1848 The Township of Washington v. DEP; doc. no. 95-154-R

The Township of Washington v. DEP; Doc. No. 95-154-R

[26 Pa.B. 5268]

   The Department of Environmental Protection (Department) and the Township of Washington (Washington) have agreed to a settlement of the above matter.

   On July 13, 1993, the Department issued an order to Washington requiring it, inter alia, to submit an Official Plan update under 25 Pa. Code §§ 71.12 and 71.21 for the Villages of Brownstown, Arnold City, Fairhope, Naomi, Lynnwood and any other area in Washington Township found to be in need of adequate sewage facilities. The July 13, 1993 Order also imposed an onlot sewage system permit limitation in Washington. After the submission of Washington's proposed Official Plan, it was timely denied by the Department for failure to fully develop an alternatives analysis. Specifically, the proposed Official Plan concluded that the existing Municipal Authority of the Borough of Fayette City (Fayette City Authority STP) could not be expanded and failed to evaluate an alternative conveying sewage from Washington to an expanded Fayette City Authority STP. In addition, the Official Plan also eliminated an alternative proposing the conveyance of sewage from the Villages of Lynnwood and/or Fairhope to the existing Municipal Authority of Belle Vernon sewage treatment plant (Belle Vernon Authority STP). Finally, the proposed Official Plan did not contain a municipal resolution as required by 25 Pa. Code § 71.31.

   Washington timely appealed the denial of the Official Plan alleging, inter alia, that the proposed Official Plan was complete and that it had performed a complete alternatives analysis. During the pendency of the appeal, however, the parties agreed that it would be possible to expand the capacity of the Fayette City Authority STP. Also, during the pendency of the appeal, the parties agreed that costs to treat sewage at the Belle Vernon Authority STP were actually lower than the costs used by Washington in its proposed Official Plan.

   Washington cannot be reimbursed for the cost to develop its proposed Official Plan until the plan is approved by the Department. Washington Township will incur additional costs if it revises and expands the alternatives analysis of its current proposed Official Plan.

   The parties have agreed to a settlement, which is represented by a Consent Order and Adjudication, the major provisions of which include:

   1.  Within 180 days of the approval of the Consent Adjudication by the Board, Washington shall submit to the Department a revised Official Plan which shall include:

   (a)  A revised and expanded alternatives analysis of collection and conveyance to the Belle Vernon Authority STP and/or the Fayette City Authority STP, as well as other possible alternatives.

   (b)  A municipal resolution adopting the revised Official Plan, with specific reference to selecting the alternative of choice and a commitment to implement the selected alternative within the time limits established in an implementation schedule.

   2.  Upon approval of the revised Official Plan, the parties will seek funding from the Rural Economic Community Development agency and other sources to fund the implementation of the Official Plan.

   3.  Upon approval of the revised Official Plan and Washington's submission of a complete planning grant application, the Department will authorize the payment of a planning grant to Washington for 50% of all its eligible planning costs.

   4.  The Department hereby amends the July 13, 1993 Order by modifying the permit limitation in Washington.

   Copies of the full agreement are in the possession of:

   Bruce M. Herschlag, Assistant Counsel, Department of Environmental Protection, Office of Chief Counsel, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, [phone];

   Alan Benyak, Esquire, (Counsel for the Township of Washington), 600 Fallowfield Avenue, Charleroi, PA 15022, [phone];

and at the offices of the Environmental Hearing Board, and may be reviewed by any interested person on request during normal business hours.

   Persons who are aggrieved by the above settlement have a right to appeal to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, PA 17105-8457. Appeals must be filed within 20 days of this publication.

   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 1 [phone].

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

GEORGE J. MILLER,   
Secretary

[Pa.B. Doc. No. 96-1848. Filed for public inspection November 1, 1996, 9:00 a.m.]