"Not on our Watch", FOL Celebrates 11 years of Activism... and Accountability

Nearly 11 years ago, a group of everyday citizens stood up at a local council meeting and said, “This isn’t right.” That moment became the spark for what is now Friends of Lackawanna — a grassroots powerhouse with over 5,000 members who have worked tirelessly to protect our health, land, and future.

On April 1, 2025, the Pennsylvania Environmental Hearing Board ruled in our favor, overturning the DEP’s approval of Keystone Sanitary Landfill’s massive Phase III expansion. It’s a resounding win for science, facts, and community action — and a direct result of more than a decade of relentless research, advocacy, and legal work.

This fight began with no political power, no expert credentials, and no big funders. Just heart, grit, and the belief that we could make a difference. Today, we proved that’s true.

To every person who has stood with us, showed up, donated, or lent their voice:
This victory is yours. Thank you.

Now, let’s keep going. The DEP has another chance to get this right — and we’ll be there, holding them to it.



‘Don’t dump our future’ — Friends of Lackawanna’s decadelong fight

Nearly 11 years ago, a group of Dunmore natives and residents quickly pored over an unfavorable host agreement between the borough and the Keystone Sanitary Landfill during a council meeting, pointing out flaws in the contract and prompting the town to table the agreement for something more beneficial.

“That was really the beginning of Friends of Lackawanna, though we didn’t know it at the moment,” said Michele Dempsey, who is one of eight core, founding members of the grassroots group, which formed in 2014 to oppose the landfill and its decadeslong Phase III expansion. “Everybody who was in that room that night, or at least the core members, are still there today.”

That scrutiny of the landfill in Dunmore and Throop never ended for Friends of Lackawanna, as members of the nonprofit environmental group became fixtures at local meetings, public hearings and even the courtroom while they worked under the motto, “Don’t dump our future.” Despite forming with no political or activism backgrounds and no expertise on the landfill, those core members would spend the next decade opposing Keystone and its 42.4-year Phase III expansion, and growing their grassroots group to more than 5,000 members today.

“We were all just citizens who were going about our daily lives and who are just like, ‘Wait a minute, this doesn’t smell right, literally and figuratively,’ ” Dempsey said.

Following a four-year legal battle, Friends of Lackawanna’s volunteer-driven efforts culminated this month when the Pennsylvania Environmental Hearing Board remanded the Louis and Dominick DeNaples-owned landfill’s Phase III expansion approval back to the state Department of Environmental Protection over leachate and odor problems — two issues long argued by the environmental group. Approved by the DEP on June 3, 2021, the landfill’s Phase III expansion allows it to triple its volume of waste by hauling in just over 94 million tons, or about 188 billion pounds, of additional garbage through the 2060s.

Friends of Lackawanna appealed that decision to the Environmental Hearing Board the following month, with the five-panel board of environmental judges ruling April 1 that the DEP erred in approving the landfill’s expansion by issuing a permit that does not sufficiently control or mitigate issues with odors and excessive leachate generation, which the judges said the DEP was aware of prior to approving the expansion. In handing down their decision, the judges sent the expansion approval back to the DEP to determine whether it needs to mandate additional measures to control odors and leachate. Leachate is the liquid that percolates through garbage piles.

“Were we so excited at an opportunity for this to be looked at again? Of course. Was this a huge win? Yes,” Dempsey said. “Are we done? No.”

In light of that court victory, members of Friends of Lackawanna reflected on their organization’s growth over the past decade and the impact of grassroots environmental activism.

In response to questions about the effect citizen environmental activism can have on public policy, DEP spokeswoman Colleen Connolly said in an email that comments from the public are taken into consideration when the department reviews a permit application.

“The department welcomes comments from the public regarding environmental issues that impact them, including permit reviews, decisions, and operational performance,” she said.

‘Gave me more resolve’

Core members of Friends of Lackawanna agree their group emerged from a September 2014 Dunmore council meeting. At the time, the 714-acre landfill had just applied for its sprawling Phase III expansion, and amid that process, it was going to sign a new host agreement with Dunmore. The borough had been receiving the state minimum payment of 41 cents per ton of garbage hauled into the landfill, and during that meeting, borough officials considered a $1-per-ton agreement.

The landfill needed the town’s approval as part of its expansion plans, and at the meeting, then-Councilman Tim Burke, who also served as Dunmore’s mayor from 2018 through 2021, handed out copies of the agreement. A group of citizens attended the meeting with concerns and read through the agreement prior to public comment, Dempsey said.

