ENVIRONMENTAL HEARING BOARD Stephen and Frank Ferino v. DEP; EHB Doc. No. 2000-284-K [32 Pa.B. 842] The Department of Environmental Protection (Department) and appellants Stephen and Frank Ferino (Ferinos) have agreed to a settlement of the previous matter. The Department had ordered the Ferinos, under date of November 22, 2000, to: cease operation of their Wrightstown Township, Bucks County retail gasoline station (facility) and empty the facility's storage tanks, pending certain testing and provision to the Department of certain documentation relating to leak prevention, monitoring and detection; submit to the Department a site characterization plan, in accordance with 25 Pa. Code § 245.309 (relating to site characterization); submit to the Department, and implement as approved, a remedial action plan relating to abatement and/or prevention of potential and/or existing groundwater contamination in accordance with 25 Pa. Code § 245.311 (relating to remedial action plan); monitor nearby water wells, and where appropriate, provide alternative water supplies; and provide status reports to the Department. The same document also assessed against the Ferinos a civil penalty under the Storage Tank and Spill Prevention Act (Storage Tank Act) (35 P. S. §§ 6021.101--6021.2104).
The parties have agreed to a settlement, the major provisions of which include: the Ferinos agree not to contest the findings in the November 22, 2000, order and penalty assessment; the Ferinos will carry out the approved remedial action plan; the Ferinos will conduct monitoring of nearby water wells, and where appropriate, provide alternative water supplies; the Ferinos will provide status reports to the Department on an agreed schedule; the appeal is withdrawn without prejudice; and the Storage Tank Act civil penalty assessment is withdrawn without prejudice to the Department's ability to reassess a penalty for the violations in the order and assessment at some future date.
Copies of the full agreement are in the hands of Mary Lou Delahanty, Esquire, Szaferman, LaKind, Blumstein, Watter & Blader, 101 Grovers Mill Road, Suite 104, Lawrenceville, NJ 08648, (609) 275-0400; and Kenneth A. Gelburd, Assistant Regional Counsel, Department of Environmental Protection, Office of Chief Counsel--Southeast Region, Lee Park, 555 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.
GEORGE J. MILLER,
Chairperson[Pa.B. Doc. No. 02-224. Filed for public inspection February 8, 2002, 9:00 a.m.]
