Air Monitors available to residents in Throop, Dunmore, Scranton, and Jessup

Due to air quality concerns voiced by residents from Throop, Dunmore, Scranton and Jessup, Physicians for Social Responsibility Pennsylvania

is accepting additional requests for air monitors. Participants will be part of a community driven air monitoring project and results will be used to help advocate for better policies and stricter permitting rules. Those willing to have a monitor placed on their property will be contributing to data collection for our region.

Please email tonyehn@psrpa.org with the subject line Air Monitoring if interested. Monitors will be placed on December 20th.

Dunmore councilwoman asks Shapiro for increased monitoring at Keystone Sanitary Landfill

From the Scranton Times Tribune

A Dunmore councilwoman asked Gov. Josh Shapiro to use his executive power Tuesday to mandate an enhanced odor monitoring system at the Keystone Sanitary Landfill that shifts the burden of reporting odors off of residents.

“It should not be the responsibility of the citizens of Northeast Pennsylvania to monitor odors coming from the landfill and then report them,” council Vice President Janet Brier wrote in a letter to Shapiro. “(Pennsylvania Department of Environmental Protection) has the authority and the mandate to protect us. DEP should be constantly monitoring the malodorous landfill odors, not the citizens who are subjected to them.”

Brier’s letter Tuesday, copied to DEP officials as well as multiple Pennsylvania-based media organizations, follows 260-plus odor complaints since Oct. 1 regarding the Louis and Dominick DeNaples-owned landfill. The councilwoman called for electronic monitoring as waves of odor complaints strain DEP resources.

The DEP cited the landfill in Dunmore and Throop for nine violations pertaining to odors in January after 233 odor complaints between Sept. 1, 2022, and Jan. 20. In October, it admonished the landfill for odors. On Nov. 21, the department suspended the landfill’s ability to remove the cover from garbage piles that naturally settled below their original height and deposit additional garbage to “reclaim air space.” The suspension cited hundreds of odor complaints, department staff routinely detecting offsite landfill gas odors and a Nov. 16 inspection.

Keystone responded Thursday, explaining it is working to mitigate odors while also contending the public misattributes odors to it.

The DEP allows residents to report odors online or by phone, with one phone number for business hours and one after-hours number.

Brier called the DEP’s process of responding to odor complaints “wholly inadequate” with delayed or non-existent responses.

Brier said she directs constituents to the phone line, but they are often either afraid to leave their names, addresses and phone numbers, or are discouraged from calling after hours when the answering service asks if they are calling about an emergency.

“As a result, although DEP receives hundreds of calls complaining of odors, it is a very, very small amount of calls compared to the actual number of people living in this valley who are adversely affected,” she wrote.

When the DEP receives an odor complaint, it is logged by a complaint specialist, and staff review it to determine if it requires a physical response, spokeswoman Colleen Connolly said in a phone interview late Tuesday.

If it warrants a response, a staff member is dispatched to the complainant’s address to document any odors present and then prepare a report, Connolly said.

The DEP will allow Shapiro’s office to comment on the complaints in Brier’s letter, but “DEP understands that at times the odor complaint registration and investigation process can result in delayed responses, and that’s frustrating to the public,” Connolly said.

“We understand that,” Connolly said. “To counter this, when circumstances warrant it, DEP will initiate odor patrols.”

Since Nov. 13, DEP staff have been conducting daily odor patrols around Keystone, in addition to reviewing methane monitoring reports and conducting inspections twice a month to ensure they are in compliance with their odor mitigation systems, which is standard for all landfills, not just Keystone, Connolly said. The methane smell is often associated with landfills.

“DEP staff have been conducting these patrols in the early morning, in the evening hours, during the week and on weekends to monitor the area around the landfill for odors,” she said. “We conduct them after hours so we can respond to odor complaints near the landfill, which is typically when we get the calls.”

The odor patrols result in more timely responses when people call in complaints, Connolly said.

Manpower is a challenge, though, she said.

“We’ve been making necessary accommodations to address the uptick in complaints, and we’ll continue to address this as needed,” she said. “We’re working with the manpower and the staff that we have.”

In a phone interview Tuesday, Brier said since the department doesn’t have the manpower, she would like to see 24-hour electronic monitoring to record odors and build a database.

“We need something permanent and electronic,” she said. “We don’t need a human being up there. We need some type of monitoring that will monitor and record the smells coming from that place.”

Landfill consultant Al Magnotta pointed to the landfill’s existing monitoring, including at least half a dozen monitoring stations around its perimeter. The landfill conducts daily surface scans of its landfill gas collection system and its work areas, with the results being automatically recorded and used to establish mitigation priorities, he said in a texted statement.

Keystone also records meteorological data daily and uses it to develop air emissions mitigation work assignments; on a quarterly basis, Keystone has an independent air quality consultant perform seven days of 24-hour air emissions sampling, which is analyzed in an annual report to the DEP, he said.

To report an odor by phone, call 570-830-3057 during business hours or 570-826-2511 after hours. To file a complaint online, visit greenport.pa.gov/obPublic/EnvironmentalComplaintForm.

Keystone Sanitary Landfill responds to DEP suspension letter

From the Scranton Times Tribune

The Keystone Sanitary Landfill is working to mitigate odors following a wave of recent complaints, though it contends the public misattributes odors to it.

Late last month, the state Department of Environmental Protection suspended the Louis and Dominick DeNaples-owned landfill’s settlement accommodation plan operations, or SAP, 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 Nov. 21 suspension letter cited hundreds of recent odor complaints from residents in communities surrounding the landfill, department staff routinely detecting offsite landfill gas odors and a Nov. 16 inspection where inspectors smelled more pungent, leachate-like odors at a SAP area.

The DEP said it received more than 200 odor complaints from Oct. 1 through Nov. 22. Since then, the department has received about 60 more complaints, spokeswoman Colleen Connolly said in an email.

The majority of the complaints were related to the landfill’s operations, according to the suspension letter. While responding to residents’ odor complaints, DEP staff often detected landfill-related odors outside of Keystone’s property on Marshwood Road, the Casey Highway, Interstate 81 and other areas around the landfill.

The DEP gave the landfill 10 days to submit a plan to mitigate and control the odors, which it pinpointed to Keystone’s settlement accommodation plan areas. Those areas encompass less than 10 acres of the 714-acre landfill in Dunmore and Throop.

The landfill responded Thursday, documenting its mitigation measures while also saying it disagrees with the DEP’s findings.

The landfill immediately suspended its SAP operations following an Oct. 25 phone call with the DEP, landfill business Manager Dan O’Brien wrote in the response.

Keystone acknowledged that “certain required tasks and activities” have the potential to generate odors, including placing final covers on garbage, repairing/replacing vacuum lines, raising stone columns and vertical well drilling.

To eliminate odors from the SAP area, Keystone outlined six mitigation measures, including installing five horizontal collection wells, drilling new gas extraction wells, placing 20,000-plus tons of soil cover material and plans to carry out final closure activities at a portion of the SAP area, which the landfill expects to complete in the spring.

In the meantime, the landfill will aggressively monitor the area, among other work, and it will continue its efforts to reduce emissions from the SAP area, O’Brien wrote.

The suspension letter was the third time this year the DEP has addressed landfill odor reports amid Keystone’s Phase III expansion. The DEP approved the expansion June 3, 2021, allowing the landfill to triple its capacity over the next four decades by adding just over 94 million tons of trash, or about 188 billion pounds.

The landfill is confident it remains compliant with its DEP-approved nuisance minimization and control plan, O’Brien wrote.

