ENVIRONMENTAL HEARING BOARD Chesterfield Development Corporation v. DEP; EHB Doc. No. 96-002-MR [26 Pa.B. 1312] The Department of Environmental Protection (Department) and Chesterfield Development Corporation (Chesterfield) have agreed to a settlement of the appeal at the above-referenced docket. On December 6, 1996, the Department sent a letter to Chesterfield in response to correspondence from Chesterfield requesting that the Department modify a prohibition on connections to the Westtown Sewer Company plant (Plant) in Westtown Township, Chester County. Chesterfield sought the modification in order to allow the connection of homes in the Green Lane Village Development (Green Lane) to the Plant. The Department's December 6, 1995 letter informed Chesterfield that the Department had no basis to consider lifting the prohibition. Chesterfield filed an appeal to the Environmental Hearing Board seeking review of the December 6, 1995 letter.
The parties have agreed to a settlement of the appeal, the major provisions of which include:
(1) The Department has agreed to modify the prohibition on new connections to the Plant to allow the connection of 44 units in Green Lane, and to review requests to authorize the connection of additional units in Green Lane as improvements are made at the Plant.
(2) Chesterfield has agreed to assume responsibility for payment for the current pump and haul operation at Green Lane and will pay all costs incurred by the Department for operation of the pump and haul, as well as all outstanding unpaid bills for the pump and haul.
(3) Chesterfield has agreed to the dismissal of the appeal at this docket.
Copies of the full agreement are in the hands of:
Hershel J. Richman, Esquire, Dechert Price & Rhoads, 4000 Bell Atlantic Tower, 1717 Arch Street, Philadelphia, PA 19103-2793, (215) 988-4000;
Martha E. Blasberg, Assistant Counsel, Department of Environmental Protection, Office of Chief Counsel--Southeast Region, Lee Park, 555 E. 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 have a right to appeal to the Environmental Hearing Board, 2nd Floor, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, PA 17105-8457.
Appeals shall be filed within 20 days of this publication.
The Environmental Hearing Board is empowered to approve this settlement which becomes final if no objection is timely made.
GEORGE J. MILLER,
Chairperson[Pa.B. Doc. No. 96-459. Filed for public inspection March 22, 1996, 9:00 a.m.]
