STT: Judge in Harrisburg hears appeal against massive expansion of Keystone Landfill

HARRISBURG — Members of groups opposed to a massive, 42-year-long expansion of Keystone Sanitary Landfill testified Monday to a Pennsylvania Environmental Hearing Board judge that they are concerned negative impacts of the facility will grow.

Attorneys for the landfill owned by brothers Louis and Dominick DeNaples and the state Department of Environmental Protection countered the landfill is a regional necessity for garbage disposal, highly regulated and has been well-run over decades.

Sitting in the state capital of Harrisburg, Pennsylvania Environmental Hearing Board Judge Bernard A. Labuskes Jr. began hearing the appeal by the civic group Friends of Lackawanna and environmental advocacy organization the Sierra Club.

The landfill first proposed the expansion in 2014, spurring the Friends of Lackawanna to form in opposition. In 2021, the Department of Environmental Protection approved the 42.4-year expansion called Phase III that will bring in 90 million more tons of trash.

The Friends group appealed the DEP approval to the EHB and the Sierra Club joined the fight against the expansion.

In opening remarks, Friends of Lackawanna attorney Mark Freed said that the DEP has allowed the landfill, just because it already exists, to keep growing and growing, and despite not being able to adequately handle leachate on site.

“When is enough is enough,” Freed said. “At this point, it’s too much.”

Sierra Club attorney Elizabeth Bowers claimed the landfill has been incapable of adequately treating and disposing the leachate liquid that percolates through the trash piles. The landfill has had to regularly truck leachate away for disposal, she noted.

In their separate opening statements, Keystone attorney David Overstreet and DEP attorney Lance Zeyher described the landfill as well-designed, tightly regulated and responsive to concerns.

The DEP did a thorough “harms and benefits” analysis in its 2021 approval of the major permit modification allowing the expansion, Zeyher said. Any problems that arise are engineering problems that can be resolved, he said.

“Make no bones about it, this is a large expansion,” Zeyher said. “Landfills are not popularity contests, but you know what, we need them.”

Describing the expansion approval as a “permit decision,” Zeyher said, “Friends of Lackawanna would like to say enough is enough, shut it down, walk away. It’s not that simple.”

As for leachate problems, the amount of leachate generated by the landfill has been “juiced up,” but that’s because there has been more rain, Zeyher said. Leachate, odors, dust, mud, birds all are not “unsolvable” issues and there are engineering solutions to problems, he said. He also defended the landfill as well-run over its past 40 years.

“Keystone is not a bad actor,” Zeyher said. “In fact, it’s the opposite of a bad actor.”

Overstreet, the landfill attorney, added, “We have a 40-year story to tell here. We have a 40-year story of compliance.”

The proceedings included testimony by Friends of Lackawanna Treasurer Pat Clark of Dunmore and Sierra Club members John Mellow of Archbald and Sarah Helcoski of Jessup.

“The state is sanctioning a concentration of risk on our area,” Clark testified. “This comes down to money. This is not about the environment.”

Roger Bellas, the DEP’s waste program manager for the northeast regional office, also testified at length about the landfill leachate, including that since 2015 there has been “excessive leachate” above predictions and models, and the DEP had concerns about the accuracy of leachate flow rates in each phase of the landfill.

Part of the landfill response to deal with leachate has been “tarping and trucking,” or using tarps to direct rainwater away from trash and “aggressively trucking” leachate to facilities in Altoona and Passaic, New Jersey, as well as using banks of large tanks for temporary emergency storage of leachate on site, Bellas testified.

Freed asked Bellas what analysis DEP did of the impact of trucking leachate out. Bellas testified there has not been any such specific analysis.

The hearings are expected to resume Tuesday and continue to May 1.


Judge in Harrisburg hears appeal against massive expansion of Keystone Landfill | News | thetimes-tribune.com

STT: Major projects adding value to Dunmore Corners

The ongoing transformation of Dunmore Corners falls in line with Mayor Max Conway’s vision. Conway, elected mayor in November 2021, has pushed to enact positive change and growth in the borough.

Several projects — including renovations to the Fidelity Bank building on North Blakely Street and construction of the 40-unit Bucktown Center senior apartment complex at East Drinker and South Apple streets — along with the success of burgeoning small businesses makes Conway optimistic about the future in Dunmore.

“When I ran for mayor, this is what I wanted to happen,” he said. “I wanted to see all this development. To see it all happening at once is a little bit overwhelming, but it’s such good news for the borough. It goes to show people want to be here, they want to spend money here and they want to invest.”

Fidelity began renovations to its Dunmore branch — a staple in the community since 1902 — in late 2022 and plans to hold a grand opening of the remodeled facility May 4 from 11 a.m. to 2 p.m.

The revamped branch features modern amenities and public meeting conference rooms available for free booking by both clients and non-clients through the Fidelity Bank website.

In addition, Electric City Roasting Co. established a café in the bank lobby and will also utilize the first lane of the drive-thru.

“We are thrilled to introduce our beautifully reimagined Dunmore branch to our valued clients and the Dunmore community,” said Daniel J. Santaniello, president and CEO of Fidelity Bank. “Additionally, we are proud to announce our partnership with Electric City Roasting, enriching our branch experience with locally roasted coffee and enhancing the sense of community within our walls. Our goal was to create a space where all are welcome, and it’s the perfect blend of banking and brewing, offering not just financial services but also a warm and inviting atmosphere for our community to gather and connect.”

Conway praised Fidelity officials for their work to both update and preserve the property.

“The building has been there since the early 1900s, so I love that they kept a lot of the classic look while also adding a modern touch,” he said.

Across the street, The Wonderstone Gallery, a staple on North Blakely Street for more than a decade, closed in March and owner Beth Ann Zero plans to relocate the yoga studio and gift shop to the former King Joe’s Gym building, 622 E. Drinker St.

Conway anticipates seeing the North Blakely Street storefront revitalized.

“I’ve heard rumblings about the guy who purchased it and what he plans on doing,” he said. “I don’t know exactly what those plans are at this point, for sure, but I know he’s definitely investing in the property.”

Meanwhile, the approximately 46,000-square-foot Bucktown Center, will drastically alter the landscape in the area, Conway said.

Michael Kelly, president of Scranton-based Senior Health Care Solutions, purchased several properties on the 200 block of East Drinker Street to accommodate the project. United Neighborhood Centers of Northeastern Pennsylvania will manage the apartments, which will be open to individuals 62 and older.

“They had their groundbreaking and I think they’re really going to start in earnest over the next couple weeks,” Conway said. “That’s going to be an incredible visual change to the corners. When you’re driving down Drinker Street, it’s going to be a really massive building and I know they’ll do a great job with it. They’re going to have senior apartments upstairs and commercial space on the main level. I was talking to the developer, and he’s already had some interested parties who want to put various things there. Whether it’s a restaurant or a clothing store ... I think they’ll have a great space.”

Conway feels the new building could potentially benefit people of all ages.

“Dunmore is not the youngest community; I know there is a real need for senior housing,” he said. “I would love to see our older people be able to age here comfortably in brand new apartments and it may even open up more housing in Dunmore. If older folks have a comfortable place they can move to, it’s possible it could open more single-family home stock for first-time buyers which I would love to see as well.”


Scranton Times adding value to Dunmore Corners | News | thetimes-tribune.com

STT: Pa. Environmental Hearing Board to hear to Keystone Sanitary Landfill expansion appeal Monday

The future of the Keystone Sanitary Landfill is about to be in the hands of the Pennsylvania Environmental Hearing Board.

Nearly three years after the state Department of Environmental Protection approved the Louis and Dominick DeNaples-owned landfill’s controversial Phase III expansion, Friends of Lackawanna, joined by the Sierra Club, will go before the state Environmental Hearing Board this week in hopes of halting the landfill’s expansion before it can triple its volume in Dunmore and Throop.