“The vast majority of the ‘hundreds of odor complaints from residents’ originated from residential neighborhoods surrounding the landfill but DEP inspectors have not confirmed the presence of landfill-related odors during the most recent onslaught of complaints,” O’Brien wrote.

O’Brien contended the landfill has identified “numerous business operations, infrastructure performance issues, marshes and poorly maintained drainage ponds in the immediate area that produce odors, some on a regular basis.”

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

The DEP is aware of other potential odor sources in the area, and its staff are well trained to recognize these different types of odors, Connolly said.

“While at times the public may misidentify a source of odors, DEP staff are capable of differentiating these odors when they respond to the odor complaints,” she said.

The department has been conducting after-hours odor patrols in the area of the landfill, including weekends, in response to the complaints, Connolly said. DEP staff have detected landfill-related odors in the communities of Dunmore and Throop, she said.

The DEP is evaluating the landfill’s response, she said.

Landfill consultant Al Magnotta said in a text Monday he would prefer to let the landfill’s operational staff detail its “comprehensive mitigation program and the vast amount of technical/scientific data we have accumulated” to show the “vast majority” of alleged odor incidents did not originate at Keystone. Instead, Magnotta contends they are an attempt by landfill opposition group Friends of Lackawanna to “make a record” as it appeals the landfill’s Phase III expansion to the Pennsylvania Environmental Hearing Board.

Reached by phone Monday night, Pat Clark, a leader of Friends of Lackawanna, said it couldn’t be further from the truth to insinuate residents don’t know what the smell is. He called Magnotta’s assertion about the source of the odor complaints insulting.

“Al Magnotta thinks we’ve got a bat signal that we just put out and say, ‘Have people call the DEP’ like people have nothing better else to do with their time,” Clark said. “That’s not the case — people were worried about their health. They’re worried about their quality of life. They’re worried about this town and this area.”

To report an odor by phone, call 570-830-3057 during business hours or 570-826-2511 after hours. To file a complaint online, visit greenport.pa.gov/obPublic/EnvironmentalComplaintForm.

Chris Kelly Opinion: DEP finally picks up the scent of its failure

THIS JUST IN: After years of ignoring neighbor complaints about gag-inducing odors emanating from Keystone Sanitary Landfill, the state Department of Environmental Protection has finally grown a nose.

In a Tuesday letter to trash barons Louis and Dominick DeNaples, DEP Waste Management Program Manager Roger Bellas wrote that the agency is suspending its “settlement accommodation plan operations,” or SAP, which allowed Keystone to tear the caps off of settled mounds of old garbage and pile new trash on top.

Essentially, DEP granted KSL permission to scratch open old wounds and pack them with new filth. When the eye-watering stench of old rot predictably rode the wind out of the landfill, the agency’s new nose got bent out of shape.

Bellas’ letter links the SAP sections of the landfill to 200-plus odor complaints received since Oct. 1, many confirmed by DEP staff. A Nov. 16 inspection also factored into the decision.

“The DEP has determined that KSL has been unable to maintain overall operational compliance; specifically, with regards to adequately controlling landfill gas odors resulting from activities related to the SAP operations,” Bellas wrote.

TRANSLATION: “We smell it, too.”

Times-Tribune Staff Writer Frank Lesnefsky broke the news of the letter, which was greeted by many landfill neighbors and Friends of Lackawanna — the grassroots group fighting the landfill’s expansion — as a welcome, long overdue acknowledgment by DEP that the landfill stinks beyond its borders.

Sorry to sniff at this “breakthrough,” but according to DEP spokeswoman Colleen Connolly, the suspension affects less than 10 of the landfill’s sprawling 714 acres in Dunmore and Throop.

This is the third time this year DEP has criticized the landfill for odors. It’s lovely that DEP has finally, officially confirmed what anyone with a working nose has known for years, but let’s not overstate the impact of this so-called “suspension.” It affects a tiny portion of the poisonous property that landfill officials said hasn’t been used for new garbage for “several weeks.”

This is, after all, the same DEP that granted Keystone an unconscionable expansion permit to build “Mount Trashmore” out of 94 million tons of trash over the next four decades. An overdue admission that the landfill stinks means little and misses the big picture, which DEP has raised to an art form.

“I commend (DEP) for acknowledging that the landfill stinks, but that’s not news,” said Pat Clark, a leader of Friends of Lackawanna. FOL was formed in 2014 to oppose the expansion, which it is appealing before the Pennsylvania Environmental Hearing Board.

“It’s a step in the right direction in terms of DEP saying (KSL) is not in compliance, that they put a plan in place and they aren’t following it,” Clark said. Bellas gave Keystone 10 days to submit a plan for correcting the odor problems, an approach Clark said has become routine and is meaningless if the problems persist.

I reached out to landfill consultant Al Magnotta on Friday. He said he read Bellas’ letter but couldn’t discuss Keystone’s plan to answer DEP’s call for correction.

Whatever Keystone does to address the issue at hand, Clark said more and thornier problems are bound to follow, particularly if Mount Trashmore rises over the next 40-plus years.

“I wish (DEP) would zoom out and look at the whole picture,” he said, pointing out that focusing on specific examples — like odor emanating from a portion of the landfill that represents less than 1.5% of its rotten footprint — risks losing sight of the larger, looming catastrophe of allowing a festering wound to grow in the heart of our valley.

“If (KSL) can’t be in compliance now, how will it be any different in the future?” Clark asked. “Combine all these smaller examples and they add up to a big problem. If something this bad can happen on 10 acres, what’s going to happen when something goes bad on the whole site?”

If only DEP would grow a spine and a conscience to go with its new nose, we might never have to know.

CHRIS KELLY, the Times-Tribune columnist, congratulates Roger Bellas on his recent olfactory upgrade. Read his award-winning blog at timestribuneblogs.com/kelly.

FINALLY: DEP suspends Keystone Sanitary Landfill approval

FINALLY!! The DEP has suspended KSL's ability to pile new wase on already settled waste piles. Why? DEP informed the landfill that they have proved unable to maintain overall operational compliance and confirmed the odor issues are emanating from the landfill.

From the Scranton Times

The state Department of Environmental Protection has suspended the Keystone Sanitary Landfill’s ability to dump new garbage on top of settled waste after receiving hundreds of odor complaints and confirming that the majority originated from the landfill.

In a letter Tuesday, DEP Waste Management Program Manager Roger Bellas informed the Louis and Dominick DeNaples-owned landfill that the agency was suspending its settlement accommodation plan operations, or SAP, which allowed Keystone to reclaim “lost air space due to settlement.” The DEP links the SAP areas to a wave of odor complaints surrounding the landfill in recent months.

The landfill installs permanent caps on garbage piles that have reached their final elevation. The SAP addresses trash piles that naturally settle below that elevation. The suspension essentially halts Keystone’s work to remove the cap covering existing garbage and add waste on top of the area, DEP spokeswoman Colleen Connolly said. The suspension affects less than 10 acres of the landfill, she said. The landfill property encompasses 714 acres in Dunmore and Throop, according to the DEP.

Connolly directed questions about the suspension’s impact on operations to the landfill. Reached by text message Tuesday night, landfill consultant Al Magnotta said he was not up to date on the current status.

The DEP approved the landfill’s SAP on Feb. 17, 2021, with a condition that the facility must remain in compliance as it implements the plan, including with landfill gas odors and surface emissions, according to the suspension letter.

“The DEP has determined that KSL has been unable to maintain overall operational compliance; specifically, with regards to adequately controlling landfill gas odors resulting from activities related to the SAP operations,” Bellas wrote.

