MAX Environmental's plan to expand Yukon landfill in jeopardy
The state has notified the operator of a Yukon hazardous and industrial treatment and storage facility that it may reject the company's plans to expand its landfill because of deficiencies in a revised application.
The Department of Environmental Protection informed MAX Environmental Technologies of Upper St. Clair in an Oct. 20 letter that it has problems with the following items in the application:
• The estimated lifespan of the landfill
• Plans for covering the treated waste
• The landfill's liner system
• How leachate will be managed
• Plans for closing the landfill and monitoring the site afterward.
MAX Environmental will address the deficiencies cited by providing more detail and explanation, said Carl Spadaro, the company's environmental general manager. Spadaro said the letter from the state contained “standard language” that he didn't take as a threat that the application was in immediate danger of being denied.
“It should not be construed to indicate any intention to deny on the part of the DEP,” said Spadaro, a former DEP engineer.
The expansion proposal passed the first phase of an environmental review in the summer. A final decision on whether to approve the permit may be made in 2016, but there is no deadline, Michael Forbeck, the environmental program manager for the Bureau of Waste Management, said at an August public hearing.
DEP spokesman John Poister said failure to address issues outlined in the letter could lead to denial of the expansion application.
“We would not have put it in there if we did not mean it. It is not boilerplate,” Poister said.
The company applied in August 2012 for approval to raise the height of its landfill by 40 feet. The cone-shaped rise in elevation would give the landfill an additional six years of operations. Without the increase, Spadaro has said that the landfill could be filled to capacity within three years.
MAX Environmental, which treats waste from sources such as steel mills, natural gas drilling operations and construction sites, was given 30 days to increase its bond to a sufficient level.
The state wants a higher bond to cover the cost of operations if the landfill is closed. That work includes hiring a third party to operate and maintain the treatment plant. Spadaro said MAX Environmental is evaluating the cost estimates of its operations to see whether an increase is necessary.
The state's letter pointed out that the company needs to find a community organization willing to accept a payment to offset an odor nuisance at the landfill. The Yukon Volunteer Fire Department in September rejected an offer of about $100,000 that would have satisfied the DEP requirement.
The agency found that MAX Environmental has failed to prevent the odors from blowing outside the plant's borders. MAX agreed to pay a $70,000 fine for that violation in August. To prevent odors from wafting into the neighborhood, Spadaro said the company is covering the top of the landfill where the treated waste is dumped.
The company earlier was ordered to pay $10,000 to South Huntingdon because of the odors. Solicitor Christopher Huffman said last week that the fine has been paid to the Westmoreland County Clerk of Courts. However, South Huntingdon Supervisor Eddie Troup said Wednesday the township has not yet received payment.
South Huntingdon filed another complaint on Aug. 31 alleging that odors from the 159-acre facility were blowing onto properties along Spring Street. The odors continued for 21 days, from June 6 to July 4, the complaint said. Under the township's ordinance, the company can be fined $100 for every day a violation occurs.
East Huntingdon District Judge Charles D. Moore has scheduled a preliminary hearing Dec. 15 on the latest complaint.
Joe Napsha is a staff writer for Trib Total Media. He can be reached at 724-836-5252 or jnapsha@tribweb.com.
