Plainfield Township Zoning & Code Office

6292 Sullivan Trail

Nazareth, Pa. 18064

Mr. Matthew Goodrich, Esquire VIA EMAIL AND UPS GROUND DELIVERY
Applicant's Authorized Representative (UPS Tracking # lZ377E240314629331)
Karasek Law Offices, LLC
641 Market Street
Bangor, PA 18013

December 21,2018

RE: Slate Belt Heat Recovery Center - Grand Central Sanitary Landfill, Inc.
Preliminary Land DevelopmentlMajor Subdivision Application
Supplemental Zoning Officer Responses to 3/20/2018 and 9/612018
Zoning Officer Letters
Review of Project Performance Review and Compliance Report

Dear Attorney Goodrich:

The following materials were received and reviewed for the above-referenced matter:

• Preliminary Land Deve10pmentlMajor Subdivision Plans, dated February 6,2018,

revised July 25, 2018 and received August 15,2018

• Project Performance Review and Compliance Report, dated August, 2018

• Trucking Turning Exhibits, dated February 6,2018, revised July 25,2018

• Lease Plan, dated February 6,2018

• Zoning Response Attachments, dated August, 2018

• Correspondence from PA DEP regarding the Modifications to Sedimentation

Basin No.2, dated August 10,2018

• Access Study prepared by Traffic Planning and Design, Inc., dated August 15,
2018

Slate Belt Heat Recovery Center - Supplemental Zoning Officer Review -12/21/2018
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 I. Introduction

This review letter is construed as a supplementary response to the Zoning Officer Review
Letters dated March 20,2018 and September 6,2018, which are both incorporated herein
as though more fully set forth at length.

All comments that were originally set forth within the March 20,2018 and September 6,
2018 Zoning Officer Review Letters shall still apply to the Preliminary Major
SubdivisionlLand Development Plans that are presently submitted, with the exception of
instances where a response is provided within this correspondence that directly conflicts
with or augments the content of the March 20, 2018 and September 6,2018 Zoning
Officer Review Letters.

II. Comments on Project Performance Review and Compliance Report

In the Project Performance Review and Compliance Report (PPRCR), dated August
2018, Slate Belt Heat Recovery Center (SBHRC) describes how its proposed facility is
expected to operate, and how the proposed facility is anticipated to mitigate adverse
impacts from odors, traffic, noise, etc. However, SBHRC is unable to provide
quantitative data and information about how the proposed facility will operate because
the proposed facility has never been constructed or operated in the United States
(however, SBHRC states that similar facilities are in operation outside the United States).
In the report, SBHRC liberally uses terms like "effectively control" or "mitigate
impacts," without quantifying the level of performance that Plainfield Township's
ordinances demand. Pursuant to current Township and Commonwealth law, Plainfield
Township maintains that any impacts must be reduced to an insignificant level.

Glaringly absent from the PPRCR, is a demonstration that the proposed facility will meet
the environmental protective requirements and performance standards set forth in
Sections 4 and 5 of the Township's Zoning Ordinance (Chapter 27 of the Plainfield
Township Code of Ordinances). The narrative provided in the PPRCR describes in
general terms the expected control techniques to be used, but does not provide objective
proof that the anticipated facility will achieve the performance levels claimed by
SBHRC.

In its review letters dated 3/30/2018 and 9/6/2018, the Township requested the
performance standards data of similar facilities, and the specific methods employed by
the Applicant to operate existing similar facilities in such a manner as to minimize health
hazards, odors, dust, noise, environmental degradation, unsightliness, the attraction,
harborage or breeding of insects, rodents or vectors and to eliminate conditions which
create safety hazards or impose an undue burden upon the Township or its municipal
services infrastructure. This information has not been received or is not adequate.

