west nottingham township, Study notes of Law

Matthew Krause, 2209 Buck Rub Drive, Nottingham, PA – Sewage is billed based on the water consumption rate. If you don't have public water, ...

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WEST NOTTINGHAM TOWNSHIP
Act 537 Regional Sewage Facilities Plan Special Meeting Minutes
May 9, 2007
Chairman Gerald Cox called the meeting to order at 7:00 p.m. The pledge of allegiance was
followed by a moment of silence. Mr. Cox turned the meeting over to Vice-chair David Ross to
conduct the special meeting to hear public comments, questions and concerns regarding the Act
537 Regional Sewage Facilities Plan.
The following were in attendance: Gerald Cox, David Ross, Eric Todd, Candace Miller, Mike
Kaszyski, Blair Fleischmann, Ron Kepler, Dave Shelton, Howard Blackburn, Jr., Joel Biven,
William B. Crouch, Bob Bradley, Dottie Bradley, Spencer Andress, Richard Sweeney, Brian
Campbell, Ruth Galantino, Jan Krause, Matthew Krause, Joyce Kimble, Walt Kimble, Joanne
Campbell, Norman Brown, Melanie Hesse, Wilson King, Robert Russell, and Hugh Cannes.
INTRODUCTION
Mr. Ross announced that the Oxford Area Sewer Authority (OASA) is required to have a 30-day
comment period to receive comments from residents in the municipalities which make up the
OASA regarding the proposed Act 537 Regional Sewage Facilities Plan. However, the OASA is
not required by law to hold a public hearing to receive comments. The West Nottingham
Township Board of Supervisors felt it was important for residents to have a forum in which
comments, questions and concerns could be submitted. Mr. Ross said that any question
submitted in writing will be answered in writing. In addition, all questions submitted in writing
will appear in Appendix P along with the answers, and they will be submitted to DEP for
consideration during the review of the plan. He encouraged attendees to write there questions,
concerns and comments down on index cards, available on the sign-in table, and give them to the
Secretary at the end of the meeting. Attendees were also given the option to complete their name
and address on the card, turn it in to the Secretary, and allow her to transcribe the questions and
comments. Mr. Ross noted that attendees were not required to submit comments tonight, but he
reminded everyone that the comment period ends on May 19, 2007. Mr. Ross reminded
attendees that the Board was not here to answer their questions, but to offer a forum in which
they could voice their opinions, concerns, comments and questions.
DISCUSSION
Howard C. Blackburn, Jr., 165 Cemetery Road, Nottingham, PA – Are the plans for the
sewer the same or have they been changed? Why wouldn’t the problem areas be addressed first?
Norman Brown, 544 East Christine Road, Nottingham, PA – Is this a 20 year plan? How
long before everyone gets sewer? Will the plan have to be resubmitted in 10, 15 or 20 years?
Mr. Mike Kaszyski of Gilmore & Associates explained that the plan was a 10-year plan. He
used the service area plan map to show that the areas in green would have sewer in 0-5 years
while the areas in blue could expect sewer in 5-10 years. He noted that West Nottingham
Township has only a small pocket of green and blue with most of the township. Mr. Kaszyski
confirmed that a new plan would have to be submitted in 10 years. He added that the current
plan addresses only what is in the pipeline right now.
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WEST NOTTINGHAM TOWNSHIP

Act 537 Regional Sewage Facilities Plan Special Meeting Minutes May 9, 2007

Chairman Gerald Cox called the meeting to order at 7:00 p.m. The pledge of allegiance was followed by a moment of silence. Mr. Cox turned the meeting over to Vice-chair David Ross to conduct the special meeting to hear public comments, questions and concerns regarding the Act 537 Regional Sewage Facilities Plan.

The following were in attendance: Gerald Cox, David Ross, Eric Todd, Candace Miller, Mike Kaszyski, Blair Fleischmann, Ron Kepler, Dave Shelton, Howard Blackburn, Jr., Joel Biven, William B. Crouch, Bob Bradley, Dottie Bradley, Spencer Andress, Richard Sweeney, Brian Campbell, Ruth Galantino, Jan Krause, Matthew Krause, Joyce Kimble, Walt Kimble, Joanne Campbell, Norman Brown, Melanie Hesse, Wilson King, Robert Russell, and Hugh Cannes.

INTRODUCTION

Mr. Ross announced that the Oxford Area Sewer Authority (OASA) is required to have a 30-day comment period to receive comments from residents in the municipalities which make up the OASA regarding the proposed Act 537 Regional Sewage Facilities Plan. However, the OASA is not required by law to hold a public hearing to receive comments. The West Nottingham Township Board of Supervisors felt it was important for residents to have a forum in which comments, questions and concerns could be submitted. Mr. Ross said that any question submitted in writing will be answered in writing. In addition, all questions submitted in writing will appear in Appendix P along with the answers, and they will be submitted to DEP for consideration during the review of the plan. He encouraged attendees to write there questions, concerns and comments down on index cards, available on the sign-in table, and give them to the Secretary at the end of the meeting. Attendees were also given the option to complete their name and address on the card, turn it in to the Secretary, and allow her to transcribe the questions and comments. Mr. Ross noted that attendees were not required to submit comments tonight, but he reminded everyone that the comment period ends on May 19, 2007. Mr. Ross reminded attendees that the Board was not here to answer their questions, but to offer a forum in which they could voice their opinions, concerns, comments and questions.

DISCUSSION

Howard C. Blackburn, Jr., 165 Cemetery Road, Nottingham, PA – Are the plans for the sewer the same or have they been changed? Why wouldn’t the problem areas be addressed first?

Norman Brown, 544 East Christine Road, Nottingham, PA – Is this a 20 year plan? How long before everyone gets sewer? Will the plan have to be resubmitted in 10, 15 or 20 years?

