Shane W Potter

Findings of fact regarding a proposed cold-mix asphalt plant in Slippery Rock Township state the plant complies with the township’s zoning ordinance regarding heavy manufacturing and performance standards, particularly with regard to emissions and odors.

The township board met Thursday, April 25 and accepted the findings. The decision is that the plant, which Heilman Pavement Specialties would operate about 40 days a year at 490 Stoughton Road near Slippery Rock Creek, meets township standards.

The board’s decision was based partly on the testimony, testing and evaluation of Joseph Pezze, an environmental consultant of Hillcrest Group in Wexford, given at various hearings in 2021 and 2022, as well as the understanding that the facility will be located 500 feet from the nearest residence.

Pezze previously worked for the Pennsylvania Department of Environmental Protection for 25 years.

According to the document acquired Friday, Pezze examined the operations of a nearby cold-mix asphalt plant operated by the company, concluding “customary safeguards” could prevent fugitive emissions. Based on his experience evaluating asphalt plants, Pezze said the plant would not require an air pollution permit.

The board decided Pezze’s testimony indicated the plant’s operation “would not emit ‘objectionable’ odors, fumes, gases, dust or smoke that would be ‘objectionable’ to neighboring properties, and would not violate DEP regulations relating to air quality, or require an air quality permit.”

The board noted the township’s zoning ordinance does not require DEP regulations be met before a zoning permit can be granted.

Past testimony offered by three community members representing the group Save Slippery Rock Creek nearly two years ago states they encountered objectionable odors of asphalt along the highway near the facility, according to the document.

The fact-finding report also mentioned the testimony of Robert Livingston, associate professor of geography, geology and the environment at Slippery Rock University.

Livingston teaches appropriate data collection, analysis and methodologies. According to the report, his testimony was critical of Pezze’s methods in determining the absence of “malodors” reaching neighboring properties.

The property is surrounded by limestone quarries of Allegheny Minerals, a concrete block manufacturing facility of Sidley and a vehicle recycling facility, according to the document.

Section 308.11 of the zoning ordinance states “the emission of objectionable gases, fumes, smoke or dust will not be objectionable to established permitted uses nearby.”

The fact-finding report states the ordinance does not prohibit gases, fumes, smoke or dust from being emitted off site. The term “objectionable” is also subjective, without a definite way to be measured or determined.

Since the word “objectionable” is a vague term, the report states it should be interpreted in favor of the landowner, i.e., Heilman.

The Pennsylvania Municipalities Planning Code states in “interpreting the language of zoning ordinances to determine the extent of the restriction upon the use of the property, the language shall be interpreted, where doubt exists as to the meaning of the language written and enacted by the governing body, in favor of the property owner and against any implied extension of the restriction.”

By accepting the report, the board also decided the proposed asphalt plant is in compliance with the ordinance, stating no “malodorous gas or matter shall be permitted which is discernible on any adjoining lot of property” except in the township’s industrial zoning district.

The report states the only industrial zoning district in Slippery Rock Township is the one in which the proposed facility will be located.

The zoning of the property was changed from rural conservation to light industry at a hearing Nov. 22, 2021.

Regardless of the property’s designation, the board’s decision stands with Pezze’s opinion that malodors would not cross over the property line.

“My opinion is that taking reasonable actions, that fugitive emissions could definitely be prevented from crossing the property line at the proposed Slippery Rock site and also that in my professional opinion, malodors will not be observed crossing the property line,” Pezze stated in 2022, according to the report.