Note: The following is not a verbatim transcript of the Zoning Hearing Board meeting; it is simply one person’s summary of the major points made by those involved in the hearing process.  For that reason, quotation marks are not used unless a direct quote was recorded.  For information about obtaining an official ZHB transcript, contact the New Hanover Township office.

The hearing was called to order and Mr. Uday M. Patankar (an independent consulting engineer from Phoenixville) began by talking about the regulations relating to the operation of a quarry within a high industrial area. He talked about Exhibit A23, which is a comparison table that he prepared showing how the township requirements related to state requirements.  He said his objective was to determine if New Hanover Township was in compliance with state regulations.  Mr. Stephen Harris, attorney for the applicant, asked him to explain how he completed the chart in trying to establish that it was filled out correctly. Patankar explained (in detail) how he created this chart. He referred to the "yellow book" that he had mentioned in earlier testimony as being his source of information.

Harris asked Patankar, Do the DEP regulations regulate each of the requirements listed in the townships zoning ordinances?  Mr. Bob Brant, New Hanover Township’s attorney objected to asking the witness his opinion in regard to the legality of this.  Mr. Skypala, solicitor to the ZHB, allowed him to be considered an expert.

Next, Mr. F. Recchuiti, an attorney representing a local citizen cross-examined Patankar.  Do you have to make reference to the township regulations on the permitting process? Patankar answered, no.  Recchuiti then asked if it was highly unusual to ask exceptions of DEP.  Patankar said he couldn’t think of any times he had seen this. 

Recchuiti asked him to read from Exhibit A11.  On June 21, 2001 a waiver was asked for and granted.  Patankar said they didn’t ask for a waiver, but that DEP gave it to him without asking.  Recchuiti asked if DEP is in the habit of granting waivers when no one asks for them. Patankar said that Recchuiti would have to ask DEP himself. Recchuiti said, no you’re the expert on permitting you need to answer.  Patankar assumed that DEP granted the exception for some administrative reason.  Recchuiti asked if Patankar had asked the DEP why this was done. Patankar said he did not.  Recchuiti asked, Would you agree that the credibility of DEP is important?  Patankar said yes. Then Recchuiti asked why Patankar did not ask DEP why it was granted.  Patankar just said he didn’t ask. 

Recchuiti next asked if Patankar was familiar with subsidence issues. Patankar said that there is nothing in the Non-Coal act about subsidence.  Recchuiti asked if he was familiar with the EPA quarry standards.  P said that EPA does not regulate quarries--therefore EPA does not have regulatory. Recchuiti - Are you familiar with EPA standards? Patankar - Yes. Recchuiti - Are they higher, lower, or the same?  Patankar said that the EPA standards are somewhat more restrictive.  Recchuiti then asked, Under EPA are there any standards for truck dumping on site? It is exempt from EPA standards---so neither EPA nor DEP have any standards for truck dumping? Patankar said yes they do.  Recchuiti asked where. Patankar when on to explain that it’s a mix of places.  Recchuiti asked how you put all of this information in a quarry application. Patankar said you put together a table in the permit application.  Recchuiti asked if they had put together a plan.  Patankar said only a conceptual design.  Recchuiti said that last week he said they had information about ambient air quality.  You haven’t determined how big the berm is since you haven’t determined how big the quarry is. 

Recchuiti – There will be no need for any DEP exemptions or waivers? Patankar – The kinds of activities are carried on day-in and day-out at other quarries and are comfortable meeting standards. Recchuiti So, Silvi will not accept a waiver if it is offered. Patankar – I’m not authorized to answer that.  Recchuiti - Not AUTHORIZED?

Recchuiti  - There is no actual permit to show the board, is that true? Patankar – Yes.  Recchuiti  - So do you agree that you have given us nothing site-specific about this quarry?  Recchuiti  - Is it your testimony that you are not a site-specific witness--only an expert that can tell us about the permitting process---only what we could read in the regulations. Other than the name Gibraltar Rock what else can you give us that is site specific about this quarry. Patankar - my testimony stands by itself.