Bellas attributed the suspension to three factors: the significant volume odor complaints since September, DEP staff routinely confirming offsite landfill gas odors and the results of a Nov. 16 inspection.

Since Oct. 1, the department has received 200-plus odor complaints in Lackawanna County, and DEP staff confirmed the odors, Connolly said. The exact number of confirmed complaints was unavailable late Tuesday, though Bellas notes the majority were confirmed.

While responding to the complaints, DEP staff routinely detected landfill-related odors outside of Keystone’s property, with moderate to strong odors along Marshwood Road, the Casey Highway, Interstate 81 and other areas around the landfill, according to Bellas’ letter.

Environmental agency admonishes Keystone Sanitary Landfill for odors, criticizes mitigation measures

Remember those accusations that Friends of Lackawanna were fear mongers with a "personal vendetta"? Well, turns out our predictions were right on the money. The DEP notified KSL that methane emissions have worsened, despite mitigation efforts. This acknowledgement by the DEP validates our claims and underscores the urgency of addressing these environmental issues. 

From the Scranton Times

After a wave of recent complaints, the state Department of Environmental Protection admonished the Keystone Sanitary Landfill this week for not effectively controlling its odors.

The DEP received “well over 100 odor complaints” related to the landfill over the past month and a half, according to a letter sent Monday to the landfill from Roger Bellas, the DEP waste management program’s manager. Although the DEP did not identify a stench with the complaints, department staff regularly smelled landfill-related odors beyond Keystone’s property.

“KSL should immediately consider additional mitigation measures to minimize offsite odors, as it is apparent to DEP that KSL’s current mitigation measures have not been effective,” Bellas wrote.

By addressing odors that were observed by DEP staff but not directly tied to complaints, the department circumvents a longtime criticism of its odor-reporting process. To report odors, residents call a department hotline, and the DEP sends an inspector to confirm the odor. By the time the DEP inspector arrived, the odors had often dissipated.

“While DEP’s response to these complaints has not resulted in the identification of a malodor with the complainants, DEP staff have regularly observed landfill related odors off KSL’s property,” Bellas wrote. “Specifically, strong landfill gas odors have been observed along Marshwood Road, the Casey Highway, and Interstate 81.”

Enhanced surface monitoring results from July through October indicate surface methane emissions have become “progressively worse” at the Louis and Dominick DeNaples-owned landfill in Dunmore and Throop, according to the DEP.

In an emailed statement, landfill consultant Al Magnotta pointed to Friends of Lackawanna, a nonprofit group formed in 2014 in opposition to the landfill and its now-approved expansion, encouraging the public to report odors as it appeals the landfill’s expansion.

Friends of Lackawanna is in the midst of appealing Keystone’s Phase III expansion before the Pennsylvania Environmental Hearing Board.

“Accordingly, over the last 45 days, DEP has been inundated with 100 odor complaints logged with no names and no street addresses,” Magnotta wrote. “After DEP inspections, the vast (majority) of the odor complaints were determined to be non-existent or not originated at Keystone Sanitary Landfill.”

Pointing to maximum limits on surface emissions, Magnotta said there is no representation that Keystone exceeded the figure.

In a subsequent phone interview, Magnotta said odors are subjective.

“That’s their interpretation,” he said. “Everything that we’re required to do under the permit ... is very extensive. It’s documented.”

The Keystone Sanitary Landfill is in the early stages of its Phase III expansion, which the DEP approved June 3, 2021. The expansion allows the landfill to triple its capacity over the next four decades, adding just over 94 million tons of trash, or about 188 billion pounds.

As part of its expansion approval, the landfill must monitor areas of intermediate cover monthly, evaluate the results and take mitigation measures to prevent excessive landfill gas emissions that could lead to offsite odors, according to the DEP. An intermediate cover is a 12-inch thick cover made of “natural soil material” covering locations where the landfill does not intend to place any additional garbage for six months, or where the site is at its maximum permitted height, according to the landfill’s expansion plans submitted to the DEP.

Mitigation measures include compacting clay-like soils, adjusting existing gas collection devices, constructing new gas collection devices and promptly mitigating leachate breakouts, the DEP said.

Monday’s letter is the second time this year the DEP has accused the landfill of odor issues.

In January, the agency cited Keystone for nine violations pertaining to odors after responding to 233 complaints across nine towns between Sept. 1, 2022, and Jan. 20.

DEP crews detected landfill odors at homes in Dunmore, Scranton, Throop, Jessup and Jefferson Twp. last year between Nov. 9 and Dec. 30, plus odors along Marshwood Road in Throop and the Casey Highway in Dunmore and Throop, according to the January notice of violation.

The landfill responded to the violation letter in March, contending it was not the source of the majority of those complaints.

The DEP has not yet determined any additional enforcement actions for those violations, DEP spokeswoman Colleen Connolly said.

At the conclusion of the two-page letter sent Monday, Bellas asked the landfill to submit additional information so the DEP can determine whether it complied with its nuisance minimization and control plan.

Keystone conducts and records all mandates in its permit on a daily basis and will promptly respond to the DEP’s request for information, Magnotta said.

“I don’t believe anybody else in the state has that level of effort,” he said.

Pat Clark, a leader of Friends of Lackawanna, said the odors are their fears coming to fruition.

“As this landfill gets bigger, so too do the problems,” Clark said. “Smell is the easiest one because ... it figuratively punches you in the face, but it’s just a harbinger of things to come.”

He lauded the community for logging their complaints with the DEP.

“The residents taking the time and the effort to register the complaints means it’s starting to be noticed and making a difference with DEP,” Clark said. “This file of violations and notices — and acknowledged by the department that this landfill is negatively impacting our community — continues to grow fatter by the day.”

He believes the DEP’s acknowledgement of the odors supports Friends of Lackawanna’s contentions.

“When we started this process years ago ... there was no file or record of violations or history of letters to point back to,” he said. “Well now, because there’s so much attention being paid to it, and there’s so many people calling in, they have no choice but to record them.”

If the DEP determines the landfill violated its nuisance minimization and control plan, the department has a range of options, from working with the landfill to civil penalties to suspending its permit, Connolly said.

“There’s a whole list of actions we could take, but we haven’t decided on that yet,” she said.

The landfill has until Nov. 10 to respond to the DEP’s request for information, Connolly said.

 

Add Your Comment to the DEP's Interim Environmental Justice Updated Policy

To view the new environmental justice policy, visit dep.pa.gov.

To submit a public comment online through Nov. 30, use the DEP’s eComment tool on its website, or email comments to ecomment@pa.gov.

Or Register for their next Virtual Session on Thursday, November 16th at 1pm EST.

View the DEP Powerpoint Presentation on Environmental Justice Overview & Environmental Justice Policy Implementation.

SST: DEP holds public input session at University of Scranton for new environmental justice policy

SCRANTON — Local environmental concerns took center stage Monday evening as the state Department of Environmental Protection sought public input on its new environmental justice policy.

With public meetings scheduled across the state, the DEP hosted a public comment session at the University of Scranton’s Loyola Science Center, giving Northeast Pennsylvania residents the opportunity to weigh in on the department’s “interim final” environmental justice policy, which provides a framework to guide the department’s administrative discretion, according to the policy. The document will guide DEP policy, but it is not a statute or regulation — meaning it is not law.

The DEP adopted the interim final policy Sept. 16 and is accepting public comments through Nov. 30.

