ENVIRONMENTAL
HEARING BOARDJoseph Daniels v. DEP; EHB Doc. No. 99-238-MG [30 Pa.B. 2429] The Department of Environmental Protection (Department) and Joseph Daniels have agreed to settle the above-referenced matter. Joseph Daniels owns a parcel of land located at the intersection of Newport Lancaster Pike (PA Route 41) and Limestone Road (PA Route 10), West Fallowfield Township, Chester County (site). The site is the location of a former retail gasoline station and auto service center. The site includes an underground storage tank facility (facility). The facility consists of three 4,000 gallon and one 8,000 gallon gasoline underground storage tanks (USTs) which had been out of service from 1978 until they were removed in July 1990.
On October 28, 1999, the Department issued an order and civil penalty assessment which required that Joseph Daniels undertake the following activities at the site:
(1) Conduct a complete site characterization.
(2) Prepare and submit to the Department a remedial action plan.
(3) Implement the remedial action plan according to the schedule contained therein.
(4) Provide monthly status reports to the Department for activities at or associated with the facility.
(5) Submit to the Department a copy of the closure report for the four gasoline underground storage tanks closed at the Facility on July 20, 1990.
(6) Submit to the Department information regarding contaminated soils removed from the underground storage tank excavations.
(7) Pay a civil penalty of $58,000 to the Storage Tank Fund.
On or about November 24, 1999, Joseph Daniels filed the previously-referenced appeal to the Department's order and civil penalty assessment with the Environmental Hearing Board (Board).
On December 28, 1999, Joseph Daniels submitted to the Department a partial site characterization.
The parties have agreed to a settlement of the previously-referenced matter by way of a consent order and agreement, the major provisions of which require that Joseph Daniels do the following:
(1) Withdraw his appeal to the Department's order and civil penalty assessment.
(2) Submit to the Department a work plan identifying and describing the additional site characterization activities to be conducted.
(3) Conduct additional site characterization.
(4) Submit to the Department a supplemental site characterization report.
(5) Prepare, submit to the Department and implement a remedial action plan, if necessary.
(6) Submit to the Department a remedial action completion report or submit to the Department a report which documents the attainment of soil and groundwater with Act 2 cleanup standards.
(7) Continue to provide a status report for the activities conducted at the site on a monthly basis.
(8) Pay a civil penalty of $28,072 to the Storage Tank Fund.
Copies of the full agreement are in the hands of: Mark L. Freed, Assistant Counsel, Department of Environmental Protection, Office of Chief Counsel, Southeast Region, Lee Park, 555 North Lane, Suite 6015, Conshohocken, PA 19428, (610) 832-6300; Susan P. LeGros, LeGros Law Partners, Suite 275, 1000 Westlakes Drive, Berwyn, PA 19312, (610) 640-7350; and at the Board's office and may be reviewed by an interested party during normal business hours.
GEORGE J. MILLER,
Chairperson[Pa.B. Doc. No. 00-810. Filed for public inspection May 12, 2000, 9:00 a.m.]
