Middletown supervisors authorize engagement with DEP, counsel after Newtown wastewater-plant proposal
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Summary
Middletown Township supervisors voted to authorize a letter to the Pennsylvania Department of Environmental Protection and to retain outside environmental counsel as they begin legal and engineering review of a proposed Newtown Bucks Joint Municipal Authority wastewater treatment plant abutting township borders.
Middletown Township supervisors on Jan. 14 authorized township officials to begin formal participation in state and local review of a proposed Newtown Bucks Joint Municipal Authority wastewater treatment plant and to notify the Pennsylvania Department of Environmental Protection that Middletown is an interested party.
The move follows several weeks of public concern after reports that the authority plans a new treatment facility on land adjacent to Morton’s Mill in Newtown. Township Solicitor John Esposito told the board he had retained environmental counsel Mark Fried to lead permit- and litigation-related review and that the township would pursue two primary avenues: participation in DEP environmental permitting and involvement in Newtown Township land-use and zoning proceedings. "It's gonna take years," Esposito said of the permitting and approval process.
Esposito outlined the likely DEP steps — an Act 537 planning approval, an NPDES discharge permit and a construction permit — and described options for the township to comment on applications and, if necessary, appeal approvals to the Environmental Hearing Board. He said Middletown could also seek party status in Newtown zoning hearings and present expert testimony there. Township Engineer Mark Kessler said staff and the Environmental Advisory Council (EAC) would open technical dialogue with DEP engineers, review preliminary effluent-limit letters the authority has received and raise questions about how a new discharge would affect Middletown’s MS4/TMDL phosphorus goals.
Public speakers urged active resistance. Bill Everett, who described himself as part of a grassroots group opposing the plant, said his group is coordinating attendance at Newtown hearings and is meeting with elected officials; he provided an outreach email (stoptheNewtownSewerPlant@gmail.com) and a website (stoptheplant.net). Several residents echoed concerns about odors, downstream water quality and the project’s proximity to parkland.
After discussion, Supervisor Cusack moved — and the board seconded and adopted — a motion authorizing the township solicitor to send a formal letter to DEP asserting Middletown’s interest in being notified of and included in any permitting steps for the project. The vote was recorded 5–0 in favor.
The board said it will continue to coordinate with the EAC, counsel and county and state officials and to monitor Newtown Township filings. No permit has been filed with DEP and no zoning or land‑development application had been submitted to Newtown Township as of the Jan. 14 meeting; board members and staff repeatedly emphasized that the process could take years and that much of the next phase will be technical review of permit applications if and when they are filed.
The board also asked staff to keep the public informed and indicated future agenda items will include updates if new filings arrive. The township announced plans for ongoing coordination with the EAC and outside counsel and said it will continue outreach to county and state representatives.