On the other side of the hearing room, the DEP will defend its June 3, 2021, decision to approve a major permit modification allowing the landfill to continue hauling in garbage until at least the 2060s. Keystone will contend it is a “well-designed, tightly-regulated and well-run regional solid waste disposal facility that has been under constant and continual oversight and inspection by the (DEP) for decades,” according to the landfill’s pre-hearing memorandum filed April 1.

Grassroots group Friends of Lackawanna, which formed in 2014 in opposition to the landfill and its expansion, appealed the 42.4-year expansion on July 5, 2021.

“The approval of the Phase III major modification of the KSL landfill is inconsistent with, and unreasonably infringes on the community’s constitutional right to clean air, pure water, and the preservation of the natural, scenic, historic, and esthetic values of the environment,” attorney Mark L. Freed of Curtin & Heefner LLP in Doylestown wrote in the appeal.

The Sierra Club, a California-based nonprofit organization with a local and statewide presence, received approval from the Environmental Hearing Board on Jan. 19, 2022, to intervene on Friends of Lackawanna’s behalf after successfully arguing it has local members affected by the landfill. The organization describes itself online as “the most enduring and influential grassroots environmental organization in the United States.”

DEP spokeswoman Colleen Connolly said in an email the department does not comment on pending litigation.

The expansion

The site of the 714-acre landfill has been consistently used for waste disposal since the 1950s, and the Keystone Sanitary Landfill has been permitted and operating there for more than 50 years, according to Keystone’s hearing board filings.

The original Keystone/Dunmore Landfill operated from the early 1970s by filling old strip mine pits through the late 1980s and predated existing landfill regulations enacted in 1980, according to Keystone’s pre-hearing memorandum.

Phase I of the landfill, broken down into two sites known as Tabor and Logan, received approval in 1988, with waste disposal beginning in 1990. The Tabor portion of Phase I closed by 2003, and the Logan portion closed by 2007, according to the filing. The DEP approved Keystone’s Phase II expansion in 1997; the landfill began disposing waste under Phase II in 2005.

Nine years later, the landfill sought its massive Phase III expansion in 2014.

The expansion allows Keystone to haul in just over 94 million tons of waste, or about 188 billion pounds. The Phase III disposal area spans approximately 444 acres, and Keystone is permitted to accept up to 7,500 tons of garbage in a day, according to the memorandum.

Prior to Phase III, the landfill was permitted to dispose of 61.9 million cubic yards of waste. The 126.5 million cubic yard expansion tripled the landfill’s total capacity to 188.4 million cubic yards. Spread out evenly across Dunmore’s 8.92 square miles, the Phase III expansion would bury every inch of the borough under nearly 13 ¾ feet of garbage. The landfill’s entire 188.4 million cubic yard capacity from Phases I to III would cover Dunmore in about 20 ½ feet of waste.

With its solid waste permit set to expire April 6, 2025, Keystone filed an application with the DEP this month to renew its permit. The landfill is required to renew its solid waste permit every 10 years.

According to its application, the landfill began disposing waste in its Phase III expansion area in January, projecting to continue through February 2061.

However, a breakdown of the landfill’s capacity included in the renewal estimates that, as of March 20, Keystone has 47.34 years of remaining life, meaning it would not exhaust its capacity until July 2071.

Keystone had space for close to 104.7 million tons of garbage as of March 20.

Landfill attorneys Jeffrey Belardi of Belardi Law Offices in Jessup and David R. Overstreet of Overstreet & Nestor LLC in Pittsburgh did not respond to emailed questions by deadline Friday regarding the hearing and permit renewal. Landfill consultant Al Magnotta declined to comment.

The appeal

Monday will mark Friends of Lackawanna’s second time going before the Environmental Hearing Board after unsuccessfully appealing Keystone’s operating permit nearly a decade ago.

The Environmental Hearing Board is a five-member independent, quasi-judicial agency. The five judges, who serve six-year terms that can be renewed, are appointed by the governor and confirmed by the state senate. Judge Bernard A. Labuskes Jr. presided over Friends of Lackawanna’s first appeal and will again preside over their new appeal.

Friends of Lackawanna filed its first appeal May 7, 2015, citing underground fires, groundwater contamination and damage to liner systems. On Nov. 8, 2017, the board ruled it would not rescind the landfill’s operating permit, though it did require Keystone to prepare a groundwater assessment plan because of leachate contamination that a monitoring well had detected since 2002.

That same well, called MW-15, will once again play a key role as Friends of Lackawanna argues the landfill’s groundwater monitoring network detected groundwater degradation from leachate in the area of the well.

The Environmental Hearing Board’s 2017 decision also criticized the DEP, with Labuskes writing, “The (DEP) relies upon formal, memorialized violations in conducting its review of Keystone’s compliance history, but the department, with rare exceptions, never memorializes any of Keystone’s violations.”

The DEP subsequently cited the landfill with nine odor-related violations on Jan. 25, 2023, one odor violation Dec. 13 and four more odor violations Jan. 8.

The DEP also suspended the landfill’s settlement accommodation plan operations, or SAP, in November, which had allowed Keystone to remove the cover on top of waste piles that had naturally settled below their original height and then deposit additional waste to “reclaim air space.” The SAP accounted for less than 10 acres of the landfill.

Most recently, the DEP received nearly 1,000 odor complaints from Sept. 1 through early April, and department staff have detected offsite odors in at least 70 instances, the department said earlier this month. In its pre-hearing memorandum, the DEP largely attributed the odor violations between fall 2023 and spring 2024 to the SAP, inadequate covering of the garbage and other operational issues at the landfill.

The landfill questioned the credibility of the complaints in its pre-hearing memorandum, asserting many of the complaints are baseless, “if not falsely reported by anti-landfill activists,” and that there are other sources of odors.

On March 29, the landfill and DEP reached a settlement that required Keystone to undergo 26 corrective actions with set timelines to mitigate odors, as well as paying out a total of $575,000 in fines to Dunmore, Throop and the DEP. Both boroughs are required to use the $180,000 each they will receive for community environmental projects.

Topics during the hearing will include odors, groundwater, leachate management and other harms and nuisances, such as birds congregating at the landfill, according to Friends of Lackawanna’s March 11 pre-hearing memorandum.

The outcomes

Pat Clark, a leader of Friends of Lackawanna, hopes the Environmental Hearing Board will shut down the landfill and give it a reasonable time to safely wind down operations. The DEP erred in granting the expansion, he said.

“All it feels to me like we’re doing is concentrating the risks on the citizens of Northeastern Pennsylvania for the next 47 years now,” he said. “All we’re doing is letting a megadump become the megadump, and at some point, like our argument has been the whole time … when is the burden that a community that needs to bear too much?”

Noting the Environmental Hearing Board’s comments on a lack of memorialized violations at the landfill, Clark said, “Take the EHB at face value. They couldn’t really do anything, they couldn’t change anything, because there were no recorded violations. Well, that couldn’t be further from the truth now.”

In its April 1 pre-hearing memorandum, Keystone lashed out at Friends of Lackawanna and its demands to close the landfill.

“That would cause jobs to disappear, revenues to local governments to be slashed, the cost of waste disposal to skyrocket, and millions of dollars in investments to be rendered worthless,” landfill attorneys Belardi, Overstreet and Christopher R. Nestor wrote, calling Friends of Lackawanna an echo chamber. “FOL, chanting ‘enough is enough,’ purports to speak on behalf of the communities surrounding KSL. But, the fact is that FOL does not speak on behalf of any of those communities.”

