According to both the "Citizens for Responsible Development" (CRD) and their attorney, Gary Asteak, NorCo Judge Abe Kassis issued a ruling yesterday that, if it stands, will make a desired expansion of Bethlehem Landfill highly unlikely. According to both Asteak and CRD, Judge Kassis reinstated two conservation easements and a woodland easement that were adopted by the City of Bethlehem in 1994, when it owned the Bethlehem landfill.
The conservation easements preserve 208 acres of landfill property for scenic and conservation purposes and specifically exclude landfills. The woodland easement, which applies to 8 acres, is intended to preserve undisturbed woodland. It was binding on both the City and future owners to preserve the Delaware and Lehigh Canal Heritage corridor as well as "the original character and scenic nature of the land."
Judge Kassis concluded that Lower Saucon Tp, under a previous Council, violated the Donated or Dedicated Property Act when it rescinded these easements without first seeking approval from the Orphans Court. If this ruling stands, Bethlehem Landfill will be unable to expand into any areas protected by these easements.
CRT applauded the ruling as "a crucial affirmation of the public’s rights and the legal protections created decades ago to preserve the character, ecology, and scenic integrity of this landscape.”
Bethlehem Landfill provides waste disposal services for five area counties, including Northampton and Lehigh. It has a 201-acre permit and was approved by DEP for a 40-acre expansion. It was cited last January for failing to control odors.
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