After hurriedly looking through the proposed host agreement, Pat Clark, another core member of Friends of Lackawanna, addressed council, with the scrutiny pushing council to table the decision.

“I think things could have gone very differently,” Dempsey said. “(Council was) ready to sign the contract with the Keystone Sanitary Landfill that night, and they had to table it. That gave us another chance to regroup and come back to the next meeting — and keep coming back.”

The borough would go on to renegotiate its host agreement with the landfill in November 2014, with an annually increasing agreement that now sees Dunmore receiving $1.56 per ton of garbage hauled into the landfill for 2025, increasing by a penny per year. Although the agreement wasn’t perfect, Clark said it benefited Dunmore with tens of millions of dollars in additional revenue.

The core membership at that early meeting quickly realized that if they were going to go after the issue, and considering the landfill’s resources, they had to do so in a professional, organized way, Clark said.

“The first step in doing that was going to be to get a formal entity as a nonprofit,” he said.

They chose the name Friends of Lackawanna because the issue isn’t confined to Dunmore, Dempsey said.

“It’s so big, and it’s so far reaching in terms of the air and water, that it’s not just Dunmore and Throop,” she said. “This is really a regional issue.”

Dempsey recalled meeting with a local politician’s staff member shortly before Friends of Lackawanna formed. The staffer told her, “Listen, I consider you a friend. You’re not going to win this, and I just don’t want to see you waste your time,” she said.

“I left there in tears because he was being honest from what he knew,” Dempsey said. “Through my tears, I was like, ‘No, no, not while I’m here. Not on my watch,’ and it kind of gave me more resolve.”

Although in recent years the DEP’s phone lines have been flooded with odor complaints — something landfill officials often contend are frequently misattributed to Keystone — and while residents now pack important meetings about the landfill, Dempsey described a fear of speaking out a decade ago.

“The tides have turned. The community found its voice,” she said. “Today, the entire community is standing together, from residents to local officials, and that’s what grassroots power looks like.”

Core member Vince Amico, who served on Dunmore council from 2015 through 2023, including two years as president, believes the organization’s biggest accomplishment has ultimately been making people aware of what’s happening and showing them they can change the culture of their area.

“A small group of people can make a difference, not just to accept what’s put in front of you and say, ‘That’s just the way it is,’ and I think we’ve awoken a lot of people,” Amico said. “Politicians listen to us now, and they realize that this issue isn’t going away.”

‘Everything was work’

The landfill’s expansion review was initially estimated to take around 10 months, Clark said.

“We’re on year 11 now,” he said, chuckling as he wondered how many members would have stuck it out if they’d known it’d be an 11-year endeavor.

Friends of Lackawanna is like a second full-time job for core members, who have families and careers, Dempsey said. While the DEP now has a webpage dedicated to the landfill with notices of violation, permit applications, communications and other documents available for the public to download, that wasn’t the case a decade ago.

“Everything was work. Everything required a Right to Know,” Dempsey said, recalling going to the DEP’s Wilkes-Barre office for in-person file reviews. “Everything was research.”

Without having facts and data, people would only listen to them to a point, she said.

“We had to find the facts and data,” she said. “We had to go out and find a lawyer. We had to hire environmental consultants.”

Some of those facts didn’t yet exist.

“The fact that a health study had never been done — you want a 50-year expansion, and we have no baseline here. We have no benchmark to say whether or not this is safe for the community,” Dempsey said.

Sharon Cuff, another core member of Friends of Lackawanna, agreed, calling the early days “research, research, research.”

“The hours put in reaching out to different organizations, reaching out to the health organizations, government officials, other grassroots (groups), just trying to find help along the way,” Cuff said. “The rest of it was just really trying to figure out everything that’s been going on over the years because we didn’t have any documentation.”

Notably, Friends of Lackawanna pushed for a health study. In April 2019, the state Department of Health and the federal Agency for Toxic Substances and Disease Registry released a public health report that concluded air quality around the landfill poses no long-term public health threat but can have short-term health effects on vulnerable individuals, such as pregnant women and the elderly. Those temporary health effects could include mild irritation of the eyes, nose, throat, skin and respiratory tract, according to the report.

Cuff, who strongly advocated for the study, contends it allowed them to emphasize the cumulative impacts of chronic exposure, even to low-level chemicals. Friends of Lackawanna pushed for transparency, she said.

“How much can one area take?” Cuff said.

As the grassroots group began to raise concerns about residents’ quality of life, health and future by laying out what they discovered, their support grew, Dempsey said, attributing it to “a lot of groundwork.” Members attended school board meetings, council meetings and other meetings, as well as working with local media, she said.