The purpose of the policy is to “facilitate environmental justice in communities across the Commonwealth of Pennsylvania and to ensure equity and environmental justice in the administration of DEP’s constitution, statutory and regulatory duties,” according to the policy. The DEP defines environmental justice as the “just treatment and meaningful involvement of all people, regardless of income, wealth, race, color, national origin, area of residence, tribal affiliation, or disability, in agency decision-making and other activities that affect human health and the environment.”

Low-income communities and communities of color bear a disproportionate share of detrimental environmental impacts with accompanying adverse health impacts, according to the DEP.

The interim final policy includes criteria to receive an environmental justice area designation, tactics for proactive community outreach, ways to enhance public participation, and scrutiny during inspections, compliance and enforcement.

An environmental justice area is a geographic area characterized by increased pollution burden and sensitive or vulnerable populations based on environmental and demographic data, according to the DEP. Most of Lackawanna County falls beneath the threshold for an environmental justice designation, with only sections of Scranton, Taylor and Moosic meeting the criteria.

The new policy includes several sections enhancing the previous environmental justice public participation policy, which has been in effect since 2004, said Juan Serrat, an eastern regional coordinator for the DEP Office of Environmental Justice. It also includes substantial changes obtained through public engagement efforts, as well as comments from a previous draft in 2018, Serrat said.

The previous policy only looked at two demographic factors — race and income — to determine environmental justice areas, whereas the new policy looks at 30 different factors, said Justin Dula, director of the DEP Office of Environmental Justice. Those factors range from age, race and poverty to exposure to toxic air and water emissions, traffic density, fracking and municipal waste sites.

About 30 residents attended Monday’s meeting, including leadership of Friends of Lackawanna — a group formed in opposition to the Keystone Sanitary Landfill and its expansion — and Citizens for a Healthy Jessup, which formed to combat Invenergy’s Lackawanna Energy Center natural gas-fired power plant.

Dunmore Borough Council Vice President Janet Brier was the first of about a dozen speakers to offer testimony, directing her remarks toward the new policy’s sections on public participation and inspections, compliance and enforcement. She criticized the current process to report odors at the landfill.

“There’s no odor detection in our area, so it’s up to citizens to call in,” Brier said. “I get lots of calls about the smells because the smells are almost nonstop, and they’re horrendous.”

Some residents are afraid to report odors themselves, and when the DEP dispatches an inspector to investigate, the odor has already moved on by the time the inspector arrives, she said.

Jeff Smith, the president of Citizens for a Healthy Jessup, along with Pat Clark, a leader of Friends of Lackawanna, and Michele Dempsey, a founding member, pointed to a lack of “teeth” in the policy, as it is not regulatory.

“I’m not sure if I see the teeth that citizens need for the protections,” Smith said.

The three also questioned the policy on removing environmental justice designations for municipalities like Dunmore.

While Dunmore was previously an environmental justice area, Dula said it has not met the criteria since census data in 2015.

Smith suggested expanding buffer zones for environmental justice areas.

“If Dunmore is not an EJ area, they should be well within a buffer area so we can slow the growth and control the environment and help the other citizens,” he said.

Clark asked for additional explanation on calculations for environmental justice designations, such as whether there would be special consideration for proximity to a landfill. The Friends of Lackawanna leader also questioned the role of cumulative impacts and historical burdens. He and Dempsey asked DEP officials whether the department has considered grandfathering in areas that previously had an environmental justice designation because of their historical burden.

“We get the worst of all worlds if this carries through like this,” Clark said. “We were environmental justice. We no longer get protections. The new rules come out, and we don’t get the enforcement benefits.”

To view the new environmental justice policy, visit dep.pa.gov.

To submit a public comment online through Nov. 30, use the DEP’s eComment tool on its website, or email comments to ecomment@pa.gov.

FRIENDS OF LACKAWANNA READY TO ARGUE THEIR APPEAL OF LANDFILL EXPANSION TO THE ENVIRONMENTAL HEARING BOARD

SCRANTON TIMES OP-ED:

SCRANTON TIMES OP-ED:

FRIENDS OF LACKAWANNA READY TO ARGUE THEIR APPEAL OF LANDFILL EXPANSION TO THE ENVIRONMENTAL HEARING BOARD

Actively engaged citizens have a long, commendable history of heading off environmental disasters before calamity. Clair Patterson, a geochemist, knew that the lead in gasoline was harming people. Corporate-funded studies dismissed him. He was correct. We now use unleaded gas, and his work resulted in Clean Air Act amendments.

Lois Gibbs demanded her community, Love Canal in New York, be cleaned up since the town was built on top of a toxic waste dump. She was belittled by officials as a 'hysterical housewife.' She was correct. Ultimately, over 800 families were relocated, and the Superfund program was created to clean up hazardous waste sites.

Rachel Carson, a marine biologist, warned of the dangers of pesticide use on wildlife and humans. The chemical industry launched a campaign to discredit her. She was correct. Her work led to the creation of the U.S. Environmental Protection Agency.

Following in their footsteps, Friends of Lackawanna (“FOL”), a grassroots organization, was founded in 2014 after reviewing the Keystone Sanitary Landfill’s expansion application. The application sought permission to triple in size and add over 100 million tons of mostly out-of-state trash to an already oversized pile that casts its shadow over the region.

Like Patterson, Gibbs, and Carson, FOL began to speak up. We knew this expansion would irretrievably harm our reputation, air, water, and future, so we organized and mobilized.

For the past nine years, we have met with anyone willing to listen. Borough Councils, Zoning Boards, School Boards, State Representatives, Congressmen, Senators, and Governors have all heard our concerns. We've hosted conferences, conducted presentations for Environmental Justice bodies, held town halls, and canvassed neighborhoods. From Dunmore to D.C., we've shared our findings and received nearly unanimous support, with one egregious exception – the Pennsylvania Department of Environmental Protection (DEP), the very agency that has the duty to protect and preserve the air, water, and environment of the Commonwealth.

In 2021, the DEP approved the Landfill’s expansion and gave the dump the 40+ year permit it sought. But there is one body that can unwind the DEP’s decision: the Environmental Hearing Board (“EHB”). It's a quasi-judicial body in Pennsylvania designed to hear appeals of DEP decisions.

We first presented to the EHB in 2017, challenging the Landfill’s operating permit. At that time, the EHB found that there was not enough evidence to shut the Landfill down. But it did issue two key findings. First, that DEP has not “consistently exercised vigorous oversight of the landfill consistent with its regulatory and constitutional responsibilities…” Second, that DEP “relied almost entirely on recorded violations, yet the department almost never records any violations at Keystone, even if they undeniably occurred.”

The EHB gave us our game plan: create the file, fill the file, and show the EHB why this expansion must not be allowed to proceed. We knew what we needed to do.

Now, the previously invisible file overflows. The State confirmed ongoing groundwater contamination at the landfill for over 15 years. The Landfill has been cited for the improper storage and leaking of leachate. A health study found toxic chemicals in ambient air testing, which adversely impact our most sensitive populations - children, pregnant women, the elderly, and those with respiratory problems. The Landfill was found to be improperly dumping leachate into the sewer system. Studies have found higher levels of radioactive materials in waterways near landfills that accept fracking waste, such as Keystone. After a decade of complaints, DEP finally cited the facility with formal odor violations.

In addition to these findings, Pennsylvania has doubled down on its belief in, and enforcement of, the State Constitution's Environmental Rights Amendment that guarantees all citizens “the right to clean air, pure water, and to the preservation of the natural, scenic, historic, and aesthetic values of the environment… for the benefit of all the people.” Governor Shapiro and DEP Secretary Negrin have issued statements committing to preserve those rights within the past month.

