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Municipal News

By Christina Walko

Rostraver Township Meeting – August 7, 2013

On Wednesday, August 7th, the Rostraver Commissioners unanimously agreed, by resolution, to oppose the PA Department of Environmental Protection re-issuing the landfill permit to Tervita Landfill and to file the necessary paperwork. This vote was met with thunderous applause by the Rostraver residents who had been filling the commissioner’s meetings for the last year, trying to get something done about the putrid stench and possible health hazards permeating their homes and properties.

Board Chairman Andy Temoshenko said that this was the first time he had ever recalled residents applauding a board action. Resident Debbie Fought reported being elated to the point of tears at the board's actions. “l feel like someone has finally heard what we’ve been saying – what we’ve been fighting for.”

The opportunity for the Board to oppose the landfill’s permit is something that surfaced last month. Before the resolution was passed, the Board had no regulatory power over the landfill, despite several DEP violations issued against it.

The board’s announcement was a surprise, both to residents and to Tervita officials. The township solicitor Al Gaudio will now file formal opposition with the DEP to oppose re-issuance of its operating permit. The resolution also called on the DEP to revoke the company’s existing permit and to order immediate closure of the facility.

Tervita, which is a disposal site for trash and natural gas drilling by-products, has been sending different representatives to the Commissioner’s meetings for a year now in order to outline what they are doing to contain the stench and to comply with DEP regulations. However, according to residents, the stench hasn’t changed. Tervita continually assured the township of the landfill’s safety, but residents were skeptical and lobbied for testing to be done by outside agencies. The resolution opens the door for that to be done.

While Tervita representatives usually speak at the Commissioners meetings, they were uncharacteristically silent on this Wednesday. Tervita general counsel Tim Sturn said that the company was not expecting this and is taking it very seriously.

The company’s operating permit will not expire until July 2014. Tervita applied for a new permit on July 26th. Permits are generally renewed every 5 years.

Commissioner Patrick Egros, chairman of the township Health and Welfare Committee, introduced the resolution to oppose the reissuing of a permit by the DEP. Residents have complained not only of the stench, which was called “offensive and intolerable” by the DEP, but also of sore throats, watery eyes, burning nostrils and of decreasing property values. The DEP in February found the landfill in violation of municipal waste regulations.

Resident Debbie Fought, who has been a leader in bringing the matter to the forefront said, “I am surprised and I am very happy that action is being taken. Pat Egros and Gary Beck have really paid attention. At the cost of about 28 cents per household it will be well worth it to have independent testing done, to ensure the communities health.”

When a resident pressed for a timetable for results to be seen, Solicitor Gaudio replied that it was not in the townships best interest to engage in specifics at this time. He said the resolution is similar to litigation and the township has 60 days to respond to Tervita’s reapplication for a permit. “It’s similar to preparing for a football game, you don’t let the other team into your huddle. We will have a strategy – they will be effective and meaningful but they will not be discussed.”

Chairman Temoshenka commented that they would have preferred to have the problem corrected rather than to go through legal proceedings. He added, “It looks like this is what needs done in order to get the landfill to comply.”

The DEP has been laying down tasks and guidelines since February for the landfill to follow in order to control the odor and to come into compliance. Tervita representatives have continually shown up at township meetings to outline and comment on their progress. They have said that any engineering project takes time and must be completed step by step and that they have not completed the process of installing the methane gas recovery system though they are working hard at it.

Regional Spokesperson for the DEP John Poister said, “There will be a thorough technical review of Tervita's progress in rectifying the situation, saying the stench is still a big problem. There will be escalated enforcement. We think the situation will improve but we will not stop our vigilance and are sensitive to the residents who are complaining.” He added that, “the board’s actions were unusual.”

Residents are very grateful that something concrete is being done. “I cannot believe all five of you (board members) supported us tonight,’ said resident Cheryl Meyers, “I am so happy and thank you for going above and beyond to listen and to care.”

In Regular Business:
A public hearing was held to permit a zoning change for Dennis C. Rubino. The zoning change was approved for Rubino to mark his auto and truck repair business from a special business zone to a retail business zone.
A resolution was adopted that declared S&A Homes Inc/First Line Development in default of their development agreement.

The plan for a vending food and drink business for Dominic’s of New York, Gustine BV Associates land development off of Sara Way was recommended by the planning agency and approved.

Secretary Pam Beard was approved to attend the 54th Annual PA Association of Municipal Administrators conference to be held August 14 – 16 at the Doubletree Hotel in Lancaster at total cost of $448.00

Two defibrillators were approved for purchase from One Beat CPR Learning Center, Inc for $1800.00. One is for the municipal building and the other is for the road department building.

Several road bonds and storm water bonds were returned to their issuing companies. Arkadia Contracting Inc was awarded a Weatherproofing Upgrade Contract for the municipal building.

CPR training was approved for scheduling for the employees through the Rostraver/West Newton EMS at the cost of $15 per person.

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