Cumberland County panel votes to seek DEP approval to transfer yard‑waste equipment to Hampton Township

The Cumberland County Finance Committee voted to request Pennsylvania Department of Environmental Protection approval to transfer the county's yard‑waste recycling equipment to Hampton Township and authorized county staff to sign the resulting DEP agreement, subject to review by the county solicitor.

The vote came after an extended discussion about a memorandum of understanding among municipalities to form a joint authority to operate the equipment, questions about initial capital contributions and hourly capital rates, and concerns from several townships that have withdrawn from the proposed agreement.

The matter matters because the transfer would move ownership and operating responsibility for equipment used across Cumberland County, affect which municipalities can access the service while the transfer is pending, and hinge on DEP sign‑off and a solicitor review before the county’s designated staff can execute the agreement.

Kirk Stoner, county staff member who presented the item, said Hampton Township, Fairview Township and East Pennsboro Township had expressed interest in joining the interim MOU, while Lower Allen and Silver Spring Townships had indicated they were no longer participating. "Pursuant to that, Hampton Township provided us with certificate of insurance for their equipment," Stoner said, and county staff believed the documented requirements for transfer had been met pending final coordination with DEP.

Stoner told the committee that initial conversations with DEP had flagged a few issues the agency wanted addressed, including that any authority formed must be open to new members, an estimated authority start date, and provisions for what happens to the equipment if the MOU process fails and a formal authority is not formed. "They just made a few comments, to him about making sure that the authority is and when formed is open to anyone and anyone can join time," Stoner said.

Dan Pleincker, representing Silver Spring Township, urged the committee to preserve options for municipalities that left the MOU. "I still request that if there is a motion that there is a seat for our township to, either purchase or enter an agreement for 1 of each of the...the screen machine and 1 of grinders," Pleincker said, adding that Silver Spring withdrew after concerns the interim MOU removed a required capital contribution and left open the possibility that equipment would be used until it reached the end of its useful life.

Ben Schall, East Pennsboro Township manager, said his township signed the MOU with an exhibit that included a provision removing an uneven initial capital contribution and that his township is comfortable with the version it executed. "The capital hourly rate, we take no issue with. The issue at hand was only with that initial capital contribution," Schall said, adding that East Pennsboro supports formation of an authority that would oversee a capital account going forward.

Several speakers explained the interim MOU retains hourly fees for maintenance, repair and transportation and a separate capital hourly rate intended for future equipment purchases, but that an up‑front initial capital contribution was removed from the interim document to avoid unfairly charging older users based on historic usage. Hampton Township representatives said they had prepared a draft exhibit that differs from executed copies East Pennsboro provided at the meeting and that no municipality had signed Hampton’s draft.

The committee recessed into an executive session to discuss negotiation matters before returning and taking a formal vote. The committee’s motion directed staff to request DEP approval to transfer the equipment to Hampton Township and authorized Kirk Stoner to execute the resulting DEP agreement on behalf of Cumberland County, subject to the county solicitor’s review. The vote passed on an affirmative voice vote.

Committee members and municipal representatives emphasized that the equipment remains county property until DEP approves the transfer and the county completes any required paperwork, insurance transfers and legal review; municipalities do not yet have insurance permission to operate the equipment while it remains under county ownership. "No. We don't have the insurance to allow you to use the equipment," the committee chair said when asked if the three municipalities could use the equipment immediately.

The committee’s action begins a process that DEP will review; the transfer and future authority formation will depend on DEP approval, resolution of differences among municipalities over exhibit language and capital funding rules, and final county solicitor sign‑off. The municipalities attending agreed to continue negotiating the authority’s governance and capital arrangements after the transfer request is made.

The committee adjourned after the vote, with members saying they expected further work among the participating municipalities and county staff to finalize the authority structure and funding terms.