Cherokee Biotechnology Plant Defeated!

Hi everyone!
Excellent news from Chester Residents Concerned for Quality Living, Chester, PA.

This afternoon C. Rupert of The Department of Environmental Protection called CRCQL office to tell us of a decision on Cherokee BioTechnology (Cherokee Environmental Group) application for processing petroleum contaminated soil here in Chester.

In 12/95 Cherokee applied for a permit. In February 1997 a public hearing was held in Chester on the permit, CRCQL was able to turn out over 200 people to the hearing. The hearing was attended from every organization possible in Chester, residents and our suburban neighbors both turned out to send a strong message to DEP that if they issued this permit we would not be responsible for our actions. Apparently the DEP has finally gotten the message because today the have DENIED, DENIED, DENIED, DENIED, DENIED, DENIED, THE PERMIT FOR CHEROKEE. the following comes from the denial letter to Cherokee & is why DEP denied the waste permit.

1. The application does not provide complete and accurate information regarding the identification of interests & compliance information pertaining to the applicant & related parties, in violation of 287.124 relating to identification of interest & 287.125 relating to compliance info. (all thanks goes to Brian, (EBIC) for the kickass job in getting the info to CRCQL)

2. The application does not provide sufficient detail or design information to allow the DEP to approve the method proposed for protecting the facility form a 100 year flood, in violation of 297.106 & 297.232 relating to soil erosion & control plans for construction & operation of the facility, & 2973.202 relating to DEP approval of the flood protection method.

3. Does not provide sufficient information to allow DEP to adequately determine the potential for, or the need for mitigation of, harm to the surrounding community from noise impacts related to the operation of the facility, in violation of 287.127

4. Sufficient info on pre-treatment, treatment & post treatment parameters for each category of waste proposed to be accepted at the facility to (1) support of effectiveness of the applicant's bioremediation methodology at the proposed facility or (2) to allow DEP to determine the adequacy of the proposed waste acceptance plan, in violation of 287.132 relating to chemical analysis of waste, 287.134 relating to wste analysis plan & 297.101 relating to the process to be used at the facility.

5. With the department's denial of the air plan applicaton, the applicaiton fails to demonstrate compliance with the Air Pollution Control Act, in violation of 297.218 & 35 P.S. 6018.502.

The air permit denial:

1. company failed to demonstrate the best available technology for the processing of virgin petroluem contaminated soil.

2. failed to adequately respond to para 2, pg 7 of DEP's 6/7/97 letter to submit the techinical & economic justification as to why the bldg should not meet the total enclosure techniques as set forth in 40 CFR 60.713.

3. failed to adequtely to para 1, pg 7 of the department's 6/697 letter & to submit a detailed explanation of how a malfunction of the air pollution control devices or the processing equipment will be dealt with as required by 25 PA Code 127.12.

This is the first time that DEP has denied a permit in Chester. Thanks goes to all who sent in letters, emails, phone calls, protests, and generally have supported CRCQL. This victory is extra sweet because it is very near our five year anniversary!!

I hope that all who are in similar battles to take encouragement from our victory, that it can be done!!!!

"no weapon formed against thee shall be prosperous" -the BOOK
Thermal pure bankrupt, Westinghouse no profits,

"He shall make your enemies your footstool"
Delcora, Abbonizio, Cherokee, DEP

Special thanks to Liz Covington, of North Carolina, CCHW Stephen Lester, Mike Ewall, Del. Valley Toxics Coalition, and the students to many to name (yall know where you are in my heart) who provided me with tons of info on these jokers. Hope we kick their asses all the way back to North Carolina.

As for today we will bask in our victory and be thankful and appreciative of those who have lended, led and helped us along our way. I cannot express our happiness. XOXO



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Last modified: 11 November 1997