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Judge grants injunction against sludge on East Penn farm

A Carbon County judge has stepped in to block the use of treated sewage sludge, also known as biosolids, on a farm in East Penn Township.

Judge Steven R. Serfass granted a request from East Penn Township for an injunction against Synagro, which has proposed using the material on a farm owned by East Penn residents Dennis Cunfer and Wanda Crostley.

The East Penn Township supervisors asked for the injunction as part of a suit filed on Tuesday against Synagro, Dennis Cunfer, Wanda Crostley, Justin Cunfer, Katherine Hetherington-Cunfer, Deanna Cunfer and Cunfer Farm, also known as Never Done Farm.

The decision prohibits Synagro from conducting any waste operations, including but not limited to the storage and land-application of biosolids materials or sewage sludge on approximately 123.3 acres. That is the area of Cunfer’s farm that was approved for the use of biosolids by the Department of Environmental Protection.

In his decision, Serfass wrote that “immediate and irreparable injury will be sustained before notice can be given or a hearing held,” ordering that the Township’s petition be granted.

A Synagro spokesman said the company was disappointed with the decision and pointed out that the application has been approved by the Pennsylvania Department of Environmental Protection.

“Synagro concurs with Pennsylvania’s Department of Environmental Protection that land application of biosolids is a safe practice that has been deemed by the PA courts to be protected by the right to farm,” said spokesman Layne Baroldi.

Baroldi said Synagro is looking forward to working with DEP and complying with state regulations.

Serfass set a hearing for May 11 in the case.