OO on Appellant Lowhill Township's Motion to Strike and Permittee CRG Services Management, LLC's Petition to Intervene

OCR transcription for search; preserved printed pages are authoritative

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COMMONWEALTH OF PENNSYLVANIA
ENVIRONMENTAL HEARING BOARD

LOWHILL TOWNSHIP

v. : EHB Docket No. 2026-041-BP
: (Consolidated with EHB Docket
No. 2026-049-BP)
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF ENVIRONMENTAL
PROTECTION and CRG SERVICES : Issued: July 29, 2026
MANAGEMENT, LLC, Permittee :

OPINION AND ORDER
ON APPELLANT LOWHILL TOWNSHIP’S MOTION TO STRIKE AND
CRG SERVICES MANAGEMENT, LLC’S PETITION TO INTERVENE

By Paul J. Bruder, Jr., Judge
Synopsis
The Environmental Hearing Board (“Board’’) denies Appellant Lowhill Township’s
(“Appellant” and “Township”) Motion to Strike and denies Permittee CRG Services Management,
LLC’s (“Permittee” and “CRG”) Petition to Intervene. CRG is already a party to this appeal; thus,
CRG’s Petition to Intervene is procedurally improper and the Township’s Motion to Strike is moot.
OPINION

Background

This appeal centers around a Private Request made by CRG under the Pennsylvania
Sewage Facilities Act, Act of January 24, 1966, P.L. 535, as amended, 35 P.S. § 750.1-750.21;
and rules and regulations promulgated thereunder, 25 Pa. Code § 71.14(a).

CRG is the equitable owner of property located in Lowhill Township on which it proposes

to construct a 299,880 square-foot warehouse to be served by an on-lot sewage disposal system

Rachel Carson State Office Building — 2"¢ Floor! 400 Market Street, P.O. Box 8457 | Harrisburg, PA 17105-8457 | T: 717.787.3483 | F: 717.783.4738
www.ehb.pa.gov

(the “facility”). On or about September 25, 2025, CRG submitted a Private Request to Appellee
Pennsylvania Department of Environmental Protection (“Department”) requesting that the
Department order the Township to revise its Official Sewage Facilities Plan to provide adequate
sewage disposal for the facility. Specifically, CRG requested that the Department direct the
Township to approve a Sewage Facilities Planning Module Component 2, thereby permitting the
use of an on-lot sewage disposal system for the facility. (See Appellant’s Notice of Appeal, Ex.
“A” at EHB Docket No. 2026-041-BP).
Appeal I

By letter dated April 7, 2026, the Department granted CRG’s Private Request. (/d). On
May 7, 2026, the Township filed a Notice of Appeal with the Board challenging the Department’s
approval of CRG’s Private Request, which the Board assigned to Docket No. 2026-041-BP
(“Appeal 1”). CRG was served with a copy of the Notice of Appeal on May 7, 2026 by Appellant.
CRG was listed as a party appellee in the Board’s Pre-hearing Order No. 1.
Appeal 2

On or about April 24, 2026, the Department issued an Administrative Order to the
Township to revise its Official Sewage Facilities Plan to include the Sewage Facilities Planning
Module Component 2 and submit an updated Act 537 Plan to the Department. (See Appellant’s
Notice of Appeal, Ex. “A” at EHB Docket No. 2026-049-BP). On May 24, 2026, the Township
filed an appeal of the Department’s Administrative Order, which the Board assigned to Docket
No. 2026-049-BP (“Appeal 2”). CRG was listed as a party appellee in the Board’s May 26, 2026
Pre-hearing Order No. 1. On June 13, 2026, the Township filed an Amended Notice of Appeal in
Docket No. 2026-049-BP, which listed CRG as a party/permittee in the caption. On June 13, 2026,

CRG was served by Appellant with a copy of the Amended Notice of Appeal.