When the DEP approved the Phase III expansion, it said it had received more than 1,500 public comments. Of those, more than 1,400 opposed the landfill, in addition to Friends of Lackawanna submitting a letter with handwritten comments from more than 125 people and a log of more than 700 people who petitioned against it online.

By comparison, the department received over 125 comments in favor of the expansion. The DEP also received a petition with more than 1,000 signatures supporting the landfill.

Keystone does not contend it is perfect, but no modern landfill is perfect, its attorneys wrote.

“But the standard is not perfection, as FOL and Sierra Club suggest it must be. That is because, when it comes to operating a regional solid waste disposal facility, perfection is not possible,” Nestor, Belardi and Overstreet wrote, adding, “Keystone strives, daily, to achieve full and complete compliance at KSL. No expense is spared. No request for action by the (DEP) is refused. Keystone is diligent, responsive, and responsible.”

Clark said he is very confident heading into the hearing. Friends of Lackawanna considers the 2017 ruling to be an unfortunate setback but an enlightening roadmap, he said.

“How long is the state going to stand by and just watch this disaster unwrap itself in slow motion?” Clark said.

The hearing will begin at 10 a.m. Monday in Harrisburg with a scheduled end date of May 1.


Keystone Sanitary Landfill to pay nearly $600,000 in penalties, undergo 26 corrective actions for odors

From the STT:

The Keystone Sanitary Landfill will pay a nearly $600,000 civil penalty and undergo more than two dozen required corrective actions to mitigate its odors as part of a settlement reached Friday with the state Department of Environmental Protection.

The settlement is the culmination of 14 odor-related violations since January 2023, close to 1,000 odor complaints in seven months and at least 70 instances of DEP staff detecting offsite landfill gas and leachate odors attributed to the Louis and Dominick DeNaples-owned landfill.

Since Sept. 1, the DEP has received 954 odor complaints about the landfill, DEP spokeswoman Colleen Connolly said in a text.

Landfill consultant Al Magnotta contended the determination of an odor and its source are very subjective and vary from person to person.

“We have scientific hard data related to wind speed and direction along with air emissions disbursement models that are at odds with numerous incidents identified in the Consent Order Agreement,” Magnotta said in an emailed statement. “Going forward both KSL and DEP will be using proven scientific instrumentation devices that will eliminate the subjectivity determination as to an odor and its source during the investigation of future complaints.”

The landfill has already started implementing, and in some cases completing, the advanced mitigation program detailed in the agreement, Magnotta said.

Totaling $575,000, the civil penalty is the largest fine issued to the landfill, the DEP said in a news release Monday announcing the settlement. The penalty will be divided among DEP and the landfill’s host municipalities, with $180,000 each to the department, Dunmore and Throop. Keystone will also pay $35,000 to reimburse DEP for costs.

Dunmore and Throop will be required to use their shares for community environmental projects that will “substantially improve, protect, restore or remediate the environment, or which improve, protect or reduce risks to the public health or safety,” according to the consent order and agreement.

In addition to the fines, the landfill is required to undergo 26 corrective actions to mitigate odors pertaining to its leachate storage, leachate treatment and temporary and permanent covers for its waste piles, according to the consent order and agreement. Leachate is the liquid that percolates through garbage piles.

The majority of the corrective actions have specific deadlines to carry out the work. Actions include using a foam and additive in its leachate, using a new temporary cover system on its waste, applying with DEP to install two 2.5-million-gallon leachate storage tanks rather than its current leachate lagoons, re-evaluating the effectiveness of its reverse osmosis system to treat leachate, implementing additional surface monitoring and accelerating its capping schedule of at least 30 acres to minimize areas with a temporary cover, according to the DEP and the settlement. If the landfill fails to comply, it will be fined $250 to $500 per day for each violation, depending on the violation.

In total, the DEP determined the landfill:

  • failed to implement its nuisance minimization and control plan, permitted the emission of a malodorous air contaminant from the facility into the atmosphere that were detectable outside of the facility, failed to prevent and control air pollution

  • failed to implement its gas control and monitoring plan

  • failed to maintain a uniform intermediate cover that prevents odors

  • failed to properly conduct enhanced surface monitoring on intermediate slopes

The failures violate the Solid Waste Management Act, the Air Pollution Control Act, DEP’s regulations and conditions in the landfill’s existing permits, according to DEP.

It is unacceptable for the landfill to disrupt and endanger residents’ quality of life, Dunmore Mayor Max Conway said. “While I appreciate the DEP’s action, it’s obvious that continued vigilance and pressure are necessary to ensure such violations are addressed promptly and effectively now, and if necessary, in the future,” Conway said. “I hope the message is clear: Our residents deserve better.” The $180,000 penalty is a start, but it should be more, Conway said.

Throop Council President Rich Kucharski agreed. “We won’t turn it away,” he said. “It’s still a minimal price to pay with respect to all the odors and everything that the residents have had to endure.” The corrective actions are most important, though, Kucharski said. “The money is obviously not significant based on the operation and the amount of trash they bring in and the amount of money they bring in,” he said. “The critical piece is the fix.”

“For Pat Clark, a leader of grassroots group Friends of Lackawanna, which formed in 2014 in opposition of the landfill and its now approved expansion, the settlement is “a direct acknowledgement by both the landfill and DEP that this facility is hazardous, harmful and detrimental to our quality of life.”

”

Friends of Lackawanna will go before the Pennsylvania Environmental Hearing Board on April 22 to appeal the landfill’s Phase III expansion, which the DEP approved June 3, 2021.

The expansion allows Keystone to continue hauling in garbage for the next four decades, totaling just over 94 million tons of trash, or about 188 billion pounds.

Clark believes the settlement strengthens their case to overturn the expansion. “We started this fight with a file that was empty,” he said. “There were no logged complaints, no violations, no anything.”

Clark thanked residents of Northeast Pennsylvania and Friends of Lackawanna’s supporters for their willingness to speak up and log complaints, attributing the settlement to sustained community involvement.

“After years of calls falling on deaf ears coupled with no violations or penalties, the file continues to grow against KSL,” Clark said. “It took ten years to start being heard. It’s about time.”

Timeline of recent odor violations

  • The DEP first cited the landfill with nine odor-related violations on Jan. 25, 2023, after receiving 233 odor complaints from Sept. 1, 2022, to Jan. 20, 2023.

  • The DEP began conducting daily odor patrols in areas surrounding the landfill on Nov. 13 in response to additional odor complaints.

  • Eight days later on Nov. 21, the DEP blamed uncontrolled odors and suspended the landfill’s ability to remove the cover from existing piles of garbage that had naturally settled to bring the trash piles back up to their original height and reclaim “lost air space.” The suspension affected less than 10 acres of the 714-acre landfill. Keystone subsequently appealed that suspension to the Pennsylvania Environmental Hearing Board.

  • The department cited the landfill again on Dec. 13 for an odor violation, followed by four more odor violations on Jan. 8.

  • Since Sept. 1, the DEP has received 954 odor complaints about the landfil

  • April 1, 2024 DEP and KSL negotiate a Consent Order and Settlement for odor violations, including creating malodors, at its facility in the boroughs of Dunmore and Throop between November 2023 and February 2024, and impacting residents in several surrounding communities.

DEP hold KSL accountable for Odor Concerns, reaches settlement on civil penalty

DEP hold KSL accountable for Odor Concerns, reaches settlement on civil penalty and requires KSP to immediately begin Mitigating Odors.

The DEP has entered a Consent Order and Agreement with KSL for odor violations, including creating malodors, at its facility in the boroughs of Dunmore and Throop bewteen November 2023 and February 2024, and impacting residents in several surrounding communities.

DEP and the two boroughs will split a $575,000 civil penalty; this is the largest fine issues to KSL to date.