Slate Belt Heat Recovery Center - Supplemental Zoning Officer Review -12/21/2018
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Further, SBHRC has failed to perform a detailed evaluation of current, cumulative and
future effects of adverse environmental impacts associated with the proposed use. This
involves an evaluation of both on and off-site impacts that are reasonably foreseeable and
associated with the proposed activity. In addition, SBHRC must evaluate the proposed
activity within its proposed location and current context. The proposed SBHRC is located
on an active landfill site, which has experienced, and continues to experience, numerous
nuisance conditions over its decades of operation, including noise, traffic, malodors,
litter, vectors, etc. Additional burdens caused by the proposed facility must be evaluated
against these conditions, because the cumulative effect of these conditions may cause
more than insignificant environmental impacts. Plainfield Township asserts that SBHRC
should be able to provide an evaluation of, and make projections about, foreseeable
problems, as they have pointed to their stated years of experience with treatment of
biosolids or sewage sludge. "Out of range" operating conditions are acknowledged by
SBHRC (p. 8), and must be estimated, modelled and evaluated by SBHRC. SBHRC
references "discussions" with the proposed equipment supplier, as well as "experience at
similar facilities" in actual operation (p.13), but no specific data or details are provided.
SBHRC must provide specific details of such information or data. SBHRC projects an
estimated total of 84 additional truck trips per day will be generated by the proposed
facility (p.16), and notes that this is just less than 12% of the approved design level of
716 truck trips for Grand Central Sanitary Landfill (GCSL) truck traffic. However, this is
a significant increase in total truck traffic generated by various facilities or operations
located on the GCSL site, and creates additional burdens and impacts on the surrounding
area. The impact of additional truck traffic must be evaluated further by SBHRC.

In its review letters dated 3/30/2018 and 9/6/2018, the Township required SBHRC to
perform and evaluate the proposed use as follows:

1. Conduct a study, in advance, and identify the current, cumulative, and future
effects of adverse environmental impacts of all activities associated with the proposed
use. The study must identify and assess direct and indirect environmental effects that can
be negative or positive; identify and assess impacts that are immediate, short-term or
long-term; and which impacts can be incremental, compounding over time, or develop
over the passage of years;

2. Determine whether and to what degree the effects or impacts will infringe
unreasonably upon or violate the protected rights and values (air, water, scenic, historical,
natural, and esthetic) or unreasonably cause actual or likely deterioration of the listed
values; and

3. Unless the unreasonable effects or impacts of all activities associated with the
proposed use can be eliminated, or reduced to a level where the impacts are not
unreasonable, then the use cannot be permitted, pursuant to the requirements of §27-410
(1) (A) and (B).

Slate Belt Heat Recovery Center - Supplemental Zoning Officer Review -12/21/2018
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The PPRCR fails to comply. Because failure to perform an adequate study is
noncompliant with Plainfield Township requirements, and is grounds for disapproval,
Plainfield Township asserts that a satisfactory study must be performed.

In addition, the PPRCR does not evaluate the potential adverse environmental and health
impacts of hundreds of unregulated compounds that are known to be present in sewage
sludge. SBHRC must evaluate potential adverse environmental and health impacts of
these materials. A report recently issued by the Inspector General of the u.s.
Environmental Protection Agency, Report No. 19-P-0002, November 15,2018, identifies
352 pollutants for which a safety determination has not been made. Of the 352 pollutants,
61 pollutants are designed as acutely hazardous, hazardous, or priority pollutants.

The PPRCR does not demonstrate that the elimination of malodors, and other
contaminants, to an insignificant degree will be achieved. Several of the major operations
of the proposed facility are not enclosed. In order to achieve compliance with the
performance standards of Plainfield Township, the entire facility must be enclosed,
including, without limitation, sewage sludge receiving, vehicle washing, secondary
wastewater containment vessels, tanks and piping, and loading of finished product.

Further, all inbound sewage sludge transport vehicles must be certified as watertight and
have sealed lids or covers. Tarps are not an acceptable means of odor or dust control. All
outbound wastewater transport vehicles must be certified as watertight, sealed, and
suitable for safe and secure liquid transport.