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Consolidation and Petition to Intervene

On June 17, 2026, Appellant again served both Appeal | and Appeal 2 Notices of Appeal
forms upon Counsel to CRG by electronic mail. (See Motion to Strike, Ex. “A”). On July 1, 2026,
CRG’s counsel entered their appearance in Appeal | and filed a Petition to Intervene pursuant to
25 Pa Code § 1021.81. On July 2, 2026, CRG’s counsel entered their appearance in Appeal 2, and
on July 7, 2026, filed a Petition to Intervene pursuant to 25 Pa. Code § 1021.81. On July 7, 2026,
the parties jointly (including CRG) filed a letter with the Board requesting Appeal 1 and Appeal 2
be consolidated. On July 8, 2026, the Board issued an order consolidating the appeals at EHB
Docket No. 2026-041-BP (Consolidated with 2026-049-BP).

On July 21, 2026, the Department filed a letter consenting to CRG’s Intervention in the
appeals. On July 22, 2026, the Township filed a Motion to Strike CRG’s Petitions to Intervene
arguing the Petitions were moot and procedurally improper as CRG was already a party to the
consolidated appeals. Notably, the Township did not argue against CRG’s inclusion in this appeal,
but merely that its Petition to Intervene was procedurally improper and unnecessary.

Discussion

The issue of whether CRG needed to file a petition to intervene in this matter is governed
by 25 Pa. Code § 1021.51(h). Pursuant to 25 Pa. Code § 1021.51(h), a potentially adversely
affected person to an appeal includes:

1. The recipient of a permit, license, approval, certification or order.

2. In appeals involving a decision under section 5 or section 7 of the
Pennsylvania Sewage Facilities Act (35 P.S. §§ 750.5 or 750.7), any
affected municipality, its municipal authority, the proponent of the request,
when applicable, and any municipality or municipal authority whose official
plan may be affected by the decision or a decision of the Board in the appeal.

3. A mining company, well operator, or owner or operator of a storage tank in
appeals involving a claim of subsidence damage, water loss or

contamination.
4. Other interested persons as ordered by the Board.

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25 Pa. Code § 1021.51(h)(1)-(4) (emphasis added).
The regulations further provide that:

The service upon the recipient of a permit, license, approval, certification or order,
as required under subsection (h)(1), shall subject the recipient to the jurisdiction of
the Board, and the recipient shall be added as a party to the appeal without the
necessity of filing a petition for leave to intervene under § 1021.81 (relating to
intervention). The recipient of a permit, license, approval, certification or order who
is added to an appeal under this section shall still comply with § § 1021.21 and
1021.22 (relating to representation; and notice of appearance).

25 Pa. Code § 1021.51(i) (emphasis added).

Additionally, potentially adversely affected persons may have automatic party status when
a decision involves the Pennsylvania Sewage Facilities Act by filing an entry of appearance within
thirty (30) days. 25 Pa. Code § 1021.51(j) states:

(j) Potentially adversely affected persons under subsection (h)(2) or (3) may
intervene as of right in the appeal by filing an entry of appearance within 30 days
of service of the notice of appeal in accordance with §§ 1021.21 and 1021.22,
without the necessity of filing a petition for leave to intervene under § 1021.81.
Potentially adversely affected persons under subsection (h)(4) may seek leave to
intervene by filing a petition to intervene under § 1021.81, or may intervene as of
right by filing an entry of appearance where permitted to do so by order of the
Board.

25 Pa. Code § 1021.51(j) (emphasis added).

We find that Judge Labuskes concisely summarized and explained the above rules - as they
relate to a party having automatic party status - in Montgomery Township Friends of Family Farms
when he stated:

For certain types of appeals, some persons are designated under our rules as a party
to an appeal and other persons may become a party to an appeal without needing to
petition to intervene. This process begins with an appellant serving a copy of its
notice of appeal on certain classes of persons (other than the Department) as
required by our rules. In cases where an appellant is appealing a “permit, license,
approval, certification or order” that was issued to someone other than the
appellant, the appellant must serve its notice of appeal on the recipient of that
Department action. 25 Pa. Code § 1021.51(f)(1)(iv) and 1021.51(h)(1). Service of
the notice of appeal upon the recipient of a permit, license, approval, certification,
or order then “subject[s] the recipient to the jurisdiction of the Board, and the
recipient shall be added as a party to the third-party appeal without the necessity of

filing a petition for leave to intervene....” 25 Pa. Code § 1021.51(i). The Board

commonly refers to these recipients as “permittees” and adds them to the caption

at the beginning of a case.

