Natural Soil Products has until Monday to submit retroactive zoning permit applications for four unapproved buildings and its biosolids processing facility, or face daily fines and legal action from Schuylkill County.
The official enforcement notice, sent from the county’s Planning and Zoning office and dated Aug. 19, gives the biosolids processing company until Sept. 21 to correct the violations by submitting complete zoning permit applications and paying the required fees.
This zoning crackdown from Schuylkill County comes as NSP is simultaneously seeking to renew its municipal waste processing permit with the Pennsylvania Department of Environmental Protection (DEP). Schuylkill County Commissioners have asked the state to deny NSP’s permit renewal.
Following an Aug. 12 investigation into the company’s 100-acre facility off Route 125 in Frailey and Porter townships, the county zoning office determined NSP is operating in direct violation of the Schuylkill County Zoning Ordinance.
The primary violation involves an unauthorized change of use. Schuylkill County alleges NSP never filed an application to allow it to operate as anything other than a “leaf and yard waste composting facility”. County records, according to the enforcement notice, point to Zoning Permit No. 9125 issued in 1992 that allowed only that use. Schuylkill County says NSP must secure a new zoning permit to legally operate as a biosolids processor.
The county is also alleging that NSP constructed four new buildings on its property without proper authorization. It used aerial photography to identify four unpermitted structures built across the company’s parcels in Frailey and Porter townships over the last decade. The unapproved structures include:
- An approximately 105,000-square-foot building constructed between 2018 and 2021 on the Frailey Township parcel.
- An approximately 88,000-square-foot building built between 2016 and 2018, also in Frailey Township.
- An approximately 900-square-foot building added between 2016 and 2018 near the entrance and scales on its Porter Township parcel.
- A 20,000-square-foot building visible in 2015 imagery. County records say this structure “may” correspond to a 46,443-square-foot maintenance building approved in 2004, but say the observed size differs substantially from what was permitted.
To avoid penalties, NSP must submit complete applications to the Schuylkill County Planning and Zoning Department, along with a $100 fee. The notice warns that if the zoning officer cannot approve the retroactive applications, NSP may be forced to seek approval from the Schuylkill County Zoning Hearing Board.
If the company fails to submit the required applications or file an appeal with the Zoning Hearing Board by Monday, 30 days from receipt of the Aug. 19 enforcement notice, the County can take the matter to District court. Violations of the ordinance carry a penalty of up to $500 per day, plus all court costs and legal fees incurred by the County.
Subscribe to Coal Region Canary
Get email updates from Coal Region Canary by becoming a subscriber today. Just enter your email address below to get started!Support Coal Region Canary
Like our reporting and want to support truly local news in Schuylkill County? Your small donations help. For as little as $5, your contribution will allow us to cover more news that directly affects you. Consider donating today by hitting the big yellow button below ...