On Friday, prominent Easton Attorney Gary Asteak filed a lawsuit that, if successful, will put the brakes on the controversial planned expansion of Bethlehem Landfill. At a crowded meeting right before Christmas (Dec. 21), Lower Saucon Tp Council voted 3-2 to approve zoning changes that would allow the dump to add 275.7 acres to the dump site. This will more than double the existing 212 acres. Council members Jason Banonis, Thomas Carocci and Mark Inglis voted Yes, while Sandra Yerger and Priscila deLeon said No. This enlargement was also panned by the Lehigh Valley Planning Commission as contrary to the "health, safety and welfare" of the Lehigh Valley.
The zoning appeal has been filed on behalf of Bruce and Ginger Petrie, Lawrence and Margaret Opthof, Frank Palumbo and Robert and Cynthia McKellin.
Asteak's two-pronged lawsuit (you can read it below), filed on behalf of seven residents opposed to the expansion, contends that the zoning change is invalid on its face (void ab initio) because Lower Saucon Township failed to adhere to strict notice requirements concerning advertising and posting contained in the Municipalities Planning Code. In addition, he claims that the zoning changes run afoul of a Scenic and Conservation Easement along the Delaware and Lehigh Canal National Heritage Corridor.
This preservation easement was granted to the City of Bethlehem. Bethlehem is always adopting climate action plans, so this might be a way for the City to actually take action - acta non verba. Northampton County also has the legal standing to oppose any permits.
The landfill, incidentally, plays hardball. It pours money into local races. In 2015, it spent nearly $150,000 to buy the Lower Saucon Council race. Corporate contributions are illegal, but permitted if done as "independent expenditures." Priscilla deLeon managed to hang onto her seat by a scant five votes.
Landfills are necessary. They make more sense than incinerators or ocean dumping. Host communities do see a financial windfall. Our tendency to want so many things exacerbates the problem. But an expansion that gobbles up preserved land should be fought tooth and nail.
The seven residents who filed this suit have released a statement that, in part, says they've been betrayed: "“We filed this appeal because the majority of Lower Saucon Township Council betrayed the trust we instilled in them to protect us. The landfill came before council in October with this proposed ordinance and text amendments hoping they would get a blank check to expand their out of state garbage operation without the protections afforded to the residents who live here. They must be held accountable for their violations of public trust and law. Since they will not fulfill their oath of office we had no other choice to protect our Township against destruction by the landfill.”
Bethlehem Landfill Lawsuit by BernieOHare on Scribd
20 comments:
It has to go somewhere. As awful as it sounds, ocean dumping isn't that bad at all. Floating plastic is a result of unsecured shoreline trash, mostly in Asia. Ocean dumping has never been a problem, except for the fuel cost to run barges far enough away from shorelines compared to trucks making landfill trips.
And they will cry like babies as the township loses the money from the landfill and landfill prices go up.
Common sense should prevail! We the people...
It has to go somewhere. As awful as it sounds, ocean dumping isn't that bad at all."
Whether it is a landfill, incinerator or ocean, they all sound awful. But the reality is we produce waste and there must be some way to dispose of it. I do object to the use of preserved land for a landfill expansion. I do think we should be reluctant to accept them in this state until legislative changes are made that would permit a landfill to ban waste from other states. The current argument is that the ICC requires landfills to accept out-of-state waste (Philadelphia v. NJ), but Congress could regulate this practice.
The best way to eliminate the need for expansions is to stop buying everything. We are all guilty. I am somewhat of a minimalist, but that's mostly an economic decision.
Northampton County has three large landfills. Other Counties have none. These landfills are 'Mountain Time Bombs" waiting to blow up. The gases are supposed to be trapped and burn off to dispense with the gas. You only need one of these "burn off units" to stop functioning and garbage will be flying for miles. Just recently the Chrin Landfill had an avalanche of garbage that caused a main road to be unusable. Each County should have their own landfill and each state should have the right to ban out of state garbage.
