1869 Grand Central Sanitary Landfill, Inc. v. Commonwealth of Pennsylvania, Department of Environmental Protection; doc. nos. 2004-014-MG and 2004-165-MG

ENVIRONMENTAL
HEARING BOARD

Grand Central Sanitary Landfill, Inc. v. Commonwealth of Pennsylvania, Department of Environmental Protection; Doc. Nos. 2004-014-MG and 2004-165-MG

[34 Pa.B. 5661]

   The Commonwealth of Pennsylvania, Department of Environmental Protection (Department) and Grand Central Sanitary Landfill, Inc. have agreed to a Stipulation of Withdrawal Without Prejudice of the previous matters.

   On December 8, 2003, and June 17, 2004, the Commonwealth issued permit renewals to the Solid Waste Disposal and/or Processing Permit No. 100265 for the Grand Central Sanitary Landfill. The permit renewals ultimately extended the permit for the Grand Central Sanitary Landfill until December 31, 2007. Grand Central Sanitary Landfill, Inc. filed two appeals challenging each of the permit renewals.

   The parties have now agreed to a Stipulation of Withdrawal Without Prejudice, the major provisions of which include: the appeals shall be withdrawn upon approval of the Stipulation of Withdrawal Without Prejudice by the Environmental Hearing Board (Board); and the dockets in the previously captioned matters shall be marked withdrawn. The Stipulation of Withdrawal Without Prejudice shall in no way limit or restrict the ability of Grand Central Sanitary Landfill, Inc. to: (a) submit future requests for renewal of the permit; (b) assert the objections raised in the appeals and any future action, appeal, permit modification, permit renewal, plan or application; or (c) assert the objections raised in its appeals in response to future actions by the Department or any other person or entity.

   Copies of the full Stipulation of Withdrawal Without Prejudice are in the hands of Robert D. Fox, Esquire, Manko, Gold, Katcher & Fox, LLP, 401 City Avenue, Suite 500, Bala Cynwyd, PA 19004, [phone]; and Lance H. Zeyher, Esquire, Office of Regional Counsel, Department of Environmental Protection, Office of Chief Counsel, 2 Public Square, Wilkes-Barre, PA 18711-0790, [phone]. Copies of the full Stipulation of Withdrawal Without Prejudice are also available at the offices of the Board and may be reviewed by interested parties on request during normal business hours.

   Interested parties have 30 days from publication of this notice to submit comments with respect to the Stipulation of Withdrawal Without Prejudice.

MICHAEL L. KRANCER,   
Chairperson

[Pa.B. Doc. No. 04-1869. Filed for public inspection October 8, 2004, 9:00 a.m.]