1374 Grand Central Sanitary Landfill, Inc. v. Commonwealth of Pennsylvania, Department of Environmental Protection; EHB doc. no. 2003-171-MG

ENVIRONMENTAL
HEARING BOARD

Grand Central Sanitary Landfill, Inc. v. Commonwealth of Pennsylvania, Department of Environmental Protection; EHB Doc. No. 2003-171-MG

[34 Pa.B. 3993]

   The Commonwealth, Department of Environmental Protection (Department) and Grand Central Sanitary Landfill, Inc. (Appellant) have agreed to a settlement of the previous matter. The Commonwealth, through the Department, had issued Water Obstruction and Encroachment Permit No. E48-318 (Permit) to the Appellant that authorized the Appellant's request, through an application, for the construction and maintenance of two road crossings associated with the Grand Central Sanitary Landfill (Landfill) and across two tributaries to the Little Bushkill Creek, which are designated by regulation to be high quality, cold water fishery, and to fill 0.28 acre of wetlands. The Permit required that the Appellant sign a copy of both the Permit and the Acknowledgment of Appraisal of Permit Conditions (Acknowledgment) and return these executed documents to the Department, indicating that the Appellant accepted the conditions of the Permit. The Appellant did not sign or return these documents to the Department, and by this action and the terms of the Permit, the Permit is void. The Appellant appealed the Permit to the Environmental Hearing Board.

   The parties agreed to a settlement on June 21, 2004, the major provisions of which include the following:

   1.  The Appellant withdraws its request and application for a permit to allow construction of the two road crossings. To the extent that the application has been withdrawn, the Permit and Acknowledgment are unsigned, the Permit is void, the statement that the wetlands are exceptional value is of no effect and is not to be considered a final determination by the Department. The parties agree that the Department reserves the right to make the determination regarding wetlands and that the Appellant reserves the right to challenge the determination in the context of any future action.

   2.  The settlement shall in no way limit or restrict the ability of the Appellant to:  (a) submit future applications to the Department and others for the expansion of the Landfill; (b) assert any objections raised in its Notice of Appeal in this matter in any future action, appeal, permit modification plan or application, including without limitation a major permit modification for expansion of the Landfill; or (c) assert any objections raised in its Notice of Appeal in response to future actions by the Department or any other person or entity.

   3.  The settlement shall in no way limit or restrict the ability of the Commonwealth to review any application for the expansion of the Landfill in accordance with paragraph 4.

   4.  Consistent with 25 Pa. Code § 273.202(b) (relating to areas where municipal waste landfills are prohibited), the Department agrees in connection with its review of any applications for the expansion of the Landfill, that the isolation distances identified in 25 Pa. Code § 273.202(a)(2) shall not apply to the areas that were permitted as a municipal waste landfill prior to April 9, 1988, and included in a municipal waste landfill permit issued between April 9, 1988, and December 23, 2000. These areas are identified on maps attached to the settlement agreement.

   Copies of the full settlement agreement are in the hands of Lance Zeyher, Esquire, Regional Counsel, Department of Environmental Protection, Northeast Region, 2 Public Square, Wilkes-Barre, PA 18711-0790, [phone]; and Jonathan E. Rinde, Esquire, Manko, Gold, Katcher & Fox, LLP, 401 City Avenue, Suite 500, Bala Cynwyd, PA 19004, [phone].

   Copies of the full agreement may be reviewed by any interested party on request during normal business hours at the office of the Environmental Hearing Board, 2nd Floor, Rachel Carson State Office Building, 400 Market Street, Harrisburg, PA.

MICHAEL L. KRANCER,   
Chairperson

[Pa.B. Doc. No. 04-1374. Filed for public inspection July 23, 2004, 9:00 a.m.]