SAINT CLAIR - The borough council announced Tuesday that it won an appeal regarding the Blythe Recycling and Demolition Site landfill after it had previously requested records such as financial statements and analyses from Blythe Township.
Solicitor Edward Brennan said that the "favorable decision" recently came from the state Office of Open Records in Harrisburg.
"The borough asked for certain records from Blythe, they denied access, we appealed it and they ruled in our favor," Brennan said.
Blythe Township and developer FKV LLC are seeking to develop the landfill, which will only accept construction and demolition waste and have a 1,500-ton daily volume limit, on 252 acres along Burma Road in the township.
According to the final determination, the appeal was granted in part and denied in part and the township is required to take further action.
The appeal states that financial statements generated by FKV and the proposed facility and financial analyses prepared by FKV for the facility were sufficiently specific; the township has not shown that fee engagement letters do not exist; the township may withhold financial statements of FKV not related to the operation of the facility; and the township has not shown that it provided all records of the request.
The township is required to provide the approved records within 30 days, according to the appeal.
During the engineer's report, borough engineer Brian Baldwin of Alfred Benesch & Co., Pottsville, said that his office is continuing to work with the borough council's special environmental consultant team to appeal the state Department of Environmental Protection issuing a permit July 13, 2012, to allow Blythe Township to construct and operate the municipal waste facility.
Blythe originally submitted its application in 2004. The application has since gone through a series of reviews, including an environmental assessment, also called a "harms-benefits analysis," and a technical review.
One of the last major advancements in the battle before the July decision was in August 2011, when DEP approved the Phase I permit application, due directly to a decision by Michael Krancer, former DEP secretary, according to newspaper archives.
Baldwin also said that a hearing before the Pennsylvania Environmental Hearing Board is scheduled for Sept. 4.
In other business, Terrance Ryan, president of R&R Property Managers Inc., Gilberton, representing Coal Creek Commerce Center, provided the borough council with a concept for the repairs to the railroad bridge, part of the Aspen Dental land development project.
Ryan said that the "actual plans" are currently being drawn up.
The first phase of the project includes the development of the land for Aspen Dental at Coal Creek Commerce Center, 400 Terry Rich Blvd., with access to and from the property at Sherman Street in the borough, while the second phase will be the reconstruction of the old railroad bridge that connects the property with Terry Rich Boulevard.
Aspen Dental, which has more than 340 practices in 22 states and offers patients a full range of dental and denture services, plans to come into Schuylkill County by the end of the year with a dental practice at Coal Creek Commerce Center and the proposed area to be developed is to the right of Terry Rich Boulevard when coming from Route 61.
Ryan also provided a scope of the work to the bridge, which will include excavation, structure backfilling, demolition, class "AA" concrete, reinforcing steel and epoxy coating, protective coating, reinforced concrete repair, masonry repointing, waterproofing membrane, Superpave Hot Mix Asphalt and a structure mounted guide rail.
Baldwin also said that on Monday, his office received an electronic resubmission of Phase I from Lehigh Engineering LLC, Pottsville.
His office is going to work through any issues to get complete approval and then do the same with Phase I once Phase II is submitted as well.