2062 Delaware County Regional Water Quality Control Authority, et al. v. Commonwealth of Pennsylvania, Department of Environmental Protection; EHB doc. no. 2005-115-K

ENVIRONMENTAL HEARING BOARD

Delaware County Regional Water Quality Control Authority, et al. v. Commonwealth of Pennsylvania, Department of Environmental Protection; EHB Doc. No. 2005-115-K

[35 Pa.B. 6199]

   The Department of Environmental Protection (Department) and the Delaware County Regional Water Quality Control Authority, Exelon Generation Company LLC, National Railroad Passenger Corporation, Rohm and Haas Company, Sunoco, Inc. and Sunoco, Inc. (R & M) (collectively Appellants) have agreed to a settlement of the appeal noted previously. This appeal challenged the Total Maximum Daily Load (TMDL) for polychlorinated biphenyls for Zones 2--5 of the Tidal Delaware River (PCB TMDL) developed by the United States Environmental Protection Agency on December 15, 2003, with notice of the establishment of the PCB TMDL published by the Department at 35 Pa.B. 2649 (April 30, 2005).

   The parties have signed a Stipulation of Settlement, under which the parties agree to dismiss the pending appeal with the express intention of preserving all issues raised by Appellants in this appeal, so that the dismissal of the appeal will not preclude litigation of the issues in a subsequent proceeding. In any such future proceeding, the Department shall retain its right to raise defenses thereto, however, the Department specifically agrees it will not, on the basis of this dismissal, raise defenses of administrative finality, res judicata, or collateral estoppel as a bar to the adjudication of any and all issues raised in this appeal, which have been preserved by the terms of the Stipulation of Settlement. The Department further agrees that it will support Appellants in the assertion of the position that the issues raised in this appeal are preserved, in response to any claims to the contrary that may be raised by a third party in any subsequent proceeding before the Environmental Hearing Board (Board) and/or any subsequent proceeding in any other tribunal where the Department is a party.

   The parties requested that 30 days after this notice is published in the Pennsylvania Bulletin the Board incorporate the parties' Stipulation of Settlement into an order dismissing the appeal without prejudice and subject to the Stipulation of Settlement. Copies of the full Stipulation of Settlement are in the hands of Martha E. Blasberg, Esquire, Department of Environmental Protection, Southeast Regional Counsel, 2 East Main Street, Norristown, PA 17401, [phone]; and Marc E. Gold, Esquire, Manko, Gold, Katcher & Fox, LLP, 401 City Avenue, Suite 500, Bala Cynwyd, PA 19004, [phone]. Copies of the full Stipulation of Settlement are also available at the office of the Board and may be reviewed by any interested party on request during normal business hours. Interested members of the public may comment to the Board on the Stipulation of Settlement for a period of 30 days from the date of this notice.

MICHAEL L. KRANCER,   
Chairperson

[Pa.B. Doc. No. 05-2062. Filed for public inspection November 4, 2005, 9:00 a.m.]