LOWER SAUCON TWP., Pa. — The Battle of Bethlehem Landfill continues, as Hellertown Council and area residents took action to try to stop a proposed expansion.
Hellertown on Tuesday unanimously approved possible legal action if Lower Saucon Township later votes in favor of its newest rezoning measure, approved July 11, that would allow the expansion.
And Monday, eight area residents banded together to file a civil suit against the dump and Lower Saucon.
- Eight Lower Saucon area residents on Monday filed a civil lawsuit against Bethlehem Landfill and Lower Saucon Township
- The suit references the Donated or Dedicated Property Act, and how the rezoning would affect over 200 acres of land under easement
- Lower Saucon's newest rezoning ordinance will see a public hearing at 9 a.m. Aug. 30
Residents Bruce and Ginger Petrie, Andrew and Tina-Louise Krasnansky, Robert and Elizabeth Blasko and Robert and Cynthia McKellin argue that areas targeted for expansion are protected.
That Lower Saucon ordinance would involve changing 275 acres near the landfill from Rural Agricultural to Light Industrial and permitting landfill and waste disposal uses as a matter of right instead of the typical special exception required by township code.
A public hearing regarding that ordinance is set for 9 a.m. Aug. 30 at the Se-Wy-Co Fire Co., 3621 Old Philadelphia Pike.
Hellertown Council members argued that the move would undermine the borough’s comprehensive plan and go against recommendations from the Lehigh Valley Planning Commission.
Landfill solicitor Maryanne Starr Garber commented by email, stating that she's confident her client would come out on top.
"We are proud of the role we play in Lower Saucon," Garber wrote. "We are confident that the proposed expansion will result in long-lasting advantages for Lower Saucon Township and its residents for many years ahead."
She added that a potential expansion of the landfill would mandate 157 acres of land to be permanently preserved.
Garber wrote that the landfill contributes a quarter of the township's tax revenue while also supporting local charities. And without the landfill operating, township taxes would "significantly increase" and would cut services, according to Garber.
B. Lincoln Treadwell Jr., Lower Saucon Township solicitor, hasn't reached back out for comment following a call placed early Wednesday afternoon.
The Donated or Dedicated Property Act
According to the suit, a majority of the 275 acres associated with the rezoning measure includes 208 acres protected by scenic and conservation easements, as well as 8 acres protected by a 100-foot woodlands protection easement.
“And I am highly confident that our coalition will protect the forest for all of our communities.”Victoria Opthof-Cordaro, spokesperson for Citizens for Responsible Development-Lower Saucon Township
Considering the easements in place, the suit references the Donated or Dedicated Property Act, saying the potential landfill expansion would affect land that has been placed in the public trust.
Victoria Opthof-Cordaro, spokeswoman for Citizens for Responsible Development-Lower Saucon Township, shared more at Tuesday's Hellertown Borough Council meeting regarding the litigation.
“The township has the option to move forward on Aug. 30 or not,” Opthof-Cordaro said. “If they do, in fact, move forward on Aug. 30, they will be violating the Donated and Dedicated Property Act and the lawsuit will pursue.
“And I am highly confident that our coalition will protect the forest for all of our communities.”
A news release from her group published Tuesday said the possible action from Lower Saucon would go affect more than just the landfill.
“While the landfill and the majority of Lower Saucon Township Council continue their efforts to desecrate and destroy the community, the Lehigh River, the D&L National Heritage Corridor, the 9/11 Memorial Trail, the 275 acres of pristine high-quality forest bringing fresh air to all, Citizens for Responsible Development-LST will continue fighting alongside residents and the community to preserve the quality of life we all enjoy,” the release read.