FOL’s appeal of the expansion with the EHB will likely be held later this year. We have continued to fight to protect our community’s health and future, and we believe we have proved our case. We have the reports, the data, the documented violations, and the support of both experts and elected representatives. We have built the file.

The DEP may have failed the residents of Northeastern Pennsylvania throughout this process by extending its decades-long love affair with a money-making mountain of trash. But the EHB can now step in, right this wrong and can give real validity to the State’s Constitutional mandate. Not only would that give us a shot at a better future, but it would set a precedent that could help protect countless citizens from environmental harm. That’s worth the fight.

Actively engaged citizens have a long, commendable history of heading off environmental disasters before calamity. Clair Patterson, a geochemist, knew that the lead in gasoline was harming people. Corporate-funded studies dismissed him. He was correct. We now use unleaded gas, and his work resulted in Clean Air Act amendments.

Lois Gibbs demanded her community, Love Canal in New York, be cleaned up since the town was built on top of a toxic waste dump. She was belittled by officials as a 'hysterical housewife.' She was correct. Ultimately, over 800 families were relocated, and the Superfund program was created to clean up hazardous waste sites.

Rachel Carson, a marine biologist, warned of the dangers of pesticide use on wildlife and humans. The chemical industry launched a campaign to discredit her. She was correct. Her work led to the creation of the U.S. Environmental Protection Agency.

Following in their footsteps, Friends of Lackawanna (“FOL”), a grassroots organization, was founded in 2014 after reviewing the Keystone Sanitary Landfill’s expansion application. The application sought permission to triple in size and add over 100 million tons of mostly out-of-state trash to an already oversized pile that casts its shadow over the region.

Like Patterson, Gibbs, and Carson, FOL began to speak up. We knew this expansion would irretrievably harm our reputation, air, water, and future, so we organized and mobilized.

For the past nine years, we have met with anyone willing to listen. Borough Councils, Zoning Boards, School Boards, State Representatives, Congressmen, Senators, and Governors have all heard our concerns. We've hosted conferences, conducted presentations for Environmental Justice bodies, held town halls, and canvassed neighborhoods. From Dunmore to D.C., we've shared our findings and received nearly unanimous support, with one egregious exception – the Pennsylvania Department of Environmental Protection (DEP), the very agency that has the duty to protect and preserve the air, water, and environment of the Commonwealth.

In 2021, the DEP approved the Landfill’s expansion and gave the dump the 40+ year permit it sought. But there is one body that can unwind the DEP’s decision: the Environmental Hearing Board (“EHB”). It's a quasi-judicial body in Pennsylvania designed to hear appeals of DEP decisions.

We first presented to the EHB in 2017, challenging the Landfill’s operating permit. At that time, the EHB found that there was not enough evidence to shut the Landfill down. But it did issue two key findings. First, that DEP has not “consistently exercised vigorous oversight of the landfill consistent with its regulatory and constitutional responsibilities…” Second, that DEP “relied almost entirely on recorded violations, yet the department almost never records any violations at Keystone, even if they undeniably occurred.”

The EHB gave us our game plan: create the file, fill the file, and show the EHB why this expansion must not be allowed to proceed. We knew what we needed to do.

Now, the previously invisible file overflows. The State confirmed ongoing groundwater contamination at the landfill for over 15 years. The Landfill has been cited for the improper storage and leaking of leachate. A health study found toxic chemicals in ambient air testing, which adversely impact our most sensitive populations - children, pregnant women, the elderly, and those with respiratory problems. The Landfill was found to be improperly dumping leachate into the sewer system. Studies have found higher levels of radioactive materials in waterways near landfills that accept fracking waste, such as Keystone. After a decade of complaints, DEP finally cited the facility with formal odor violations.

In addition to these findings, Pennsylvania has doubled down on its belief in, and enforcement of, the State Constitution's Environmental Rights Amendment that guarantees all citizens “the right to clean air, pure water, and to the preservation of the natural, scenic, historic, and aesthetic values of the environment… for the benefit of all the people.” Governor Shapiro and DEP Secretary Negrin have issued statements committing to preserve those rights within the past month.

FOL’s appeal of the expansion with the EHB will likely be held later this year. We have continued to fight to protect our community’s health and future, and we believe we have proved our case. We have the reports, the data, the documented violations, and the support of both experts and elected representatives. We have built the file.

The DEP may have failed the residents of Northeastern Pennsylvania throughout this process by extending its decades-long love affair with a money-making mountain of trash. But the EHB can now step in, right this wrong and can give real validity to the State’s Constitutional mandate. Not only would that give us a shot at a better future, but it would set a precedent that could help protect countless citizens from environmental harm. That’s worth the fight.

STUDY FINDS RADIOACTIVE MATERIALS IN WATERWAYS NEAR TREATMENT PLANTS ASSOCIATED WITH FRACKING WASTE

Again, once anyone begins looking at the underlying facts and data, a different picture emerges with landfills. And the results seemingly never benefit the health of the public.

The most recent study involves how fracking waste is accounted for (or not) and the impacts of treating that waste downstream (higher radioactive radium readings).

It continues to feel as though just about all of the concerns raised over 9 years ago come to fruition the instant a qualified professional outside of DEP looks at it: Water contamination? Check. Air Pollutants? Check. Radioactive materials not being properly monitored? Check. Leachate runoff problems? Check.

Some specifics from the study:

--> Over 800,00 tons of fracking waste sent to landfills was unaccounted for.

As to DEP? The study states, “While reporting is required, PADEP does not confirm the accuracy of the reported information.”

--> Samples downstream from outfalls of wastewater treatment plants that treat leachate from over 30 landfills accepting conventional and unconventional oil and gas drilling waste found increases of 2 - 4x the background level of radioactive radium in the sediment downstream of the outfalls than above the discharge points.

Why do we continue to allow self-monitoring and self-reporting landfills?

You can read a story on the study at:Study finds radioactive materials in waterways near treatment plants associated with fracking waste (alleghenyfront.org)

Should DEP drop "Protection" from their name? the PA Senate thinks so...

When we first started fighting the dump's expansion plans, we went in front of the Environmental Hearing Board and they reminded DEP that they have a duty to both protect the citizens of PA and to uphold the PA Constitution regarding our right to a clean and healthy environment.

There's a movement underway in Harrisburg to change the agency's name and remove the word "Protection."

As this editorial cites, "The DEP provides services. The greatest one is protection. It protects Pennsylvanians’ right as spelled out in the state constitution: “The people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment.”

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'Protection' still core of DEP's job

BY THE EDITORIAL BOARD

Farcically claiming that the state Department of Environmental Protection is an intimidating regulatory bully, state Senate Republicans have decided to promote a culture change at the agency by renaming it the Department of Environmental Services.

On a strictly party-line 28-22 vote, the Senate passed the name-change bill Wednesday.

“The word ‘protection’ carries the law enforcement or security connotation rather than that of an environmental resource and a partner to the citizens of Pennsylvania,” said Republican Sen. Gene Yaw, of Lycoming County, an ardent advocate of the natural gas industry and chairman of the Senate Environmental Resources and Energy Committee.

“Unfortunately, enforcer has become the prevalent view of the department,” he said.

Unfortunately? Pro-industry lawmakers long have perpetuated the myth that environmental regulators and industry can achieve compliance by working together, as if they share identical interests. Administrations over the years — most recently that of Gov. Tom Corbett — have tried that approach, providing empirical evidence that it doesn’t work.