“It was slow, slow, slow and then fast,” Dempsey said, describing an early public meeting that packed Dunmore High School’s auditorium. “I couldn’t have fathomed this months before.”

The public’s perception of their group changed dramatically, Clark said.

“I’m sure there’s plenty of people out there who still think we’re crazy, and maybe they’re correct a little bit, but I think perception has shifted to … one of respect,” he said. “I think that tone has shifted because Friends of Lackawanna has proven as an organization that you can go about things in a professional way, just keep chugging along and doing the work at hand, and if you do that, and you always handle yourself the right way, and you are always willing to talk to people, and you always look at all the facts … there’s a segment of people that grow to respect that, and I think that segment grows over time.”

‘Better, brighter future’

Throughout the past decade, Friends of Lackawanna weathered setbacks, with the two largest being losing its first appeal before the state Environmental Hearing Board in 2017, followed by the DEP’s June 2021 approval of the landfill’s Phase III expansion.

Friends of Lackawanna initially appealed the landfill’s 2015 operating permit approval, citing underground fires, groundwater contamination and damage to liner systems. Two years later, the Environmental Hearing Board ruled in November 2017 that 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. The board’s decision also criticized the DEP, determining, “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 ruling felt like a gut punch, but it also gave Friends of Lackawanna a road map to win its next appeal, Clark said.

“If we know there’s problems and they’re not writing them down, then we need to get these violations documented so that no one can deny them anymore,” Clark said. “That’s exactly what happened.”

In March 2024, a month before oral arguments began in Friends of Lackawanna’s expansion appeal, the landfill signed a consent order and agreement with the DEP that required it to pay a $575,000 civil penalty and undergo 26 corrective actions as 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 landfill.

Friends of Lackawanna members especially consider the June 2021 expansion approval to be a challenging time.

But the group continued its efforts to move toward the goal of a “better, brighter future for this area,” Cuff said.

“That’s always been the driving force,” she said. “It’s tough when you’re hit with loss after loss after loss, but again, there was so much positive happening, too.”

The expansion approval was the group’s low point, but it was also an easy call to action to keep going, Clark said.

“We kind of knew at the end of the day where we needed to get to, which was to challenge this expansion, and that’s where we got to this past month,” he said.

Support from the community also gave the organization extra drive, he said.

Clark also pointed to the “near universal support” Friends of Lackawanna received from local politicians, ranging from school boards and councils to federal legislators, starting with former U.S. Sen. Bob Casey.

“I’ll be forever thankful for that,” he said.

Dunmore council President Janet Brier lauded the group in a statement.

“I believe FOL has had a positive impact on the whole region in that they have provided common sense and reason in contrast to a grossly negligent DEP decision,” Brier said.

With the major permit modification that granted the expansion now back in the hands of the DEP, and with the DEP recently extending its review of the landfill’s 10-year operating permit for six months through Oct. 6 in light of the Environmental Hearing Board’s decision, Friends of Lackawanna members plan to continue their work.

Dempsey wants the DEP to revoke the landfill’s permit, saying, “It’s too big, it’s too dangerous, and it’s time to shut down.”

“What’s next is to hammer that message home in whatever ways we can,” she said. “This gave us another energy boost to mobilize and get the community behind us. It was a big win that definitely restored a lot of morale and momentum and has inspired us to continue the fight.”

The role of local grassroots activism

In light of their own grassroots efforts culminating in winning their appeal of the Keystone Sanitary Landfill’s Phase III expansion, members of Friends of Lackawanna emphasized the importance of grassroots environmental activism.

“If you want to protect where you live, you have to take part,” core member Vince Amico said. “You can’t just wait and hope that somebody else, or the government, or another agency will take care of it for you.”

Over the last decade, Lackawanna County residents have raised environmental concerns over a slew of projects, whether it’s the landfill expansion, a natural gas-fired power plant in Jessup, warehousing projects or, most recently, data centers proposed for the Midvalley.

Friends of Lackawanna core member Sharon Cuff echoed Amico.

“Grassroots organizations are so important, especially today, and it gives a voice to the people who are directly affected by the issues,” she said.

Amico encouraged anyone interested in environmental activism to pick a cause, research, stay positive and continue moving forward.

“You’ll have setbacks,” he said. “You can’t let setbacks take you out.”

If residents are willing to get their hands dirty, dig in and research, they can start to make a difference, core member Pat Clark said. Clark offered advice for fledgling environmental movements.