Mr. Mike Kaszyski of Gilmore & Associates explained that the plan was a 10-year plan. He used the service area plan map to show that the areas in green would have sewer in 0-5 years while the areas in blue could expect sewer in 5-10 years. He noted that West Nottingham Township has only a small pocket of green and blue with most of the township. Mr. Kaszyski confirmed that a new plan would have to be submitted in 10 years. He added that the current plan addresses only what is in the pipeline right now.

Norman Brown, 544 East Christine Road, Nottingham, PA – Does the plan include water and sewer? What will flush the waste out? I am concerned with the rise in population. Where will the water come from?

Mr. Kaszyski said that this is a planning issue for the OASA and Chester Water Authority (CWA) to consider.

Robert Russell, 160 Cemetery Road, Nottingham, PA – Will hook-up to the sewer be mandatory? How much will it cost?

Mr. Ross said that local ordinances will govern hook-ups. The current ordinance says that hook- ups are required within 150 feet of a sewage line. However, before public sewer comes to the Township, the ordinance will be changed. As long as your septic system is in good working condition, residents will not be required to hook-up to the sewer.

Joanne Campbell, Calvary Road, Oxford, PA – The proposed capacity is 38.2 million gallons of sewage and there is a consent order from DEP requiring 22.7 million gallons. Does the 38. million gallons include the consent order?

Mr. Kaszyski noted that the OASA can not spray as often in the winter so they are looking to expand their storage facility. He said that the 38.2 million gallons does include the 22.7 million gallon consent order from DEP.

Joanne Campbell, Calvary Road, Oxford, PA – How much of the expansion is related to the consent order? Is the storage going to be enough?

Howard C. Blackburn, Jr., 165 Cemetery Road, Nottingham, PA – If the area expands, will the OASA build another plant? In a contractor’s meeting, the OASA said the sewer line would stop in front of 165 Cemetery Road. Where will the water come from to move the sewage?

Blair Fleischmann, 5330 Homeville Road, Oxford, PA – Where is the water source for West Nottingham Township and other municipalities?

Mr. Ross said there have been informal discussions with the CWA, but that is a separate process for the Act 537 plan. Mr. Kaszyski confirmed that future water sources are not part of the process.

Matthew Krause, 2209 Buck Rub Drive, Nottingham, PA – Sewage is billed based on the water consumption rate. If you don’t have public water, how will you will you bill for sewage disposal?

Howard C. Blackburn, Jr., 165 Cemetery Road, Nottingham, PA – How can you put a sewer system in without public water? Would you need to have a pump put in to move water?

Mr. Kaszyski confirmed that a sewer pump would have to be installed, along with a holding tank and possible and grinding pump.

Wilson King, 1140 Chrome Road, Oxford, PA – Is the big advantage the reduction in nitrogen phosphates in the water? Is it an environmental benefit?

Joanne Campbell, Calvary Road, Oxford, PA – My house is near a spray field in Upper Oxford Township. There is a 50 foot buffer around the field; we have smelled the spray for a week. What is the direction of the prevailing winds within the spray field?

Hugh Cannes – How will the EDUs be allocated and how often?

Mr. Kaszyski said that 680,000 gallons have been designated for developers, and 440, gallons a day will be available for the municipalities. Mr. Ross said it would be on a first come, first serve basis. A consortium of developers is building the plant and selling it back to the OASA. In exchange for doing that, the developers will not have to pay the tapping fees. The OASA will distribute the remaining EDUs.

Melanie Hesse, 9180 Hichan Hill Road, Oxford, PA – An EDU is defined as 220 gallons a day. DEP recommends 262.5 gallons a day. How was the 220 gallons derived? What purpose would it serve? If the value should be higher, then the developers would have first choice leaving fewer for the municipalities.

Mr. Todd said that the Board of Supervisors was told that 220 gallons per day was a high number and the actual usage would be less.

Melanie Hesse, 9180 Hichan Hill Road, Oxford, PA – I’m concerned that once the pipes go into the subdivisions, the houses will get bigger and families will get larger. How was the 220 gallons per day derived? What are the implications of the organic load?

Mr. Kaszyski noted that water usage can be reduced with low-flow devices. That would result in the same usage with a higher organic load.

Hugh Cannes – Mobile home parks have community water and a community septic system. Are these systems governed by the OASA?

Mr. Ross said that these systems are outside OASA’s responsibility. Title 25 states that the municipality is responsible for sewage in the township.

Joel Biven, 11 Limestone Road, Oxford, PA – If the expansion occurs and the area experiences an excessive amount of rain, how would the storage be handled? In other words, how does the OASA know that the 124.2 million gallons is sufficient storage capacity?

Mr. Kaszyski said that rainfall affects the storage lagoon’s capacity as well as the days that you can spray. Rainfall events are built into the storage lagoon’s capacity.

Melanie Hesse, 9180 Hichan Hill Road, Oxford, PA – West Nottingham Township is on the far reaches of the area. Did West Nottingham Township think they would have more involvement? A public authority is created to protect the health, safety and welfare of the community. This plan does not address the public’s health, safety or welfare. It does, however, take care of the developer’s welfare. Isn’t the OASA made up of representatives from each municipality?

Mr. Ross responded by saying that the OASA has a charter and by-laws.

Melanie Hesse, 9180 Hichan Hill Road, Oxford, PA – How does this particular activity mesh with the OASA’s charter? Does this plan follow the Charter?

CLOSING

Mr. Ross thanked everyone for attending and encouraged attendees to submit their concerns in writing.

ADJOURNMENT

Mr. Cox moved to adjourn the regular meeting at 8:32 p.m. Mr. Todd seconded the motion. Motion carried unanimously.

Respectfully Submitted,

Candace Miller Secretary/Treasurer