ENVIRONMENTAL HEARING BOARD National Waste Disposal, Inc. v. DEP; EHB Doc. No. 96-046-MG [27 Pa.B. 629] The Department of Environmental Protection (Department) and National Waste Disposal, Inc. (National Waste) have agreed to a settlement of the above matter.
National Waste, now known as Longview of Mercer County, Inc. is a New Jersey Corporation registered to do business in the Commonwealth of Pennsylvania and has a registered address of c/o Prentice Hall System, Inc., 100 Pine Street, Harrisburg, PA 17108.
On September 30, 1994, the Department issued an administrative order (Order) to National Waste, Donald M. Simons (Simons) and J. J. H. Maguire, Inc. (Maguire) requiring them to immediately cease and desist acceptance, disposal and transfer of all solid waste at a facility located at Silvi Avenue and Bristol Pike, Bristol Township, Bucks County, PA, and properly remove and dispose of the colored mixed glass mixed with solid waste. The Order also contained an assessment of civil penalties for violations of the Solid Waste Management Act against National Waste, Simons and Maguire. Longview of Mercer County, Inc., on behalf of National Waste, filed an appeal with the Environmental Hearing Board (EHB) from the Department's issuance of the permit. The appeal was docketed at EHB Docket No. 96-046-MG.
The parties have agreed to a settlement, the major provisions of which are:
(1) Longview of Mercer County, Inc. shall properly remove and dispose of the mixed colored glass mixed with municipal waste within 270 days of the date of execution of the Consent Adjudication;
(2) Longview of Mercer County, Inc. shall submit monthly status reports to the Department detailing the progress made toward the removal of the mixed colored glass mixed with municipal waste;
(3) Longview of Mercer County, Inc. agrees to pay a civil penalty of $15,983 for the alleged violations of the Order; and
(4) Longview of Mercer County, Inc. agrees to dismissal of its appeal at this docket subject only to the terms and conditions expressed herein.
Copies of the full Consent Adjudication are in the hands of:
Joseph J. McGovern, Esquire, Blank, Rome, Comisky & McCauley, Four Penn Center Plaza, Philadelphia, PA 19103-2599, (215) 569-5555;
Peter J. Yoon, Assistant Counsel, Department of Environmental Protection, Office of Chief Counsel--Southeast Region, Lee Park, 555 East North Lane, Suite 6015, Conshohocken, PA 19428-2233, (610) 832-6300;
and at the office of the Environmental Hearing Board and may be reviewed by any interested party on request during normal business hours.
Persons who are aggrieved by the above settlement may have the right of an appeal to the Environmental Hearing Board, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8457, Second Floor, Harrisburg, PA 17105-8457.
Appeals must be filed within 20 days of this publication. The Environmental Hearing Board is empowered to approve this Consent Adjudication if no objection is timely made.
GEORGE J. MILLER,
Chairperson[Pa.B. Doc. No. 97-155. Filed for public inspection January 31, 1997, 9:00 a.m.]
