DEP Issues Pre-denial for Camp Hope Run Landfill

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CLEARFIELD – The state Department of Environmental Protection (DEP) has reviewed additional information for PA Waste LLC’s Camp Hope Run Landfill permit application and issued a pre-denial letter, reported Clearfield County Commissioner Joan Robinson-McMillen, chair, at Tuesday’s workshop meeting.

PA Waste is proposing the construction of a landfill that would be located on an 845-acre facility boundary along state Route 153 in Boggs Township. It would be double-lined and able to receive 5,000 tons of waste daily for the next 25 years, according to previous GantDaily.com reports.

The additional information from PA Waste, Robinson-McMillen said, was submitted in April in response to the technical deficiencies letter dated Feb. 21. She said based upon the review, the DEP has identified 72 additional “significant technical deficiencies.”

The DEP, according to Commissioner John A. Sobel, appeared to be particularly concerned with the impact the proposed landfill would have on the water table. He said the DEP was additionally concerned about the subsidence beneath the proposed landfill location due to a clay mine there.

“We would like to stress this is only a pre-denial,” said Commissioner Mark B. McCracken. “But there is a very long list of 72 items that the DEP has serious concerns with. This pre-denial shows the way this permit is going.”

Robinson-McMillen said PA Waste has 60 business days to fully address each of the deficiencies with the DEP.

According to the pre-denial letter, if PA Waste finds that any of the deficiencies are not significant, instead of submitting a response to that deficiency, it has the option of asking the DEP to decide based upon the information that’s already been made available.  If PA Waste chooses this option, it must explain and justify how its current submission satisfies that deficiency.

If PA Waste fails to respond to the pre-denial letter, its application may be denied, the letter states. If PA Waste must discuss any concerns or schedule a meeting, it must be within the 60-day period unless otherwise extended by the DEP.

Robinson-McMillen said the commissioners plan to keep the public informed, as additional information becomes available to them.

Click here to read the DEP’s entire listing of the 72 technical deficiencies.

During his report for a separate matter, county Solicitor Kim Kesner said the DEP had issued a permit to Eagle Environmental II LP for its Harmony Residual Waste Landfill on Oct. 9, 2012. The county, he said, then filed an appeal with the state’s Environmental Hearing Board on Nov. 7, 2012.

During appeal proceedings, Kesner said the county’s special counsel, Paul J. Bruder Jr. of Rhoads & Simon LLP in Harrisburg, had discussed resolving the appeal with Eagle Environmental. He said Bruder has recommended the county enter into a host-municipality agreement to provide benefits to Clearfield County.

According to him, the agreement Bruder has presented to the county provides for certain fees and obligations to be paid to the county. For example, the county would be paid a host service fee for each ton of waste accepted at the permitted Harmony Landfill. He said this fee would be 15 cents per ton for the first three years and then 10 cents per ton after for the period of the permit.

Also, Kesner said the agreement provides for payment to the county for solid waste projects. He said the payments would be $7,500 per year for the first three years. Finally, Kesner said the county would get a 50 percent pay over of any fines/penalties assessed and collected by Eagle Environmental.

Kesner said Bruder has recommended the commissioners approve the agreement, which they did with a 3-0 vote. He said the agreement would be presented to Eagle Environmental for approval. If approved by Eagle Environmental, he said it would be submitted to the judge of the state Environmental Hearing Board. Kesner said one of the provisions of the agreement is that if agreed upon by both parties and the judge, the county’s appeal would be withdrawn within 10 days.

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