Recchuiti  - You told us last time about the standards for a hot asphalt plant, but you did not tell us what kind of specific plant that Gibraltar Rock planned on building. Patankar - you are correct.

Recchuiti  - Is the wetting of the highways that you mentioned last week covered in the permitting process? Patankar – Not unless it’s in PennDOT. 

Recchuiti  – Are there provisions in the permitting process that cover unusual situations Patankar – I’m not aware of any.

Recchuiti  - Are there provisions in case things happen in the surrounding areas? Patankar – Yes, you can shutdown the plant.  Recchuiti – Is there a place in the permitting process that cover remediation? Patankar – There are specific remedies in the regulations.

Recchuiti – So, let me get this straight, you took the township zoning code and a short description and matched it up with the state regulations.  You would have us believe that they correspond---that gives you a lot of wiggle room. Harris - Objection.

Andy Levine, attorney for Archdiocese of Philadelphia, next questioned Patankar. Will you have the environmental applications completed before the board is done hearing? P - I don’t know I have to confer with my client.

Levine- Don’t you think you should have them complete before the end of hearing? Patankar - Yes I would think so.

Levine next began asking about a Title V facility permit and the role of EPA and DEP. 

Levine- Are there any emissions of volatile organic compounds in an asphalt plant. Patankar – said that there are, but not of the type to cause a Title V.   Levine - Any NOX emissions. Patankar - Yes.  Levine asked if the NOX emissions result in the use of a LAER (Lowest Achievable Emission Rate).

Levine - By shutting down the waste burning will you use some of the Environmental Credits?  Patankar - Yes.

Levine - Do you calculate the particulate matter coming from the trucks? Patankar – Yes, but I’m not prepared at the moment to say that we will calculate mobile sources.

Levine - Do these particulate matter materials affect quality of Life? Patankar - Yes

Levine - Is it your understanding that this area is within the Environmental Justice Area?    Patankar - It isn’t my understanding that this area is within an environmental justice area, but that Pottstown is.

Levine - You reviewed the NH zoning ordinances. Did you make any determination if the zoning ordinance is consistent with the township’s or counties plans? Do you have any reason to expect that the township’s ordinance is inconsistent with county.  Patankar - No.

Bob Brant questioned Patankar next –

Brant - In regards to risks to residential wells within the proximity of the quarry, who must prove fault?  Is it regulated?  If a resident is experiencing inadequate water is it the resident’s burden? Patankar - No the resident must make it known to the quarry owner and the DEP.

Brant- The resident is out of water at midnight on a Saturday night who does he call? Patankar - The DEP.

Brant- Is it regulated who is responsible for paying for the replacement of wells.  Patankar - The quarry operator has the flexibility to take care of these issues.  Brant- So there is no DEP regulations for this?  Patankar - Yes there are.  Brant - Would Gibraltar agree to restore residential water supply at all costs?  Patankar - I would suggest that Gibraltar do so.

Brant - Is this common to have the company bear the cost? Patankar - yes

Brant- Does the code identify adequate supply of water? Patankar - No.

Brant - Is there any regulations on gallons/minute? Are there objective criteria?

Patankar -Yes

Brant - Does lack of quality of water cause the same recommendation? Patankar - Yes.

Brant - Have you or Silvi talked with Superior Water Company?

Harris, we have another witness to talk about that.

Brant - Setback requirements - are they ever increased? Patankar - Yes

Brant - The proposed quarry will have more operations--will it be permanent or portable? Patankar - Don’t know yet.  Brant - Does the yellow book regulate the hours of operation or the noise of a portable crusher. Patankar - No, only under the nuisance section.

At this point the court stenographer ran out of paper, and luckily she had no more with her.  We were all thankful that it was over for the evening.

See also:
Summary of the previous meeting (8/29/01)