"Ocean dumping isn't that bad at all" How about your front yard?
Opening up dumping on preserved land should be a no go as well as accepting out-of-state trash. Additionally, let's stop making so much of it. Beef up the recycling business and require companies to use more and more closed-loop processes. Its a win-win because as you take back your original finished product for re-processing, you don't need to tap fresh resources to make the new product. Finally, get a handle on the materialism that the ad market and corporate America have convinced us is the path to happiness. I see garages that used to hold cars that are now so full of "stuff" that the cars sit in the driveway. Do you really need another..."..."? As I get older, I realize how much I used to buy something because I thought I "needed" it when, in fact, I just "wanted" it. Hold on to the things that are really precious to you and let the rest go...your kids that will end up cleaning out your house when you're gone will thank you for it. So will our planet of finite resources. BTW, thrift stores are great too! Part of the recycling loop.
I am always amazed by the amount of garbage people accumulate. It really is staggering to see so many garbage cans in front of houses on garbage day. I recycle like a nut, which is probably more for my mental health than the health of the environment and am distressed to see what people throw away vs. what should be recycled. This time of year, too, it is sad to see once beautiful trees curbside and waiting to be thrown in a landfill. It would be nice if Bethlehem offered Christmas tree pick-up after Christmas so at least the trees are mulched.
Bethlehem does pick up trees. Perhaps you need to learn more about recycling.
Bernie
I don't believe the US has allowed Ocean dumping of trash for several decades now. Correct me if I am wrong.
The EPA only permits dredging material to be disposed via ocean dumping.
https://www.epa.gov/ocean-dumping/ocean-disposal-sites
6:38 pm: Thanks, Willie. Perhaps Bethlehem should do a better job advertising the tree pick-up because it doesn’t seem as though many know about the service.
I don't believe the US has allowed Ocean dumping of trash for several decades now. Correct me if I am wrong.
It is heavily regulated but permitted.
""Ocean dumping isn't that bad at all" How about your front yard?"
This simpleton's comment is why we struggle with our trash. Suggesting a front yard has anything in common with oceans that are miles deep and cover two thirds of the planet, betrays a troubling lack of critical thinking and a failure of the systems we use to educate. The EPA has limited types of ocean dumping because it's heavily influenced by landfill operators and "big garbage." Dumping in the ocean is far safer and more sound than dumping on land (aka on people's "front yard").
Everybody knows about it except the people who blame others for their own ignorance.
BOH @ 12:32 - Wasn’ t the ICC abolished more than 25 years ago and it’s functions transferred to various other gov’t agencies?
You mentioned the landfill's 2015 spending, but they also poured $75,000 into the 2019 election to elect Banonis and Carocci (and their running mate Zavacky, who resigned a few months into her term and they replaced with Inglis). Banonis and Carocci -- both lawyers who should know better -- got so angry about their opponents bringing it up that they sued them personally for defamation. Of course, the case got thrown out.
$75,000 seems like a very small price to pay to buy 3 seats and a zoning change that will generate millions in profits for decades to come, so kudos to the landfill's lobbyists I guess.
Here's an article about the landfill's 2019 spending: https://wlvr.org/landfill-owner-dumps-75000-into-lower-saucon-township-council-race/
Something is rotten in Lower Saucon. Jason Banonis also runs State Rep Milou Mackenzie’s fundraising committee. I find it interesting that Rep Freeman opposes this and sent a public letter out while Rep Mackenzie is AWOL. (Freeman and Mackenzie both represent parts of Lower Saucon Township)
"Wasn’ t the ICC abolished more than 25 years ago and it’s functions transferred to various other gov’t agencies?"
The ICC I refer to is the Constitution's Interstate Commerce Clause. I shouold havebeen more clear.
I'm sure the plaintiffs drag their cans out to the curb every week like the rest of us roaches.
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