[NOTE: this is not related to DEP's decision on the landfill's attempted expansion. DEP is still evaluating it and has not issued its ruling. This is specific to our ongoing zoning matter.]
*Background*
Earlier this year, we petitioned the PA Supreme Court to hear an appeal on our zoning case that has been winding its way through the system for nearly 6 years. We suspected it was a long shot but it was worth the time and effort in our ongoing efforts to stop this expansion. And yes, landfills are still structures. And yes, structures are controlled by height restrictions of the zoning code. Ultimately the courts decided to look at the procedure instead of getting to the merits. So be it. For now.
This is a complicated issue and the nuance of explaining it will cause just about anyone to stop scrolling immediately. But in an effort to summarize it, here are a few points as well as the content of the article below.
*How we view this ruling*
The Supreme Court's decision, though frustrating, is not unexpected. This entire zoning process, beginning nearly 6 years ago, has been convoluted. What began as an attempt to clarify and enforce a known point in Pennsylvania law - that Landfills are Structures and therefore subject to height restrictions in the zoning code - has taken a long and winding detour down never-ending legal procedural roads.
*What's next relative to zoning?*
It remains to be seen whether all legal questions relative to the Landfill and zoning are over. It depends on what actions KSL chooses to, or needs to, take relative to zoning. As we always do, we will continue to evaluate all options.
*How does this tie into the big picture & the expansion?*
The entire point of this 6 year battle is the expansion and we look forward to the DEP's ruling on it. We are confident the DEP has no choice but to deny the expansion given the recent technical review deficiency letter. That letter is the 5th issued by DEP during this expansion evaluation and it has 10 pages full of over 60 items which KSL has not yet answered. At this point, the only thing growing faster than the massive pile of trash visible for all to see and smell is the list of reasons for DEP to deny it.
*Link to article*
https://www.thetimes-tribune.com/.../article_185de826...
Supreme Court won't hear appeal of Keystone Sanitary Landfill case
BY TERRIE MORGAN-BESECKER STAFF WRITER Oct 21, 2020
The state Supreme Court declined to hear an appeal of a court ruling upholding a finding that the Keystone Sanitary Landfill is not a structure subject to a height restrictions.
Friends of Lackawanna, a group that opposes the proposed expansion of the landfill, has battled Keystone since 2015 over whether Dunmore’s zoning ordinance, which limits the height of structures to 50 feet, applies to landfills.
The group contends the landfill’s trash pile constitutes a structure and it therefore must comply. Keystone maintains the ordinance applies only to buildings.
In February, the state Commonwealth Court upheld a lower court ruling that favored Keystone. The court did not rule on the merits of the case, but instead dismissed it on a procedural grounds.
The Supreme Court’s refusal to hear an appeal of that ruling ends the case, said Jeff Belardi, attorney for Keystone.
Pat Clark, one of the leaders of Friends of Lackawanna, said the group is disappointed, but expected the court would not accept the case.
Clark said the group is considering its options. It’s possible it may be able to file a new court challenge. That will be dependent on whether Keystone must file for additional zoning permits.
Keystone is continuing to work to obtain the approval for the expansion from the state Department of Environmental Protection. The expansion would allow the landfill — located in Dunmore and Throop — to continue bringing in trash until 2064, totaling an additional 94,072,940 tons of waste, or 188 billion pounds, according to the landfill’s 42.4-year expansion plans.
DEP recently notified the landfill it needs to correct more than 60 deficiencies in its expansion application.
Belardi said DEP is seeking clarification on a number of issues. The landfill is in the process of responding to the questions.
“That does not mean the permit is sunk. It means they have to give DEP more information on things they identified,” Belardi said.
