1810 City of Scranton and Boroughs of Taylor and Old Forge v. DEP and Empire Sanitary Landfill, Inc.; EHB doc. no. 94-060-C (consolidated)

ENVIRONMENTAL
HEARING BOARD

City of Scranton and Boroughs of Taylor and Old Forge v. DEP and Empire Sanitary Landfill, Inc.; EHB Doc. No. 94-060-C (Consolidated)

[28 Pa.B. 5541]

   The City of Scranton and Boroughs of Taylor (Taylor) and Old Forge (collectively the municipalities), the Commonwealth of Pennsylvania, Department of Environmental Protection (Department), and Empire Sanitary Landfill, Inc., now known as Alliance Landfill (Alliance), have entered into a settlement in resolution of the above-referenced action.

   On February 25, 1994, the Department issued to Alliance a modification to Empire's solid waste permit. The modification authorized Alliance to accept and dispose of incinerator ash residue at Alliance's landfill facility, located in the Boroughs of Taylor and Old Forge, and Ransom Township, Lackawanna County, PA.

   The City of Scranton filed an appeal of the modification, which appeal was docketed at EHB Doc. No. 94-060. Thereafter, the Boroughs of Taylor and Old Forge also filed appeals of the modification, which appeals were docketed at EHB Doc. Nos. 94-061 and 94-062 respectively. The appeals have since been consolidated at EHB Doc. No. 94-060-C.

   Under the terms of the settlement, Alliance will: (1) continue to transport ash to the landfill in water tight containers; (2) continue to maintain the ash such that the ash does not become airborne; (3) store ash not yet disposed in a bermed area on the lined portion of the landfill; (4) furnish copies of ash testing, leachate analysis and treated effluent data to Taylor; (5) comply with specific regulations set forth in the settlement, as applicable to Alliance's activities; and (6) make a payment in the amount of $35,000 to Taylor for use for general recreation activities within the borough. In addition, the municipalities agree to withdraw their appeals in this matter.

   Copies of the full settlement are in the possession of: William T. Jones, Esq., Levy & Preate, Scranton Electric Building, 507 Linden Street, Suite 600, Scranton, PA 18503, [phone]; Mariellen Harrington, Esq., Dechert Price & Rhoads, 4000 Bell Atlantic Tower, 1717 Arch Street, Philadelphia, PA 19103-2793, [phone]; and Lance H. Zeyher, Assistant Counsel, Department of Environmental Protection, Office of Chief Counsel, 2 Public Square, Wilkes-Barre, PA 18711-0790, [phone] and at the offices of the Environmental Hearing Board and may be reviewed by an interested party on request during normal business hours.

   A person believing himself aggrieved by the above settlement has a right to appeal to the Environmental Hearing Board, Rachel Carson State Office Building, 2nd Floor, 400 Market Street, P. O. Box 8457, Harrisburg, PA 17105-8457.

   If information concerning this notice is required in an alternative form, contact the Secretary to the Board at [phone]. TDD users may telephone the Board through the AT&T Pennsylvania Relay Center at [phone]. Appeals shall be filed within 20 days of this publication.

   The Environmental Hearing Board is empowered to approve this settlement, if no objection is timely filed with the Board.

GEORGE J. MILLER,   
Chairperson

[Pa.B. Doc. No. 98-1810. Filed for public inspection October 30, 1998, 9:00 a.m.]