RR308827

LAW Drricce

WEAVER, MQBEBACH, PIOSA, HIXBON & MARUEB

ONE WINDSOR PLAZA, SUITE ZOO

7B3S WINDSOR DRIVE

THOMAS E. WEAVER, JR.

BARRY N. MOSEBACH ?

MICHAEL J. PIOSA

BOYO G. HIXSON

BLAKE C. MARLES

JOHN f. HACKER

AL.L.ENTOWN, PENNSYLVANIA 1B1W6 - 1O1*

?

AREA CODE Z IB

366-8000

FAX NO.

?

aiB-ace-eooi

DONALD E. WIEAND. JR.

DONALD H. LIPSON

WILLIAM H. DAYTON, JR.

DAVID G. KNERR

THOMAS E. REILLY, JR.

THOMAS F. SMIDA

'

PAUL D. NORTH, JR.

ROBERT J. HOBAUGH, JR.

THOMAS A. CAPEHART

JOHN P. SERVIS * ?

IRENE MARY CHIAVAROLI *

CATHERINE S. BELLER MEINHART

OF COUNSEL

THOMAS E. WEAVER

- WILLIAM H. ECKENSBERGER, JR.

MURRAY MACKSON

JUHC

25,

1993

* MCMBCR Or *A AND NJ BAR

+ MKMBCM OF VA AND DC BAH

VIA FACSIMILE

Mr. Cesar Lee (3HW21)

Remedial Project Manager

U.S.EPA - Region III

841 Chestnut Building

Philadelphia, PA 19107

Phone (215)-597-8257

Re:

Novak Sanitary Landfill Superfund Site��

Proposed Remedial Action Plan��Comments by

South Whitehall Township

\

Dear Mr. Lee:

I am submitting these comments on the proposed Remedial Action

Plan ("Plan") for the Novak Sanitary Landfill Superfund Site

("Site") as the Assistant Township Solicitor for our client, South

Whitehall Township ("Township"). As you know, South Whitehall

Township t is unfortunately the "host" municipality in which the

landfill is located, and so has an inherent interest in the Plan.

Additionally, South Whitehall Township also has standing and a

financial interest in the Plan because the Township has been named

as one of the defendants (although probably de minimis) in the

civil action litigation commenced by the "Potentially Responsible

Parties (PRP's)" for recovery of the engineering and remedial

costs, which is docketed at No. 91-7993 in the United States

District Court for the Eastern District of Pennsylvania, and which

has been assigned to Chief Judge Cahn.

These comments are to follow up and expand upon our brief

conversation at the end of the public meeting to discuss proposed

Plan, which was held on Tuesday evening, June 8, 1993, at the South

Whitehall Township Municipal Building, and also to also make EPA

aware of some recent developments and additional facts which were

not included in the twenty-page handout Summary of the Proposed

RR308827

s

Mr. Cesar Lee

Page 2

6/25/93

Remedial Action Plan, and hence which may not be included in the

full text of the Plan.

1. Water Line Extension: Within the last year or so, South

Whitehall Township and its Authority have extended a public water

supply main along the north side of Orefield/Limekiln Road to serve

the nearby Pheasant Hills Subdivision, as well as other nearby

residences. As a result:

a. Since the nearby homes are now either served by or

have available a public water supply, they need not depend on

groundwater wells. Hence, potential groundwater contamination from

the Novak Sanitary Landfill Site should be less of a health concern

to Pheasant Hills and other nearby residences.

b. Extending public water to other adjacent residences

will be easier and less expensive than before, with the possible

exception of those homes along River Road. Consequently, this

alternative may now be more feasible and preferable than monitoring

and treating well and ground water, for the purpose of assuring a

safe water supply.

V^_j

c. Precautions should be taken during the final design

of the Remedial Action Plan to ensure that the water line is not

damaged by the construction or other remedial actions.

2. Other Nearby Lands Owned by Novak Sanitary Landfill,.Inc.:

a. Since December 29, 1989, Novak Sanitary Landfill,

Inc., has owned a total of 94.7005 acres in this vicinity. That

consists of 66.7402 acres within the landfill site on the south

side of Orefield/Limekiln Road, and an additional 27.9603 acres on

the north side of Orefield/Limekiln Road.

b. All of these parcels of land are shown on Tax Map F7.

The landfill site is known as Block 36, Lot 8, and Block 26, Lot

4; the parcel on the north side of Orefield/Limekiln Road is known

as Block 19, Lot 12.

c. The Deed for these parcels was recorded in the Lehigh

County Recorder of Deeds Office at Deed Book Volume 1447, Pages 369

through 371, on January 4, 1990.

d. That Deed recites that the tract consists of 79 acres

and 10 perches, less and excepting five separate deeds and

conveyances out. However, the acreage figures stated above are

based on a recent "Major Subdivision Plan of Lands of Novak

Sanitary Landfill, Inc.", prepared by Martin, Bradbury & Griffith,

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Mr. Cesar Lee

Page 3

6/25/93

Inc. , Consulting Engineers, Land Surveyors and Planners, 1201

Washington Street, Allentown, PA 18102, telephone (215) 437-6300,

as Plan No. 89-1217-000, Sheet No. 1, dated February 6, 1990, last

revised 10/05/90.

e. That Plan was submitted to South Whitehall Township

as part of a proposed subdivision of these tracts and a subsequent

appeal to the South Whitehall Township Zoning Hearing Board, known

as the "Appeal Application of Hilda Novak and Novak Sanitary

Landfill, Inc., No. A-57-90", which has since been further appealed

to the Lehigh County Court of Common Pleas at Docket No. 91-C-0103

(consolidated with No. 91-C-172 and 91-C-1332). Consequently, we

believe the 94 acre figure to be more accurate.

