Conoy Township prepares for more ethanol plant hearings
By TOM KNAPP
Updated Oct 03, 2008 11:06

It was déjà vu Monday evening at the Bainbridge Fire Hall, as Conoy Township officials and residents once again geared up to address the possibility of a large ethanol production plant in their midst.

But for those people looking for dramatic testimony or angry complaints, Monday was a quiet disappointment.

While the conditional-use hearing process could drag on for weeks or months and might contain plenty of drama before its conclusion, Monday's hearing was mostly about getting the paperwork in order.

On the table is a plan by Lancaster Biofuels to build a $100 million corn-to-ethanol distillery on a 65-acre tract between Route 441 and the Susquehanna River, adjoining the Lancaster County Solid Waste Authority plant.

A smaller but similar plan by Penn-Mar Ethanol was met with vigorous opposition in 2004. That plan was withdrawn when Penn-Mar shifted its attention to another site outside Lancaster County.

After the announcement of a hearing for the Lancaster Biofuels plan, it didn't take long for Conoy Township residents to band together as C-POWER, a citizens group opposing the plant's construction.

And on Monday, sitting in the fire hall just three-quarters of a mile from the proposed ethanol site, many C-POWER members, along with other township residents and business owners, lined up to request "party status" for the hearing.

When Conoy Township solicitor Matthew Creme Jr. asked for those interested in obtaining party status to fill out a brief form for his records, nearly half the crowd came forward. The more than 30 people spent the next hour identifying themselves to a court reporter, being sworn in and explaining their reasons for wanting party status.

Party status, Creme said, gives them the right to ask questions, present witnesses and file appeals. Only Lancaster Biofuels and Conoy Township have automatic standing in the proceeding.

Individuals who wish simply to voice an opinion during the hearing do not need party status, he said.

During the process, most applicants identified themselves as residents of Bainbridge or nearby portions of Conoy Township. Others came in a more official capacity, representing entities such as Susquehanna Regional Police, Manor Township, Marietta Borough, Hellam Township and Lancaster County Solid Waste Authority, which not only sits next to the proposed plant but also owns the land Lancaster Biofuels wishes to purchase and occupy.

Applicants were asked how they believe the proposed plant would affect their lives or properties. Common responses included noise, air and visual pollution, property values, truck and rail traffic, water quality and the danger of a chemical spill or fire.

Counsel for Lancaster Biofuels objected to the majority of party applicants, claiming that they either did not have a direct interest in the plan "or they did not articulate a reason that would distinguish them from any other property owner in the area."

Attorney Elizabeth Witmer, representing owners of Nissley Vineyards, which sits in close proximity to the parcel, voiced her own objections — in this case against supervisor Steve Mohr, who she said has or had a financial stake in a portion of the property in question, as well as supervisors Mohr, Bob Strickland and Earl Fuhrman, all of whom toured an existing ethanol plant after the Penn-Mar application and who "may have formed an opinion as to odor, noise or dust that may not apply to this application, given that the plants are quite different."

Given the potential for bias or the appearance of subjectivity, Witmer said, all three supervisors may be legally bound to recuse themselves from this hearing.

After an executive session, the supervisors returned and declined to remove themselves from the hearing.

Mohr said the property in question was purchased by him and his family in the early 1980s. The family decided to sell it to Lancaster County Solid Waste in 2006, without any stipulations for its use.

All three supervisors denied forming a settled opinion on ethanol plants based on their previous visit.

Also, supervisors granted standing to only a dozen of the party applicants. Entities approved for standing include Marietta Borough and Hellam Township, Bainbridge Fire Company and Susquehanna Regional Police. Manor Township, which argued for standing because of its significant frontage on the Susquehanna River downriver from the proposed plant, was denied.

Nissley Vineyards as a business and John Nissley as an individual both were approved for standing, while Judy Nissley — a vocal opponent of the Penn-Mar Ethanol plan — and several other members of the Nissley family were refused.

When one individual who was denied standing asked to comment, he was silenced by Mohr. When another resident asked for clarification on the reasoning behind the board's decision, Creme said no further comments would be forthcoming.

The hearing will be continued at 6 p.m. Oct. 15. A meeting announced for Wednesday was canceled because of scheduling conflicts, Creme said.

Additional hearings have been set for Oct. 23, 24 and 29 and Nov. 19 and 21.

E-mail: tknapp@lnpnews.com

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