DEP will continue monitoring and responding to complaints to ensure KSL complies with the agreement and reduces odors at the landfill.

Chris Kelly Opinion: The Hi and Lois of landfills

Excerpt: Our Stiff Neck of the Woods, the sights and scents of spring include garbage trucks, swirling squadrons of garbage gulls and Eau de Newark. The “Hi and Lois” strip from Sunday bloomed in time to remind us living in the growing shadow of Mount Trashmore the existential threat it poses to the region’s health, wealth and future prospects.

“The bigger this thing grows, the more likely it is going to be to drive away any desire to start companies here, to relocate families here in the future,” Pat said, “because that will be the dominant first thing anyone will think of, and reputation and brand matters.”

Green Energy or Greenwashing? Inside FortisBC’s ‘Renewable Gas’ Claims

Excerpt: Northeast Pennsylvania is home to the state’s largest landfill, almost three square kilometres of household and industrial waste, a grey moonscape of trash almost the size of Stanley Park. On the dump’s western corner, not far from the town of Scranton, a column of silver compressors works away, turning the landfill’s methane into “renewable natural gas” by a company owned by BP, formerly British Petroleum.

Despite Fortis’s climate-friendly branding, renewable natural gas emissions impacts can vary. In some cases, Emily Grubert, associate professor at the Keough School of Global Affairs at the University of Notre Dame, found it can be more polluting than fossil gas. “RNG is not the solution,” she said. “There’s not nearly enough of it. It’s not possible to get to zero emissions using it, and we actually have better alternatives.”

DEP sends Keystone Sanitary Landfill pre-denial letter over proposal to discharge into Little Roaring Brook

In 2019, the Landfill applied to discharge up to 200,000 gallons of treated leachate directly into Little Roaring Brook.

Last month, the DEP issued a pre-denial letter because the landfill hasn't still hasn't provided enough data for the DEP to do a technical review.

“It’s not surprising that the landfill isn’t able to provide complete information on anything related to leachate since they’ve had ongoing leachate problems from storage to treatment for years, including documented violations,” - Pat Clark of FOL.

We look forward to seeing what DEP does next and if KSL submits the required information. Because this pattern fits the exact history of KSL + DEP interactions with the expansion -- unlimited chances to update applications followed by approval.

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DEP sends Keystone Sanitary Landfill pre-denial letter over proposal to discharge into Little Roaring Brook

BY FRANK WILKES LESNEFSKY STAFF WRITER

The state Department of Environmental Protection could deny the Keystone Sanitary Landfill’s proposal to discharge treated leachate directly into a Lackawanna River tributary.

The department sent the landfill in Dunmore and Throop a pre-denial letter last month for its pending applications for a National Pollutant Discharge Elimination System permit, or stormwater permit, and a water quality management permit to discharge up to 200,000 gallons of effluent per day into Little Roaring Brook just off East Drinker Street near Derrig Street — enough to fill two Olympic-sized pools in just under a week.

Leachate is the liquid that percolates through piles of garbage.

The landfill currently treats its leachate on site before piping it to Pennsylvania American Water’s Scranton wastewater treatment plant.

The pre-denial letter pertains to permitting for a leachate treatment plant, related pump stations/pipelines and the proposed outfall off East Drinker Street.

“(The DEP) has determined that the applications remain incomplete and not adequate for technical review,” according to the Feb. 15 letter, which the DEP released on Monday.

According to an application history in the letter, correspondence about the project began May 12, 2016. The Louis and Dominick DeNaples-owned landfill formally applied for the project on Dec. 18, 2019.

The landfill initially sought to discharge effluent into both Eddy Creek and Little Roaring Brook, but it later removed Eddy Creek from its plans.

The pending applications do not yet address application requirements and/or provide information pertaining to about a dozen items, including wastewater quality and characteristics, the proposed industrial wastewater treatment plant design and new aboveground storage tanks for leachate, according to the letter.

The landfill now has until June 14 to provide “complete and technically adequate” permit applications, or it can withdraw its applications. Otherwise, the DEP said it may deny both applications.

If Keystone withdraws its applications and reapplies, including new fees and public notification, the DEP will conduct a new completeness review.

The landfill will submit all required information by the June deadline, landfill consultant Al Magnotta said in a text. Keystone performed pilot tests to ensure its effluent, which undergoes a treatment process called reverse osmosis, could achieve the DEP’s strict quality limits for effluent. The landfill recently completed its testing, he said.

Magnotta previously described reverse osmosis as a process that pushes the leachate under high pressure through a membrane that extracts contaminants.

Bernie McGurl, the recently retired longtime executive director of the Lackawanna River Conservation Association, called the pre-denial letter “wonderful news.” McGurl, who is now an LRCA senior project manager, said the leachate should undergo secondary treatment in a sewer plant rather than direct discharge into the waterway.

“While they might be cleaning it up to a good degree from what it was as a raw leachate, it still has the potential to carry higher levels of toxic elements and hazardous elements that shouldn’t be going into waterways,” McGurl said. “While it’s a proven technology for doing certain types of treatment, it hasn’t been used here before to this degree.”

McGurl contends the reverse osmosis-treated leachate should be diverted to the sewer treatment plant for the next 10 to 20 years until they are confident over the long-term that it is an effective treatment.

Should the process prove to be time tested, McGurl would rather see the water directed into Eddy Creek instead of Little Roaring Brook. McGurl has advocated for the restoration of the mine-ravaged Eddy Creek, which flows through Throop and Olyphant and disappears into mines in numerous spots before eventually feeding into the Old Forge borehole. Someday, diverting the treated leachate into Eddy Creek could offset the loss of flow due to infiltration into the mines, he said.

Pat Clark, a leader of grassroots landfill opposition group Friends of Lackawanna, questioned if the leachate would be self-monitored by the landfill and advocated for the DEP to make its data publicly available. Discharging into a river or public waterway only heightens the risk, he said.

“It’s not surprising that the landfill isn’t able to provide complete information on anything related to leachate since they’ve had ongoing leachate problems from storage to treatment for years, including documented violations,” Clark said. “As usual, the DEP continues to provide the landfill with endless chances to update and adjust any application KSL submits.”

In a September 2022 letter, Dunmore and Scranton councils, along with Dunmore Mayor Max Conway and Scranton Mayor Paige Gebhardt Cognetti, sent a joint letter to then-Gov. Tom Wolf urging him to carefully review the landfill’s application.

After learning of the pre-denial letter, both Conway and Cognetti praised the decision.

“I am pleased that DEP is asking for more detail and seems to be taking the matter seriously,” Cognetti said in a text.

Conway commended the DEP for its thoroughness.

“This project, had it been approved, seemed to carry an unnecessary risk, potentially jeopardizing our local waterways in the event of accidents or mishaps,” he said.

Violation notice: Pennsylvania American Water failed to inform DEP about waterways polluted by silt from dam project

The standard for PA DEP - Attempt to remediate environmental damage after it happens.

The standard for FOL - Prevent environmental damage before it happens.

PA DEP, what are the results of the sediment testing? The public has a right to know what is polluting our water.

From the STT:

Pennsylvania American Water failed to inform the state Department of Environmental Protection about a release of large amounts of silt from a dam rehabilitation project at the No. 7 Reservoir in Dunmore into Roaring Brook and the Lackawanna River, according to a DEP notice of violation released Friday.

The failure to immediately alert the DEP about the sediment pollution of the waterways was among violations of the state’s Clean Streams Law and regulations on sediment control, according to the DEP notice to PAW dated Thursday, March 7, and provided Friday, March 8, to media outlets.

The violations “subject Pennsylvania American Water to appropriate enforcement action including, but not limited to, civil penalties,” according to the notice. It does not specify amounts of possible fines.