The state, for example, provided $1.7 billion in tax credits for a massive Shell petrochemical refinery in Beaver County and cleared an array of hurdles to fast-track its construction. So far, the company has racked up more than $10 million in fines in less than six months of operation for heavily polluting the air. Perhaps the DEP should have adopted a “service” rather than “enforcement” approach to spare the company that expense.

The DEP provides services. The greatest one is protection. It protects Pennsylvanians’ right as spelled out in the state constitution: “The people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment.”

The agency was named the Department of Forest and Waters in 1901 when it was created. To reflect a broader role to fight choking pollution, it changed in 1970 to the Department of Environmental Resources, when the Legislature spun off the Department of Conservation and Natural Resources to oversee state parks and forests.

The House should reject the name change to emphasize the agency’s proper role. If it approves the change, Gov. Josh Shapiro should veto the bill.

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Scranton TT Editorial Board - DEP suffers sensory deprivation

Last week, our region had the worst air quality in the country.

Last week, the DEP excluded NEPA from its warnings.

We didn't need the warning last week to know something was wrong. But things aren't always as obvious.

As this Editorial states, "But the DEP’s failure is alarming because it raises questions about the agency’s capability to inform people in NEPA when the danger is not so obvious. It also exacerbates the justified lack of trust that so many local people have in the agency because of its blithe approval of the massive and massively unwarranted expansion of the Keystone landfill."

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DEP suffers sensory deprivation

BY THE EDITORIAL BOARD

Environmental calamities often are noxious feasts for the senses, incorporating smells, sights and even sounds that point to dangerous conditions.

But regarding Northeast Pennsylvania, the state Department of Environmental Protection seems to have developed an alarming pattern of sensory deprivation.

A few years ago, as scores of people in Dunmore, the Midvalley and Jefferson Twp. complained of an eye-watering stench wafting from the sprawling and towering Keystone Sanitary Landfill, the DEP managed not to detect it.

Even more remarkably, as smoke from Canadian wildfires enveloped Northeast Pennsylvania on Tuesday and the multiagency federal government website AirNow.gov reported that the region had the worst air quality in the United States, the DEP excluded all of NEPA from its “code orange” air-quality warning.

The warning included only Philadelphia, Pittsburgh, the Lehigh Valley-Berks region and the Susquehanna Valley region of south-central Pennsylvania, including Harrisburg and Lancaster.

Asked why the DEP had excluded NEPA, the DEP unleashed a blizzard of bureaucratic obfuscation.

A spokeswoman said the agency’s forecasting models for airborne ozone and particulate matter include only the state’s four most populous regions that the DEP regularly monitors. Only about 900,000 people live in NEPA counties.

NEPA’s immersion in Canadian wildfire smoke was not a forecast. It happened in real time, even as the DEP warned other parts of the state as if NEPA was bathed in sunshine. And the AirNow conclusion that NEPA had the nation’s worst air quality was based partially on the DEP’s own data.

NEPA residents didn’t need government advice to recognize the danger because they saw and smelled the smoke. And local media used other sources to warn residents.

But the DEP’s failure is alarming because it raises questions about the agency’s capability to inform people in NEPA when the danger is not so obvious. It also exacerbates the justified lack of trust that so many local people have in the agency because of its blithe approval of the massive and massively unwarranted expansion of the Keystone landfill.

Gov. Josh Shapiro and DEP Secretary Richard Negrin should not take the latest DEP failure as a one-off mistake, but as a call for a top-to-bottom review of the agency’s emergency systems and policies.

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https://www.thetimes-tribune.com/.../article_48eb8e4c...

NEPA excluded from DEP's Pollution Alerts

During last week's smoke-filled days, the DEP's internal process excluded NEPA from air pollution alerts because...

"it does not forecast for particulate matter at all for NEPA because it is not typically a problem there."

We beg to differ. The article on DEP's "process" is below.

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DEP's internal processes excluded NEPA from air pollution alert from smoke from Canadian wildfires

BY JIM LOCKWOOD STAFF WRITER

The state Department of Environmental Protection excluded Northeast Pennsylvania in an air pollution alert Tuesday because an internal system was not set up to include NEPA, the agency said Thursday.

As a result, the agency might revise how it issues such air-quality forecasts and alerts.

A DEP “Code Orange” air-quality warning issued Tuesday did not include NEPA and instead was declared for the areas of Philadelphia, Pittsburgh, Lehigh Valley-Berks and the Susquehanna Valley of south central Pennsylvania.

But the air quality as of 6 p.m. Tuesday in a large swath of NEPA surrounding Lackawanna County had the worst air quality in the United States for fine particulate matter from the wildfire smoke, according to AirNow.gov.

The Times-Tribune on Wednesday asked the DEP why NEPA was excluded from the Code Orange alert.

In an emailed reply Thursday from DEP spokeswoman Colleen Connolly, the agency said it based its Code Orange on a forecast system that, by default, only covers those four most populous areas of the state that are routinely monitored for ozone and fine particulate matter.

During summer, forecasts for ozone only are done in those four most-populous areas, plus eight additional areas: Altoona, Erie, Indiana, Johnstown, Mercer County, Scranton/Wilkes-Barre, State College and Williamsport.

Generally, fine particulate matter in air is a winter-season problem. The DEP has not developed forecasts for particulate matter for NEPA because this pollutant generally is not an issue in the state or during summer months.

“The forecasting system DEP uses will be looked at after this event to see what we can modernize,” the agency said. “Events like wildfire smoke are relatively infrequent and when they do occur rarely have this level of impact.”

“The meteorological situation was nearly perfect to funnel high levels of wildfire smoke directly down the eastern seaboard of the United States. The models that are used to predict smoke impacts underestimated the impacts actually seen on the monitors on the ground,” the DEP explanation continued. “The state forecast team will be reevaluating how forecasts are issued, what areas are covered and which parameters have forecasts developed.”

AirNow’s “Air Quality Index,” which is publicly accessible on AirNow.gov, cites the Pennsylvania DEP as the source of the real-time data of air pollution found on that website.

In a follow-up question, The Times-Tribune asked the DEP why it used its forecast regions and models to craft its Code Orange Alert, but not its own real-time data posted on AirNow.gov.

The agency responded that it does not forecast for particulate matter at all for NEPA because it is not typically a problem there.

“For Scranton/Wilkes-Barre, DEP has an ‘ozone only’ forecast process in place. Not PM (particulate matter),” the DEP replied. “Going into Tuesday,” a monitor in Scranton detected fine particulate matter in the air, “however, we do not have a protocol in place to issue this forecast from that model. We are working on one.”

“That forecast process was modified Tuesday night going into Wednesday due to the severity of the episode and to communicate what was happening properly to the public and the DEP was able to forecast and thus issue a Code Red for the entire state,” the agency said.

That Code Red, the DEP’s severest alert, was issued Wednesday for the entire state, advising all residents to limit outdoor activities, especially older people, children, those active outdoors and those with lung or respiratory conditions, such as asthma, emphysema or bronchitis.

https://www.thetimes-tribune.com/.../article_f67a695a...

Dunmore Council - 4 seat run off

FOL does not endorse political candidates but we do help keep the public informed on where your local candidates stand on important issues. See below for the positions of candidates running for Dunmore Council and their answers to questions regarding the landfill.

https://www.thetimes-tribune.com/.../article_545e45fe...

VINCE AMICO

Party: Democratic

Age: 50

Family: Wife, Celia; children, Grace, Olivia and Celia

Education: Bachelor’s degree, exercise physiology, Pennsylvania State University; state teaching certificate, technology education

Experience: Teacher, technology education, Scranton School District; small-business owner; Army veteran, Operation Iraqi Freedom; Dunmore council, 2015 to present; board member, Friends of Lackawanna; former vice president, Dunmore Missy League

Campaign website: N/A

What is the most important issue facing Dunmore and what will you do about it?

