The Whitehall Township Board of Commissioners on Monday night instructed the township solicitor, Charles Fonzone, to request that the township's zoning hearing board consider revoking an earlier decision to allow Coplay Aggregates to use part of the 5001 W. Coplay Road quarry for the dumping of clean fill.

The commissioners' unanimous vote came on the heels of Mayor Edward D. Hozza Jr. announcing HDR, Inc., an energy firm, will review all documents regarding the permitting process, since the Pennsylvania Department of Environmental Protection granted Coplay Aggregates a permit to dump regulated fill into a former cement company quarry.

The township contends it was blindsided by the DEP's action.

Hozza noted the township submitted a formal response to the DEP granting Coplay Aggregates a permit to use six acres of the 30-acre site.

Commissioner Dennis Hower brought to a vote a motion, stating, "I move that the solicitor examine all available documents and, if appropriate, request the zoning hearing board to revoke its decision of Dec. 18, 2012," referring to the Coplay Aggregates case.

The motion continued, "Or, in the alternative, to clarify if said decision relied on the testimony of Brian Hilliard, Coplay Aggregates director of compliance, in response to a question as to whether all clean fill was being used."

Hower noted Hilliard testified the quarry was being filled with clean fill at the December 2012 hearing.

The commissioners agreed that Hilliard's testimony contended the company does the testing before acceptance and does some random sampling internally.

According to Hower, Hilliard testified the DEP also tests samples and added the company has yet to have a violation.

Fonzone was authorized Monday by the commissioners to pursue any legal representation necessary to protect the rights of the township's citizens.

A DEP report to the township several months ago showed its inspection yielded photographs of "medical waste, syringes and other materials" dumped into the quarry.

Commissioners President Linda Snyder said it demonstrated a clear violation of DEP regulations.