MAX Environmental Hazardous & Residual Waste Landfill

Presentation

How To Identify Violations & File Complaints

Why Filing Complaints Is Important

Filing complaints with the appropriate agency is important for two main reasons. First, it helps lead to the issue being resolved quickly.  If the enforcing agency notifies Max of a violation, there can be a quicker fix – this potentially means less harm done to the environment and/or community.  Secondly, complaints help to build a better record. A more robust record is a tool agencies can use to see a clearer picture about operations. For example, compliance histories can reveal patterns of violations that point to bigger issues like failing equipment or structural flaws in operations, which can ultimately be remedied through permit modifications or updates. 

Tips for filing a complaint

• Gather as much documentation as you safely can.  
  • Be sure you have legal access to all areas you access and avoid any situations that may result in injury.
• Take photos or short videos when possible. Digital photos are ideal because they can be time and date stamped. Photos taken on your smartphone can also be location-stamped, which helps the enforcing agency verify a violation. Check your settings to enable geo-tagging on your phone. 
• If your photos or videos cannot be location-stamped try to include relevant landmarks like roads or signs, that will help the enforcing agency to verify the complaint.
• If you are not able to take photographs, simply jot down handwritten notes as soon as you’re able. Be sure to include the time of day and location and as much detail as you can about your experience. 

Environmental Complaints

In general, environmental issues should be directed to the Pennsylvania Department of Environmental Protection. 

If you see any activity related to Max’s site that raise environmental concerns such as: strong odors or discolored water coming from the site, you should file a complaint by calling the number on the PADEP complaint website: 

http://www.dep.pa.gov/About/Regional/SouthwestRegion/Pages/EnvironmentalComplaints.aspx

Or, you can submit a written complaint via email by clicking on that same DEP website and scroll to the bottom of the page where it says “Environmental Complaint Form”.

*Note: You can request that your identity remain anonymous and the DEP must respect that.

Tips For Filing With DEP

There is a process for filing complaints which we have noticed helps increase the

likelihood of having officials send out an investigator. This process is to:

1. Submit at least one dated photo of the violation at the site (or as many as you like) along with your complaint,

1. Ask whomever you’re speaking with (this is whomever at DEP received your complaint), to tell you your complaint ID number and,

1. Follow up a few days later with an additional call or email to DEP. Provide them with your complaint ID number.

Water Complaints

If what you witness is pollution to the “waters of the Commonwealth” you should file complaints with two other agencies that also have jurisdiction over this issue. For example, if you see discolored or murky water being discharged into Sewickley Creek or tributaries, you should file a complaint with the PA Fish & Boat Commission and your County Conservation District. 

PA Fish & Boat Commission (PFBC): PFBC have officers that are often out in the field, and so they may already be nearby. Oftentimes, the DEP may not have anyone available to investigate the complaint for a long while. By contacting PFBC, you can increase the likelihood that an agency catches the violation before much more harm is done. 

Westmoreland County Conservation District: Also, for any environmental issues, it is important to notify the Westmoreland County Conservation District. They may be able to investigate as well and have jurisdiction to enforce certain environmental laws.  

Flooding

Max seems a bit elusive on the question of whether or not the expansion would be located in a floodplain.  The amount of water contamination that could occur if a hazardous waste landfill were flooded seems like a significant threat. Yet Max did not provide any information on local flooding records, nor did they address the roughly 100-foot wide floodplains established by PA’s Chapter 105 regulations. 

Max did however, secure a formal modification of the official FEMA floodplain map. After the revision, the proposed Landfill 7 footprint is located outside the FEMA 100-year floodplain of Sewickley Creek. 

Having additional information and records on flooding patterns will help the DEP determine whether the siting poses significant risk of flooding. If you reach out to our office we can help gather the data and submit it to DEP. 

Trucking And Traffic Complaints

If you see trucks coming to and from the site that appear to be driving unsafely or [xxx] , you can report those issues to the Pennsylvania Department of Transportation (DOT) as well as the Pennsylvania State Police.

Filing a Complaint With PennDOT

In order to best file a complaint with the DOT, it is ideal to include the ID number that’s usually located on the side of the truck. If possible, snap a photograph of the offending truck. Be aware: only stop or photograph if you are the passenger and/or you can do so safely. Do not attempt to do so while driving.

Include the ID number and all other relevant information in a complaint sent to:

Thomas A. Rebovich

Bonded Roads Coordinator

Pa. Department of Transportation

trebovich@pa.gov

724-439-7349

They can send out a team to follow up but it can be tricky because they need to catch the company “in the act.”

Filing A Complaint With State Police

PA State police are responsible for monitoring the driving practices of drivers in the area.  Report violations of traffic laws to them as promptly as possible.  

Local Ordinance Violations

South Huntington Township passed ordinance No. 26 in 2015 and it applies to businesses that: create, store, or deposit waste within the township. It’s good to familiarize yourself with these rules, so you can report an ordinance violation. If you’d like to see an original copy of the ordinance you can ask MWA staff and we’d be happy to provide you with one or you can ask your local township office for a copy. 

Some relevant sections of the ordinance:

• Max must have a chain link fence around all their operations
• No odors, dust, gas or excessive noise can leave the confines of Max’s property
• Max should not do anything that causes: injury, damage, hurt, inconvenience, annoyance, or discomfort to your ability to use or enjoy your own property
• Max must store or deposit their waste within:

1. 900 feet measures horizontally from an occupied dwelling,
2. 100 feet of a property line, and

c.100 feet of a public road or roads

If you see or experience Max’s noncompliance with these, reach out to your local Ordinance Enforcement Officer, Bernadine Flanigan, at: 724-396-4904. Cite violations of ordinance No. 26, and as with any other complaint, provide as much documentation as possible. 

Complaints To PA Department of Health

The PA DOH explains the following about filing complaints:

Difference between DOH and DEP

Both DOH and DEP receive and respond to environmental complaints. Citizens should know that, in matters of environmental concern, DOH is an advisory agency, not a regulatory one. Environmental regulation concerns are primarily managed by DEP or, on a national level, the EPA. The following is a rough guide for when to contact DEP versus DOH. It is possible that you would contact both departments.  

DEP works to protect the state’s air, land and water from pollution and ensure a clean environment. DEP is the agency to which you primarily direct your complaint or questions if your concern involves drinking water or the waterways, air quality issues or potential soil pollution believed to be related to UONGD. Additionally, DEP takes reports of spills, accidents and other releases of hazardous substances and contaminants. DEP will test the air, water or soil to determine if there is a problem.

DOH examines how different environments affect a person’s well-being. The health effects of breathing air, drinking water and more are researched in relation to specific sites where they are reviewed and investigated. Your complaint should also be directed to DOH’s Division of Environmental Health Epidemiology if you have an environmental concern that is specific to your health or the health of a family member or friend, which may be caused by the air, water or soil.

DEP has separate contact information for reporting an incident (emergency) and reporting an environmental complaint.

ONGP Health Registry

The Division of Environmental Health Epidemiology manages the oil and natural gas (ONG) health complaints registry. If you have a health concern related to the oil and gas industry in your area, please contact the division to be included in the registry. DOH environmental health staff are also available to answer general questions about health impacts of the oil and gas industry.

If you would like to file a complaint with DOH you can visit: https://www.health.pa.gov/topics/envirohealth/Pages/Contact-Environmental-Health.aspx#report

Or contact them at:

Phone: 717-787-3350

Fax: 717-346-3286

Email: env.health.concern@pa.gov

Hours: Monday-Friday, 8 a.m. to 4 p.m.