HARTMAN UNDERHILL

& BRUBAKER, LLC

Hellam Township Board of Supervisors

44 Walnut Springs Road
York, PA 17406

The Lancaster County Solid Waste Management Authority has asked us to reach
out to you to understand Hellam Township's intentions regarding the proposed Perdue
soybean plan to be located adjacent to the Authority's waste-to-energy facility in Conoy
Township, Lancaster County.
Not being officials of a Lancaster County municipality, you may not be aware that
the Authority has a long track record of seeking to improve the environment. The
Authority's facilities are routinely inspected by Pennsylvania's Department of
Environmental Protection. The Authority has an unparalleled "no violation" record for
its transfer station, transportation, landfill and waste-to-energy operations.
Beyond merely complying with existing standards, the Authority has for years
sought ways to use "green" technology, including alternative energy sources such as its
wind turbines, solar panels, compressed natural gas fueling station, landfill methane gas
recovery and solid waste to steam and electricity. The Authority's recycling programs
and integrated system also drastically reduce the amount of material that need to be
landfilled. The Authority has also worked extensively for the benefit of the communities
along the Susquehanna River, including the construction of the Northwest Lancaster
County River Trail, preservation of historic buildings, financial support of the
Susquehanna Gateway Heritage Area (SGHA) and other activities and programs used by

citizens of Lancaster and York counties.

390
LANCASTER,
TEL

'717

Pi\. 17602
299

7254

E MAIN

ST, SUITE

EPHRATA, PA 17522
TEL 717 738 7972

200

Hellam Township Board of Supervisors

October 5, 2015
Page 2

Perdue's soybean plant provides an exciting opportunity for the Authority to

continue both its environmental and community service work. Much electricity in the
United States is lost in transmission. The installation of the soybean plant in close
proximity to the Authority's waste-to-energy facility allows the Authority to provide a
highly energy efficient use for the steam that facility generates. Steam sales to the
soybean plant would also result in additional revenue that the Authority will use to
continue to keep waste costs manageable for the residents and to continue to serve the
community in other ways. This revenue is significant, even for an authority with
revenues in excess of eighty million dollars per year. The Authority has asked our firm
to closely monitor the status of Perdue's soybean plant.
The Authority carefully selected Perdue to be the owner of the adjacent property,
and asked many questions to ensure that the soybean plant first and foremost would not
have an adverse effect upon the region. After carefully reviewing the information that
has been provided by Perdue as part of its DEP permitting process, the Authority is
confident that the Perdue plant falls well within the applicable environmental standards
for safety. The currently proposed hexane levels for the soybean plant would make it the
lowest hexane emitting soybean plant in the US. DEP has engaged in a robust process
with significant commentary coming from many different perspectives. The Authority is
confident that DEP will make appropriate determinations, as is its administrative
function, to weigh all of the evidence presented before it and to make an appropriate
judgment about the safety of the facility.
We have also had the opportunity to review many Hellam Township
communications regarding the soybean plant. Based upon the tenor of these
communications, the Authority is concerned that Hellam Township intends to pursue
legal means to delay the Perdue plant regardless of the outcome ofDEP's substantive
revie\'l. The Authority does not understand why Hellam Township wo.uld seek to
substitute it's judgment for the judgment of DEP, a statutorily created agency of the
Commonwealth, and the Authority, a fellow municipality, with a particular charge, and
track record, for environmental protection.
The Perdue soybean plant is very important to the Authority. Delay of the plant
costs the Authority in lost energy revenues, wastes energy, and injures south central
Pennsylvania farmers. Before Hellam Township considers taking steps to delay or block
Perdue's Project, the Authority suggests, from one municipality to another, that Hellam
Township should ngage in direct discussions with the Authority as to why Hellam
Township believes that is appropriate. The Authority believes that it can provide Hellam
Township with an additional and helpful perspective on the significance of the issues
surrounding the soybean plant. To the extent the Township is unwilling to have such a

Hellam Township Board of Supervisors

October 5, 2015
Page 3

meeting and discussion the Authority will have no choice to treat action to delay or block
the plan as actions not in good faith and will take any and all actions available to it to
protect their interests in this project.
Sincerely,

N~H~1~~
alexh@hublaw.com

AH3:c1a
JW Hellam Supervisor letter.docx

cc:

James D. Warner, Chief Executive Director

Brandon S. Harter, Esquire