Hunlock Township v. Hunlock Sand & Gravel Corp.

BYER, Judge.

This appeal requires us to decide whether Hunlock Township has the power to enact an ordinance forbidding the maintenance, operation and utilization of a sludge composting facility, a sewage sludge composting utilization facility, or a solid waste facility within a 2,000 feet radius of any residence or residential area. The Court of Common Pleas of Luzerne County invalidated the township’s Solid Waste Landfill, Incineration, Sewage Sludge, Composting Regulation Ordinance (Ordinance 2 of 1988). We reverse.

The ordinance 1 provides that the operation of certain waste facilities…