Lower Chichester Owns 10% of the Data Center Site and All of the Sewer
Trainer's sewer system reportedly can't handle the site, which means the data center project may need a hookup only Lower Chichester can approve.
Before and during the Board of Commissioners Meeting, local residents stood outside the municipal building with signs, protesting the Trainer data center, which would be located 90% in Trainer and 10% in Lower Chichester.
When it was time for public comments at the meeting, President Rocco Gaspari Jr. acknowledged the protesters, saying that he’s glad we live in America and they have the right to do that, but wants to make sure they have the correct information. He then gave a lengthy speech clarifying the facts regarding the Trainer data center.
First, he stated that Lower Chichester met with Link Logistics years ago and approved the site for a warehouse. They have never given permission for a data center, and a data center will not be built in Lower Chichester without their approval. He acknowledged some confusion regarding the sewer line from the township that leads to Link Logistics’ site. Lower Chichester agreed to the sewer line when the project was a warehouse. Even though the sewer line is there, Link Logistics cannot use it for any purpose other than a warehouse. Gaspari emphasized that Link will not be releasing anything into that sewer line until they meet with the township publicly to explain what they are using it for.
A glimmer of hope… in the sewer
President Gaspari made a brief mention that during the initial approval for the project, when it was supposed to be a warehouse, Delcora reported that Trainer’s sewer system could not accommodate the needs of the warehouse, and Link Logistics would need to tie into the Lower Chichester sewer line. If this is true, it shifts the balance of power in this fight towards Lower Chi. Although they only own 10% of the land for the proposed data center, a rejection from Lower Chi doesn’t just mean the data center is 10% smaller. It means that the data center has no sewage. And as much as Trainer and Link Logistics might want to build one, they cannot operate a data center (or warehouse or factory) without a sink and toilet. I am waiting for further details about the report from Delcora at this time, but it is important to note that this sewage line is only related to basic graywater (think of a regular household bathroom), it is not the line that would be used for any industrial wastewater.
Ordinances and Legal battles
Gaspari promised residents he would do whatever he had to do "according to the law." He then read from Article 1 Section 27 of the Pennsylvania Constitution, known as the Environmental Rights Amendment, establishing that citizens possess a right to clean air, pure water, and environmental preservation, obligating the commonwealth as trustees to preserve these resources. He also spoke about the Covenant of Quiet Enjoyment, guaranteeing the right to peace from major disruptions in one’s own property.
However, President Gaspari expressed concerns about legal issues that can come with ordinances. He said that if the township wrote an ordinance banning data centers, they could be sued for discrimination and go bankrupt, which is true.
How can a data center sue a township? Two methods are being used in New Jersey now. A company claimed that a data center ban violates free speech guaranteed in the first amendment, because data centers can be used in communication. They have also relied on the 14th amendment, which was written to protect newly-freed slaves from racial discrimination.
I spoke to local environmental justice lawyer Mike Ewall about these cases. He told me that he has been involved in two lawsuits that claimed violation of the 14th amendment. In both cases, the claim did not hold up in the court, and the local government retained their right to regulate what can be built in their town. Unfortunately, even a baseless lawsuit can end up costing towns a lot of money, which is why any ordinance you see regarding data centers will regulate noise or emissions, but won’t ban them altogether.
What the board did not acknowledge though, is that an ordinance can also be a protection from legal action. For example, if the township tries to reject a proposal from a data center, they need to have grounds for doing so, or they could be accused of discriminating against the data center.
An ordinance would give the township those grounds by setting limits on things like noise and water use. If the proposed data center can't meet those limits, the township could reject it.
It sounds like the Lower Chi Board of Commissioners is relying on the Environmental Rights Amendment as grounds to reject a data center, but as Mike Ewall told me, that amendment is not always strong enough, and judges may not deem it as a sufficient basis for a proposal rejection.
One resident asked the board what they are doing to prepare for the fight against a data center if it comes here?
The board responded that they are working on some things but aren’t ready to share it publicly. The statement suggests that they are working with the solicitor to draft an ordinance that will protect the residents from a data center while also protecting the township from legal action.
Ready for a fight
The president of the board made it clear that he aims to protect residents from any corporation that brings more harm than benefit. He says, “They’re trillion-dollar big shots that wear cheap suits. They don’t impress me, and I’m not afraid of them… This is our community, nobody walks in here and does what they want.”
At the end of the meeting, residents felt reassured, and the vibe certainly felt preferable to the Trainer meeting where the council showed no interest in protecting their residents or even listening to their “nonsense”.
Currently…there is no ordinance regulating data centers in either Lower Chichester or Trainer. It’s up to the residents to wait and see what the board produces, and hold them accountable if they fail to protect the township.
Marcus Hook and Link Logistics
Multiple residents at the meeting mentioned that they had heard Marcus Hook’s council met with Link Logistics. The claim was surprising to everyone, including the commissioners, since Link’s project would not be within Marcus Hook‘s borough.
I reached out to Andrew Weldon, Borough Manager of Marcus Hook to confirm. Weldon clarified that the council had not met with Link Logistics, but Weldon himself personally met with a representative from Link.
The representative asked about resident consensus feeling towards the Trainer project. Weldon answered that there are mixed feelings, and Link would need to do some community outreach to gauge the sentiment.
It seems as though Link Logistics is viewing resident backlash as a considerable roadblock in their plans, even among those outside Trainer borough.
If you want to get involved, residents are organizing a protest on Monday, the 26th, 4-6pm at 9th and Main Street in Trainer.
Other business
The board discussed an ordinance against e-scooters with Lithium batteries due to fire hazards. A representative from the fire department also presented the residents with information about the risks of Lithium batteries in scooters, power tools, and cellular devices. He recommended keeping phones on a hard surface while charging, rather than placing them in a bed, and to keep Lithium batteries for power tools away from flammable items. He added that household fire extinguishers are generally not effective with Lithium ion fires. The fire department also announced a program to install smoke detectors in any house that needs them. They will go to all houses to offer service. Alternatively, residents can order a smoke detector from the Red Cross online and it will be delivered to the local fire department to install for you. The fire department will also be offering a small stipend for firefighters in order to keep the station staffed while volunteerism has been declining.