“Stay the course. If you believe in what you’re fighting for, it ultimately will be worth it. Don’t get discouraged when things don’t go your way if you believe that you’re correct in the end,” Clark said. “Don’t be afraid to punch back when you need to.”

Jessup resident Jeff Smith, who is the vice chair of the Pennsylvania Chapter of the environmental nonprofit Sierra Club and an executive committee member of the Sierra Club’s Northeastern Pennsylvania Group, was a founding member of Citizens for a Healthy Jessup — a similar grassroots effort formed in 2015 in opposition to the Lackawanna Energy Center natural gas-fired power plant.

The Sierra Club also played a key role in Friends of Lackawanna’s successful appeal of the landfill’s Phase III expansion before the Pennsylvania Environmental Hearing Board, joining Friends of Lackawanna as an intervening party with local Sierra Club members testifying to the panel of environmental judges.

The local Sierra Club chapter will try to offer assistance to any local environmental groups, he said.

“The more people that we can help, the more people we can encourage, the more groups we can offer our support, whether it be financially, whether it be mentoring, whether it’s some of our research, you name it, if we can offer it, we will help these groups prosper,” he said. “It’s part of our original beliefs  — to build community.”

Citizens for a Healthy Jessup took a similar approach to Friends of Lackawanna, operating as a nonprofit group with both political and environmental components, Smith said.

“Where would we be without these groups?” he said. “Jessup would not have as lucrative of a host agreement. They would have industrial wastewater placed directly into the Lackawanna River.”

Smith pointed to the information and research Friends of Lackawanna put forward.

“We’re talking financially, the communities are better. The quality of the water, the quality of the air — without these people doing this hard work, where would we be as a community?” Smith said. “That’s why it’s so important.”

WVIA Covers FOL’s EHB Victory

Highlights:

"The ruling validates what we've been saying for a very long time now that the DEP made a mistake in approving the Phase III permit, and the landfill is not being run as responsibly as it always claims it is..."

"The DEP is going to review everything. We very much like and welcome the opportunity to be part of that process, to give them the perception or ... to give them the background from the citizen standpoint about what needs to be there..."


DEP ordered to reevaluate permit for landfill in Lackawanna County

After hundreds of odor complaints and issues with wastewater, the Pennsylvania Environmental Hearing Board ruled on Tuesday that the state Department of Environmental Protection (DEP) needs to revisit its permit for the Keystone Sanitary Landfill.

"The Department must assess on remand whether additional measures to control odors and leachate, some of which have been required by a recent Consent Order and Agreement, warrant inclusion in the landfill’s permit or changes to the landfill’s operating plans," according to a decision by the board.

Keystone applied to expand the landfill skyward in March 2014. DEP, which administers and enforces the Solid Waste Management Act, approved the permit for that expansion in June 2021. The landfill started placing waste in what they refer to as "Phase III" in January 2024.

The landfill is owned by Louis and Dominick DeNaples. It's situated between the Throop and Dunmore boroughs in Lackawanna County.

Environmental advocacy groups formed in response to the plans to expand, including Friends of Lackawanna (FOL), who challenged the permit.

Patrick Clark, from the nonprofit, said their concerns over leachate discharge and odor have been heard. The Sierra Club is listed as an intervenor.

"The ruling validates what we've been saying for a very long time now that the DEP made a mistake in approving the Phase III permit, and the landfill is not being run as responsibly as it always claims it is," said Clark.

Al Magnotta, a representative from Keystone, said their permit is still valid and they will continue to comply with leachate and odor management.

"What the judge said, there's nothing wrong with issuing the permit, but it needs to be enhanced with additional operational controls, if you will,” he said.

Clark said it's unclear what exactly will happen because of the ruling.

"What the remand means is that the board has said to DEP 'you have to look at this permit and now take into account everything that you know about the landfill since you issued that permit, in addition to everything that is in this ruling,'” he said.

Wastewater

A harms-benefits analysis was part of the permitting process. Erika Bloxham, a facility specialist in the Department’s waste management program in the Northeast region, was the primary author. Her conclusion is mentioned in Tuesday's ruling.

She concluded that the benefits of the Phase III Expansion did not outweigh the harms "... primarily because in her opinion Keystone had not mitigated the excess leachate production to the fullest extent possible. However, Ms. Bloxham’s supervisor, Roger Bellas, the waste program manager for the Northeast region, disagreed and authored the conclusion of the analysis for the Department," the ruling states.