The discharge of sediment polluted approximately 2 miles of Roaring Brook from the No. 7 Reservoir to the confluence with the Lackawanna River, as well as an unspecified stretch of the Lackawanna River, the notice says.

Other violations included:

Pollution of a magnitude to harm human, animal, plant or aquatic life.

Activities and facilities on the reservoir dam construction site were not conducted and operated in a manner that avoided the unpermitted discharge of the silt.

Construction was not done in a manner to minimize disturbance of the regimen of the stream and its bed and banks.

Reservoir dam repair project muddies Roaring Brook, Lackawanna River; Environmental advocates fear ecological impact

Here’s a not so fun fact: One of Dunmore reservoirs is 450 feet from Keystone landfill.

From the STT

A Pennsylvania American Water project to upgrade a 152-year-old dam on the No. 7 Reservoir in Dunmore released large quantities of silt and sediment into Roaring Brook and the Lackawanna River, muddying their waters and turning them into a brownish gray color for miles, authorities said.

Environmental advocates of clean waterways fear that ecological damage from the sediment will significantly impair them and their aquatic wildlife of macroinvertebrates and fish for some time, perhaps years.

The release began as early as Sunday and apparently continued through the week, with Roaring Brook flowing through Dunmore and Scranton continuing to have a muddy brown color on Friday. The discoloration and sediment is starkly obvious where Roaring Brook flows into the clear Lackawanna River in South Scranton, and turns the river brown from that point on and further downstream. The waterway flows into the Susquehanna River above Pittston in Luzerne County.

KSL Responds to Odor Violations

Friends, KSL will never take accountability for their failure of operations. They continue to point the finger at others and claim that your calls to the Pennsylvania Department of Environmental Protection are baseless and falsely reported.

KSL General Manager, Dan O'Brien, says that in a perfect world the best solution would be for humans to produce less waste, but until that happens, landfills are the next best solution. Solid point. But in a perfect world, there would also be limits to how much waste one mega-landfill located next to homes, schools and parks can accept. In a perfect world, there would be ongoing third party health studies to ensure no harm beyond the boundaries of the landfill. In a perfect world, there would be very strict rules regarding where landfills can be located and when they have moved beyond being a service to society and into being the biggest health threat to a community. Put simply, KSL is destroying our quality of life and every day they continue to expand, is a countdown to the death of our beautiful region.

Excerpt:

Pat Clark, a leader of Friends of Lackawanna, which formed in 2014 in opposition of the landfill and its now-approved expansion, characterized the response as a failure of both the landfill and the state to regulate it. He criticized the “never-ending bites at the apples or redos that landfills get to fix things that they cause without any repercussions” and questioned when the cycle would end.

“The failures start with, as is always the case, ‘This isn’t us, but by the way, here’s how we’re going to fix it,’” Clark said. “They continue to talk out of both sides of their mouth every time they issue a letter.”

Clark also took issue with the DEP using self-monitoring data from the landfill.

“DEP should be doing a proactive job to protect the citizens, put the continuous monitoring plans in place and own the systems and the data themselves instead of relying on the facility that they’re trying to police to report the data to them,” he said.

Asked about the landfill’s letter referring to his organization as agitators, Clark said, “The landfill’s been calling us a lot worse than agitators for a decade now, so we’re fine with that. I would propose, though, that if the landfill is such proactive stewards of our environment, why is it only when notices of violation and public outreach reaches a critical level do they then take the steps to fix things?”

Over the past year, the DEP has sent the landfill three notices of violation related to odors, totaling 14 individual violations. In November, the DEP also blamed uncontrolled odors when it suspended the landfill’s ability to remove the cover from existing piles of garbage that had naturally settled to bring the trash piles back up to their original height and reclaim “lost air space,” though the suspension affected less than 10 acres of the landfill.

DEP again cites Keystone Sanitary Landfill for odor violations

Dunmore Council President Janet Brier called the increased scrutiny long overdue, though she criticized the Pennsylvania Department of Environmental Protection for failing to penalize the landfill for the violations. Without penalties, the notices of violation are a “paper tiger,” she said.

“Does it take like 100 notices of violation? Does it take 200?” Brier said of penalties. “We have no idea what the consequences of these notices are. Right now, there haven’t been any.”

Pat Clark, a leader of grassroots group Friends of Lackawanna, echoed Brier, commending DEP for issuing violations but questioning the repercussions.

“We’re now a full year into this nonstop string of problems, and at some point, is anyone at DEP or in the Pennsylvania government going to step up and say, ‘Clearly, there’s a much bigger problem here, and this needs to end’?” Clark asked.

Clark called for the state to shut down the landfill.

“The landfill needs to have a firmly identified end-of-life plan put in place and executed upon,” he said.

Read More cites Keystone Sanitary Landfill for odor violations | News | thetimes-tribune.com

‘Leachate lagoons’ stench triggers DEP violation for Keystone Sanitary Landfill

In the last month alone, the Pennsylvania Department of Environmental Protection has issued the following due to gag-inducing odors throughout our region: A suspension of KSL’s Settlement Accommodation Plan. An open letter from the DEP Secretary admitting to an unacceptable problem. Two Notices of Violation for Malodors.

But no real, meaningful consequences.

Keystone Sanitary Landfill lost control of their operations long ago and it gets worse as it gets bigger.

There is only one answer to getting back our quality of life. The DEP’s approval of multi-decade landfill expansion must be overturned.

Support our appeal. The trial starts in the Spring in front of the Environmental Hearing Board. This is our last chance to save the quality of life in our area.

LACKAWANNA COUNTY (WBRE/WYOU) — The Pennsylvania Department of Environmental Protection (DEP) announced Monday they have issued a second Notice of Violation (NOV) against Keystone Sanitary Landfill (KSL) within a month, this one for leachate odors emanating from their sites in Dunmore and Throop.

According to DEP, this NOV was issued to KSL for failing to control odors from the leachate lagoons at its facility in Dunmore and Throop Boroughs.

DEP says its investigation into residents’ complaints revealed that the odors rose to the level of a “malodor” after being detected by DEP staff at three homes in Throop Borough.

ADVERTISING

A representative of DEP’s Emergency Response Team responded to odor complaints on December 2, 2023, and detected moderate to strong leachate odors, consistent with those detected at KSL’s leachate lagoons on Cypress Street, Dunmore Street, George Street, Marshwood Road, and South Street, including the “malodors.”

DEP suspends Keystone Landfill’s Settlement Accommodation Plan

DEP regulation defines a “malodor” as: “An odor which causes annoyance or discomfort to the public and which the Department determines to be objectionable to the public.” A malodor is confirmed if a landfill-associated odor is detected on a complainant’s property, with the complainant, by department staff and is determined to be objectionable to the public.

STT Letter: Let’s Clear the Air: DEP’s Commitment to Tackling Odors at Keystone Landfill

A powerful, appreciated and potent letter in the Scranton Times today from DEP Interim Acting Secretary Jessica Shirley. If the actions of the Pennsylvania Department of Environmental Protection are to match her words, we believe the only way to eliminate odors, provide clean air and protect the health of our citizens from chronic exposure to air-borne contaminants is to reverse the DEP's approval of KSL's almost 50 year expansion.

*********************************************************

Let’s Clear the Air: DEP’s Commitment to Tackling Odors at Keystone Landfill

BY JESSICA SHIRLEY INTERIM ACTING SECRETARY,

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Over the past several months, the Pennsylvania Department of Environmental Protection has responded to hundreds of community complaints regarding the Keystone Sanitary Landfill. As the interim acting secretary of the DEP, I want residents to know that we hear you, and I share your concerns about the odors emanating from the Keystone Sanitary Landfill.

