On April 15 of this year, the PA Dept. of Environmental Protection extended Gibraltar Rock’s NPDES Permit (water discharge permit) for another 5 years, even though Gibraltar Rock is in violation of the permit  - due to the fact that since they began digging on the site in early August of 2009 the company has not installed weirs (to protect the wetlands) or piezometers (stream monitoring equipment) as the required first step according to the permit.  In addition, Gibraltar Rock has been charged with two stream violations resulting in fines from the DEP.

In May of this year, New Hanover Township filed “an appeal of the permit renewal” claiming Gibraltar Rock was noncompliant with certain special conditions set forth in the Permit and, therefore, the DEP should not have renewed their permit.  This “appeal” was filed with the Penna. Environmental Hearing Board in Harrisburg.

Earlier this past summer, Attorney Stephen Harris, representing Gibraltar Rock, Inc, filed a “motion to dismiss the township’s appeal”, even though to this date the water monitoring equipment has not been installed and the company’s extensions (from the DEP) to do so have expired.  Gibraltar Rock has been prevented from installing the equipment due to the current Injunction issued in May, ordering cessation of all/any work on the site.

In September 2010, Gibraltar Rock appealed to the Montgomery Co. Court for the Injunction to be lifted to enable them to install the monitoring equipment, but the Judge denied their request.  In May of this year, this Judge had ordered Gibraltar Rock to file a Land Development Application & Plan with the Township, but since they had not done so by the September hearing, the Judge ruled the Injunction would remain in force.

Latest development:  On October 15, 2010, Judge Richard Mather, of the PA Environmental Hearing Board, denied Gibraltar Rock's "motion to dismiss the New Hanover Township appeal" of the 5-year permit renewal.  In the Judge's "opinion and order", he disagreed with all of Attorney Stephen Harris's claims as follows:

1)  The newly enacted Act No. 46 - regarding permit renewals - Gibraltar Rock claimed

applies also to mining activities. 

     Judge ruled:  NO, THE ACT APPLIES ONLY TO BUILDING INDUSTRIES. 

2)   Gibraltar Rock says their noncompliance with permit conditions requiring the installation of weirs and piezometers is misplaced because Gibraltar Rock requested/received an extension from the DEP.

     The Judge ruled:  THE COMPANY'S RECORD ON NON-COMPLIANCE NEEDS TO BE FLESHED OUT FURTHER.

3)  Gibraltar Rock claims the Environmental Hearing Board lacks jurisdiction to consider local zoning ordinances, and that the DEP is not permitted to consider local ordinances in determining whether or not to extend Gibraltar's permit. 

     The Judge ruled:  IN 2000, STATE LAW WAS CHANGED AND THERE ARE CERTAIN INSTANCES NOW WHERE THE D.E.P. IS REQUIRED TO TAKE LOCAL ZONING

INTO CONSIDERATION IN A PERMITTING CONTEXT . . . THEREFORE, WE REFUSE TO DISMISS THE APPEAL ON THESE GROUNDS AT THIS PRELIMINARY

STAGE OF THE APPEAL.

The Environmental Hearing Board states in this opinion that based on their limited record, they are unable to conclude as a matter of law whether or not the DEP erred in issuing a renewal of the permit, therefore, further investigation is necessary.  The Board also intends to examine whether the state DEP considered Gibraltar’s inability to obtain certain local zoning approvals when they issued the permit renewal.

The Paradise Watchdogs / Ban the Quarry are pleased with the effort put forth by New Hanover Township special counsel, Robert Brant (and associates), in requiring Gibraltar Rock to adhere to the terms and conditions of the permit, as required by the Dept of Environmental Protection.