It goes on to say: "Bellas testified that he felt somewhat responsible for the issues Keystone has experienced since the permit modification was issued, while at the same time also feeling that he could not have foreseen all the things that have happened."

Leachate forms when rainwater filters through waste placed in a landfill. When this liquid comes in contact with buried wastes, it leaches, or draws out, chemicals or constituents from those wastes, according to the U.S. Environmental Protection Agency (EPA).

The order states DEP knew there was an issue with excess leachate generation when it issued the Phase III permit modification. Since then, the landfill has been producing more than double the leachate that it predicted and storing more leachate in its lagoons than allowed by the department, according to the ruling.

Magnotta said, and the ruling reflects, that the landfill has put in more storage for leachate, adding the state allows them to store leachate at only 25%, which, in the past, they have gone over. They also now ship it off site to facilities to be treated.

The ruling also states "because of Keystone’s excess leachate storage capacity, its use of temporary storage tanks, and its offsite hauling of leachate, the lagoons have never overflowed and have never been at imminent risk of overflowing."

"There is no evidence of environmental harm from Keystone hauling leachate from the landfill for offsite treatment," according to the ruling.

The smell

Landfill operators must have a nuisance minimization and control plan (NMCP) to minimize and control things like vectors, noise, dust, and odors that arise from the operation of the landfill and could affect offsite areas.

“By their nature, waste disposal operations have the potential to create odors, and periodic odors will likely occur at any landfill,” the ruling states.

DEP has received hundreds of odor complaints from residents who live next to or near the landfill, according to the court document.

Last April Keystone was ordered to pay $575,000 to Dunmore, Throop and the DEP after more than a year of odor complaints from residents. The consent order and agreement also set out the steps the landfill must take to prevent future odor issues, which includes more testing and controlling leachate.

Odors dispense within a half mile of the landfill, said Magnotta, who believes the landfill is blamed for most bad smells in the region.

"If you look at the odors and what the department has verified, it's probably less than 5% ... because anything that's different is blamed on us, and we've tried really hard, and we've documented, and we presented at the hearing, you know, maps showing that these, these complaints are coming from five miles away," he said.

Keystone recently began using drones to monitor surface emissions. They also do ground monitoring.

Solutions sought

"FOL and Sierra Club have not shown that Keystone’s Phase III permit modification should be suspended, revoked, overturned, or vacated instead of being allowed to remain in effect pending remand," according to the order.

Clark said the compliance history dictates that the landfill should be shut down. But regardless, they want more in the moment data about the environmental impacts of the landfill.

"The landfill is a self reporting entity, so any tests that are done ... unless there's a violation follow up, the landfill is submitting their data to DEP ... that does not include transparency data to the public as well," he said. "So we would like to see a greater sharing of data, but also greater visibility of that data. So it's not always after the fact, after a problem has been identified."

Friends of Lackawanna is unsure what the next step will be after Tuesday's ruling.

"The DEP is going to review everything. We very much like and welcome the opportunity to be part of that process, to give them the perception or ... to give them the background from the citizen standpoint about what needs to be there," Clark said.

Magnotta said the DEP does intense inspections of the landfill every week. They measure the lagoons and take photos.

Keystone complies with those inspections, which Magnotta calls “appropriate.”

"Our goal is to be the best landfill in Pennsylvania. I think we are,” he said.

Local TV covers FOL's EHB Victory

Here's is WNEP-TV's piece on the EHB ruling.

"This is a clear and hard-fought victory for our community — one that forces stronger environmental protections and greater accountability moving forward," the group said. "Your support, your calls and your love of NEPA are the reason why."

Watch the full vide


HARRISBURG, Pa. — The Pennsylvania Department of Environmental Protection made a mistake in approving a Lackawanna County landfill's massive planned expansion without measures sufficiently handle its offsite smells and its ability to handle liquids that seep from the garbage, the state Environmental Hearing Board said.


The ruling issued Monday by a five-judge panel in Harrisburg marked a partial victory for Friends of Lackawanna, a non-profit founded in opposition to the Keystone Sanitary Landfill's decades-long expansion which appealed approval of a state permit allowing the plans. 

The panel found the DEP mistakenly issued a permitted that does not sufficiently mitigate concerns raised by the landfill's opponents, concerns that court records show were also shared by those tasked by DEP with weighing the landfill's harms and benefits.

The board's order, however, does not automatically undo Keystone's plans to extend its life by 42 years by taking in another 94 million cubic tons of waste. It remands Keystone's expansion back to the DEP to determine whether more measures to control odors and leachate — some of which is required by a consent order imposed after a violation — should be included in the landfill's permit.

