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When nine families on a back country road in rural Manor Township learned on one day of November 2000, that the Lancaster County Solid Waste Management Authority wanted their homes for future expansion of the county landfill, they were shocked and saddened. But emotions among many of the residents quickly turned to anger when they found out how Manor Township, without their knowledge, had quietly rezoned their properties for the expansion some eight months ago. And, to their dismay, they learned that their neighbors, the Barley family, who owns 284 of the 300 acres sought for the landfill and thus holds the key to the project, had known about the plan for months. What happened? Let us try to look into this controversial and queer situation. On election night, November 7, 2000, Manor Township learned that Representative John Barley and his family, Manor Township Officials, The Lancaster County Solid Waste Management Authority (LCSWMA), and Lancaster County Commissioners had secretly negotiated for almost a year to expand Frey Farm Landfill.
The conspirators struck a deal to buy Barley family farm for $ 15, 7 million, rezoned properties, bordering the landfill, and planned to take nine homes to expand the landfill, all without informing the homeowners or the public (Crable PNPA). Concerned citizens quickly formed PALE (People Against Landfill Expansion), and within two weeks thousands of people signed demonstrating their support for PALE and their disgust at the public officials illegal and dishonest transactions (PALE News). They claimed: When the county refuse authority sought to expand its landfill onto the 153 -acre Frey Dairy Farm in 1986, the Manor Township Zoning Hearing Board agreed, but imposed a condition prohibiting any future landfill expansion in Manor Township. This new 300 -acre landfill expansion is in flagrant violation of that agreement, making it illegal and invalid (Whats wrong PALE). Let us leave for the moment this case, look into backgrounds and examine which prerequisites and conditions have led to this occasion. In early 80 s all the properties surrounding the Cresswell landfill upon which LCSWMA was considering expanding, however, were zoned Rural which did not allow for a landfill (landfill is allowed by special exception only in an "Excavation" zone).
Furthermore, in 1986 when LCSWMA last expanded the Cresswell landfill onto the Frey Dairy farm, the Manor Township Zoning Hearing Board specifically imposed a condition that the Cresswell landfill could never expand again. How could it be that a major landfill expansion onto farmland a situation that was opposed bitterly by township supervisors and residents the last time it happened in 1986 did not muster a sputter of debate this time around? Simple. It appears no one from the public knew about it. The move to pave the way for future expansion of the landfill began last fall as Manor Township neared completion of a township-wide rezoning. The rezoning reflected new initiatives for farmland preservation, village-type developments and other changes in land uses as part of a new comprehensive plan.
The landfill serves all of Lancaster County. It is where ash from the authority's incinerator, construction and demolition waste and other waste not suitable for burning is taken and buried. Robert Barley said he understands why his neighbors are upset about the possibility of losing their homes. "I feel for the neighbors, " he said. "The authority didn't want us to alarm the neighbors until they knew there was something concrete with us. They didn't feel there was any reason to talk to them. That was their decision. " Barley said his extended family also stands to lose properties that have been in the family for several generations, since 1958. "We didn't choose the landfill as a neighbor but they have been a good neighbor, " he said. "When they came to talk to us, we weren't interested at first, but the more they explained how they would allow us to transition our businesses and work with us... " the less offensive it sounded. (Crable PNPA). Among the homes near the landfill that may, years from now, be leveled to make way for trash, is a former one-room schoolhouse and a handful of 100 -year-old homes.
That is consequences, and what events had been taken place before it? Some facts we may acquire from the civil action in the Court of Common Pleas of Lancaster county, Pennsylvania. During 1999, the Lancaster County Solid Waste Management Authority and its executive director, Jim Warner, began a preliminary and general inquiry into LCSWMA's future landfill needs. During the fall of 1999, Warner began focusing on the possibility of expanding the Cresswell landfill in Manor Township onto property owned by the Barley family, the Plaintiffs and others. Warner did not contact any of the other property owners and Warner and the Barley family agreed that all discussions about expanding the landfill and purchasing the Barley family properties would remain secret. In late fall of 1999, Warner contacted Edward C.
Goodhart, one of Manor Township's Board of Supervisors who also was serving as John Barley's campaign manager for the November 7, 2000 election, to share his idea about expanding the Cresswell landfill and purchasing the Barley family property. Warner asked Goodhart for Goodhart's assistance in rezoning properties around the Cresswell landfill from Rural to Excavation which zone permits landfill uses by special exception. Goodhart agreed to personally shepherd Warner's request for rezoning through the Planning Commission and Board of Supervisors. (Pale vs Board). At all times, Warner, Goodhart, John Barley and Rob Barley and others who may have been involved agreed to try to conceal from the public and the Plaintiffs their plans to rezone properties to allow for the future expansion of the landfill and to purchase the Barley family property. They intentionally and willfully took steps to conceal their actions because of the extensive public outcry and opposition that would most assuredly arise and, also, it is believed because of Barley's upcoming election in November of 2000.
