Environmental Hearing Board Allows 2nd Appeal Of Tri-County Landfill Permit To Move Forward Over Threats Posed By Birds, Radioactive Oil & Gas Waste

On April 5, the Environmental Hearing Board denied motions by appellants-- Liberty Township and the Citizens Environmental Association of Slippery Rock Area-- and the permittee-- Tri-County Landfill-- in Mercer County to dismiss the appeal of DEP’s permit for the landfill  and allowed the case to move forward.  [EHB Docket # 2023035]

The Board said, “The appellants have not shown on the basis of the summary judgment record that their claims are entitled to summary judgment. The permittee has not shown that the appellants cannot possibly succeed on claims related to two of the permitted outfalls.”

The appeal will now proceed on its merits.

Among the issues raised by the appellants in their original appeal and in this case were--  concerns the landfill’s operation would attract birds and interfere with the operation of the nearby Grove City Airport; the oil and gas drilling wastes the landfill was allowed to accept presented a radiation hazard; and the landfill’s compliance history.  Read more here.

In January, the Environmental Hearing Board denied Liberty Township and the Citizens Association a 2021 appeal of an earlier DEP permit decision on the landfill.  That decision was appealed to Commonwealth Court by the township and citizens.  Read more here.

The Board’s 113-page adjudication in January was very critical of the case made by the appellants and the lack of expert testimony and the presentation of evidence relevant to the issues they raised.

Click Here for a copy of the latest EHB ruling.

Visit the Environmental Hearing Board website for more information on appeals of DEP actions.

Related Articles - Tri-County Landfill: 

-- Liberty Twp., Citizens Group Appeal EHB Decision On Permit For Tri-County Landfill In Mercer County Over Threats Posed By Birds, Radioactive Oil & Gas Waste  [PaEN]

-- Environmental Hearing Board Denies Liberty Twp., Citizens Group Appeal Of DEP Tri-County Landfill Permit Over Threats Posed By Birds, Radioactive Oil & Gas Waste In Mercer County  [PaEN]

Related Articles:

-- DEP Issues $1.1 Million Civil Penalty To Equitrans For Violations Related To The Uncontrolled Venting Of 1.1 Billion Cubic Feet Of Gas From The Rager Mountain Gas Storage Area In Cambria County  [PaEN]  

-- New Penn State Study Shows Continuous Radioactive Radium Exposure From Oil & Gas Wastewater Poses A Threat To Aquatic, Human Health As It Accumulates In Aquatic Species  [PaEN]

-- Better Path Coalition Hosts April 19 Virtual Brown Bag Briefing With Justin Nobel On His New book About Radioactive Waste From The Oil & Gas Industry  [PaEN]  

-- The Derrick: State Intervenes In Venango Water Case [Fallout Continues From Conventional Oil Well Wastewater Spill]  [PaEN]

-- CNX Completing $20 Million Fresh Water Pipeline To Serve Future Shale Gas Drilling, And Potentially Local Communities As An Alternative To The Westmoreland Municipal Authority  [PaEN] 

-- Act 14: Little Known State Law Gives Municipalities, Counties First Chance To Comment On DEP Permits Before Applications Are Submitted; Critical First Step In Public Involvement  [PaEN] 

[Posted: April 10, 2024]  PA Environment Digest