Wyoming Man Gets 70 Months For Bank Robbery

Act 1 Appeals Ruling That Prevents Group Home 
Appeal Calls Interpretation Of City's Zoning Laws Invalid

By P. DOUGLAS FILAROSKI; Times Leader Staff Writer
 Thursday, December 22, 1994 &nbsp;&nbsp;&nbsp;&nbsp;Page: 7A 





HANOVER TWP. -- J.P. Mascaro &amp; Sons' efforts to increase its presence in
Northeastern Pennsylvania suffered another setback, this time from the state
Department of Environmental Resources. &nbsp;&nbsp;&nbsp; 
 The agency issued a nine-page letter last week listing five "critical
concerns" in Mascaro's application to locate a waste transfer station off the
Sans Souci Parkway. &nbsp;&nbsp;&nbsp; If not addressed, the concerns could prevent Mascaro -- the nation's ninth
largest solid waste company -- from operating a proposed transfer station near
the Nanticoke city line. &nbsp;&nbsp;&nbsp; 
 "There are problems. We could not issue a permit based on what they propose
now," DER spokesman Mark Carmon said Wednesday. The agency has given Mascaro
90 days to address the issues. &nbsp;&nbsp;&nbsp; 
 William Fox, an attorney for Mascaro, said the company will have "no
problems" answering the concerns, probably by mid-January. &nbsp;&nbsp;&nbsp; 
 "Each one of them will be easily and satisfactorily addressed. These are
not major issues," he said. &nbsp;&nbsp;&nbsp; 
 The five "critical concerns" listed in the Dec. 16 letter are: &nbsp;&nbsp;&nbsp; 
 That the company would need two separate permits for the operations it
proposes to conduct. One would be for the transfer station. Another would be
for "waste processing," because of the company's plans to separate recyclables
from the waste stream. &nbsp;&nbsp;&nbsp; 
 The proposed facility may be located within one mile of a municipal park, a
disqualifying factor. The agency asked the company to "clarify" whether sports
fields at John S. Fine High School in Nanticoke constitute "municipal parks."
If so, the bid would need school officials' approval. &nbsp;&nbsp;&nbsp; 
 The lack of a drainage system to handle runoff from a sprinkler system. &nbsp;&nbsp;&nbsp; 
 The absence of drawings depicting support services outside the company's
1.5 acre-building. &nbsp;&nbsp;&nbsp; 
 The lack of a plan to handle off-site water runoff. &nbsp;&nbsp;&nbsp; 
 The agency also pointed out Mascaro's failure to list about 20 notices of
violations it received at another transfer station between 1987-89. &nbsp;&nbsp;&nbsp; 
 In response, Fox said the agency was flat wrong about some of its concerns. &nbsp;&nbsp;&nbsp; 
 He said DER's own regulations require transfer station operators to
separate out recyclables as part of the operation. He said school sports
facilities do not constitute "municipal parks." &nbsp;&nbsp;&nbsp; 
 "We're going to resubmit. And well before the 90 days," Fox said. &nbsp;&nbsp;&nbsp; 
 The concerns by DER represent the latest hurdle to what Mascaro officials
said they hoped would be the establishment of a hub for their Northeastern
Pennsylvania operations. &nbsp;&nbsp;&nbsp; 
 In October, the township board of commissioners rejected the company's bid
for a conditional use permit for the facility. Mascaro has appealed the
decision to Luzerne County Court. &nbsp;&nbsp;&nbsp; 
 Last month, the Wilkes-Barre City Council reversed an earlier decision to
award a $1.6 million garbage contract to Mascaro. The city awarded it to
Solomon Industries of Wilkes-Barre instead. &nbsp;&nbsp;&nbsp; 
 A judge allowed the city to choose another transfer station operator after
city officials argued Mascaro did not have a permit and might not receive one
by Jan. 1, when the new contract begins. &nbsp;&nbsp;&nbsp; 
 However, the company did lock up a handful of waste collection contracts
with area communities in the past couple of months, including deals with
Avoca, Pittston Township, Wilkes-Barre Township and Luzerne. &nbsp;&nbsp;&nbsp; 
 The transfer station would be helpful as a cost-efficient way to
consolidate trash from these communities before taking it to the Keystone
Landfill in Dunmore, Fox said. &nbsp;&nbsp;&nbsp; 
 In a related matter, Hanover Township Administrator Eileen Valunis said
Wednesday the township had decided to begin taking its collected recyclables
to Solomon Industries. &nbsp;&nbsp;&nbsp; 
 Previously, the township took its 350 tons per year to Mascaro's recycling
center, which is operated at the same San Souci Parkway site. &nbsp;&nbsp;&nbsp;

State Questions Could Hold Up Garbage Transfer Station The Company Expresses Confidence It Can Satisfy The State's Concerns About Its Operation