Whitehall Township Zoning Hearing Board of Appeals on Nov. 17 rejected a request by the township to revoke an earlier variance granting Coplay Aggregates permission to have clean fill dumped at its quarry, located between North Coplay and Stiles.

The five-member appeals board, on a motion by Lou Jany, let stand its 2013 ruling and held it has no jurisdiction to set aside its granting variances to Coplay Aggregates.

In its appeal, the township held the approval stated that clean fill only was allowed to be dumped in the quarry, 5001 Beekmantown Road. However, some time later, the Pennsylvania Department of Environmental Resources broadened the definition to regulated fill, which includes brick, historic fill, concrete block from construction, soil, stone and dredged material.

The township maintained that only clean fill should be allowed to be dumped at the quarry and no other type of fill or waste should be permitted. The township claimed a recent state inspection found that medical waste and paper had been dumped there.

“I feel the board does not have jurisdiction in this matter,” Blake Marles, counsel for Coplay Aggregates, contended.

He told the board when truckloads of material come to the quarry, an inspection is made.

“If flagged, [the material is] removed,” Marles said.

“The burden is on the township; they have to prove to you there is misrepresentation.” Marles told the zoning board members.

Attorney Chris Gittinger, representing the township, said the terms of the variance granted in 2013 were breached.

“Clearly [the medical waste and paper were] not there when you made your decision,” Marles told the board.

“The zoning board does have the right to question and judge for the safety of the people. The agreement was clean fill for the protection of the people,” said Anthony Costantino, a resident who lives near the quarry.

Counsel for the zoning board now has 45 days to write the decision. The township has 30 days from that date to appeal the decision to Lehigh County Court.