EAST ROCKHILL — Opponents and supporters of the plans for a quarry in the center of legal disputes between the township and the quarry operators both came out to a Sept. 20 Pennsylvania Department of Environmental Protection hearing trying to crush the arguments made by the other side.
The Rockhill Road quarry, which is owned by Hanson Aggregates, is being leased by Richard E. Pierson Materials Corp., which plans to use stone from it for the company’s contract to widen a portion of the Northeast Extension of the Pennsylvania Turnpike. There has been a quarry at the site for more than 100 years, but it has not been active since the early 1980s, according to information given at previous meetings.
While she understands that many of those at the Sept. 20 hearing at Pennridge High School came because of concerns about the overall plans, this hearing was solely for the air quality permit for a crusher at the quarry, Virginia Cain, DEP southeast PA community relations coordinator and the moderator for the meeting, said.
There will be additional opportunities, however, for residents to air their concerns, she said.
“They’re not applicable tonight, but they are applicable to the bigger picture,” Cain said.
The quarry currently has portable crushers, for which it has permits; the permit now being requested is for a crusher that would be bolted to a concrete pad, Jim Rebarchak, DEP air quality program manager, said.
“It’s going to be stationary. It’s not going to be moved around,” he said.
The permit now being considered would be to construct the crusher only; another one would be needed to operate the crusher, he said.
The hearing was focused on emissions from the crusher, he said.
State Rep. Craig Staats, R-145, said he’s been contacted by some residents asking him to intervene and shut down the quarry.
“I just want to make it very clear tonight that I have no authority to do that nor should I have authority to do that. There is a process in place. Tonight’s meeting and tonight’s hearing are part of that process,” Staats said.
He has also been contacted by several residents who are frustrated that they have questions that aren’t being answered, he said.
“They feel left out of the process, so I’m here to respectfully request that we implement a process or processes to allow residents of this community to have a seat at the table and their voices heard,” Staats said. “I think it’s a reasonable request. I think tonight is a healthy exercise. I think we need to continue to do this moving forward.”
One of the legal disputes is currently before the East Rockhill Township Zoning Hearing Board.
“In light of the zoning dispute between the township and Pierson, the township has requested that the department suspend its review of air permit applications until the conflict is resolved,” Carol McCabe, of the Manko, Gold, Katcher & Fox law firm, which East Rockhill hired to assist with the legal case, said.
If the DEP moves ahead with approvals, however, the township is asking that the approvals contain conditions to minimize the impact, she said.
“The township has heard from many residents who are concerned with dust, noise, air emissions and other potential impacts of the operations, and we ask the department to address those concerns in a manner that’s well defined and enforceable,” McCabe said.
“The impacts are far-reaching,” said Mark Freed, an attorney with the Curtin & Heefner law firm, representing Rockhill Environmental Preservation Alliance.
“It’s imperative that the department consider those impacts,” he said.
Under the plan, the crusher will be able to handle 1,000 tons of stone per hour.
“There’s no need for 1,000 tons. It’s an excessive amount of crushing for what has been proposed for the facility,” Freed said.
“This operation has and will be nothing but harm for a quiet residential neighborhood. This operation is being forced down our throats from every angle,” resident Ryan Gottshall said.
“There are two quarries that produce asphalt that are much closer to the turnpike job,” he said. “He [Pierson] does not need to ruin a community by installing a thousand ton per hour crushing plant in a place that has not mined stone since 1981.”
The quarry says it has done at least the minimum amount of quarrying at the site since then to maintain required permits.
“I don’t want the courts to make the decision for this township. That’s why we’re asking you for this, and that’s why we came up with this idea,” Volovnik said. “The court said yesterday they believe this can be worked out.”
The federal case is one of two ongoing legal battles over the quarry — the other is before the East Rockhill Township Zoning Hearing Board — involving Pierson’s plans to resume operations at the quarry, which, officials say, has been there for more than 100 years but has had little activity since the early 1980s. Quarry owners Hanson Aggregates say the minimum amount of quarrying has taken place each year since then to maintain quarrying permits, which has been done. The zoning hearing board case comes after the township denied the quarry’s zoning permit this year and the quarry appealed the denial. The township says zoning permits it issued in recent years were for an inactive quarry and, in order to resume quarrying, a special exception hearing and approval from the zoning hearing board are first required.
Residents have raised concerns including blasting, air and water pollution, noise, truck traffic and effects on nearby residential wells from the quarry. There have also been concerns that the quarry contains asbestos.
In answer to resident questions of whether the proposed discussions between the quarry and residents truly give the residents a seat at the table, Armstrong said no because any settlement will be between the parties in the lawsuit, which is the township, Pierson and Hanson.
The talks would, however, allow the residents to have more say in the matter, the township said.
“We’re trying to make sure that you’re involved,” Volovnik said.
“To me, I disagree with those who want to meet with him. There is no acceptable room for Pierson in this community. That site should not be used as a quarry,” resident Jim Pascale said.
“Let’s be very clear. That property is zoned extraction, and it’s permitted by special exception. There is nothing anyone at this table can do about that at all. It’s a permitted use,” Armstrong said.
“That doesn’t mean it can’t be challenged,” Pascale said.
Resident Ryan Gottshall said he encourages the township to “keep fighting for the residents of this township,” but said he would also be interested in taking part in the proposed resident talks with the quarry.
“It is a way to open up communications,” Gottshall said.
The zoning board and federal cases are separate ones, the township said. The question of whether an asphalt plant is allowed at the site is also separate from whether quarrying is allowed, the township said. The quarry says the proposed asphalt plant should be allowed as an accessory use. The township says asphalt plants are allowed in the industrial zoning area, not at the quarry site.
Volovnik said he understands the residents’ concerns and that the surrounding neighborhood has changed since quarrying was done there before.
“It’s zoned for a quarry. Why can’t we make it the best we can get?” he said.
Concerns raised by the residents have included quarry-related truck traffic on roads where the residents say it’s routine for large trucks to drift into the oncoming lane.
“Four times, I’ve gone off the road with my children in the car,” one resident told the board.
Following his monthly report, Pennridge Regional police Chief Rodney Blake introduced Officer Steve DiGiovanni, who heads up the Upper Bucks County Motor Carrier Safety Team.
The residents were encouraged to report any problems with trucks on the roads.
“If you can get their license plate number, then they can nail down who the driver is,” Volovnik said.
It may not always be possible to get the license plate number, though, he said.
Blake said although the police will look into incidents that are not immediately reported, it’s better to get the call when the incident is happening.
“Then we can go right there and investigate,” he said.
“Please call us when the violation’s occurring. It’s very difficult to track down somebody two hours, three hours later,” DiGiovanni said. “Our best thing is your eyes and ears that [way] we can get on it right away.”
In another truck-related matter, the board later in the meeting authorized having engineer Steve Baluh prepare a study and submit it to the Pennsylvania Department of Transportation to ban the use of engine retarders, also known as jake brakes, on North Rockhill Road between the entrance to the quarry and Old Bethlehem Pike.
“The specific road and section of road has to be approved by PennDOT after the township would do a small study to verify that it meets certain criteria,” Baluh said. “I looked at the criteria. It appears to meet the requirements.”
Along with telling Baluh to submit the North Rockhill Road application, the board directed him to follow that up by taking a look at other township roads on which the use of jake brakes should also be restricted.