You have a right to enjoy fresh air outside your home. It is absolutely unacceptable for any Pennsylvanian to smell putrid odors in their backyards. We are listening closely to the community, and I want you to know exactly how we are taking action.

The Department of Environmental Protection is actively addressing more than 300 complaints about off-site odors from the Keystone Sanitary Landfill. DEP staff are working around the clock, monitoring the landfill with inspectors who conduct odor patrols on weekdays, early mornings, evenings and weekends. These dedicated men and women are investigating complaints as quickly as possible.

DEP is working vigorously to identify the sources of these odors, and I can assure you that corrective actions will be taken. During routine unannounced inspections, DEP staff identified one source of the odors — an area included in the landfill’s Settlement Accommodation Plan (SAP). Under the SAP, the landfill was allowed to remove final capping and place additional waste. DEP determined this operation was a contributing factor to the off-site odors. On November 21, DEP ordered the landfill to suspend all SAP operations.

Despite the suspension, odors continued to come from the landfill. After dozens of DEP after-hour odor patrols, evaluating the landfill’s enhanced surface monitoring records, and thoroughly inspecting the facility, the department found that KSL failed to keep a uniform intermediate (temporary) cover over garbage at the landfill. This action would have aided in the prevention of odors. The fact that this preventative action was not taken by KSL is unacceptable.

As a result, on December 13, the DEP took action. We issued a Notice of Violation to KSL for failure to control odors. After detailed investigations, we have determined that KSL was in violation of the Solid Waste Management Act, the Municipal Waste Management Rules and Regulations and the facility’s existing permit. KSL has 30 days since receiving the violation to submit a proposed plan that corrects and prevents this violation.

I would like to personally thank all the residents who have been calling DEP and reporting odors. The more complaints that are filed, the better DEP employees are able to understand the scope of the problem. Your reports give us clues that we can use to track down the sources of these odors at the landfill. That is why we encourage you to continue to call us with odor complaints. You are an invaluable asset in finding a solution.

The men and women of DEP are working tirelessly to source the origin of these odors and have them promptly addressed. We also recognize that there is a process to correcting these deficiencies, and that process does take time to complete. However, rest assured, we will remain responsive to your needs, increasing our monitoring and enforcement accordingly.

Our dedicated staff will continue to work around the clock to address each complaint. Currently, DEP staff members are responding to every call within minutes. Therefore, I am urging the public to keep calling our complaint line and make a report if they are experiencing nuisance odors from the landfill. Odor complaints may be reported to

570-826-2511

, 24 hours a day. As a reminder, do not hang up when you hear the automated message. You will be connected with an operator who will assist you in filing a complaint.

Residents can also file an online complaint at: https://greenport.pa.gov/obPu.../EnvironmentalComplaintForm/

As a mother, I understand the importance of our children being able to play outside and enjoy fresh air. As a resident of this great commonwealth, I too understand the desire to enjoy living in your home, unencumbered, not surrounded by repulsive smells. And as your secretary, I understand the necessity to respond swiftly to issues that impact the quality of life for you, and for all Pennsylvanians. Our agency, under the Shapiro administration, will continue to work to restore a sense of normalcy to your beloved community.

On behalf of the Shapiro administration and DEP, I am committed to holding KSL, and any facility we regulate, accountable for violations left unfixed. DEP will also continue to work with your local and state elected officials who have raised similar concerns. Dunmore, thank you for your continued resilience and watchful eye in the community. Your advocacy matters.

https://www.thetimes-tribune.com/.../article_815f9967...

Will the Landfill Face Penalties for Odors?

Whether the Keystone Sanitary Landfill could face any penalties for violating state regulations and its operating permit will depend on its response to the state Department of Environmental Protection.

The DEP sent the landfill a notice of violation last week for failing to control odors at its facility in Dunmore and Throop amid hundreds of complaints from residents and department staff confirming offsite landfill-gas odors numerous times in recent months. The Dec. 13 violation letter gave the Louis and Dominick DeNaples-owned landfill 30 days to submit a plan addressing the odors.

On Tuesday, in an emailed response to a list of questions about possible repercussions for the landfill, the DEP said, “The next steps, including the possibility of penalties, will depend on the adequacy of Keystone’s plan.”

The department has received 300-plus odor complaints from the community about the landfill since Sept. 1, according to the email.

DEP staff began conducting after-hours odor patrols twice a day starting Nov. 13 in response to the complaints. Staff detected landfill gas odors off of Keystone’s property during more than half of its 70-plus patrols, which include nights and weekends, the agency said. Most odor detections were on the Casey Highway and Marshwood Road.

The DEP previously cited the landfill for nine odor-related violations in January after receiving 233 odor complaints between Sept. 1, 2022, and Jan. 20. The department is working with Keystone to address the January violations, according to the email.

“Enforcement options, including penalty assessment, are still being evaluated,” the DEP said.

In November, the DEP blamed uncontrolled odors when it suspended the landfill’s ability to remove the cover from existing piles of garbage that had naturally settled in order to bring the trash piles back up to their original height and reclaim “lost air space.” The suspension affected less than 10 acres of the 714-acre landfill.

The landfill has stopped placing waste in the settlement area and is taking corrective action, including installing additional gas collection devices, placing soil covers and working to put final covers on the waste, according to the DEP.

In its most recent violation letter, the DEP said the landfill violated the state’s Solid Waste Management Act, Municipal Waste Management Rules and Regulations and the landfill’s own permit conditions because it failed to maintain a uniform intermediate cover — or temporary cover — over its garbage to prevent odors.

In addition to giving Keystone a timeline to respond, the letter said the violation “may result in an enforcement action under the Solid Waste Management Act,” though it did not explain what the action could entail.

After receiving Keystone’s plan, the DEP said it will review the responses and determine if they are sufficient to mitigate the odor issues.

“If Keystone’s responses are not strong enough, DEP could ask Keystone to provide more information and/or a stronger plan for odor mitigation,” the DEP said in its email. “If the department determines the responses are sufficient, Keystone will have to begin implementing the mitigations they proposed.”

Violations are reviewed on an individual basis, and each one is handled separately, the DEP said.

“However, patterns of noncompliance can warrant mandated modifications to permit conditions up to and including permit suspension and/or revocation,” the agency said.

Attempts to reach landfill officials were unsuccessful Tuesday.

Dunmore Council Vice President Janet Brier criticized the ongoing evaluation of the January violations and the lack of penalties.

“At what point, and how often, and how many violations will there be before there are repercussions for the landfill?” she said. “Why are there no repercussions for these violations?”

Brier also questioned what would lead to a noncompliant designation.

“How many violations will it take for DEP to take some action?” she said. “You have over 300 calls. Is it 500 calls? Is it 10,000 calls? … I’m asking for a number.”

Pat Clark, a leader of grassroots group Friends of Lackawanna, said it is “far past time for action.”

“What we’re interested in is the action, not the potential action,” he said. “We’re interested in the results, not the threats. We want to see something done.”

Friends of Lackawanna formed in 2014 to oppose the landfill and its now-approved expansion.

Clark contended the DEP should “zoom out a bit” and look at the landfill’s violations and other reprimands as a whole, rather than reviewing each instance on an individual basis.

“We’ve always wondered and been confused by how many bites at the apple this particular landfill is given to get things right,” he said. “They screw up. They say they’ll get things right. They don’t get things right, and then they get reprimanded and say we’ll get it right the next time.”

Throop Council President Rich Kucharski said his borough has always depended on DEP to regulate the landfill.

“I think their response shows that a progressive plan is in place moving forward including potential consequences if necessary,” he said in a text.

