169 Borough of Youngstown v. DEP; EHB doc. No. 2014-145-B

ENVIRONMENTAL
HEARING BOARD

Borough of Youngstown v. DEP; EHB Doc. No. 2014-145-B

[46 Pa.B. 628]
[Saturday, January 30, 2016]

 The Department of Environmental Protection (Department) and the Borough of Youngstown (Youngstown) have agreed to a settlement of this matter. On or about October 2, 2014, the Department ordered (Administrative Order) Youngstown, along with the City of Latrobe (Latrobe), the Township of Derry (Derry) and the Township of Unity (Unity) to submit to the Department an updated joint official sewage plan under the Pennsylvania Sewage Facilities Act (35 P. S. §§ 750.1—750.20a). Youngstown, Latrobe and Derry, among others, appealed the Administrative Order to the Environmental Hearing Board (Board). In particular in its Notice of Appeal, Youngstown contended that the Administrative Order interfered with its contractual rights under a 1973 Service Agreement, which agreement purported to allocate costs for sewage services between Youngstown, Latrobe, Latrobe Municipal Authority, Derry, Derry Township Municipal Authority, Unity and Unity Township Municipal Authority. Latrobe and Derry, as well as all other appellants other than Youngstown, voluntarily dismissed their respective appeals. Youngstown is the sole remaining appellant of the Administrative Order.

 The Department and Youngstown have agreed to a settlement by a Consent Adjudication, the major provisions of which include:

 a. That Youngstown will adopt and submit to the Department a joint official plan with Latrobe, Derry and Unity.

 b. That Youngstown will cooperate with the implementation of the joint official plan.

 c. That the Administrative Order, in and of itself, does not direct how the recipients are to allocate costs for any necessary improvements to sewage facilities.

 d. That nothing in the Consent Adjudication constitutes a waiver of any rights Youngstown possesses under the 1973 Service Agreement.

 e. That the Department does not endorse or approve any position taken by Youngstown regarding the terms and provisions of the 1973 Service Agreement.

 Copies of the full agreement are in the possession of Bruce M. Herschlag, Assistant Regional Counsel, Department of Environmental Protection, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, [phone]; Jon Lewis, Esquire, Kim Houser, Esquire, Mears, Smith, Houser and Boyle, PC, 127 North Main Street, Greensburg, PA 15601, [phone]; and the Board.

 These copies may be reviewed by interested persons on request at the Board's Harrisburg office during normal business hours or on the Board's electronic docket (Case No. 2014-145) available on the Board's web site at http:/ehb.courtapps.com.

 Persons interested in providing comment to the Board on the proposed Consent Adjudication must do so within 30 days of the date this notice is published in the Pennsylvania Bulletin. Comments shall be submitted to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, PA 17105-8457. Copies of the submitted comments shall be provided to the counsel for the parties at the addresses previously listed.

 If information concerning this notice is required in an alternative form, contact the Acting Secretary to the Board at [phone]. TDD users may telephone the Board through the Pennsylvania AT&T Relay Service at [phone].

THOMAS W. RENWAND, 
Chairperson

[Pa.B. Doc. No. 16-169. Filed for public inspection January 29, 2016, 9:00 a.m.]