The Harford County Circuit Court upheld the decision in Case 5886 to deny the tire pyrolysis operation by Auston Transfer and Processing on 6 acres in Joppa off Route 7.
The property, Auston Transfer, used for shredding and recycling scrap tires requested a new system to incinerate tires within a closed chamber. The property is zoned CI- Commercial Industrial. Planning & Zoning approved the use in this zoning category.
Within the time frame allowed, two Joppa citizens appealed the determination made by the Director and asked that the matter be reviewed by the County’s Hearing Examiner. They were assisted by the People’s Counsel. That decision was appealed because it considered the determination of the Planning and Zoning Director to allow this use in CI, was improper and that the pyrolysis system belonged in GI-General Industrial zoning.
As of this decision, the Hearing Examiner, County Council and now the Circuit Court all agree that the Director of Planning & Zoning overreached his authority and made a “legal error” in deciding to allow this use in CI.
In addition, the Circuit Court added that material and information which is not in the Zoning Code itself, should be made available to the public. In this case it was the Industrial Codes used by the Department of Planning & Zoning.
Why is this relevant?
Friends of Harford is sharing news of this decision because it is an example of how the system is supposed to work. The community had concerns about the potential for negative effects to the environment and of the proximity of the tire burning near their homes. At each level, the facts were brought to light and the decision was made not to allow this type of facility in a Commercial Industrial Zoning. Had the tire pyrolysis plant been allowed in CI, it would have set precedent for future types of facilities in CI zoning.