Elcon Recycling Services has filed an appeal with the Bucks County Court of Common Pleas for its application to build a toxic waste facility in Falls Township.
This move comes after the Falls Township Board of Supervisors unanimously rejected Elcon’s application this past April. Supervisor Chairman Bob Harvie told this news organization the board members had their minds made up going into the meeting.
“The things they would need to change, I don’t think they can change,” Harvie said after the meeting. “Elcon didn’t present anything that changed our view of the deficiencies, especially when it came to fire protection and not abiding by the subdivisional land development ordinance.”
Fellow Supervisor Jeff Boraski backed Harvie up, saying input from locals definitely influenced their decision.
“We have received multiple emails and phone communications, spoken with residents and the public, and I think at this point the Supervisors have spoken. We’re hoping to put an end to Elcon.”
But Elcon is back, and is using Falls Township’s passion against itself. Throughout the meeting on Apr. 30, Fox Rothschild attorney Kimberly Freimuth battled back against a tide of angry residents. She even intense questioning from some supervisors.
At the meeting, Freimuth painted a picture of Falls Township rushing towards a decision without giving Elcon a fair chance.
“We have received review letters, at this point, from the township fire marshall, the township engineer, and the township traffic consultant as recently as today,” Freimuth told the board. She said there was no way Elcon could have adjusted to the outlined concerns in such a short time.
In an email to the Bucks County Courier Times, Fox Rothschild attorney Joel Bolstein struck a similar chord. He wrote Falls Township acted in “bad faith.”
“The appeal speaks for itself. For all the reasons set forth in the appeal, Elcon strongly believes that the township acted in bad faith when it voted to deny Elcon’s preliminary land development plan,” the statement said. “Elcon intends to continue its efforts to obtain all of the permits and approvals needed for its proposed facility.”
Elcon is also readjusting after the Pennsylvania Department of Environmental Protection issued an “intent to deny” against their plan last month.