haul away shit with no excuses. So that shit has to go somewhere. Can't pile it up on this postage stamp-sized lot.
Follow the money
Don Moore asked a seemingly simple question that Mr. Hecht could not answer - whom will Synagro pay for its waste heat? Mr. Hecht previously stated that Green Knight has an "arrangement" with Waste Management to be remunerated, suggesting that possibly Synagro will purchase Green Knights' waste heat not from Green Knight but from Waste Management. Mr. Hecht seemed confused (like usual), and stuttered out that "it's c... complicated". Could it be that the reason Green Knights is receiving a few pennies on the dollar for its waste heat be that Waste Management is acting as a middle man? An additiuonal question Mr. Moore could have asked is, how much is Synagro paying for the waste heat that Green Knights generates and is receiving only up to $100,000 for? How much more than $100,000 is it?After reconvening at 9:55pm, with 5 minutes remaining, Chairman Levitz pointed out that there were remaining items, and asked if Synagro was interested in an extension. Synagro first tried the "any remaining details can be made conditions," but apparently Trudy Johnson quietly said something to Hecht and had made clear to him that Material Matters' issues were non-trivial. Hecht reported this to planners "I just learned it is more than dotting i's and crossing t's," sounding almost surprised. Are these people on medication? Acting stupid on purpose - for almost three years?
What is left is a lot more than dotting i's and crossing t's
The 5" thick packet delivered on August 30 that Waste Management and Synagro surely paid many thousands of dollars for was apparently intended to tie up loose ends to the point that in Racey's mind would leave anything else as a "condition" as part of a conditional approval. But it slowly dawned on Racey and Hecht that planners were not going to grant conditional approval this evening, and to gain approval a lot more was needed. Racey suddenly proposed to do an EIS, with the guidance of Embick for what it would contain. Whatever it takes to get to DEP's safe shelter. Hecht proposed a 30-day extension, and when challenged suggested that he could provide a later deadline on Tuesday by phone. Planners were having no part this, stating correctly an extension was required this evening and that it made no sense to make it 30 days (been there, done that way too many times). Once planners revealed 90 days would be their preference, Racey and Hecht went for 60 days, and once again the seemingly clueless Racey suggested that after 60 days, an EIS would not be completed but the framework for one would be and a completed EIS could be conditional approval. Planner Dingle pointed out an EIS with no content to base decisions on would be of no use, echoed by Embick. Basically, audience members could see that planners were willing to have no part of the short extensions that Synagro has become known for, including meetings in which submissions are received too late for to be reviewed. Racey and Hecht seemed flustered that their usual routine of one month extensions rope-a-dope was playing out in daylight, and that this move was not going to be acceptable. The writing was on the wall - someone was coming for their carpet squares, taking away their safe space.
Reckoning day is here
Chairman Levitz put his foot down, and stated that he felt if Synagro was not willing to grant a 90-day extension this evening, then planners should vote on the application in its current state. The time was now 10:05pm. After hemming and hawing around, Hecht stated that if these were the two choices, then planners should go ahead and vote. It took little time for planner Terry Kleintop to read a prepared motion to recommend rejection of the application. Planner Simpson seconded the motion and the rest is history - until September 19 when the BOS is scheduled to vote on the proposal.It is hard to believe that Synagro pulled out at this time - they must have known the vote would go against them - as they had made significant progress on multiple points of contention. They agreed to add several monitoring locations and wells, and even agreed to a Protocol that would shut down the facility if they fall out of compliance. As Howard Klein has observed above, they likely would never do most of the things they committed to do, would be the same nuisance they are in other communities and were only agreeing to get in the door. At the same time, their utter lack of courtesy for the planners is inexplicable - both the last minute submissions and refusing to submit materials that were requested. It's like dealing with a schizophrenic.
The fix is in for Synagro, but how to get past the township?
Synagro's problem is, without the permits from DEP that are needed to make moot one of the variances, they need the local approval or conditional approval that they can not obtain. As Racey described this conundrum to the planners, an audience member mumbled "your problems are not our problems." The fact is, Synagro brought this on itself by choosing a site that requires variances. While Racey was fixated on conditional approval for the DEP, she was blinded to the fact that there were very real serious deficiencies that would prevent said conditional approval. Wishful thinking? Denial? Certainly not a rational approach. Synagro and Waste Management have very deep pockets, so don't be surprised when this shitshow resurfaces. This project is worth 10's of millions to Waste Management over the life of the plant - they will be back. It is clear that Waste Management and Synagro feel that DEP will waive the green flag - the fix is in. But they never figured out how to use anything but apparent ignorance and legal threats with the planning commission, not even that they needed to submit materials in a timely manner. The plan from day one was to sweep aside the township as a mere nuisance, and get big daddy DEP to take them across the finish line. Recall that at meeting one in November 2016, Robert Cornman, Jr was a planning commission member as well as the Green Knight spokesperson for this project, and he did his best to obtain conditional approval that very night. Just give us what we want, and we'll be a good neighbor. Just look at Synagro's reputa- oh, yeah, about that.Assuming the BOS votes the same way as the planners recommend, it could take 6 months or more for an appeal to be heard in the Court of Common Pleas - after a 30 day appeal period. Will DEP continue to work on the permit applications? Who the hell knows.
Footnote: Following the meeting, Northampton County Council member Tara Zrinski observed "Plainfield Township is very lucky. Their Planning Commission is extremely strong." The Planning Commission is very strong, and should be commended for remaining focused and professional throughout this ordeal - which began in November 2016.
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