E. Penn to appeal sludge consent DEP is allowing treated sewage as fertilizer

The East Penn Township supervisors have voted to appeal the Department of Environmental Protection’s decision to approve the use of treated sewage sludge as fertilizer on a 165-acre farm near Lizard Creek Road.

Meanwhile, the farmer who intends to use the material says he is not changing his plans despite public outcry over potential health hazards.

On Thursday, East Penn Township residents packed a town hall meeting for the second time in a month to speak out against Synagro Inc., which has proposed using treated sludge, aka biosolids, on a farm in the township.

Following their comments, the supervisors voted to appeal DEP’s March 23 approval of Synagro’s application to use Class B biosolids on farmland owned by Dennis Cunfer and Wanda Crostley. Cunfer’s wife, Deanna, who serves as a supervisor abstained from the vote.

Supervisor Steven Heckman asked Dennis Cunfer directly if he would listen to residents and withdraw the plan.

“Based on the public opinion, which seems to be negative, would you consider withdrawing your application to use biosolids on your property?” he said.

Dennis Cunfer said he would not, at this point.

The supervisors also voted Thursday night to hire a law firm, Curtin & Heefner LLP, which has also represented residents in Upper Mount Bethel Township, Northampton County in their effort to prevent Synagro from using biosolids on farms there.

In Upper Mount Bethel, Synagro agreed to use Class A biosolids, which are higher quality and have been treated to reduce pathogens and heavy metals like lead, nickel, cadmium and chromium. Class B biosolids are also treated, but don’t meet the same standard as Class A. Companies wishing to use Class B biosolids on farms in Pennsylvania need a permit from DEP, but they do not for Class A.

Not only is the township appealing DEP’s decision, supervisors are also defending their own ordinance which regulates the use of biosolids.

Ordinance review

The state attorney general’s office is reviewing Ordinance No. 77 to see if it violates state laws. The Attorney General’s office started its review after a complaint by Katherine Hetherington-Cunfer, who is married to Dennis Cunfer’s son, Justin.

Hetherington-Cunfer is currently employed as DEP’s director of external affairs. She told the board earlier this month that she has recused herself from acting on the plan in her official capacity.

The Attorney General’s office has given the supervisors until mid-April to respond to Hetherington-Cunfer’s complaint.

Supervisor William Schwab read Hetherington-Cunfer’s complaint to the crowd, and noted that she had referenced a summary of Ordinance No. 77, which was prepared for the supervisors to review.

Calls for resignation

When he asked Deanna Cunfer if she had shared the summary with her daughter-in-law, she said yes. Schwab said that at the supervisors’ next regular meeting, on April 2, he plans to discuss whether the board should make a complaint to the state Ethics Commission about Cunfer using township resources for personal gain.

“I have a real problem when you use a township document for your own pecuniary benefit,” he said.

Jim Snyder said he would like Deanna Cunfer to resign from the board because she gave the township’s document to her daughter-in-law to use as evidence against the township.

Ordinance No. 77 states that a farmer must notify the township of their plans to use biosolids. It also includes stronger regulations than the state’s regarding how close to a stream or well biosolids can be used.

Schwab advised neighbors of the Cunfers’ farm to have their wells tested before the sludge being applied, so they have a baseline if they someday suspect that runoff from the Cunfers’ fields is affecting them.

Residents speak

In the public comment portion of the meeting, residents were passionate about how they felt biosolids would affect them.

Brenda German, who lives near the farm on Smithlane Road, said she suffers from severe chronic obstructive pulmonary disease, and would be rendered homebound by the smells produced by the farm.

“There’s many elderly people in my neighborhood who are sickly. This is going to make them sicker,” she said. “Do these people care, apparently not?”

Martin Kocher challenged residents to get the word out that Cunfers’ livestock are fed with crops that are grown using biosolids. He said he contacted DEP and they assured him that the treated sludge would remain on the Cunfers’ property. But he said each time it rains, the runoff from the Cunfer farm onto his property is so great that he sees baseball-sized rocks from the farm.

Steve Chuckra spoke on behalf of the nonprofit Lehigh River Stocking Association, expressing concern about the proximity of the farms to the Lizard Creek and Lehigh River.

“We feel there is the potential for some negative water impact,” he said. “We’re also concerned about the precedent it may set for other similarly situated farms, that they may use Class B biosolids as well.”

A representative from Synagro responded to questions when asked by residents. Peter Price said the treatment that Class B biosolids undergo kills about 95 percent of the pathogens in the material.

The rest is killed by exposure to UV rays — which is why no one can go on the fields for 30 days after they are treated. He said by comparison, animal manure used on a farm undergoes no pathogen reduction.

“Biosolids are one of the most-studied nutrient sources as far as agriculture goes,” Layne Baroldi, director of legislative and regulatory affairs for Synagro, said previously.

Layne Baroldi, director of legislative and regulatory affairs for Synagro, said biosolids are typically provided to farmers free of charge.

Companies such as Synagro make their money from the municipalities that supply the treated sludge for recycling.

The supervisors have scheduled another special meeting to discuss the biosolids plan. It will be held April 26 at 6:30 p.m. at the East Penn Social Hall.