Warner, Goodhart, John Barley and Rob Barley agreed that none of the other affected property owners would be notified and no public meetings would occur on the landfill expansion plan until the rezoning was completed, the agreements to buy the Barley family properties were finalized and Barley's election was over. In late 1999 and early 2000, the Board of Supervisors, at the bequest of Goodhart, agreed in private without any public input or comment to include LCSWMA's request to rezone over three-hundred acres of land as part of the other zoning amendments and revisions it was considering; agreeing not to post the land of the Plaintiffs so as not to raise public awareness. (PALE vs Board). On or about February 28, 2000, the Board of Supervisors publicized a general omnibus notice for its March 6, 2000 meeting but intentionally did not disclose that LCSWMA's rezoning request to expand the landfill had been included in these numerous amendments. On or about November 7, 2000, the day of the election, it was reported by the Lancaster New Era that LCSWMA was planning on expanding the landfill, that it had been in negotiations with the Barley family and that Manor Township had willingly rezoned this land to allow for the expansion. (PALE vs Board) On November 17, 2000 LCSWMA adopted a resolution to enter into option agreements to purchase the Barley family properties for over fifteen million dollars.
This day in Lancaster New Era was published entire plans of landfill expansion: State Rep. John Barley would receive 15, 72 million for 345 acres f farmland for future expansion of county landfill About two dozens residents, with homes within the proposed landfill expansion or nearby emotionally to authority board to delay the deal until more details are known. But after fielding and responding to questions for 11 / 2 hours, the board voted 8 - 0 without comments. (Crable 17 Nov. 2000). The supervisors approved the zoning changes the same night of the public hearing, Feb. 28.
Normally, when a property is up for a zoning change, a notice is posted on the property where it can be readily seen by the public. Now that residents have found out about the landfill 's plans, the issue is quickly escalating into another growth-related controversy in rural Lancaster County. Although there are reportedly two couples willing to sell, most of the residents on the street are devastated at the thought of losing longtime homes in what they consider one of the county's special spots. Trial, initiated by PALE in the end of 2000 after a year of hearings is proceed with a full trial scale.
No date has been sent. We are not chagrined at all, said Melvin Hess attorney for PALE. We are happy for a total open airing of all the facts. Cabell Kladky, a PALE spokeswoman, also said a group welcomed a trial. I really think this is the chance the public has wanted. All along we have wanted get the facts out in the open. (Crable 19 Oct. 2001).
More news come later: On September 13 2002, LCSWMA surprised the public when it decided to purchase an 82 acre property from Lancaster Malleable Castings Company. (Glazier) Whats wrong with the landfill expansion? First, the public was purposely excluded from the process. Second, the expansion not needed. Expanding will only allow LCSWMA to import even more out-of-state trash.
In the last two years they dumped around half a million of out of-state trash in Lancaster county. There will be significant additional adverse impacts on our land and water, including Susquehanna river, which borders the landfill. Third, medical community has determined that landfills cause health hazards to the community. Lancaster county deserves to be protected by the same regulations that are the law of the land throughout the rest of commonwealth. Local officials rushed to beat new legislation that increases distance between landfills and their neighbors from 300 ft. to 900 ft.
The new law, which went into effect January 2001, is designed to protect community from the hazards of landfills. Furthermore, its bad for all the Lancaster county. Expanding the Frey Farm landfill will open floodgates to bringing out-of-state trash to county severally, and to state in whole. (PALE). Let us try to inquire into veiled details of trash industry, and look into real causes of proceedings. With its widely open places and proximity to major garbage generating states, Pennsylvania import more trash than any other state in the U. S.
But critics in the industry say Pennsylvania has weaker environmental laws than its neighbors, making the state a dumping ground that wont improve until lawmakers get tough on trash. Garbage is everybody's problem and it moves in interstate commerce in different directions in different times, said Allen Blackley, a spokesman for the National Solid Wastes Management Association (NSWMA). Thats a good environment for building landfills, Blackley said. Landfills require a lot of space, and Pennsylvania got a lot of it. (New Era).
In 1978 U. S. Supreme Court decided trash going over state lines is interstate commerce and and can therefore only be regulated by Congress. Ed Repa, the NSWMA director on environmental programs said Pennsylvania is one of the more stringent states, with trash regulations more rigorous than those mandated by federal law. Pennsylvania's been real fortunate, Repa said. They were out in front of the very beginning and they adopted some very stringent regulations. (New Era).
Bibliography: Stop landfill expansion. PALE. Homepage. 2001 < web > PALE vs Board of Supervisors of Manor Township and Planning Commission of Manor Township. Civil action Complaint. In the Court of Common Pleas of Lancaster County, Pennsylvania. 2001 < web > What's Wrong With the Landfill Expansion? Plenty!
PALE. Homepage. 2001 < web > Neighbors form group to oppose landfill expansion on Barley Farm. PALE news archive. November 22, 2000. PALE Homepage < web > Crable, Ad. Helpless, hopeless and trapped: Residents near landfill angered by 'secret' rezoning of 300 acres.
Pennsylvania Newspaper Association Foundation, 2001. PNPA homepage < web > Crable, Ad. $ 15 million landfill deal with Barley's irks manor residents. Lancaster Pa. New Era, November 17, 2000. Why Pa. Is a trash dumping ground: Economics or weak landfill laws?
AP. Lancaster Pa. New Era, November 10, 1998. Crable, Ad. Landfill land deal heads into full trial. Lancaster Pa.
New Era, October 19 2001. Glazier, Mary. Another quiet land decision by LCSWMA. Letter to the editor. Lancaster Pa.
New Era, September 18, 2002.
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