Waste Industry Accuses Delta Thermo Energy of False Claims

The Pennsylvania Waste Industries Association (PWIA) is accusing Delta Thermo Energy (DTE) of making false claims at a public meeting in late October.  The meeting was hosted by the PA Department of Environmental Protection, the agency considering air pollution and waste management permit applications submitted by Delta Thermo Energy (DTE) in the past year.

As comment deadlines on these permit applications have recently expired, these latest comments debunk not only claims made to the public, but claims used to persuade the city to sign the 35-year contract they inked in March 2012.

Their comments open by accusing DTE of making false marketing claims, in violation of the Federal Trade Commission Act.

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Allentown Residents for Clean Air and PA Waste Industry Comments Skewer DTE Incinerator Air Permit


The Pennsylvania Waste Industries Association (PWIA) and environmental health advocates usually don’t agree on much, but they both agree that pollution permits should be denied to the trash and sewage sludge incinerator planned for Allentown by Delta Thermo Energy (DTE).

Allentown Residents for Clean Air (ARCA) members have been calling the proposed plant an incinerator, not a “waste-to-energy” facility, even citing the fact that DTE’s air pollution permit application lists them as an incinerator.  The waste industry now concurs.  In 37 pages of comments, they cite in detail how DTE’s facility is a solid waste incinerator under state and federal law.  The comments were filed, as were comments by ARCA members, as part of the comment period on the air pollution permit, which ended on Monday.  This, and a proposed waste management permit, are still pending approval by the PA Department of Environmental Protection (DEP).

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Allentown Residents for Clean Air Says Judge Varricchio Got it Wrong


Allentown Residents for Clean Air Says Judge Varricchio Got it Wrong

ALLENTOWN – The Allentown Residents for Clean Air group (ARCA) says that Judge Michele Varricchio got it all wrong when she denied Allentown voters the right to vote on a clean air ordinance this November.  ARCA members collected over 2,000 signatures to bring this ordinance to the voters in response to plans by Delta Thermo Energy to burn 150 tons per day of trash and sewage sludge in the city.

On August 27, the Lehigh County Board of Elections ruled that the Allentown Clean Air Ordinance initiative cannot go to the voters because it “does not properly recognize and account for the Department of Environmental Protection’s mandated approval role.”  On appeal, brought by ARCA members, the Lehigh County Court of Common Pleas agreed, once again denying voters the right to vote on the clean air initiative.

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Lehigh County Judge’s Opinion Letter

Conclusion quoted from the end of the Judge’s opinion letter:

As such, this court agrees with the conclusion of the Board. Timothy A. Benyo, Chief Clerk of the Election Board provided an explanation of the Boards’ August decision. He wrote that the Board found that the “City of Allentown Clean Air Ordinance, as proposed, does not properly recognize and account for the Department of Environmental Protection’s mandated approval role.” The proposed ordinance establishes an air pollution control program that is not authorized pursuant to APCA, 35 P.S. 4012(b) in that the City of Allentown is not a first or second class county. Furthermore, the proposed ordinance does not provide for or acknowledge the required application and approval of the Department in that the proposed ordinance is effective immediately. Therefore, the decision of the Board is affirmed and the writ of mandamus is denied. – Michele A. Varricchio, J.

Read the full document here

Allentown Residents for Clean Air Sues Election Board to Bring Clean Air Ordinance to Voters


ALLENTOWN – Four members of Petitioners’ Committee for the Allentown Clean Air Ordinance initiative, also members of Allentown Residents for Clean Air (ARCA), filed suit in the Lehigh County Court of Common Pleas today to require the Lehigh County Board of Elections to put the initiative on the November ballot, as required by the Allentown Home Rule Charter.

They filed a mandamus action, a type of suit requiring the government to do their job when their duties are mandatory and the plaintiffs have a clear legal right. The suit cites the Allentown Home Rule Charter’s language that states that the city council “shall submit the proposed or referred ordinance to the voters of the City” if they do not vote to pass the ordinance themselves. On June 19, City Council voted to table the ordinance, forgoing to pass it within the 60 days they had to do so.

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ARCA appeals to Lehigh County commissioners

Here is the latest news on our Clean Air Ordinance. The Lehigh County Commissioners are looking into the appeal process for ARCA to appeal the Lehigh County Elections Board’s rejection of our ordinance. Stay tuned.

quote From WFMZ-69

Thwarted clean air law advocates appeal to Lehigh County commissioners

“This is a real crisis of democracy,” said county resident Al Wurth, a political science professor at Lehigh University in Bethlehem. “The cancellation of an election is not something I thought I would read about in this country, much less my home county.

“I’m very concerned as a citizen of Lehigh County that the county is usurping Allentown’s sovereignty.”

“I share your concerns,” said Commissioner Michael Schware, who resides in Allentown. The process is deeply flawed, said Commissioner Vic Mazziotti. Wurth called on county commissioners to tell the election board to reconsider its decision and let city voters decide whether the air pollution ordinance should become law. But Commissioner Scott Ott, who chaired the meeting, said the commissioners do not have the power to overrule the election board. Ott added: “Do not interpret our desire to follow the law with a lack of sympathy for your cause.” Commissioners have asked the county’s lawyers to look into whether election board decisions can be appealed. They also hope to get a clear explanation from the election board about why it rejected the ballot initiative.

Read more from WFMZ.com

DEP Joins in the City’s Scare Tactics about Ordinance Legality

At the city’s request, the Department of Environmental Protection has put together a letter dated today (6/19), the day of the city council meeting where city council gets to vote on the ordinance.  The letter was actually released earlier, as the city had it on 6/18, just in time to email to local reporters so they could write articles on this day of the vote, claiming that the ordinance is illegal.  The ordinance is NOT preempted by state law, as DEP claims.  Mike Ewall, Esq. of Energy Justice Network, author of the Allentown Clean Air Ordinance, debunks the DEP’s letter here.

See today’s news articles on this here, here, and here.

Here is a chance to make your voice heard.

Please mark your calendars and do your best to make it to the 5/28 Committee of the Whole Meeting at 6PM in City Council Chambers, 435 W. Hamilton Street. Public comment on Bill 26: Clean Air Ordinance will be heard. Feel free to come and support our ordinance, and or address council. We hope to see you there!

letter from city council

Clean Air Ordinance will be on the November ballot…

…if Allentown City Council doesn’t vote for it first.

The Home Rule Charter allows Council 60 days to pass the ordinance themselves.  Today – May 21st - is Day 29; they have until June 21st.  The Ordinance was introduced at the May 15th Council meeting, and will be discussed (and open to public comments) at a Committee of the Whole meeting.  Stay tuned for that date!

City Clerk says that Clean Air Ordinance got enough signatures!

So simple, yet so satisfying:

“The City Clerk’s Office has reviewed your petitions and found them to be sufficient.”

Meaning that more than 2,000 of the 3,500 signatures that we collected turned out to be from registered Allentown voters. *whew*

This means that City Council has 60 days to adopt the Clean Air Ordinance themselves. If they vote against it or fail to consider it for 60 days, the Ordinance can appear on the ballot in November and the citizens of Allentown can adopt it.

To everyone who petitioned: Great job! You’re making democracy possible.

Special thanks to Mike Hanlon, Tawanna Whitehead, and everyone who helped the City Clerk’s office in the painstaking task of verifying the signers.