3. The 27.9603 acres on the north side of Orefield/Limekiln

Road, also known as Block 19, Lot 12, should be included in the

Proposed Remedial Action Plan for the following reasons:

a. While we are confident that the extensive earthwork

and construction activities contemplated by the Proposed Remedial

Action Plan could ultimately be accomplished by staying solely

within the 66.74O2 acres of the former landfill Site, that appears

to be the earthwork equivalent of trying to paint a floor while

standing on it. In other words, while that method may be possible

and even feasible, it may not be the easiest or least expensive or

disruptive means of accomplishing that goal. Furthermore, since

the Site is surrounded by residences that are privately owned,

there does not appear to be any other land readily available to

support construction activities.

In contrast, the 27.9603 acres of Lot 12 appear to be ideally

situated to support construction activities, which would benefit

everyone involved, such as by providing locations for contractor's

temporary office trailers, change and wash facilities; equipment

storage and repair; storage of materials, such as the clay soil for

the impervious cap, and any membranes or liners; and well drilling

materials or equipment, etc. Additionally, this tract of land is

directly across Orefield/Limekiln Road at the western end of the

Site, and appears to share a common boundary line approximately 100

feet in length with the Site, directly across from the existing

barn and several storage buildings. Consequently, this tract of

land also appears to be in a favorable location to provide direct

access to the landfill Site.

b.

The 27.9603 acres of Lot 12 are located in the

Township's "RH (Rural Holding)" Zoning District, which requires

three (3) acre minimum lot sizes and allows single family detached

dwellings to be constructed. Lot 12 therefore appears to have some

potential future development potential and value, once the Remedial

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Mr. Cesar Lee

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6/25/93

Action Plan is implemented and the potential hazards of the

landfill Site are mitigated, So, it is possible, and even likely,

that this tract might be worth several hundred thousand dollars,

and could then be sold for that amount by the Novak Sanitary

Landfill, Inc., the current owner.

However, we believe that Novak Sanitary Landfill, Inc. as the

operator of the Site, also is or should be one of the "Potentially

Responsible Parties" under the Superfund Law and the abovereferenced federal litigation, and hence liable for some or all of

the costs of the engineering and remedial work. Consequently,

Novak Sanitary Landfill, Inc., should be prevented from stripping

any valuable assets from the Site, such as through a subdivision

and sale of this developable land, until all of the involved

parties have agreed upon and adequately funded the Remedial Action

Plan. Including Lot 12 in the formal designation of the Site now

would also give the "Potentially Responsible Parties" control over

the ultimate disposition of this tract and its value, and hence

promote and facilitate that laudable purpose of the Superfund Law

and the Remedial Action Plan.

4. Planned Stormwater Drainage Project: South Whitehall

Township is now in the process of planning a storm water drainage

project on the north side of the Site, which will intercept runoff

from the Pheasant Hills Subdivision, among other functions. I

understand that the flow of that runoff onto the site has been an

ongoing concern of the Pennsylvania DER. Because this stormwater

project would to some extent parallel and complement portions of

the Proposed Remedial Action Plan, i.e., construction of surface

water controls and the cap, the Plan should coordinate with it.

For more details on the current status of the stormwater project,

please feel free to contact either of the following: Gerald J.

Gasda, Township Manager, South Whitehall Township, 4444 Walbert

Avenue, Allentown, PA 18104-1699,

(215) 398-0401, or John S.

Pidcock, P.E., Township Engineer, G. Edwin Pidcock Company, 2451

Parkwood Drive, Allentown, PA 18103 (215) 791-2252.

Thank you for your efforts to provide the information on the

Proposed Remedial Action Plan to the community, and for the

opportunity to provide these comments for your review and

consideration. Please feel free to contact either me, Blake C.

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Mr. Cesar Lee

Page 5

6/25/93

Maries, Esquire, of our firm, or Gerald J. Gasda, the Township

Manager, if you have any questions, require additional information,

or wish to discuss any other aspect of this matter.

Very truly yours,

Paul D. North, Jr., Esq.

PDN:tlq

cc: Gerald J. Gasda, Township Manager

South Whitehall Township

John S. Pidcock, P.E., Township Engineer

G. Edwin Pidcock Company

Blake C. Maries, Esquire, Township Solicitor

Maria C. Mullane, Esquire

South Whitehall Township Zoning Hearing

Board Solicitor

David C. Marble, Esquire

Fitzpatrick, Lentz & Bubba,

Counsel to PRP group

John O. Stover, Jr., Esquire, Counsel to

Novak Sanitary Landfill, Inc.

AR30883I

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