EH8 denies DEP's motion to dismiss appeal of notice of first application of biosolids even after it is withdrawn

摘要

An Environmental Hearing Board judge denied on Dec. 22 the Department of Environmental Protection's motion to dismiss Sludge Free UMBT's appeal of Synago Mid-Atlantic Inc.'s suitability notices of first land application of biosolids on three farms in Upper Mount Bethel Township, Northampton County, even though Synago withdrew the notice and also moved to dismiss the appeal. Judge Bernard A. Labuskes Jr. found exceptions to the mootness doctrine applied, saying, "The notices of first land application of biosolids that precipitated the site suitability notices, which are the subject of this appeal, and which were later withdrawn by the permittee, are likely to be repeated yet evade review, and the appellants are likely to suffer a detriment without a decision after participating in prolonged litigation in this matter."