Landfills located in both Lower Saucon and Plainfield Townships want to expand. The owners dangle financial carrots in the form of host fees, taxes and other financial incentives that make it hard to say No. But many residents wish they would. They are unsightly, smell and no matter how hard landfills try, pollutants always leech into the surrounding groundwater. But what's the alternative? Incineration is said to be worse. Dumping garbage in the ocean destroys our ecosystem. I'd really like to know. Until we can find a reasonable alternative, attempts at expansion will continue, and opposition will be fierce. The battle for Grand Central's expansion is just getting started, but the fight over the expansion of Lower Saucon's landfill is in full swing. Standing in one corner is Easton attorney Gary Asteak, representing the Citizens for Responsible Development. In the opposite corner are Bethlehem Landfill's corporate lawyers, being cheered on by two Trumpion Council members who pride themselves in disrupting meeting after meeting in what has become the most dysfunctional local government in the Lehigh Valley. And that's saying something.
Asteak has sued to stop the expansion. At one time, the City of Bethlehem owned and operated the Bethlehem landfill. It also owned surrounding tracts. In 1994, it adopted two conservation easements and a woodland easement. 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."
In 2023, Lower Saucon Tp voted to release these easements, but did so without the approval of the Orphans’ Court under the Donated or Dedicated Property Act (DDPA). Because the Township failed to take this step, and admits it never sought approval. Attorney Asteak contends the releases are invalid.
He has filed what is known as a Motion for Judgment on the Pleadings. Based on his assertions and the Township's admission, he contends the releases must be set aside as a matter of law.
Good argument, but the question still remains - what would we do without landfills?