No detail is provided for disposal of unsuitable in-bound sewage sludge (p.2). Detail
must be provided. No unsuitable in-bound sewage sludge should be disposed of at GCSL.
All waste water captured in the Secondary Containment Structure must be removed for
off-site disposal. No discharge to stormwater conveyance system, or the Pen Argyl
Municipal Wastewater Authority is permitted.

No detail is provided for disposal of off-specification finished or treated product (p.12).

Details must be provided. No off-specification finished or treated product shall be
disposed of at GCSL.

III. Review of Required Variances

Two Variances are required for the Land Development/Major Subdivision, identified as
follows:

• Variance Required (#1): A Variance is required from Section §27-316 (2) (II)
(2) of the Code of Ordinances of Plainfield Township due to the fact that the
proposed entrance and exit to the facility are not located along an Arterial or
Collector road.

Slate Belt Heat Recovery Center - Supplemental Zoning Officer Review -12/21/2018
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 Pursuant to the requirements set forth in §27-316 (2) (II) (2), the proposed
primary entrance and exit to the facility are not located along either an
Arterial or Collector road. The proposed primary entrance and exit to the
facility are located along an interior Private Access Drive of the Grand
Central Sanitary Landfill.

Further, the entrance and exit to the facility of the proposed "Pen Argyl
Road (S.R. 1011) Minimum Use Driveway" are not separated or clearly
designated. Further, the proposed entrances and exits to the facility are not
each at least thirty feet (30') in width. The proposed "Pen Argyl Road (S.R.
1011 Minimum Use Driveway" is proposed to serve the function as an
emergency access drive and will be gated to restrict vehicle access, as
indicated within both the Land Development plans as well as the Access
Study prepared by Traffic Planning and Design, Inc. dated August 15, 2018.

It is the determination of the Zoning Officer that the conditions and

provisions associated with the additional requirements set forth within
Section §27-316 (2) (II) (2) are not being met; a Variance from the Section is
required.

• Variance Required (#2): A Variance is required from Section §27-505 of the

Code of Ordinances of Plainfield Township to allow for an area of open space
between the proposed structures/improvements and the pond that is less than
f'dty feet (50'). Currently, there is no buffer of fifty feet (50') provided, as
proposed development associated with the facility encroaches into the
existing pond itself.

The Applicant has demonstrated compliance with Section §27-703 (3) (B) and §27-
703 (5) of the Code of Ordinances of Plainfield Township, as previously identified
within the September 6, 2018 Zoning Officer Supplemental Review Letter.

IV. Section §27-509 (Outdoor Storage Control) - Identification of Possible

Additional Variance Required

§27-509 (Outdoor Storage Control) of the Code of Ordinances of Plainfield Township

reads as follows:

1). No flammable or explosive liquids, solids, or gases shall be stored in bulk above the
ground, except for tanks or drums ofless than 600 gallons offuel which is directly
connected with engines, heating devices, or appliances located and operated on the same
lot as the tanks or drums offuel and which have been approved by the Township.

2). All outdoor storage facilities for fuel, raw materials, and products stored outdoors
(including those permitted in Subsection 1) shall be enclosed by afence ofa type,

Slate Belt Heat Recovery Center - Supplemental Zoning Officer Review -12/21/2018
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construction and size as shall be adequate to protect the public health, safety, and
welfare.

3). Materials and Wastes.

A. No materials or wastes shall be deposited upon a lot in such a form or manner that
they may be transported offby natural causes or forces.

B. No substance which can:

(1) Contaminate groundwater or surface water.

(2) Render groundwater or surface water undesirable as a source ofwater supply or

recreation.

(3) Destroy aquatic life.

Shall be allowed to enter any groundwater or surface water.

C. Applicable Department ofEnvironmental Protection regulations shall apply.

During the December 10, 2018 Special Planning Commission meeting, representatives of
the proposed SBHRC indicated that the applicant was attempting to demonstrate
compliance with Plainfield Township ordinances within the SBHRC Pennsylvania
Department of Environmental Protection (PA DEP) applications that are currently under
review by PA DEP officials.

