The East Penn Township supervisors are gearing up for a legal battle to prevent the use of treated sewage sludge on a farm in the township.

Residents have come out in force since the Synagro Inc. proposed using the material also known as biosolids in January.

On Tuesday, the supervisors announced that a hearing scheduled for this Friday in Carbon County Court would be delayed at Synagro’s request. The township sued Synagro and the farmer earlier this month because they haven’t applied for a permit from the township to use biosolids.

They also authorized the township solicitor to hire experts, at a cost not to exceed $10,000, to testify when the matter eventually comes up in court.

Supervisor Alice Berger asked why the township has to pay $10,000 for experts.

“We need experts to say that it may harm the residents. They’ll have their experts, it will be a typical battle of experts,” Supervisor William Schwab said.

The township’s lawsuit states that Synagro has failed to get a permit from the township to use biosolids on a farm owned by Dennis Cunfer and Wanda Crostley. The farm is located off of Lizard Creek Road near the village of West Bowmans.

At the township’s request, Judge Steven Serfass last week granted emergency relief in the form of an injunction that blocked Synagro from using biosolids on the site.

The township filed its suit after the Department of Environmental Protection approved Synagro’s request to use biosolids on the Cunfer farm.

In addition to Synagro, they named Dennis Cunfer and his sister Wanda Crostley, as well as Cunfer’s wife, Deanna; son, Justin; daughter-in-law, Katherine; and their business, Never Done Farm.

Deanna Cunfer is a township supervisor. Katherine Hetherington-Cunfer is DEP’s director of external affairs. Both have pledged to recuse themselves from acting in their official capacities on the plan.

Katherine Hetherington-Cunfer wrote a letter to the Attorney General’s office arguing that the township’s ordinance conflicts with Pennsylvania’s Agriculture, Communities and Rural Environment ordinance. As a result, the AG’s office is investigating whether to challenge the ordinance in court. Before taking her position at DEP, Hetherington-Cunfer worked in a unit of the AG’s office dedicated to enforcing ACRE.

Schwab said the township has cooperated with the AG’s office in their review of the ordinance.

The supervisors have also filed a complaint against Deanna Cunfer with the state’s ethics commission, alleging she provided Hetherington-Cunfer with a document summarizing the ordinance that was only meant for use by the supervisors.