CLEARFIELD – The Clearfield County Commissioners expressed encouragement Tuesday regarding a recent deficiency letter sent by DEP to PA Waste LLC regarding that companies proposed landfill in Boggs Township.
The letter to PA Waste was dated Feb. 25. The letter was in response to a technical deficiency response submitted by PA Waste on Oct. 15, 2007 and Jan. 15.
PA Waste is asking DEP for a permit longer than 10 years. PA Waste has also approached the Clearfield County Commissioners on a number of occasions about being included in the county’s solid waste disposal plan.
DEP addressed that issue specifically in its response to PA Waste. In the letter DEP states:
“Your letter implies that Clearfield County is under a legal obligation to include the PA Waste facility in its plan, and you reference a Department communication regarding inclusion of proposed facilities in county plans. However, while a county may lawfully include a proposed facility as a designated disposal site in its Act 101 county plan, a county has no obligation under Act 101 to include a particular proposed facility as a designated site in its county plan.”
DEP also gives PA Waste what appears to be an ultimatum in responding to the deficiency letters:
“In accordance with DEP’s Money Back Guarantee Program, the clock tracking the elapsed time for completing the review of your application has stopped as of the date of this letter while you prepare a response to this letter. The clock will restart when you respond. If you fail to respond, or respond inadequately to this request within the 60 days provided, DEP intends to deny your permit application.”
“I’m encouraged by this letter,” said Clearfield County Commissioner Mark McCracken.
“It gives us more direction,” said Kim Kesner, county solicitor.
Commissioner Joan Robinson-McMillen said that she felt it helped that Kesner had submitted a letter to DEP regarding the status of PA Waste’s application.
PA Waste has until April 25 to file a response.