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Residents complain of odor problem

Several Rush Township residents have asked township officials to correct an odor issue they believe is destroying the fresh air in the community.

Heidi Kubert, who lives northwest of Route 309, told the township’s board of supervisors on Thursday that she was there to “remind you about the struggle we continue to have with our basic right to breathe clean, fresh, healthy air.”

Kubert described the smells as a floral, perfume or vanilla scent.

“Although I suspect that the cause of my issue is at the hand of local industry, I am not here to put you on the defense or to criticize a particular business,” Kubert said. “Instead, I am here to express my earnest concern for the health, well-being and harmony of your families and mine, and to offer a few potential solutions to our community’s issue.”

Kubert said she wanted the township to review its current ordinance “prohibiting nuisances,” as “it appears that this regulation best aligns to the community’s foul air odor problem.”

Based on her research, she said farms are exempt from compliance to municipal odor ordinances per statutes regulated by the state Department of Agriculture.

Kubert asked that in the event the township chooses to consider revision to its current ordinance, shouldn’t caution be taken to consider inclusion of a “grandfather clause”?

“In all fairness to everyone in the community, this would allow locally established businesses, industry and individuals a limited time exemption before one is required to comply with the more restrictive rules,” she said. However, once the defined exemption time is expired, those “acquired rights” would cease, requiring everyone to commence obedience to the ordinance.”

Kubert said that odor nuisances are usually a result of a series of odor episodes experienced by residents, and that the frequency, duration, intensity, character and offensiveness of the odor are contributors to the nuisance ordinance.

“In short, my survey of area residents here in Rush Township clearly conclude that we have a public odor nuisance issue that needs to be addressed,” she said. “As area leaders, you do have the power to take action and end some people’s mindset that … we have no other choice … than to remain a victim.”

Kubert then suggested having an in-person, sit-down meeting hosted by township supervisors, suspect businesses or individuals identified through resident odor complaints who could talk privately with the board.

Board Chairman Shawn Gilbert told Kubert that the township has an ordinance for odor and nuisance smells.

Supervisor Robert Leibensperger said that the businesses are required to meet DEP standards, which they do.

Gilbert said that earlier in the day, he went and had a meeting with Reynolds Consumer Products about the scented bags produced there, and that there were no harmful toxins or pollutants.

A manufacturing plant in Tidewood Industrial Park next to the Walmart shopping plaza in Hometown, the business currently produces a line of scented Hefty brand garbage bags.

Gilbert said anyone with concerns may come to the township building and write a complaint, which the board would address.

“We can’t do any more,” Gilbert said.

Resident Denise Hafer, who lives on Cumberland Avenue — the road straight down from the Reynolds plant — said the odor makes it hard to have her windows open in the summer time.

Board solicitor Chris Riedlinger said the issue is a matter for the state Department of Environmental Protection.

Gilbert questioned that if the smell is that bad, why only a few individuals were there to voice their concerns.

Hafer said, “It’s definitely a problem in our neighborhood for sure.”

Gilbert said that if he had half of the township, a whole block, a whole road complaining about the issue, then it would be a different story.

“If they’re all checked out by DEP, there’s nothing more I can do,” he said.

Leibensperger said the township does not have the authority or ability to enforce the situation.

Riedlinger said the township’s ordinance is not drafted for enforcing DEP regulations, and noted the matter isn’t something the township has the resources or power to enforce.

A resident asked if they get a petition or signed document, would the board forward it to DEP. The supervisors said they would send it.

Leibensperger stressed that the board was not singling out Reynolds.

Gilbert said if there’s enough people complaining about the matter, then they could have a meeting.

“To try to pinpoint where it’s coming from, it’s tough to say,” he said. “It’s tough to prove.”

Riedlinger told the residents their best course of action is to continue to pursue the matter with DEP.

“This is a problem that’s way beyond the township,” Riedlinger said.