With the rise in odor complaints, the DEP said it is working to respond to them as quickly as possible. Beyond odor patrols, staff also thoroughly review methane monitoring reports at the landfill and conduct regular inspections multiple times a month to ensure compliance with odor mitigation regulations in Keystone’s permit, the DEP said.

“Residents deserve to live in their community without having to smell putrid odors,” the department said. “We are asking residents to continue to call DEP with odor complaints, and the department will continue its enhanced response and heightened patrols to make sure residents no longer have to deal with this nuisance.”

Environmental group seeks volunteers to place air quality monitors at homes around landfill, power plant

From the Scranton Times:

An environmental advocacy group is giving residents the equipment to monitor their own air as part of a larger movement to analyze the region’s air quality.

Philadelphia-based nonprofit Physicians for Social Responsibility Pennsylvania is working with local environmental organizations to seek volunteers willing to have small air quality monitors installed at their homes, with a focus on air quality surrounding the Keystone Sanitary Landfill in Dunmore and Throop, and Invenergy’s Lackawanna Energy Center natural gas-fired power plant in Jessup.

Produced by PurpleAir of Draper, Utah, the cylindrical, white air quality monitors are about the size of a soup can and require power and a Wi-Fi connection.

Physicians for Social Responsibility Pennsylvania, which describes itself as professionals who “champion the health of all communities by advocating for socially and environmentally just actions,” plans to begin installing the monitors Wednesday. Executive Director Tonyehn Verkitus, an Archbald resident, said participants will receive an invitation to a platform where they can view their air quality information online and add images and notes to accompany their data.

“You can go on this platform, see you’re not the only one suffering with these issues; you can leave notes,” she said. “Then it becomes a movement, and then people want to help improve the health of their community.”

Verkitus hopes the project will prompt residents to “watch the data and complain.”

“The biggest problem is people don’t advocate for themselves. … It’s not that they’re not willing to,” she said. “If you’ve talked about it and talked about it and you’re getting no results, you just get worn down.”

They will perform data analysis on the monitors’ findings to determine patterns, which will help them figure out where they should place additional monitors, she said.

“Then we can use that data to advocate for better permitting, regulations,” Verkitus said. “And, give the data to people like Friends of Lackawanna so they also can use it for their advocacy efforts.”

‘People are just starting to get sick of it’

Physicians for Social Responsibility Pennsylvania has already placed air quality monitors across the state, but it wasn’t until this year that they began setting them up in Northeast Pennsylvania, Verkitus said.

“We have them all over, but we haven’t done a huge push here,” she said.

In the spring, they placed three air quality monitors across the Midvalley and Scranton, said analytical chemist Christina DiGiulio, an environmental scientist at Physicians for Social Responsibility Pennsylvania.

The organization initially focused on the Lackawanna Energy Center following the release of PennEnvironment Research & Policy Center’s “Pennsylvania’s Dirty Dozen,” Verkitus said.

Released in May, the “dirty dozen” named the natural gas power plant in Jessup as the fourth-largest greenhouse gas polluter in the state.

In the fall, their organization connected with Friends of Lackawanna — a grassroots group formed in 2014 to oppose the Keystone Sanitary Landfill and its now-approved expansion.

Friends of Lackawanna sought volunteers for air monitors in October, and DiGiulio said they installed four monitors around Dunmore and Throop that month.

With hundreds of odor complaints surrounding the landfill in recent months, which culminated Dec. 13 when the state Department of Environmental Protection said the landfill violated state regulations and its own permitting by failing to control odors, Friends of Lackawanna put out a second call for volunteers Dec. 8.

They received about 36 requests in the first 24 hours and at least 15 more since then, Verkitus said.

“There were so many people noticing these horrible scents,” she said. “People are just starting to get sick of it.”

Her organization has around 15 monitors in hand with 40 more ordered using funding from grants and donations. Each monitor retails for $299, though they save about 10% by buying in bulk, she said.

“There’s actually no way we can cover all those locations next week, so what we’re doing is prioritizing based on proximity to the landfill or the gas power-generating plant,” she said Friday.

‘Taken advantage of by polluting industries’

The air quality monitors log particulate matter, volatile organic compounds — or VOCs — and air pressure, temperature and humidity, according to the manufacturer.

VOCs are carcinogenic volatile organic chemicals in the air, DiGiulio said.

“When you’re talking about smells, we’re talking about VOCs,” she said. “You’re going to smell them, you’re going to taste them on your tongue, you’re going to feel them in your mucous membranes — and that means it’s absorbing into your body.”

DiGiulio wants the research to spur more investigations by government agencies. If their findings ultimately are at odds with the agencies, “Go above and beyond — prove us wrong,” she challenged. “Prove us wrong with your technology.”

Dunmore council Vice President Janet Brier sent a letter this month to Gov. Josh Shapiro urging him to use his executive power to have the DEP carry out more comprehensive, round-the-clock electronic monitoring around the Keystone Sanitary Landfill.

“My thought is that it’s pretty disappointing that this type of monitoring has to come from an independent nonprofit when we have a government entity that is charged with monitoring and protecting the people of Northeastern Pennsylvania,” she said.

Jessup council President Jerry Crinella said he is not opposed to any individual industry or particular business, but he is concerned about the environment in general and the impact it has on residents.

“I don’t have any opposition specifically to (Lackawanna Energy Center),” he said, referencing the “dirty dozen” study. “It makes me concerned about them as to the amount of pollution, and (the site of the plant) was a concern from the beginning, and the fact that it is producing a large amount of particulate matter.”

He lauded the upcoming air monitoring network.

“If there is an organization that wants to monitor for any kind of air pollution from any source, I think it’s great,” Crinella said.

Pat Clark, a leader of Friends of Lackawanna, said his group is honored to work with Physicians for Social Responsibility Pennsylvania. It’s creating a resilient network of monitors, he said.

“Northeast Pennsylvania has been taken advantage of by polluting industries since last century,” he said, describing landfill odors.

Oftentimes, if people can’t see something, they can ignore it, he said.

“Ironically, what turned this whole thing around from the monitoring standpoint is, yeah, you can’t perhaps see everything, but you sure as hell can smell it,” Clark said. “Our senses lead us to want to know what’s going on, and I think that’s a direct correlation in this case.”

Clark believes these projects will grow in popularity because people want to know what is going on around them. By providing a measure of that, it can lead to more informed choices, he said.

“We do have a direct right to clean air. If you’re a site that is negatively impacting our ability to have clean air, I think that should matter,” Clark said. “Measuring this stuff and giving people the ability to understand what’s going on directly goes to that point. You either have confidence what you’re breathing is clean, or bring awareness that perhaps it may not be.”

PAHOMEPAGE: DEP issues violation against Keystone Sanitary Landfill

WBRE's lead story tonight was the Pennsylvania Department of Environmental Protection's Notice of Violation against Keystone Sanitary Landfill due to "putrid odors." Several community residents and FOL Board member, Michele Dempsey, give compelling interviews regarding their take on the violation.

LACKAWANNA COUNTY (WBRE/WYOU) — The Pennsylvania Department of Environmental Protection (DEP) has issued a Notice of Violation (NOV) to Keystone Sanitary Landfill (KSL) in Lackawanna County for failing to control odors at its facility in the boroughs of Dunmore and Throop, this comes after the DEP confirmed landfill gas odors numerous times in the past several months.

During November and December, DEP staff conducted after-hours odor patrols twice daily, including nights and weekends, and were able to confirm landfill gas odors on numerous occasions. DEP staff also documented landfill gas odors during routine unannounced inspections.

DEP found that KSL failed to maintain a temporary cover over garbage at the landfill that prevents odors. The results of KSL’s own surface monitoring from September and October 2023. indicated extensive areas of the landfill with excessive methane gas emissions, which DEP also believes is causing odor issues.

