308 McCandless Township Sanitary Authority v. DEP: Doc. no. 95-218-R

McCandless Township Sanitary Authority v. DEP; Doc. No. 95-218-R

[26 Pa.B. 952]

   The Department of Environmental Protection (Department) and the McCandless Township Sanitary Authority (MTSA) have agreed to a settlement of the above matter.

   MTSA owns and operates a publicly owned treatment works known as the Pine Creek Sewage Treatment Plant (STP) in Hampton Township, Allegheny County. On September 7, 1995, the Department issued NPDES Permit No. PA0027669 (NPDES Permit) to MTSA authorizing the discharge of treated sewage from the STP to Pine Creek. The NPDES Permit imposed water quality-based effluent limitations (WQBELs) for Total Residual Chlorine (TRC) beginning the 37th month of the NPDES permit term through its expiration.

   MTSA appealed the issuance of the NPDES Permit to the Environmental Hearing Board challenging the imposition of WQBELs for TRC.

   The parties have agreed to a settlement, the major provision of which include:

   1.  MTSA shall submit to the Department results of a site specific study for TRC (TRC Study).

   2.  Upon receipt of the TRC Study, the Department shall re-evaluate the WQBELs for TRC currently set forth in the NPDES permit.

   3.  In any future appeal of the Department's re-evaluation of the WQBELs for TRC, MTSA shall not challenge the validity of the formulas used by the Department to calculate such WQBELs. MTSA, however, may challenge the data input for the variables of those formulas.

   4.  The settlement, which is reflected in a Consent Order and Adjudication between MTSA and the Department, constitutes a full settlement of, and terminates with prejudice, the appeal before the Environmental Hearing Board at EHB Docket No. 95-218-R.

   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];

   Ronald J. Brown, Esq., Grogan, Graffam, McGinley & Lucchino, P.C., Three Gateway Center, 22nd Floor, Pittsburgh, PA 15222, [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,   
Chairperson

[Pa.B. Doc. No. 96-308. Filed for public inspection March 1, 1996, 9:00 a.m.]