889 Exide Corporation v. DEP; EHB doc. no. 96-099- MR

ENVIRONMENTAL HEARING BOARD

Exide Corporation v. DEP; EHB Doc. No. 96-099-MR

[27 Pa.B. 2685]

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

   1.  Exide will complete construction of a system to collect all ''first flush'' stormwater; all stormwater collected in that system will be treated at the onsite wastewater treatment plant (WWTP). The collection system shall be completed by March 8, 1998.

   2.  Exide will pursue relocating its treated wastewater discharge from the unnamed tributary to Bernhart's Creek to the storm sewer which flows into the Schuylkill River. All systems required to complete the relocation shall be constructed no later than April 8, 1999.

   3.  The Interim Limits contained in the Permit for the following parameters: aluminum, phosphorus, 5-day CBOD, dissolved oxygen, osmotic pressure and MBA's, shall expire on April 30, 1999.

   4.  Exide must comply with the Final Limits contained in the Permit, or such other final limits as are set by the Department after review of a Toxics Reduction Evaluation, by April 8, 2001, unless Exide has relocated its treated wastewater discharge and is no longer discharging to the unnamed tributary.

   5.  The Department will modify the Permit at Part A, Pages 3 and 5 to state that Chronic Whole Effluent Toxicity Tests shall be required once every 6 months.

   Copies of the full agreement are in the hands of:

   Kurt J. Weist, Assistant Counsel, DEP, 400 Market Street, Ninth Floor, P. O. Box 8464, Harrisburg, PA 17105-8464, [phone];

   David S. Rifkind, Assistant General Counsel, Exide Corporation, 654 Penn Street, Reading, PA 19601, [phone];

and at the office of the Environmental Hearing Board and may be reviewed by any interested party on request during normal business hours.

   Any person aggrieved by the above settlement has a right to appeal to the Environmental Hearing Board, 400 Market Street, Second Floor, 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 [phone].

   The Environmental Hearing Board is empowered to approve this settlement if no objection is timely made.

[Pa.B. Doc. No. 97-889. Filed for public inspection May 30, 1997, 9:00 a.m.]