The zoning hearing last evening in Elizabeth Township regarding Invenergy’s proposed natural gas-fired power plant along the Yough went very well. Over 250 people were in attendance; most were in opposition to the plant. The hearing, which began at 7PM, adjourned over an hour late and was continued until March 17. Invenergy began last evening with a presentation and concluded with three witnesses discussing the environmental contamination that presently exists at the site, the specifics of the plant itself, and reasons why they believe the site could never be developed for residential use.
Invenergy is not asking the township to rezone the approximately 600-acre former waste dump from suburban to industrial. Instead, they are instead asking for a use variance to allow for the plant, which will sit on approximately 22 acres, to be built as a conditional use (rather than a permitted use) in a residential district. In other words, Invenergy is requesting permission to locate over 20 acres of industrial activity in a portion of the township that is zoned as suburban-residential. They claim to be taking this approach because of an earlier Pennsylvania Supreme Court decision that allowed a contaminated parcel of land in a residential district to be developed as a parking lot because it would cost too much to develop it for residential housing.
Invenergy’s attorney stated that, “by reclaiming this brownfield the Allegheny Energy Center project will provide the community with a beneficial reuse of otherwise unusable property.”
Invenergy seems to be operating on the premise that this property must be used for something. This issue was raised by a member of the Zoning Hearing Board who asked why the property could not just remain as it is— a brownfield, yes, but one that has been partially reclaimed and is relatively stable. Several portions of the site have been remediated. The remaining area, referred to as the “adjacent areas” in Invenergy’s application, is likely contaminated as well according to DEP. Neither DEP nor Invenergy know the extent of the contamination in the adjacent areas. A member of the ZHB asked how Invenergy planned to develop the site when they don’t know if contamination exists or if so, the extent of this contamination, and wondered if Invenergy was going to “open a new wound” in the township.
Invenergy also stated that water for the project “might come from the river” but if they have a plan for getting water to the project they did not state it. We also learned that natural gas will be piped to the site and that those pipelines will have to be constructed as they are not yet in place.
The Zoning Hearing Board is committed to seeing that everyone who wishes to testify will have an opportunity to do so. Last night’s hearing concluded with our counsel (Fair Shake Environmental Legal Services representing MWA and Protect ET) questioning Invenergy’s experts. The hearing was continued until March 17 when members of the public will be given an opportunity to ask questions of Invenergy’s experts, and we hope to call experts of our own on that date. Notice of this continued hearing will be provided (stay tuned for details) but right now we are expecting the hearing to continue at Elizabeth Forward Middle School at 7PM on March 17.
Many thanks to all of the community members and river advocates who attended last evening. It was a very strong showing of support and the Zoning Hearing Board members clearly felt empowered to represent the interests of their community.