Elcon Case Could See Courtroom By Spring, Solicitor Says

Elcon’s appeal of the Falls Township Board of Supervisors’ unanimous 2019 decision to reject the firm’s land development plans for a proposed hazardous waste treatment facility could come before a Bucks County judge this year. 

At Monday’s Supervisors’ meeting, Falls Township Solicitor Michael Clarke said that at a December 20 hearing the court said Elcon has 30 days to submit a brief. After that, the township will have 30 days to submit their response, with Elcon getting another 10 days to file a rebuttal.

After the paper briefs are filed, the case could make its way before a judge and arguments would be made in open court.

Clarke said that he expects the oral arguments to take place in April or May. 

Following the township’s April 2019 rejection of the plan, Elcon filed an appeal in county court later that spring.

The appeal made the argument that Falls Township officials did not act in good faith and with a sound legal decision when denying the Israeli firm’s plan to construct their “state-of-the-art” facility on a 22-acre portion of a 33-acre property at 100 Dean Sievers Place in the Keystone Industrial Port Complex. According to past filings with the state, Elcon expects to employ about 55 people at the automated facility that can handle about 410 metric tons of waste a day. The facility has been expected to process 150,000 to 210,000 tons of chemical and pharmaceutical waste that would be transported to the facility via area roads every year.

“The township and the board breached their duty of good faith by, among other things, failing and refusing to openly and fairly discuss technical and ordnance requirements relating to the revised plans and failing to provide appellant a reasonable opportunity to cure any alleged defects relating to the proposed project after such discussion,” Elcon lawyers stated.

In their initial 40-page filing, Elcon said the denial of the application was “erroneous, arbitrary, capricious, an abuse of discretion, and contrary to law.”

Elcon still has their application before the Pennsylvania Department of Environmental Protection (DEP).

Last month, the DEP requested several clarifications from Elcon concerning their proposed groundwater monitoring program.

Residents from around the region have voiced their concerned and turned out in force to object to Elcon’s plan.

Related:

• Elcon Appeals Falls Twp.’s Denial
• Regulators Issue Notice Of Intent To Deny To Elcon Application
• Falls Twp. Supervisors Deny Elcon Hazardous Waste Treatment Proposal
• Elcon Land Development Comes Before Falls Twp. Supervisors On Tuesday
• Falls Twp. Planners Turn Down Elcon’s Plan
• Falls Twp. Supervisors Schedule Special Meeting On Elcon Plans
• Residents Come Out In Droves To Speak Against Elcon; Township To Hold Special Meeting
• Residents Sound Off To State Regulators About Elcon Plan
• Activists Hosting Meeting On Elcon In Fallsington
• At NJ Meeting, Activists Raise Alarm Over Elcon Facility
• Elcon Plans Undergoing Technical Review
• PA DEP Returns Elcon Phase II Application
• Hazardous Waste Treatment Facility Plans To Again Undergo State Review Process
• Elcon Phase II Application Returned By State Officials
• ‘Fridays With Fitzpatrick’ Rally Takes Environmental Focus
• Phase II Application Submitted For Proposed Elcon Facility
• Elcon Moving Forward With Hazardous Waste Treatment Facility Development Plans
• Bristol, Middletown Pass Resolutions Opposing Elcon
• County Commissioners Say They Trust DEP With Elcon Process
• Elcon To Submit Documentation To State Within 70 Days
• Elcon Presents To Lower Makefield & Tullytown Stresses Opposition to Falls
• Elcon Attempts To Clean Up Narrative Regarding Proposed Facility Near Delaware River
• Public Meeting On Proposed Hazardous Waste Treatment Facility Set For Tuesday
• Falls Will Not Take Action To Prevent Elcon
• Opponents Of Proposed Hazardous Waste Treatment Facility Work On Battle Plan
• Proposed Hazardous Waste Treatment Facility Passes Phase I Of DEP Application
• Opponents Speak Against Proposed Hazardous Waste Treatment Facility At Commissioners Meeting
• Bristol Twp. Officials Don’t Want Hazardous Waste Trucks Trucks On Township Roads
• Philadelphia Water Department Study Says Proposed Facility Could Put “Millions At Risk”
• Dozens Come Out To Public Hearing For Proposed Hazardous Waste Treatment Facility
• Company Promises Residents Hazardous Waste Treatment Facility Will Be “Clean, Green & Sustainable”
• Public Does Not Seem Impressed With Proposed Liquid Hazardous Waste Treatment Plant
• Hazardous Waste Treatment Facility Proposal Could Come Back To Falls Twp.
• Plans For Hazardous Waste Treatment Facility In Falls Get Denied By DEP
• N.J. Towns Oppose Proposed Falls Twp. Hazardous Waste Treatment Center
• Company Hoping To Build Hazardous Waste Treatment Facility Cancels Next Meeting in Falls
• Residents Voice Concerns On Hazardous Waste Facility in Falls