"The landfill has experienced challenges controlling offsite odors and excess leachate generation at its facility for several years," the five-panel board wrote. "The Department erred in issuing a permit that does not sufficiently control or mitigate these issues."

The landfill can continue to operate during the remand.

During a hearing last spring, the department signaled it is interested in amending Keystone's expansion permit based partly on what it learns from the landfill's compliance with the consent order.

The area straddling the Dunmore/Throop line started accepting waste in the early 1970s. It covers 714 acres and is allowed to take in roughly 7,500 tons of waste each day.

The DEP approved a permit modification in June 2021 for an expansion that would roughly triple the landfill's capacity over the next four decades.

That prompted an appeal by FOL that led to this week's board determination prompting another look at the conditions of such a permit modification.

Colleen Connolly, a spokeswoman for the DEP, said the department "received and is reviewing" the board's ruling.

In a statement, FOL said the landfill's expansion is "now clouded with uncertainty."

"This is a clear and hard-fought victory for our community — one that forces stronger environmental protections and greater accountability moving forward," the group said. "Your support, your calls and your love of NEPA are the reason why."

A message left for Keystone was not immediately returned.

According to the ruling, DEP conducted an analysis of the harms and benefits of allowing Keystone to proceed.

The harms DEP considered, according to court paperwork, included odors, litter, noise, air pollution, groundwater impacts, the discharge of treated leachate in the Lackawanna River and the marring of the valley's aesthetic.

Against these were recycling and cleanup programs provided by the landfill, the purchase of goods and services, jobs and municipal funding in the form of disposal fees, tax revenue and host agreements with Dunmore and Throop.

The court ruling, citing a transcript of a hearing held last year, revealed internal disagreements on how to proceed.

"Keystone is not wrong in saying that localized odors are a reality at any landfill," the panel said. "But the frequency and duration of odor and malodor events that Keystone has experienced has exceeded an acceptable baseline for normal landfill operations."

"We do not doubt the complexity of operating a landfill," they continued. "But the same problems have been occurring for years without being fully controlled by Keystone, despite its efforts, and despite the conditions of the Phase III permit or Keystone’s Department-approved (nuisance minimization and control plan)."

Erika Bloxham, a DEP staffer who wrote the majority of the harms-benefit analysis, determined the benefits "did not clearly outweigh the harms," according to the filings. That was because of the issues Keystone had with managing its leachate, the volume of which frequently exceeded a threshold established to prevent spillage.

Her supervisor, Roger Bellas, disagreed with her assessment and wrote the conclusion supporting the issuance of Keystone's permit modification. 

As for the odor – an issue raised in hundreds of complaints to the DEP over the years –  Bellas testified at the hearing the conditions imposed by the permit did not successfully prevent odors, "all but conceding" the permitting conditions were inadequate, the ruling stated.

 

Dunmore councilwoman, Janet Brier, raises landfill concerns to Shapiro, criticizes DEP

“My only hope is that the Shapiro administration will permanently reverse DEP’s prior decisions and finally put the people’s health and well being before politics,” Brier said. “The Environmental Hearing Board’s remand order presents a tremendous opportunity for Gov. Shapiro to reverse the mistakes of the past.”

Dunmore councilwoman, Janet Brier, sent a letter to Governor Josh Shapiro urging him to add stricter penalties to the Keystone Sanitary Landfill’s expansion and also raised concerns over DEP's process when it concluded the expansion’s benefits outweigh its harms.

Thank you, Janet.

You can read the full article at: Dunmore councilwoman raises landfill concerns to Shapiro, criticizes DEP

Massive Win for FOL

The Environmental Hearing Board confirmed what we’ve long known: Keystone Sanitary Landfill is not being operated as safely or responsibly as claimed—plagued by years of serious problems with leachate and offsite odors and the DEP failed to protect the public.

Because of this ruling, the permit for Keystone’s Phase III expansion is now clouded with uncertainty. The Board sent it back for further review, demanding that the DEP reassess whether the landfill’s serious issues that it now knows about are properly considered.

This is a clear and hard-fought victory for our community—one that forces stronger environmental protections and greater accountability moving forward. Your support, your calls and your love of NEPA are the reason why.

The path forward for Keystone just got longer, more complicated, and more uncertain—and that’s thanks to you: the residents, supporters, and advocates who refuse to be silenced and look the other way.

We’re organized. We’re watching. And we’re not going anywhere.


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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.

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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.

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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.”