"It is tough to name the single most important issue that is facing the borough. Dunmore, as well as the other communities in Northeastern PA, are saddled with the Phase III Expansion of the Keystone Sanitary Landfill. The Pennsylvania Department of Environmental Protection has granted the expansion of the landfill. It is council's responsibility to be the voice for our residents and to keep DEP aware of issues that arise from Keystone. Dunmore also faces many of the same issues that other municipalities have to deal with — increased costs of goods and services, rising health care costs, aging infrastructure, blighted properties and absentee landlords. We are in the process of updating and modernizing all of our ordinances and working with code enforcement to address problems as they arise. Since being elected council president last year, my main focus has been dealing with the day-to-day issues that arise in the borough. If elected on May 16, I would continue to do my best to help move the borough in a forward direction."

Should Dunmore heed Pennsylvania Economy League's recommendation to consider becoming home rule to lift some taxing caps, like earned income tax?

"Borough Council just received the Pennsylvania Economy League's recommendations in March. We have not yet discussed all of their recommendations, and the topic of home rule has not been considered."

Do you agree with Keystone Sanitary Landfill that it was not the source of most odor complaints that prompted the state to cite the landfill earlier this year?

"No, I do not agree with Keystone Sanitary Landfill. I firmly believe that they are the source of the odors that prompted the state to cite them earlier this year. The rotten egg odor that you smell while driving on the Casey Highway alongside the landfill is the same odor that residents in Dunmore and Throop have been experiencing at their homes. The Department of Environmental Protection's Notice of Violation referenced 233 odor complaints between Sept. 1 and Jan. 20. The residents of Dunmore and Throop and surrounding communities have been experiencing and complaining about strong hydrogen sulfide (rotten egg) smells for years and DEP has finally issued violations regarding these odors. The system that is now in place is that when there is a malodor occurrence, a resident calls the DEP and they send a representative to confirm the odor. This is very reactive. I would like to see a more proactive approach put into place. The state should fund the placement and monitoring of detectors that would be able to give real-time feedback of odor occurrences, and be able to determine the source of those odors."

Beth McDonald Zangardi

BETH McDONALD ZANGARDI

Party: Democratic

Age: 59

Family: Husband, Anthony

Education: Associate degree, paralegal studies, Luzerne County Community College, 2010

Experience: Administrative clerk, Lackawanna County district attorney’s office, 2001-11; customer service representative, County of Lackawanna Transit System, 2011 to present; member, Dunmore Planning Commission, 2009-19

Campaign website: N/A

What is the most important issue facing Dunmore and what will you do about it?

"While the Keystone Landfill expansion is a major problem for Dunmore and is huge problem to rectify, Dunmore cannot solve this problem alone. We need our PA government legislators to step in and help us. Dunmore is a small town. We don't have the financial resources to fight the landfill and unfortunately, we don't receive enough fees from the landfill. That being said, Dunmore has financial problems, many roads to be paved, too much blight and a community in need of progressive growth. All these issues are important to our Dunmore community."

Should Dunmore heed Pennsylvania Economy League's recommendation to consider becoming home rule to lift some taxing caps, like earned income tax?

"Regarding the PA Economy League recommendation to become Home Rule Charter, at this time I would not be in favor of it. This current council has quite a few plans in the works for Dunmore. I believe these plans would help Dunmore become a better, brighter community. I won't rule it out in the future, not at this time. In the future, if it is the best path for Dunmore, then I am for it. As a side note, the PA Economy League made quite a few recommendations that leaves many options for Dunmore's future."

Do you agree with Keystone Sanitary Landfill that it was not the source of most odor complaints that prompted the state to cite the landfill earlier this year?

"No, I do not agree with that claim. Of course the landfill is the source of the odors."

Michael Hayes

MICHAEL HAYES

Party: Democratic

Age: 43

Family: Wife, Virginia Capo Hayes; daughter, Bella

Education: North Pocono High School, 1997; bachelor's degree, political science, Pennsylvania State University, 2002

Experience: Co-owner, Nardozzi's Pizza; borough councilman, 2012-13 and 2018-19; Dunmore Zoning Board, six years

Campaign website: N/A

What is the most important issue facing Dunmore and what will you do about it?

"We have rising costs and we cannot continue to tax our residents into poverty. We need to utilize the 230 acres of Dunmore land in Dickson City as a renewable energy park that is funded by the federal and state grant programs and feeds energy into the power grid, generating revenue for the borough, and relieves the tax burden of our community. We also need a professional grant writer paid based on the money brought into the borough, and all Dunmore elected government officials should donate their salaries back to the borough until we balance our budget. With seven on council, controller, mayor, tax collector, that's roughly $40,000 per year and that's a good start."

Should Dunmore heed Pennsylvania Economy League's recommendation to consider becoming home rule to lift some taxing caps, like earned income tax?

"PEL made some recommendations that are just horrible. They recommend we eliminate the garbage and recycling and outsource it. I will never be for any plan that involves that. Making our residents pay per garbage bag every week is a slap in the face to everyone in this community and I won't let that happen on my watch. And no, most of our residents are hard-working people living paycheck to paycheck, we can not increase the taxes anymore."

Do you agree with Keystone Sanitary Landfill that it was not the source of most odor complaints that prompted the state to cite the landfill earlier this year?

"It would be a great idea to work with all the potential sources of the odor to mitigate it. Let's get KSL, the wastewater treatment plant and the solid waste transfer station to aggressively plant odor-eliminating vegetation that reduces and eliminates orders, like gardenia, peace lily and Italian jasmine. Let's also clean up the garbage juice that drips from the daily garbage trucks and runs down our streets and into our yards. We should have a cleaning truck following the garbage truck to eliminate that issue in town as well."

Janet Brier

JANET BRIER

Party: Democratic

Age: 69

Family: Husband, Tim Brier; three children; five grandchildren

Education: Graduate, Dunmore Central Catholic High School; bachelor's degree, Marywood College; Master of Public Health, Mailman School of Public Health at Columbia University; PA Licensed Certified Public Accountant

Experience: Dunmore council member, 2020-present

Campaign website: facebook.com/JanetBrierForDunmoreCouncil

What is the most important issue facing Dunmore and what will you do about it?

"The most important issue facing Dunmore is the health and welfare of future generations of Dunmoreans. To that end, I will bring fiscal responsibility to revenue capture and sensible expenditures and work with state and federal officials, businesses, the chamber and citizens to promote sustainable economic growth. Most importantly, I will work to curtail further environmental exploitation of our beautiful little town."

Should Dunmore heed Pennsylvania Economy League's recommendation to consider becoming home rule to lift some taxing caps, like earned income tax?

"Our borough manager is taking the lead to implement PEL's recommendations with the advice and consent of the mayor and borough council. The borough was not compelled to hire PEL. We felt the need to obtain municipal expertise to assess what had taken place in the past and have a viable plan for the future. We wanted to be proactive instead of reactive. We actually submitted a STMP grant application with the state to secure money to help to pay for the study. The borough was $18 million in debt when I took office and that was the most compelling reason to seek PEL's expertise."

Do you agree with Keystone Sanitary Landfill that it was not the source of most odor complaints that prompted the state to cite the landfill earlier this year?

"No, not for one second."

