The state Department of Environmental Protection denied a motion to overturn a waste permit granted in 2020 to Tri-County Landfill in Mercer County, according to court documents filed Monday, Jan. 8.

The landfill, located in Pine and Liberty townships in Mercer County, sits on 99 acres.

Tri-County Industries is owned by Ed Vogel, an Adams Township supervisor who also owns the Seneca Landfill in Jackson Township.

According to court documents, Tri-County Industries applied for a major modification to their solid waste disposal permit in December 2018. It was granted in December 2020.

The permit, which will expire in December 2030, allows waste to be deposited 24 hours a day, six days a week. Furthermore, the permit allows the deposits of certain waste from oil and gas corporations.

Liberty Township and the Citizens' Environmental Association of the Slippery Rock Area, or CEASRA, appealed the issuance the permit, arguing the DEP “erred in their harms-benefits analysis,” documents showed.

During analysis for the permit, the DEP determined the benefits of the landfill outweighed known and potential harms.

The Commonwealth of Pennsylvania Environmental Hearing Board denied the appeal on Jan. 8, saying the appellants did not meet their burden of proof.

“The appellants have not shown by a preponderance of the evidence that the department acted unreasonably or violated the law with respect to any of the harms or benefits associated with the Tri-County landfill,” documents showed.

Appellants’ concerns

Court documents show appellants expressed concerns over noise, traffic and environmental consequences of the Tri-County landfill permit.

The appellants also argued the landfill attracts “large numbers of birds,” according to documents. The landfill being situated within 10,000 feet of the Grove City Airport increases the risk of aircraft striking birds, appellants said.

The board said the implementation of Tri-County’s bird control plan eliminated risks. The plan is to “prevent birds from coming to the landfill in the first place, and secondarily to chase them away immediately if they do visit,” documents showed.

Elements of the plan include the disposal of putrescible waste at night and covering it in daylight, the use of pyrotechnics, and monitoring and reporting bird activity.

“Tri-County’s submission of its bird control plan certainly satisfied the requirement that a nuisance control plan be submitted with respect to birds,” documents showed. “Tri-County’s bird control plan, if fully implemented, will adequately protect the public safety.”

Furthermore, appellants argued the allowance of “Series 800 residual waste” could harm the environment by seeping into groundwater.

Documents define Series 800 waste as flowback resulting from hydraulic fracturing and similar fluids from oil well drilling.

Court documents showed appellants were concerned about radioactive material in the residual waste.

The modified permit issued to Tri-County contains a radiation protection plan, documents showed, which indicates waste is screened for radioactive material.

A study cited in the court documents filed Jan. 8 said there was no statistical difference in the radium detected in landfills that receive oil and gas waste and those that do not.

“The appellants have failed to meet the burden of proving that Tri-County cannot be trusted with the permit,” documents showed. “All evidence leads to the opposite conclusion.”