Zinc Corporation of America v. DEP; EHB Doc. No. 91-451-E [26 Pa.B. 638] The Department of Environmental Protection (Department) and Zinc Corporation of America (Company) has agreed to a settlement of the above matter regarding its facility located in Palmerton Borough, Carbon County.
The Department had issued an NPDES permit on September 23, 1991, authorizing the Company to discharge to the Aquaschicola Creek and the Lehigh River in accordance with the effluent limitations, monitoring requirements and other conditions set forth in the Permit. The Company filed a timely appeal challenging the effluent limitations and other conditions.
The parties have agreed to a settlement, the major provisions of which include:
(1) Within 10 days following entry of the Consent Adjudication & Order, the Company shall withdraw its comments on the draft NPDES Permit No. PA 0012751.
(2) Within 60 days following entry of the Consent Adjudication & Order, the Department shall issue NPDES Permit No. PA 0012751 which will include effluent limitations identical to those published in the December 4, 1993 Pennsylvania Bulletin.
(3) The NPDES permit will be for a duration of 5 years.
Copies of the full agreement are in the hands of:
Barbara L. Smith, Assistant Counsel, Department of Environmental Protection, Office of Chief Counsel, 2 Public Square, Wilkes-Barre, PA 18711-0790, (717) 826-2519;
John N. Moore, Esquire, Akin, Gump, Strauss, Hauer & Feld, L.L.P., 1333 New Hampshire Avenue, N.W., Suite 400, Washington, D.C. 20036, (202) 887-4000;
and at the Offices of the Environmental Hearing Board, and may be reviewed by any interested party on request during normal business hours.
Persons aggrieved by the above settlement have a right to appeal to the Environmental Hearing Board, Rachel Carson State Office Building, 2nd Floor, 400 Market Street, Harrisburg, PA 17105-8457.
If information concerning this notice is required in an alternative form, contact the Secretary to the Board at (717) 783-3483. TDD users may telephone the Board through the AT&T Pennsylvania Relay Center at 1 (800) 654-5984.
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. 96-194. Filed for public inspection February 9, 1996, 9:00 a.m.]