Upon an additional review of the presently submitted Preliminary Land Development

application materials and the applicant's pending PA DEP applications, it is presently not
clear whether the identified Sulfuric Acid (5,000 gallons), Sodium Hydroxide (3,000
gallons) and Sodium Hypochlorite (5,000 gallons) above-ground storage tanks are
proposed to be located outside or inside the proposed primary Dryer Building.

Upon the review of the Facility Plan that was submitted as part of the applicant's PA
DEP General Permit application (General Permit Application No. WMGR160), three (3)
above-ground storage tanks are clearly depicted. Two of the above-ground storage tanks
appear to be designated for a final location outside the Dryer Building - specifically, the
Sulfuric Acid and Sodium Hydroxide above-ground storage tanks.

The PA DEP General Permit application Facility Plan (Figure 2 dated 3/13/2018)
EarthRes Group drawing indicates that the Sulfuric Acid and Sodium Hydroxide above-
ground storage tanks will be located "adjacent" to the Dryer Building. Another Facility
Floor Plan (Figure 3 dated 3/12/2018) drawing shows depicts all three (3) above-ground
storage tanks as possibly being situated inside the Dryer Building. It is not clear where
the Applicant is proposing to site the above-ground storage tanks.

Slate Belt Heat Recovery Center - Supplemental Zoning Officer Review -12/21/2018
Page 6
In the event that either of the Sulfuric Acid (5,000 gallons), Sodium Hydroxide (3,000
gallons) and Sodium Hypochlorite (5,000 gallons) above-ground storage tanks are
proposed to be located outside, a Variance would be required, identified as follows:

Variance Required (#3): A Variance is required from Section §27-509 of the Code of
Ordinances of Plainfield Township to allow for the bulk storage of flammable or
explosive liquids, solids, or gases above the ground.

V. Access Study Review (Compliance with §22-504.8- SALDO; Compliance with

§27-410.5- Zoning)

In order to assist in the review of the Access Study prepared by Traffic Planning and
Design, Inc., dated August 15,2018, Plainfield Township engaged the services of traffic
planning professional Mr. Peter Terry, P.E., PTOE, PMP, who is employed with
Benchmark Civil Engineering Services, Incorporated. Mr. Terry's review letter dated
December 21, 2018 is incorporated herein into this Supplemental Review Letter as
though more fully set forth at length.

If there are any questions or if any additional information is required upon the receipt of
this letter, please do not hesitate to contact the undersigned.

Thomas R. Petrucci
Township Manager
Alternate Zoning Officer

Enclosures (Zoning Officer Review Letter dated March 20, 2018; Zoning Officer
Supplemental Review Letter dated September 6,2018; Benchmark Civil Engineering
Services, Inc. Review letter dated September 21, 2018)

cc: Plainfield Township Board of Supervisors, Individually

Plainfield Township Planning Commission, Individually
Paige Gerstenberg, Plainfield Township Planning Commission Secretary
David Backenstoe, Esq., Plainfield Township Solicitor (via email only)
John Embick, Esq., Plainfield Township Environmental Special Legal Counsel
(via email only)
Farley Fry, P.E., Township Engineer for Synagro Applications (via email only)
Robert Lynn, P.E. Township Engineer for Synagro Applications (via email only)
Jason Smith, PWS, Wetlands Consultant, Plainfield Township (via email only)
Michael Brunamonti, P.E., Special Environmental Consultant (via email only)
James Hecht, Synagro Project Manager (via email only)
Elizabeth Witmer, Esq., Applicant's Legal Counsel (via email only)
David Allen, P.E., EarthRes Group, Inc., Applicant's Engineer (via email only)
Slate Belt Heat Recovery Center - Supplemental Zoning Officer Review -12/21/2018
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