The Board’s rules also require service of the notice of appeal on certain other

entities whose interests may be affected by an appeal. For instance, in appeals of

decisions under Sections 5 or 7 of the Pennsylvania Sewage Facilities Act, 35 P.S.

§§ 750.5 and 750.7, service is required on any affected municipality, municipal

authority, or the proponent of the decision. 25 Pa. Code § 1021.51(h)(2). .. . Those

entities, as well as any other interested party as ordered by the Board, 25 Pa. Code

§ 1021.51(h)(4), may intervene in the appeal as a matter of course within 30 days

of service of the notice of appeal by simply filing a notice of appearance instead of

a petition to intervene. 25 Pa. Code § 1021.51()).

Montgomery Twp. Friends of Family Farms v. DEP, 2024 EHB 240, 247-48.

Accordingly, based on the above, in Appeal 1, CRG was the recipient of an approval of a
Private Request. Therefore, CRG was deemed an automatic party appellee without the need to file
a petition for intervention upon receipt of service of the Notice of Appeal. 25 Pa. Code §
1021.51(h)(1)&(i). Additionally, in Appeal 2, CRG was the proponent of a request made under
the Pennsylvania Sewage Facilities Act, 35 P.S. § 750.5(b), and intervened as of right with its
attorney’s entry of appearance within thirty (30) days of service of the Amended Notice of Appeal.
25 Pa. Code § 1021.51(h)(2)&(j). Thus, CRG was already a party appellee to both appeals, which
have now been consolidated, without the need for a petition to intervene.'

Conclusion
For these reasons, we deny CRG’s Petition to Intervene as procedurally improper and moot,

as CRG is already a party to this appeal. (See Steel Land, LLC v. DEP, EHB Docket No. 2025-

023-L, June 2, 2025 Order denying Petition to Intervene where the Township was already a party

! The Board generally encourages parties to seek the position of other parties and state that position in
procedural and other motions, petitions or other requests, or a statement that the other parties were contacted
and no response was received to determine such positions. These pleadings likely could have been avoided
had that practice been adhered to, and we encourage the parties to discuss such matters prior to coming to
the Board for relief.

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to the appeal). Thus, the Township’s Motion to Strike the Petition to Intervene is additionally moot.

Therefore, for the above-stated reasons, we deny both motion and petitions, as CRG is already a
party appellee in the consolidated appeal.

Accordingly, we issue the following order.

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COMMONWEALTH OF PENNSYLVANIA
ENVIRONMENTAL HEARING BOARD

LOWHILL TOWNSHIP

v. : EHB Docket No. 2026-041-BP
: (Consolidated with EHB Docket
No. 2026-049-BP)
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF ENVIRONMENTAL
PROTECTION and CRG SERVICES
MANAGEMENT, LLC, Permittee

ORDER

AND NOW, this 29" day of July, 2026, it is hereby ordered that The Environmental
Hearing Board denies Appellant Lowhill Township’s Motion to Strike and denies Permittee CRG
Services Management, LLC’s Petition to Intervene. CRG is already a party to this appeal; thus,

CRG’s Petition to Intervene and the Township’s Motion to Strike are moot.
ENVIRONMENTAL HEARING BOARD

s/ Paul J. Bruder, Jr.
PAUL J. BRUDER, JR.
Judge

DATED: July 29, 2026

c: DEP, General Law Division:
Attention: Maria Tolentino
(via electronic mail)

For the Commonwealth of PA, DEP:
Michael T. Ferrence, Esq.

Megan Bisco, Esq.

(via electronic filing system)

For Appellant:
Michael D. Fiorentino, Esq.
(via electronic filing system)

For Permittee:
Julia Wagner Burkhart, Esq.
(via electronic filing system)

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