HARTMAN UNDERHILL& BRUBAKER, LLC

Hellam Township Board of Supervisors44 Walnut Springs RoadYork, PA 17406

The Lancaster County Solid Waste Management Authority has asked us to reachout to you to understand Hellam Township's intentions regarding the proposed Perduesoybean plan to be located adjacent to the Authority's waste-to-energy facility in ConoyTownship, Lancaster County.

Not being officials of a Lancaster County municipality, you may not be aware thatthe Authority has a long track record of seeking to improve the environment. TheAuthority's facilities are routinely inspected by Pennsylvania's Department ofEnvironmental Protection. The Authority has an unparalleled "no violation" record forits transfer station, transportation, landfill and waste-to-energy operations.

Beyond merely complying with existing standards, the Authority has for yearssought ways to use "green" technology, including alternative energy sources such as itswind turbines, solar panels, compressed natural gas fueling station, landfill methane gasrecovery and solid waste to steam and electricity. The Authority's recycling programsand integrated system also drastically reduce the amount of material that need to belandfilled. The Authority has also worked extensively for the benefit of the communitiesalong the Susquehanna River, including the construction of the Northwest LancasterCounty River Trail, preservation of historic buildings, financial support of theSusquehanna Gateway Heritage Area (SGHA) and other activities and programs used bycitizens of Lancaster and York counties.

LANCASTER, Pi\. 17602TEL '717 299 7254

390 E MAIN ST, SUITE 200EPHRATA, PA 17522TEL 717 738 7972

Hellam Township Board of SupervisorsOctober 5, 2015Page 2

Perdue's soybean plant provides an exciting opportunity for the Authority tocontinue both its environmental and community service work. Much electricity in theUnited States is lost in transmission. The installation of the soybean plant in closeproximity to the Authority's waste-to-energy facility allows the Authority to provide ahighly energy efficient use for the steam that facility generates. Steam sales to thesoybean plant would also result in additional revenue that the Authority will use tocontinue to keep waste costs manageable for the residents and to continue to serve thecommunity in other ways. This revenue is significant, even for an authority withrevenues in excess of eighty million dollars per year. The Authority has asked our firmto closely monitor the status of Perdue's soybean plant.

The Authority carefully selected Perdue to be the owner of the adjacent property,and asked many questions to ensure that the soybean plant first and foremost would nothave an adverse effect upon the region. After carefully reviewing the information thathas been provided by Perdue as part of its DEP permitting process, the Authority isconfident that the Perdue plant falls well within the applicable environmental standardsfor safety. The currently proposed hexane levels for the soybean plant would make it thelowest hexane emitting soybean plant in the US. DEP has engaged in a robust processwith significant commentary coming from many different perspectives. The Authority isconfident that DEP will make appropriate determinations, as is its administrativefunction, to weigh all of the evidence presented before it and to make an appropriatejudgment about the safety of the facility.

We have also had the opportunity to review many Hellam Townshipcommunications regarding the soybean plant. Based upon the tenor of thesecommunications, the Authority is concerned that Hellam Township intends to pursuelegal means to delay the Perdue plant regardless of the outcome ofDEP's substantiverevie\'l. The Authority does not understand why Hellam Township wo.uld seek tosubstitute it's judgment for the judgment of DEP, a statutorily created agency of theCommonwealth, and the Authority, a fellow municipality, with a particular charge, andtrack record, for environmental protection.

The Perdue soybean plant is very important to the Authority. Delay of the plantcosts the Authority in lost energy revenues, wastes energy, and injures south centralPennsylvania farmers. Before Hellam Township considers taking steps to delay or blockPerdue's Project, the Authority suggests, from one municipality to another, that HellamTownship should ngage in direct discussions with the Authority as to why HellamTownship believes that is appropriate. The Authority believes that it can provide HellamTownship with an additional and helpful perspective on the significance of the issuessurrounding the soybean plant. To the extent the Township is unwilling to have such a

Hellam Township Board of SupervisorsOctober 5, 2015Page 3

meeting and discussion the Authority will have no choice to treat action to delay or blockthe plan as actions not in good faith and will take any and all actions available to it toprotect their interests in this project.

Sincerely, ~

N~H~1~~alexh@hublaw.com

AH3:c1aJW Hellam Supervisor letter.docx

cc: James D. Warner, Chief Executive DirectorBrandon S. Harter, Esquire