September 22, 2014 Call to Order/Pledge to the Flag
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 Amity Township Conditional use Public Hearing – ENVIRONMENTAL ENTERPRISES, INC Public Hearing Minutes September 22, 2014Call to Order/Pledge to the FlagThe Amity Township Conditional Use Public Hearing for Environmental Enterprises, Inc was held on Monday, September 22, 2014, at the Township Municipal Building at 2004 Weavertown Rd, Douglassville, PA 19518. The meeting was called to order at 7:00PM by Chairperson Kim McGrath, followed by the pledge to the flag. The following were in attendance: SUPERVISORSKim McGrath, Chairperson Paul Weller Terry Jones David Hackett STAFFPamela Kisch, Secretary Joan E London, Solicitor, Kozloff/Stoudt The Public Meeting was recorded by the stenographer. Chairperson McGrath turned the meeting over to the Solicitor, Joan E. London, at 7:01PM. Ms. London stated the Public Hearing was being held pursuant to the Pennsylvania Municipalities Planning Code, and as advertised in the Reading Eagle on Tuesday, September 9, 2014 and Monday, September 15, 2014. The applicant, Environmental Enterprises, Inc., requests approval for a use not specifically or adequately identified within Chapter 949 of the Amity Township Zoning Ordinance. Ms. London entered exhibits into the record. She asked that the Amity Township Zoning Ordinance, as adopted on December 9, 1991, be recorded as an additional exhibit. After all testimony is given, the Board of Supervisors may adjourn to an Executive Session to deliberate for a decision under Pennsylvania law. If a decision is not reached this evening, a date certain would be supplied as to when a decision will be made. Final Board decision will be mailed to the applicant. Ms. London asked for parties of interest to step forward. Ms. Catherine Durso introduced herself as the attorney for the applicant. Mr. Edward Mengel, 2 Riga Lane, Douglassville entered his appearance. Mr. Mengel entered Exhibit 1 into the record: a Company Resolution by Teltron Technologies, appointing Mr. Mengel to represent the interests and to act on behalf of Teltron Technologies during the Conditional Use Hearing. Mr. Gene Willman, 4 Riga Lane, entered his appearance. Mrs. London stated adjoining property owners had received notice of the hearing. Mrs. London asked for objections to the notice. Mr. Mengel objected; the owner of Teltron Technologies never received formal notice therefore did not feel he was given adequate time to present a case and cross examine the applicant. Mrs. London questioned why the owner was not present. Mr. Mengel stated the owner was in Atlanta, Georgia. Ms. London stated the mail sent to Teltron Technologies was returned by the post office as undeliverable. When Ms. London asked for an address where notification could be sent, Mr. Mengel was unable to provide an exact address; citing the address to be on Tucker Industrial Drive in Atlanta, Georgia. At 7:11PM, Mrs. London took the hearing off the record. The Board recessed to the meeting room to discuss Mr. Mengel’s objection. The Board and Mrs. London returned at 7:17PM, and went back on the record. Mrs. London explained the fairest wait to handle the Mr. Mengel’s objection to the notice, would be to allow the applicant to go forth making a case during the hearing at this evening, and continue the hearing to a future date. The Board agreed to hold the continuation at 6:30PM on Wednesday, October 15, 2014. Mrs. London asked if this would provide enough time. Mr. Mengel affirmed it would be sufficient. Mrs. London recommended Teltron retain a Pennsylvania attorney and offered to provide the stenographer’s information, for the purpose of obtaining a transcript of the applicant’s testimony. There were no other objections. Ms. Catherine Durso entered one witness, Mr. Brian Hunter, 455 Railroad Plaza, Royersord. Mr. Hunter was sworn in by the stenographer. Ms. Durso asked questions of Mr. Hunter, who provided his testimony for the applicant: Mr. Hunter is the Division Manager for the PA group of Environmental Enterprises, Inc. This group consists of five employees, including Mr. Hunter. The company has operated a 10 day truck-to-truck transfer facility in Royersford, PA. Their building, located at 455 Railroad Plaza, is leased by the applicant. The landlord has notified them that they would want that space back. The applicant decided they would like to purchase a building. A commercial realtor proposed the property at 3 Riga Lane, Douglassville. Ms. Durso entered their Exhibit marked A1. Mr. Hunter confirmed the agreement of sale was contingent on the approval of the Conditional Use by the Board of Supervisors, with a scheduled closing date of September 27, 2014. It would be their intent to request an extension from the owner, due to the continuation of this hearing. The currently vacant building is approximately 12,000 Square Feet, the tract size 3.38 acres, according to the real estate listing. The property currently has two loading docks and office space. They would be looking to add a third loading dock. The proposed use meets all set back requirements. Proposed operations at this location would be similar to the Royersford facility. The company would transport hazardous materials such as waste paints, acids, oxidizers, and lab chemicals from schools, colleges, hospitals, and businesses to the facility in small amounts, to be packaged into larger quantities and moved out by tractor trailer within 10 days, a requirement set by the PA Department of Transportation (PENNDOT), and taken to the corporate headquarters in Cincinnati, Ohio. The packaged materials would be properly labeled, and tractor trailers placarded as required by PENNDOT and EPA regulations. Non-hazardous treated materials from batteries and light bulbs will be taken to an Allentown or Coatesville facility. Office space will be utilized by the Office Manager/Secretary/Customer Service employee, as well as for record retention, as this type of facility requires extensive amounts of paperwork. PA DEP conducts annual inspections. Ms. Durso entered Exhibit A2, a picture of a box truck used to pick up materials. Ms. Durso entered Exhibit A3, which Mr. Hunter said showed a side by side view of the box truck and trailer. Ms. Durso entered Exhibit A4. Mr. Hunter described the exhibit as a picture of the trailer with the company logo and placarded to identify materials inside. The company uses two tractor