Pennsylvania Environmental Management Services, Inc. v. Commonwealth

WATERS, Chairman,

This matter comes before the board as an appeal from the denial of a solid waste permit for operation of a landfill in New Garden Township, Chester County, Pa. The proposed landfill is to be located about one quarter mile from a small privately owned airport and the intervenors, Alex and Anne duPont, allege that the landfill will attract birds and create a bird hazard for aircraft. DER’s denial of the permit was based on this fact alone, primarily on a recommendation from PennDOT. Appellant, PEMS, has developed a bird control program which it believes will allow the airport…