Nov 3, 2014 4 min read

WAYNESBURG – Waynesburg Zoning Hearing Board approved a special exception Monday to allow a local wholesale distributor of gasoline and other fuels to install a 30,000 gallon propane storage tank on property on First Street.

Stuck Enterprises Inc. first asked the board to approve installation of the tank on property at the corner of Washington and First streets, the site of the former Grover C. Hughes Hardware Store. The board denied the exception during a hearing last month.

The company then submitted another application seeking the exception to install the tank on property it owns across First Street from the Grover C. Hughes site, where Stuck Enterprises now has its warehouse.

Both sites are in an area zoned M-1 Manufacturing. A special exception is needed because it involves the wholesale distribution of quantities of hazardous or toxic substance, said Bryan Cumberledge, borough code enforcement officer.

Steve Stuck, president of the family-owned, Waynesburg based company, spoke of changes the company made in its plans to address concerns about safety expressed by board members at last month’s hearing.

The new site, he said, is surrounded by properties owned by the company and is farther away from Margaret Bell Miller Middle School. The tank will be about 650 feet from the school, while regulations require it be only 50 feet away, he said.

In addition, a guardrail or concrete barrier will be placed between the tank and road, a 24-hour monitoring system will be installed with security cameras and the company will sponsor local firefighters to attend a Pennsylvania Propane Gas Association training session.

The tank, itself, has many safety features including automatic shutdown capabilities, Stuck said. The plan also must be approved by the state Department of Labor and Industry.

Stuck showed the board pictures of similar tank installations in close proximity to homes and other structures. He assured the board the project would follow the regulations and be managed properly. “We have no interest in doing something that isn’t safe and done the right way,” he said.

An additional argument was cited by his attorney, Kirk King, who presented a letter from the legal counsel of Pennsylvania Propane Gas Association that said state law, Act 61 of 2002, preempts local ordinances in regard to the installation, location and safety issues surrounding propane tank operations.

The state, through the Department of Labor and Industry, regulates aspects of propane tank installations, King said. The zoning board could still make a decision, but based solely on provisions of the borough zoning ordinance, not for instance on speculation about possible safety issues, he said.

Board chairman Adam Chapman, who opposed the plan last month citing the closeness of the tank to the school and houses, read from an emergency response guide for first responders that indicated in the event of fire involving such a tank, responders would have to evacuate an area within one mile of the tank.

Referring to the act cited by King, Chapman said it appeared the board didn’t have much choice unless it wanted to spend money paying lawyers to fight the case.

However, he asked Stuck why he would want to place such a large propane tank in the borough, the most densely populated portion of Greene County.

Stuck said he understood the board’s concerns but believes the company can operate the business safely. The company will abide by all regulations and make sure it operates in a safe and proper manner, he said.

Following an executive session, the board voted 2 to 1 to approve the application with conditions including the 24-hour monitoring, camera surveillance, installation of a guardrail or concrete barrier, firefighter training and company employee training.

Board members Jeanne Songer and Susan Pool voted for it, Eric Rush voted against it and Chapman abstained. Jeanette Perry was absent.