BETHLEHEM, Pa. — Even though the industrial wastewater discharge permit between the Bethlehem Wastewater Treatment Plant and Bethlehem Landfill expired on June 30, the two parties will operate under predetermined conditions until some technicalities are ironed out, city officials said Wednesday.
According to the city’s legal expert, there are two broad areas of concern with the current permit’s language: addressing the flow rate of leachate coming from the landfill and testing for PFAS chemicals with even broader methods.
- The Bethlehem Wastewater Treatment Plant and Bethlehem Landfill will operate under a former agreement for now, following its recent expiration
- The legal language of the updated permit needs more examination by the city's legal team, officials say
- The mayor says there's no hard deadline involved in the process, and no timeline was provided Wednesday
“One major way to address that would be to include in our permit some requirements for flow control from the landfill so that they can regulate the amount that comes to us, which will help in those events when the plant gets overwhelmed,” City Solicitor John Spirk said.
“There’s already quarterly testing for any number of chemicals that are in the current permit, quarterly testing paid for by the landfill. But we are also implementing additional testing for PFAS chemicals as well, along with all those others, so that we can get an idea and a handle on exactly what we’re dealing with.”
“A lot of it is to ensure that there is a bit of the buy-in, if you will, from these companies. We have 37 industrial waste discharge permittees, and I think they all recognize that they have a responsibility to protect the environment.”Edward Boscola, city director of water and sewer resources, speaking on permittees paying the costs for testing
Edward Boscola, city director of water and sewer resources, specified that most of the issued permits call for a “shared responsibility for sampling,” usually placing the task on the city and permittee twice a year a piece and alternating each time. The permittee pays for the independent lab testing for both parties, and the results are sent to the city and filed annually with the Environmental Protection Agency, he added.
“A lot of it is to ensure that there is a bit of the buy-in, if you will, from these companies,” Boscola said. “We have 37 industrial waste discharge permittees, and I think they all recognize that they have a responsibility to protect the environment.”
Violators of the permit agreement can face financial penalties in the thousands of dollars, he said.
Spirk explained that there’s always the possibility of PFAS also coming from other sources and not exclusively the one in question.
“There might be PFAS flows coming other places that we don’t need to regulate as permanent, right now, depending on quality and where those are coming from,” Spirk said. “So it’s not really just an individualized focus on the landfill in this regard, but an overall focus on the whole plant.”
He then clarified that if there’s ever any state or federal regulations set in place regarding these waste issues, those would be automatically implemented into the permit and overarching ordinance.
Mayor J. William Reynolds said rules governed by the state Department of Environmental Protection and EPA are the backbone of how the city structures the rules and language of the local permits.
“I’m hopeful that Bethlehem City will follow the encouragement of the EPA and continue to enforce the most stringent limits that they can possibly enforce."Victoria Opthof-Cordaro, representative of Citizens for Responsible Development-Lower Saucon Township
Victoria Opthof-Cordaro, representative of Citizens for Responsible Development-Lower Saucon Township, said she hoped city officials understood the importance of testing for dangerous chemicals like PFAS, whether it’s frequently or at least quarterly.
“I’m hopeful that Bethlehem City will follow the encouragement of the EPA and continue to enforce the most stringent limits that they can possibly enforce,” she said.
Steel City resident Russell Sutton said that although he doesn’t live in the city, Bethlehem officials need to be up to date on the most recent landfill litigation since Lower Saucon Township is just over the mountain nearby.
“I would’ve never bought or built my houses there if I knew it was going to last this long,” Sutton said. “That was 1983, and they told me its lifespan was three to four years. Well guess what, it’s 2023.”
He commended Bethlehem City Council for listening to the concerns of those affected most by the potential expansion, saying that it doesn’t work that way with Lower Saucon officials and their consideration of the newest ordinance.
That new proposal would call for the rezoning of some land currently owned by the dump, along with properties north on Applebutter Road up to Interstate 78, east to the Williams Township-Lower Saucon Township border, all with I-78, Route 33 and the Lehigh River acting as boundaries. The new ordinance will see a vote at the meeting of Lower Saucon Township Council on Tuesday.
“They just arbitrarily decided to do that off the cuff and not care about what any of the citizens wanted, or any other participants in the community,” Sutton said.
While several other municipalities took part in the conditional use process, the city of Bethlehem never obtained party status regarding the initial proposal currently under Commonwealth Court review.
“I think since we have the ability to participate in the permitting negotiations, that we should be as proactive as possible, that we should choose all of our experts very carefully, that we should prepare everything while in advance when it is necessary. As I can guarantee you, having been to the conditional use hearings, [the defendants] have been very prepared through all of this.”Brian Lucas, Lehigh University student
Brian Lucas, a Lehigh University student studying public health and environmental health sciences, said public officials need to stay on top of the industrial waste discharge permit and any potential changes in its legal language.
“I think since we have the ability to participate in the permitting negotiations, that we should be as proactive as possible, that we should choose all of our experts very carefully, that we should prepare everything while in advance when it is necessary,” Lucas said. “As I can guarantee you, having been to the conditional use hearings, [the defendants] have been very prepared through all of this.”
Other business
City council voted in unanimous approval to set aside $1,899,328 to cover some sewer upgrades on the South Side. These would involve replacing 1,500 feet of sewer collection pipe at East Third Street, Brodhead Avenue and Broadway, as well as relocating the interconnection metering chamber at the border of Fountain Hill.
This 180-day contract is set to be completed by Barrasso Excavation of Oley, Berks County, and will be partially funded by a $525,000 H2O PA grant.
The Bethlehem Police Department requested the retirement of another furry officer: a Dutch Shepherd named “Blaze.” The dog served the department in patrols and narcotics detection.
Following a unanimous vote of approval from council, the seven-year BPD veteran will be under the new ownership of his longtime handler, Robby Hoppes.