The Department of Environmental Protection has denied a municipal waste landfill permit application sought by Tri-County Landfill Inc. for the reopening of the Tri-County Landfill in Pine and Liberty townships, Mercer County.

Tri-County Landfill Inc. is one of several subsidiary companies of Vogel Holdings Inc. of Mars, Butler County, that are engaged in the waste management business.  The department denied the permit based on the compliance history of other Vogel Holding’s subsidiaries, as well as local zoning issues.

Prompted by public comments, the department evaluated the compliance history of Tri-County Landfill Inc. and several other related waste companies in Butler County that operate under Vogel Holding Inc.—such as Seneca Landfill Inc. and Vogel Disposal Services Inc.—as part of its final review of the permit application. 

This review identified a history of non-compliance for these related companies, documented in inspection records from 2003 to 2013.

The Pennsylvania Solid Waste Management Act authorizes DEP to deny a permit if it finds that a principal of the applicant corporation was a principal of another corporation that committed past violations of the act.

“Environmental compliance should serve as the cornerstone of every company’s corporate philosophy seeking to do business in Pennsylvania,” Kelly Burch, director of DEP’s Northwest Regional Office said.

Tri-County’s permit application proposed a finished height of 160 feet for the landfill.  However, zoning restrictions in Liberty and Pine townships limit the height of structures to 40 feet. These restrictions have been held by the Mercer Court of Common Pleas to apply to the landfill.

In 2000, the General Assembly passed amendments to the Municipalities Planning Code that require DEP to consider local zoning in permitting actions under certain circumstances.  Accordingly, the department is also denying Tri-County’s permit because the design conflicts with local height restrictions.

Tri-County Landfill Inc. submitted its most recent permit application for the construction and operation of a municipal waste landfill on August 23, 2004. The company previously operated a landfill at this same location, but that facility closed in 1990. Tri-County currently operates a municipal waste transfer station at the site.

9/23/2013