Air Control and Zoning Reignite Crematory Concerns

Air pollution and zoning were the buzzwords at Monday evening’s regular meeting of Peters Township Council, where township manager Michael Silvestri delivered a special report on the drafting of ordinances to control noxious emissions and/or zoned uses within the township.

As part of his report, Silvestri presented to council a draft of an air pollution control ordinance, as allowed for under the Penna. Air Pollution Control Act, that he said mimics one in force in West Reading Borough.

According to Silvestri, the draft addresses mercury and dioxin toxins emitted from pathological waste, biological waste, medical incinerators and crematories.

Township solicitor W.A. Johnson repeatedly noted that, although crematories are mentioned in the ordinance, the ordinance is not exclusively about crematories.

“This is not a (proposed) crematory ordinance,” said Johnson. “It is an ordinance designed to regulate noxious emissions.”

Both Silvestri and Johnson told council that the draft was a rough draft and was presented only to give council members an idea of the types of things that would be included in the formal draft and proposed ordinance.

Johnson referred to it as “conceptual” at this point and noted that several revisions would have to be made before an official draft was proposed to council.

Some of those revisions, he explained, are small technical changes, while others are more significant, such as ensuring the uniformity of penalties for emission violations.

Another needed revision, pointed out by Silvestri, is to establish mercury level standards, something on which there is neither much legislation nor much guidance from other Penna. municipalities or counties.

For these, and other reasons, Silvestri recommended that Council should employ and environmental engineer to look at the draft and advise in the revision process.

Council unanimously supported Silvestri’s recommendation to hire a consultant, with the exception of councilwoman Monica Merrell, who was absent from Monday’s meeting.

Summarizing much of the discussion on this point, councilman David Ball said that a consultant was needed to look at the draft’s achievability, enforceability, reasonability and ability to be monitored.

These comments pertained to the draft of the air pollution control ordinance before council, which, Silvestri explained, was only one of the possible ways to regulate emitting industries in the township.

Silvestri told council that their options for emission regulation included an air pollution control ordinance, a zoning ordinance, and a combination of an air pollution control and zoning ordinance.

As per regulation via a zoning ordinance, Silvestri said that the biggest issue would be to establish a 900-foot setback for emitting industries/businesses in industrial-zoned areas. This, too, is something about which the environmental engineer will be consulted, he said.

Councilman Frank Acuri said that, of the options Silvestri presented, he would be inclined to do both an air pollution control ordinance and a zoning ordinance.

Acuri said that further research should be conducted to broaden the base of what the ordinance(s) would address, to include any industry/business that emits the key toxins.

Ball was also interested in what emitting sources, other than a crematory, emit mercury and dioxins, and he was concerned about the possibility of undesired consequences if only certain industries were included in the ordinance.

Ball said that, should other industries emit the same level of toxins as those named in the ordinance, only naming certain industries in the ordinance presents the problem of having an affected business challenge the township as targeting its industry.

And that’s just what counsel for Audia Group Investments, LLC and Cremation Funeral Care by Danielle Andy Belusko did when council opened the floor for comments, despite chairman Robert Atkison’s request that the audience not comment on , as the meeting was not a public hearing on that subject.

Counsel for Audia and Belusko told council that she believes this ordinance was only aimed at the crematory and was a “knee-jerk” reaction to attempt to keep the crematory out of the township.

She said that the ordinance was complicated by the fact that . Referring to zoning ordinances specifically, she said it was “illegal spot-zoning” that her clients will challenge if necessary. Air monitoring would be challenged as well, she said.

“By considering this, you are continuing to ignore the credible scientific evidence and … substituting your own judgment for the governmental agencies’ that are tasked with oversight and regulation of this industry,” she said.

Counsel also asked council to consider the effects on other business owners and the deterrent effect on future businesses interested in relocating to the area.

After these comments, three Peters Township residents took the podium to address crematory concerns, also ignoring Atkison’s request to not rehash the issue.

Sam Hazo, president of the Hidden Valley Home Owners Association, was one of the residents who addressed council. He spoke of the importance of a zoning ordinance, or zoning provision, establishing set-backs, describing set-backs as a logistical protector for when something goes wrong.

Hazo said that such a logistical protector was more desirable for residents than a penalty.

Other residents spoke of additional ways to regulate emitting industries, such as ordinances pertaining to the burning of plastics and embalming fluid, and of the trend to keep the local community environment free of toxins.

The residents who commented were but three of approximately three dozen Peters Township residents who came out to the meeting on Monday night, most of whom left once discussion of the ordinance draft, and comments about crematory matters, concluded.