If you are confused about all the decisions and ongoing litigation regarding the potential expansion of the Keystone Sanitary Lanfill (KSL), here is a break down of where we are at now.

We have always had 2 main ways to stop the growth/expansion of this landfill:

1) Would have been for the Pennsylvania Department of Environmental Protection (DEP) to say the harms outweigh the benefits, which Friends of Lackawanna clearly proved. However, Governor Tom Wolf did not intervene and the DEP,--an organization that the Environmental Hearing Board said operated more in the interest of KSL than the citizens they are charged to protect--passed the Environmental Assessment Review saying the benefits of the landfill (just money for those keeping track) clearly outweigh the harms.

2) Pennsylvania case law has already determined that modern landfills are structures. Dunmore's Zoning Ordinance explicitly limits the height of structures in the borough to 50 feet. This would essentially limit the height of the landfill so that they could not expand much beyond where they are at today.

So now that the expansion can't be stopped by DEP with the Environmental Review, the best chance is Zoning. Despite the clarity of PA case law, KSL does not want to be considered a structure and KSL and FOL are fighting this in court. KSL is afraid that they will lose because the law is so clear, therefore, they are trying to run an end game around ongoing litigation by having Dunmore Council add an amendment to the Zoning Ordinance saying that a landfill is not a structure.

Dunmore Council ultimately gets to decide if Dunmore accepts the amendment. Before it gets to Council, it must be reviewed by Lackawanna County Regional Planning and the Dunmore Planning Commission. The former declined to support KSL's request. And even though the Dunmore Planning Commission almost never goes against the County and has never changed the ordinance to the singular benefit of one company, last night they voted 4-3 to approved it. Both Planning Boards are advisory so Dunmore Council makes the final decision.

If you care about this issue, please attend the Dunmore Council meeting on September 19th at 6pm at the Dunmore Community Center located at 1414 Monroe Avenue in Dunmore and tell them NOT to accept the proposed amendment to the Zoning Ordinance.