Oct 15, 2013 3 min read

Smith Township supervisors granted a zoning variance to allow TerrAqua Resource Management to build a Marcellus Shale wastewater and fluid recycling facility in the municipality, but said the approval is contingent on the state Department of Enviornmental Protection review.

Supervisors also stated TARM must comply with the terms of a consent order MAX Environmental agreed to with the DEP in 2006.

The Williamsport-based company requested conditional approval to build the facility at 200 Max Drive, just off Bulger-Candor Road, on property owned by MAX Environmental.

However, supervisors are concerned about a substantial increase in truck traffic and the impact it would have on residents of Smith Township and neighbors in Robinson Township and the village of Candor. On its way to TARM’s facility at MAX Environmental’s Bulger site, trucks would wind along a stretch of road with a one-lane bridge, a school bus stop and a 20-mile per hour speed limit.

“We will give them conditional approval if TARM goes along with the consent order that MAX Environmental has with the DEP,” said supervisor Tom Schilinski.

The consent order limits the number of trucks that can travel to MAX Environmental each day, as well as the days and hours of operation.

At a public hearing in September, TARM Chief Operating Owner Quay Schappell told supervisors the company cannot control the times of deliveries to the location because TARM does not own or operate the trucks and drivers, and said needs to operate 24 hours a day, 7 days a week in order to meet the needs of its customers in the industry. He said the facility was prepared to handle as many as 100 trucks per day.

In a written finding, read at Tuesday’s meeting, supervisors noted that the DEP granted MAX a three-year extension of the consent order in December 2012, and that TARM and MAX would be operating at the same time for at least three years.

“The township believes, and therefore determines, that the DEP must first consider the effect of TARM’s proposed activity in relationship to the regulations and limitations contained in the landowner’s consent order and agreement, and if found not to be a violation nor a cause for amendement, and if the latter, what changes will occur, and if not or none, what limitations and/or regulations will be imposed by them on TARM in and of itself before the township can make a decision as to specific conditions for the proposed water treatment facility.”

Blaine Lucas, an attorney representing TARM, said he will review the township’s decision before commenting.

“TARM was required to get local approval before filing its application for the DEP. Now that we have conditional approval from the township, we’ll file our application with DEP and see where it goes from there,” said Lucas.