TOWNSHIP’S AUTHORITY UPHELD BY COURT

This past summer, Gibraltar Rock, Inc. filed a “Motion for Hearing to Clarify the Court’s Order for Preliminary Injunction” in the Montgomery. County Court of Common Pleas.  Said hearing took place in Norristown on September 7, 2010.

Background:  Gibraltar Rock began digging on their property in July, 2009.  The DEP deadline for installing the fence, weirs to protect the wetlands, and other stream monitoring equipment was 30-60 days.  Gibraltar Rock never installed these protections.  The company did receive several extensions from the DEP due to wet conditions throughout fall 2009/winter 2010.  Their last extension expired September 1, 2010.

In the meantime, on May 17, 2010, the Court of Common Pleas ordered an Injunction until such time that Gibraltar Rock would file a Land Development Plan and secure Township approval of that plan.   As of this date, Gibraltar Rock has not filed an application.

Conditions were more favorable during the summer for installation of the equipment, but the Company was prevented from doing so by the Injunction.  On September 7, with Judge Kent Albright presiding, Gibraltar Rock’s attorney, Stephen Harris, requested permission to install a chain-link fence, weirs, and peizometers (wells).  New Hanover Township’s counsel objected because the Company has still not submitted a Land Development Application to the township’s Planning Commission, as ordered by the Court in May.

October 4, 2010  -  Judge Albright’s order was issued as follows (summarized):

“Gibraltar Rock’s motion is DENIED.  The motion was not properly before the Court until such time as Gibraltar Rock complies with the Order of May 17, 2010, a final order.  Gibraltar Rock must file with and then secure New Hanover Township’s approval of a properly-submitted Land Development Application and Plan.”

Ban-the-Quarry is pleased with this decision and the township’s vigilance on behalf of the residents.

In a related matter:  New Hanover Township special counsel, Brant & Associates, has filed an appeal with the Environmental Hearing Board in Harrisburg, to oppose the renewal in May of this year of Gibraltar Rock’s NPDES Permit (water discharge permit, part of the larger Non-Coal Surface Mining Permit).  Objections to the permit renewal center around the fact that a fence does not surround the property, protections for the wetlands and stream have not been installed.

Gibraltar Rock’s last extension expired on Sept 1, 2010.  Attorney Stephen Harris has filed a “Motion to Dismiss” with the Environ. Hearing Board.  We will keep you posted on this situation, as our “promised good neighbor” struggles to fulfill their promise.

Today we received word that on October 4, Judge Kent Albright rendered his decision in Gibraltar Rock's recent Motion to allow them to install a fence and water monitoring equipment even though the injunction is in force.  The Judge denied the motion and thereby upholds the authority of New Hanover Township to require Gibraltar to file a land development plan before commencing any work.  The Judge's order, which I have attached, is strong and clear.