THE LATEST: By May 2023, Modern Landfill completed upgrades to its wastewater facility by introducing a reverse osmosis (RO) treatment system. Although it has corrected the permit violations, we are still seeing discharges of PFAs to Kreutz Creek.

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We recently went through the process of discovery and still have unanswered questions. We are continuing our water monitoring of Kreutz Creek and are urging the PA Department of Environmental Protection to monitor this stream and if necessary, impose additional permits necessary for further treatment of leachate that leaves the site. We hope to settle our claims soon which will help restore the Kreutz Creek watershed.

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On March 25, 2024 the U.S. District Court for the Middle District of Pennsylvania ordered Modern Landfill of York, PA, which is owned and operated by Republic Services, to stop hiding the fact that it is sending millions of gallons of concentrated wastes containing per- and polyfluoroalkyl substances (PFAS) (so-called “forever chemicals”) to Harrisburg’s Capital Region Water (“CRW”) wastewater treatment plant, where it is discharged without significant further treatment into the Susquehanna River. The federal court’s decision makes clear that Modern Landfill may not permissibly keep such information secret, as it has attempted to do, but instead it must be made available to the public. 

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We have sent a letter to the DEP citing our concerns and requested that additional permitting be required and the waste be disposed of at a proper facility. This ongoing issue remains a top priority.

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BACKGROUND:

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Modern Landfill Expansion

In 2019, most residents of Lower Windsor Township were expecting Modern Landfill to halt operations in a very few years when the current site could take no more trash. Republic Services, the operator of Modern, had however been quietly negotiating with township officers for their agreement to host a new landfill to cover several farms adjacent to the current permitted location.

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When the regular Board of Supervisors meeting for December 12th, 2019 included an agenda item to vote on a host agreement for a new landfill (Republic called this an “expansion,”) residents packed the meeting room and unanimously objected to Republic’s proposal. The supervisors tabled the vote, the opposition from residents persisted and eventually a survey of all township residents was conducted. After 12 months of careful consideration, with a roll call vote in which each of the three supervisors explained his reasons, the township rejected further discussions with Republic and did not approve the expansion.

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The decision by the supervisors is significant because they are the governing body of the township and only they can amend the township’s ordinance and zoning map that currently prevents a landfill from being sited in areas zoned “Agriculture,” which most of the parcels in the proposed “expansion” are. PA Department of Environmental Protection will not consider permitting a new landfill that does not comply with a municipality’s zoning ordinances.

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Republic Services complains that they should be allowed their new landfill because they own the property. However, this is not how zoning ordinances work, as many property owners have found out the hard way. Moreover, the property consists of several dozens of parcels acquired over many years. For the parcels acquired between 1998 and 2015, Republic and Waste Management (the previous operating company) did so in full knowledge they had executed an agreement preventing them from ever “expanding” again.

[Click to view – 1998 agreement w/ Windsor Twp.]

For parcels acquired after 2003, they knew that industrial activities (e.g., landfill) were not permitted, as the land was zoned “Agriculture.”

[Click to view – Zoning Map] Acquisition of the last “keystone” parcel of 113 acres that tied all of the others together didn’t occur until January 2, 2020, well after the supervisors had tabled executing a new Host Agreement in lieu of reconsidering its wisdom. Republic has no grounds for protest on the basis that they own the property. We will be following this carefully as attempts to overtake the board of supervisor positions to favor an expansion and zoning changes remains an immediate threat.