E. Penn files appeal of sludge use on farm

The East Penn Township supervisors will ask a state board to block the use of treated sewage sludge, also known as biosolids, on a farm in the township.

Meanwhile, the township’s board of supervisors voted to replace the farmer’s wife as vice president of the board.

The supervisors held a special meeting Thursday night, the third special session since they learned of Synagro Inc.’s plans to use treated sewage sludge on farmland in the township owned by Dennis Cunfer and Wanda Crostley.

Supervisors heard from a lawyer who they hired specifically to represent the township in regard to the sludge plan. Lauren William of the Curtin and Heefner law firm said the township had filed its appeal with the state Environmental Hearing Board as of Thursday. DEP approved Synagro’s plan to apply treated sewage sludge in late March. The township had 30 days to appeal.

The board also directed William to file a motion with the hearing board to block Synagro from spreading sludge while the appeal is being heard. William said she will file a petition to supersede on behalf of the township with the EHB.

“An appeal is not an automatic stay of the approval,” William said. “There would have to be a hearing process to prevent the sludge from going down while the appeal is proceeding.

Dennis Cunfer’s son, Justin, and a Synagro representative were in attendance at the meeting, but they said they didn’t know when the material would be applied.

The township’s engineer, Charles Unangst, said Synagro hasn’t applied to the township for a permit to use biosolids. The township has an ordinance which regulates use of the material, but a member of the Cunfer family asked the state attorney general’s office to challenge its validity because it may violate a state law that was passed years after the ordinance was on the books.

During a public comment period, residents once again raised their concerns about the use of sludge in the township.

Karen Schleicher said her teenage son, who has battled heart problems since birth, would be forced to remain indoors 24/7 if the sludge was applied, on doctor’s orders.

“He’s going to have to stay in the house 24/7, not see the outside world,” she said. “It’s very, very upsetting.”

Louise Weiss said township residents should have access to data relevant to the Synagro application. Supervisors’ Chairman William Schwab said it’s posted on the township’s website, but people who do not have the internet are welcome to come in to the township building.

The board also voted to replace Deanna Cunfer, Dennis’ wife, as vice chairman of the board.

Supervisor Steven Heckman was appointed to replace her.

Schwab recommended they relieve Deanna Cunfer after stating that he may not be able to attend meetings in the future for personal reasons.

“I’ll be very blunt ... I don’t think Deanna should be put in a position to chair a meeting like this,” he said.

Deanna Cunfer has pledged to recuse herself from action involving Synagro, but the supervisors accused her of acting improperly by giving a document that they prepared — related to the township’s biosolids ordinance — to her daughter-in-law. Her daughter-in-law, a DEP official who has also pledged to recuse herself from acting on Synagro’s plan — wrote the letter to the AG’s office that prompted them to look into the township’s biosolids ordinance.

Supervisor John Strockoz said he agreed with Schwab that Deanna Cunfer should be replaced as vice president. She already stepped down from her position as township treasurer during a meeting in March.

“There’s a conflict there. As you said, there’s no way you can run the meeting if you’re applying for it,” Strockoz said.

The board also agreed to schedule another special meeting to discuss the Synagro plan. It has been scheduled for 6:30 p.m. May 24.