“Every day, literally every day, I come off the highway, off 81, and I smell it immediately. I’ve been driving to Dunmore for over 30 years and this is the worst it’s actually been,” said Nanticoke resident Melanie Nardozzo.

“I’m extremely happy because it was multiple times a week, every week, you would smell it and it penetrates your car windows, air fresheners, everything, it doesn’t matter,” Sam Borgacci of Dickson City said.

During DEP`s November 16, 2023 inspection of KSL, strong landfill gas odors, and elevated methane gas readings were observed in intermediate cover areas near the Casey Highway.

DEP has determined that KSL violates the Solid Waste Management Act, the Municipal Waste Management rules and regulations, and KSL’s operating permit.

“Ironically, it’s a breath of fresh air that the secretary of the DEP Jessica Shirley said that residents of our community deserve to live in a place where they don’t have to smell putrid odors,” Friends of Lackawanna board member Michele Dempsey said.

KSL has 30 days to submit a proposed plan that corrects and prevents the violations. A copy of the NOV can be found on DEP`s webpage.

“As the dump gets bigger and expands over another 50 years, then those problems and nuisances just get worse and the smells are just the tip of the iceberg. Citizens are genuinely concerned about the long-term effects of chronic exposure to the chemicals being emitted by Keystone sanitary landfill,” Dempsey continued.

“When I went to Marywood 30 years ago, that mountain over there was non-existent. Now I look at it every day I leave work and I’m like, ‘That’s frightening,’ it’s frightening to me,” Nardozzo said.

In addition to the NOV, DEP suspended KSL’s Settlement Accommodation Plan (SAP) in late November. The SAP allowed the landfill to add more waste to areas of the landfill that had previously been capped. This action was also in response to DEP’s investigation of numerous odor complaints received and the regular confirmation of landfill gas odors offsite by DEP staff over the past two and a half months.

Residents can file complaints with DEP`s Northeast Regional Office at 570-826-2511, which is open 24 hours per day. Do not hang up when you hear the automated message as you will be connected with an operator. Residents can also file a complaint online.

For more information on the Pennsylvania Department of Environmental Protection visit their website.

STT: DEP: Keystone Sanitary Landfill failed to control odors

Breaking News! We have a holiday miracle from DEP!!

Excerpt: "Residents deserve to live in their community without having to smell putrid odors. This is totally unacceptable and adversely affecting quality of life. We are asking residents to continue to call DEP with odor complaints"

DEP: Keystone Sanitary Landfill failed to control odors

Landfill failed to control odors at its facility in Dunmore and Throop, prompting a notice of violation from the state Department of Environmental Protection.

The state agency announced the notice of violation Thursday.

DEP staff, who conducted after-hours odor patrols twice daily in November and December, confirmed landfill gas odors on numerous occasions. They also documented odors during routine, unannounced inspections.

"We want the public to know that DEP hears them, is conducting investigations and is taking action according to our findings,” DEP Interim Acting Secretary Jessica Shirley said in a press release. "Residents deserve to live in their community without having to smell putrid odors. This is totally unacceptable and adversely affecting quality of life. We are asking residents to continue to call DEP with odor complaints, and the Department will continue its enhanced response to make sure residents no longer have to deal with this nuisance.”

The landfill failed to maintain a uniform temporary cover over garbage to prevent odors, DEP officials found. The landfill's own surface monitoring results from September and October "indicate extensive areas of the landfill with excessive methane emissions, which DEP also believes is causing odor issues," the agency said.

During a DEP inspection of the landfill Nov. 16, "strong landfill gas odors and elevated methane readings were observed in the intermediate cover areas near the Casey Highway," it said.

DEP determined Keystone is in violation of the Solid Waste Management Act, Municipal Waste Management rules and regulations and the landfill’s operating permit. The landfill has 30 days to submit a proposed plan that corrects and prevents those violations.

Beyond the notice of violation, the agency suspended in late November the landfill's Settlement Accommodation Plan, which allowed Keystone to add more waste to areas that had previously been capped.

STT Chris Kelly Opinion: Draft Shapiro for DEP Odor Patrol

Dunmore Borough Council vice president, Janet Brier, tells Chris Kelly, The Times-Tribune that she let Governor Josh Shapiro know that she's sick of excuses and the Pennsylvania Department of Environmental Protection needs to monitor the landfill smells, not the citizens, and fix the problem they caused by approving the expansion.

Excerpt:

“The process is clearly broken,” Janet said. “They (DEP) have the mandate and the power to fix the process. They are responsible for fixing it. They approved the expansion, they have the responsibility to protect us going forward.

“I don’t want to hear about anybody up there (at the landfill) and what they’re doing or what they’re saying. What I want to hear is what DEP is going to do.”

It’s a fair question, and one DEP officials should have anticipated when — as an agency tasked with the protection of the environment and the people living in it — they approved the dumping of more than 94 million tons of trash over four decades in the midst of schools, homes, neighborhoods and businesses. It shouldn’t come as a surprise that Janet raised a stink with the governor over the stench.

“We don’t deserve to live with this,” she said. “No one deserves to live with this.”

STT Editorial: To find out what's rotten at the Keystone Sanitary Landfill, Follow your Nose

The Scranton Times Editorial Board hits it right on the nose!

Excerpt:

Who has a better idea of what garbage smells like than someone who lives downwind from a landfill?

For four decades, residents of Dunmore and Throop have put up with a malodorous neighbor, the 714-acre Keystone Sanitary Landfill, owned by Louis and Dominick DeNaples.

The DeNapleses, determined to squeeze every bit of profit out of the site, have recently been removing the caps over old waste piles in areas that have settled over the years to add new garbage and “reclaim air space.”

Their put-upon neighbors, who would probably love to reclaim their own befouled “air space,” have complained the work has generated noxious odors, leading to more than 260 complaints to the state Department of Environmental Protection since Oct. 1.

In reaction, DEP has suspended Keystone’s permission to continue uncovering and filling in those settled areas while the landfill implements mitigation plans. But Keystone contests DEP’s conclusion that its operations produced the odors in question. In a communication to DEP, landfill Business Manager Dan O’Brien maintained:

“The public in general is not qualified to either identify a specific odor or make a determination as to the origin of the odor and yet the conclusion is always the same — ‘it has to be the landfill.’ ”

Laughably, O’Brien pointed the finger at other “business operations, infrastructure performance issues, marshes and poorly maintained drainage ponds in the immediate area that produce odors, some on a regular basis.”

Landfill consultant Al Magnotta claimed opponents of Keystone’s plans to dump an additional 180 billion pounds of trash, most of it from out of state, at the landfill over the next 40 years are filing the odor complaints to “make a record” as they appeal DEP’s 2021 approval of the landfill expansion to the Pennsylvania Environmental Hearing Board.

To its credit, DEP has put odor patrols in place around the landfill, but given the agency’s track record, expect that Keystone’s operations in those settled areas will resume after the landfill finishes promised mitigation measures. The agency too often takes the “protection” portion of its title too lightly when dealing with the industries it regulates. That’s an issue that should concern residents in towns across Northeast Pennsylvania, including Hazleton, where the agency has given a developer until April to fix deficiencies in its application for a trash transfer station bitterly opposed by property owners there.

If DEP’s egregious approval of Keystone’s expansion stands, generations to come in Dunmore and Throop will be dealing with the odor, traffic and other headaches associated with living near a landfill through 2060 and beyond. And the landfill’s owners and operators will go on blaming puddles and wetlands for the stink while pocketing the profits.

While awaiting the decision on their expansion appeal, the landfill’s neighbors should keep up the pressure on DEP by reporting what their lived experience tells them are odors coming from Keystone.

After all, who are you going to believe? Louis DeNaples or your own nose?