Deal halts Bethlehem Landfill expansion
Sides agree all legal issues must be resolved first
Lower Saucon Township residents scored a victory Tuesday in their fight against the Bethlehem Landfill expansion onto what is now 275 acres of forest above the Lehigh River.
The parties in the case struck an agreement that essentially halts the project until legal challenges work their way through Northampton County Court.
The agreement headed off what was expected to be a lengthy hearing before Judge Abraham P. Kassis. Landfill opponents planned to ask Kassis to issue an emergency injunction to stop the township from enforcing its rezoning of the tract for landfill development. They also wanted the judge to preserve conservation easements that have prohibited landfill operations on much of the property.
The injunction request became moot after attorneys huddled for about two hours and reached the agreement to preserve the property as is until all legal issues are resolved.
That includes a lawsuit filed in August by residents Bruce and Ginger Petrie, Andrew and Tina Krasnansky, Bob and Elizabeth Blasko and Bob and Cindy McKellin.
The suit contends the land falls under the state’s Donated or Dedicated
Property Act. The law says the original use of a donated or dedicated property must continue unless the use “is no longer practicable or possible and has ceased to serve the public interest.”
Opponents are also appealing the procedure by which the township adopted the ordinance that allowed the land to be rezoned, claiming officials unfairly limited public comment and refused to hear expert witnesses.
The opponents contend the expansion would have a damaging effect on the Lehigh River, the Delaware & Lehigh National Heritage Corridor and the 9/11 Memorial Trail, in addition to destroying trees that are essential to environmental balance.
“Mission accomplished,” said attorney Gary Asteak, who represents the residents and described the closed-door discussion leading to the agreement as “animated.”
Attorney Maryanne Starr Garber issued a statement saying Bethlehem Landfill Co. was pleased with the agreement.
“As we have said before, Bethlehem Landfill Co. contributes nearly 25% to the township’s overall budget,” the statement said. “Without the landfill, the township’s residents will experience tax increases and significant cuts to local services.”
The company said it isn’t seeking to increase the amount of material it brings into the site.
“There will be no change in the amount of traffic in the community or the industrial area we operate in,” it said. “We are proud of the role we play in Lower Saucon. We are confident that the proposed expansion will result in long-lasting advantages for Lower Saucon Township and its residents in the years ahead.”
Under the agreement, the company can proceed with obtaining permits from the state Department of Environmental Protection and finalizing land development plans but virtually all site work is on hold.
The company can request to perform live tree cutting or removal but must give 30 days notice so opponents can seek a court order against it. In cases where tree work is deemed necessary for groundwater testing, the company has to give only three days notice.