trailers; one of which would always be located at this facility to be loaded. Ms Durso entered Exhibit A5. The exhibit, stated Mr. Hunter, showed a tractor trailer driver moving packaged, labeled materials from the box truck to the trailer. Mr. Hunter stated hazardous materials would not be disposed of at this facility. Mr. Hunter confirmed his understanding of the area to be Light Industrial Office, with no residential dwellings. Uses permitted by right in this zone include: manufacturing, packaging and processing, warehouse, warehouse and distribution. Allowable uses by Special Exception include: metal processing, mining, solid waste disposal facilities, and truck distribution centers. There would not be sufficient volume of transportation for their use to be categorized as a truck distribution center. Because they do not dispose of waste compost or incinerate waste, the use doesn’t qualify as a landfill. Section 949 of the Amity Township Zoning Ordinance does not have any uses adequately describing this type of use, which, Mr. Hunter affirmed, was their basis for filing the Conditional Use application. Mr. Hunter testified the proposed use would not adversely affect neighboring businesses in this area, and agreed to abide by all State and Federal regulations. The facility in Royersford has not had any violations or complaints lodged against them. Mr. Willman questioned if there would be emergency plans in case of an incident at the location. Mr. Hunter stated there would be, as required. Mr. Willman reported there is only one way in and one way out of this business complex; adding that a residence does exist in this area, with children present. He asked if Mr. Hunter was aware of this. Mr. Hunter stated he was not. Mr. Willman questioned if light bulb components are harmful. Mr. Hunter explained they are, but are shipped in PENNDOT approved containers for light bulbs, which are considered Universal Waste. This concluded questions by the parties of interest. Mrs. McGrath asked if the company owns the tractor trailers. Mr. Hunter confirmed they do, but was unsure of the total number owned. Mrs. McGrath questioned if they would consider the condition that a maximum of two tractor trailers being on site at any time. Mr. Hunter agreed. The company owns 3 box trucks and one Ford Econoline van. Mr. Hunter confirmed his company employs the truck drivers and tractor trailer drivers; adding that all five employees maintain a CDL driver’s license with Hazmat Endorsements. Mrs. McGrath asked if they are subject to EPA inspections. Mr. Hunter stated the facility is not; trucks are inspected at weigh stations. PADEP inspections are done randomly, and reports are kept on site for review. Mrs. McGrath asked the approximate value at any given time for trailers full of materials in the trailers. Mr. Hunter stated there are various values. A trailer full of non-hazardous low-end materials could be from $3K to $5K; whereas a trailer for of hazardous high-end materials could be valued between $30K-$50K. Mr. Hunter explained they have a full Closure Plan and are bonded in case of the company going out of business. Mrs. McGrath asked for the approximate amount of the bonds. Mr. Hunter wasn’t certain. Ms. Durso stated they will get that information for the Board. Mrs. McGrath asked if a complete listing of what materials on kept on site would be available. Mr. Hunter stated a complete manifest would be available. Mrs. McGrath asked if they would be willing to work with fire companies to review their procedures in preparedness of incidents. Mr. Hunter agreed. Ms. London questioned if any chemicals or materials are not accepted at this facility. Mr. Hunter stated radioactive, explosive, and Red Bag waste (Bio-hazards) will not be accepted. Ms. London questioned if the company would be certified for disposal of electronics. Mr. Hunter stated certifications are not needed if there is no more than 10,000 pounds of these materials, which are considered Universal Waste. Mr. Hunter agreed to have secondary containment measures in place before operating the truck-to-truck transfer. Mr. Hunter explained the building does not have air conditioning; the fan in Exhibit A4 is necessary for air movement. Smells are contained because the containers are sealed. Ms. London questioned if the applicant has PA Certification numbers. Mr. Hunter explained the trucks are labeled with that number, not the trailer. Mr. Jones stated the numbers are typically small. Exhibit A2 showed a number on the lower right hand corner of the driver’s door. In response to Exhibit A5, Ms. London questioned if safety gear is required. Mr. Hunter explained many workers use gloves for hand protection, not hazard protection. The container is this picture has been sealed, and therefore the hazard was eliminated. Mrs. McGrath questioned what would be stored in the remaining part of the building. Mr. Hunter explained the space would be used to store non-regulated materials for “buffering” that are necessary to transport certain material. Mr. Steve Loomis, Zoning Officer/Code Enforcement Officer, questioned hazardous materials would be stored in the building. Mr. Hunter replied that they would not keep hazardous materials in the building. Hunter stated it would. Mr. Fred Wadlinger, Aydin Displays – 2 Riga Lane, questioned if all hazardous waste is stored in the trailers, what fire prevention measures are being taken. Mr. Hunter stated there is no fire suppression system in the trailers; it’s basically the same as trucks driving down the highway. There is no requirement to have such a system in place. Mr.Greg Scharff, 303 W 10th St, Conshohocken, stated he works for Aydin Displays and would like to ask questions. Ms. Durso objected; an employee of an adjoining business cannot cross examining the applicant. After conferring with Board members, Ms. London sustained the objection, explaining non-residents/non-taxpayers cannot cross examine the applicant. Mrs. Bonnie Willman questioned the number of employees located in businesses around their Royersford facility. Mr. Hunter stated they share space with two other companies with several employees and are downhill from a residence. Ms. London stated she would defer the cross examination of the applicant, allow Teltron to acquire counsel and others can put on a rebuttal, and consider this hearing recessed until October 15, 2014 at 6:30PM.
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