Bakerstown Container Corp. v. Richland Township

*633LARSEN, Justice,

concurring.

I agree with the majority that the use proposed by appellant Bakerstown Container Corporation does not constitute “manufacturing” as that process has been defined by this Court.1 I write separately though to express my belief that the decision of the Zoning Hearing Board (Board) that the proposed use does not qualify as a permitted use is sustainable on another important ground.

The testimony presented to the Board established that, at a minimum, between 30% and 40% of the tight head drums brought to the premises for cleaning will contain residual waste materials that are toxic and hazardous. The appellant chooses to call the proposed operation “barrel reconditioning.” From the evidence the operation actually involves the discharging and depositing of significant amounts of hazardous wastes on the premises. Indeed, the Board found that one of the primary concerns of the proposed business was its function as a respository for toxic and hazardous wastes.2

The disposition of toxic and hazardous wastes is a pressing problem facing industry, government and citizens in Pennsylvania and nationwide. Such wastes, deliberately or accidentally deposited in the ground in sufficient quantity, may result not only in serious environmental damage, but also in posing high-risk health hazards that could cause *634disease, disfigurement or even death to present and future residents of the area. Additionally, the affected land could be rendered useless and worthless and no longer revenue producing for the local government. It is mandatory for local government to prudently consider these factors in any plan presented to it for the use of property which involves the introduction of hazardous wastes. The Zoning Board’s consideration of these factors in the instant case was proper. On this additional basis the Board’s decision excluding the proposed use is not an abuse of discretion, does not constitute an error of law and is supported by substantial evidence.

. Bindex Corp. v. City of Pittsburgh, 504 Pa. 584, 475 A.2d 1320 (1984) and Tucker v. City of Pittsburgh, 504 Pa. 580, 475 A.2d 1318 (1984).

. Among the observations made by members of the Zoning Board, Raymond Kendrick, Vice-Chairman of the Board stated:

“[I]n other words anybody that would come into that district could handle any type of material they wanted to and you couldn't stop them, because you’ve already permitted what I say has nothing to do with being a cooper. The [Bakerstown Container Corporation] is handling hazardous, toxic waste and it doesn't belong in a restricted light industrial district ... I don’t think a cooper is a drum [reconditioner], bringing in hazardous waste, toxic materials next to a residential community.” Page 61a, Hearing Transcript. Norbert Kulbacki, Chairman of the Zoning Board stated:
“We are talking about reconditioning the [barrels] with a product coming off of them that may be not this year, but years forward may be hazardous to these people.” Page 66a, Hearing Transcript.