Michael A. Dempsey

MICHAEL A. DEMPSEY

Party: Democratic

Age: 42

Family: Wife, Caressa; sons, Michael Jr. and Luke

Education: Bachelor’s degree, political science, University of Pittsburgh, 2004; Juris Doctorate, Widener University School of Law, 2010

Experience: Trial attorney, Lenahan and Dempsey PC, 2010 to present; auditor, state auditor general’s office, 2005-2007; Dunmore council, 2014 to present

Campaign website: N/A

What is the most important issue facing Dunmore and what will you do about it?

"The most important issue facing Dunmore is our financial health. We are currently at the maximum tax rate under Borough Code. As such, we need to maximize our grants and state funding, while also looking for other additional revenue streams. We have already taken numerous proactive steps to secure our future financial health such as refinancing our debt to a 1.7% fixed rate, received over $500,000 in grants, contracted PEL to analyze our current and future financial condition and engaged experts on our pension and health plans. We should also explore hiring an experienced financial consultant to guide us through our finances. We want to be able to take some of the burden off the local taxpayers while maintaining all of our public services. In addition to the above, we need to continue to review and scrutinize all of our service contracts to make sure we are getting the lowest possible rates in all areas. Also, we own a very valuable piece of commercial land in Dickson City of which we should begin to explore our options of usage."

Should Dunmore heed Pennsylvania Economy League's recommendation to consider becoming home rule to lift some taxing caps, like earned income tax?

"It never hurts to explore different options that are available to us as a borough and weigh the pros and cons of such an endeavor. However, I believe if we continue what I discussed above and scrutinize every dollar we spend, I am confident that Home Rule will not be necessary."

Do you agree with Keystone Sanitary Landfill that it was not the source of most odor complaints that prompted the state to cite the landfill earlier this year?

"I disagree with KSL that it was not the source of the odor complaints. We have received hundreds of odor complaints over the years and especially this past year. Finally, the DEP issued proper citations and I am hopeful that KSL will rectify this ongoing issue."

Patrick "Nibs" Loughney

PATRICK 'NIBS' LOUGHNEY

Party: Democratic

Age: 63

Family: Wife, Donna; children, Mark, Sean, Patrick and Colleen; grandchildren, Rain, Kai, Quinn, Margot and Esther

Education: Dunmore High School, 1978

Experience: Retired; former borough mayor, 24 years; former councilman, six years

Campaign website: N/A

What is the most important issue facing Dunmore and what will you do about it?

"The most important issue is our financial situation. I have a couple things that I am planning on bringing up when I am elected. One would be the uncollected garbage fees from years past and some other delinquent taxes, business taxes, that were not collected in prior years."

Should Dunmore heed Pennsylvania Economy League's recommendation to consider becoming home rule to lift some taxing caps, like earned income tax?

"No. Flat-out no. PEL is just a recommending body. It's a for-profit organization. It's not a governmental agency. And they just recommend. Council has the final say."

Editor's note: PEL is a nonprofit organization.

Do you agree with Keystone Sanitary Landfill that it was not the source of most odor complaints that prompted the state to cite the landfill earlier this year?

"No, I don't agree with Keystone that it was not (the source of most odor complaints). I agree that it was contributing to the odors."


KSL claims NEPA residents are submitting false odor reports.

No, this is not a belated April Fool’s Day joke. Although, it is laughable.

Keystone Sanitary Landfill (KSL) recently filed their response to the Department of Environmental Protection’s (DEP) Notice of Violations stemming from more than 230 phone calls reporting foul odors in our community.

They claim,

““…the vast majority of the odor complaints were the result of a few individuals, fueled by Friends of Lackawanna’s encouragement…” ”
— Al Magnotta

Moreover, the landfill cites a “personal vendetta” and “blatant fear mongering” by FOL throughout the years saying we agitate members and the community to file complaints that are “baseless” and “falsely reported.”

As if those statements were not inflammatory enough, they continue:

“It is grossly irresponsible for FOL and its members to terrorize the community by asserting, without basis, that regional air quality threatens the health and well being of citizens of Dunmore and surrounding communities. It is particularly irresponsible for FOL to scare Keystone’s friends and neighbors into believing that the landfill is causing nonexistent threats to their well being.” ”
— Dan O'Brien, KSL Business Manager

We, of course, find this all laughable. As our own Pat Clark retorts,

That’s insane. There are enough real odors. We don’t have to worry about fake odors.

It’s almost like the landfill thinks we can put the bat signal up, and people just reply to it and say, ‘Oh, call in the false odors now.’ In reality, it smells like rotting garbage, and people know what it is, and for years and years and years, no one knew where to call.

We’re not terrorizing the community at all. We’re sticking up for citizens of NEPA, which has been going on for 30 years, and giving them means to fight back and report things that negatively impact their day to day life.

The DEP is reviewing KSL’s response and once complete will make the determination whether the mitigation efforts being implemented by KSL are effective at reducing odors.

Curious how they’ll make that determination since KSL claims there are no “real” odors.

Read more from the Scranton Times’ reporting.

An official State Smell??

We believe there is time to stop this from being permanent. But if this landfill's growth (and decay) continues unabated, we fear this editorial in the 2/22/23 Scranton Times may prove generational.

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"There are variations by region. Here in Northeast Pennsylvania, especially Lackawanna County, the official aroma undoubtedly is the stench from the Keystone Landfill in Dunmore and Throop. Millions of tons of decaying out-of-state garbage in the massive and growing landfill generate a distinctly sweet stench that can’t be contained, even though the state Department of Environmental Resources only recently acknowledged its existence. That adds the nauseating smell of regulatory failure to the mix."

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State's official aroma more of a stench

BY THE EDITORIAL BOARD Feb 22, 2023

A pending bill in the New Mexico Legislature would make the Land of Enchantment the first state to declare an official state aroma — green chiles, specifically as they are roasted outdoors in the fall.

No such bill is on the legislative agenda in Pennsylvania, but there would be some obvious candidates for the honor. The Philadelphia Inquirer recently conducted an informal poll of its readers, in which soft pretzels, with 27.9% of the vote, edged out Hershey’s chocolate, 27.7%; Wawa coffee, 21%; and cow manure, 23.4%.

All of those are indeed distinctive. But somehow, they don’t get to the heart or the nose of Pennsylvania life.

There are variations by region. Here in Northeast Pennsylvania, especially Lackawanna County, the official aroma undoubtedly is the stench from the Keystone Landfill in Dunmore and Throop. Millions of tons of decaying out-of-state garbage in the massive and growing landfill generate a distinctly sweet stench that can’t be contained, even though the state Department of Environmental Resources only recently acknowledged its existence. That adds the nauseating smell of regulatory failure to the mix.

For a statewide official aroma, however, public corruption is the hands-down winner. Over the past two decades, the stench has arisen from every corner of the commonwealth.

The haul for state and federal investigators is impressive. It includes two speakers of the state House and other high-ranking legislators, lower-level lawmakers, the Senate minority leader from Lackawanna County, a state Supreme Court justice, two state treasurers, a state attorney general, two Luzerne County judges, county commissioners of Luzerne and Lackawanna counties, the mayors of Scranton, Reading and Allentown; and many lesser lights. Two other Supreme Court justices resigned amid scandal.

In the commonwealth, “leaders” regularly add to the odor. Most recently, former Old Forge Council President Robert Semenza pleaded guilty to accepting bribes regarding a zoning matter and was sentenced to a year and a day in federal prison. The bribery middleman, James J. Peperno, was convicted by a federal jury and sentenced recently to six years in prison.

One day, perhaps, Pennsylvanians other than prosecutors will bask in the sweet smell of success.