ENVIRONMENTAL HEARING BOARD Delaware Valley Recycling, Inc. v. DEP; Doc. No. 96-087-MG [27 Pa.B. 4161] The Department of Environmental Protection (Department) and Delaware Valley Recycling (DVR) have proposed a settlement of the above appeal.
On March 20, 1996, the Department issued an order to DVR suspending Solid Waste Permit No. 101541, requiring the removal of all solid waste materials located on the DVR facility, the removal of certain solid waste material placed on the property of Louis Dreyfus Energy Corporation (hereinafter LDE), and the payment of civil penalties.
The parties have agreed to a settlement of the appeal, the major provisions of which include:
1. DVR may continue to accept concrete and rubble for processing into aggregate, and may continue to accept grubbing material for processing into wood chips.
2. DVR will remove the semi-processed material known as the ''berm material'' or ''toothpick material'' from the DVR site and from the LDE property within 18 months of the effective date of the CO&A, under a plan approved by the Department.
3. DVR may accept used asphalt shingles and similar used asphalt-based roofing materials (collectively shingles) for processing. To facilitate the efficient handling of these used shingles, DVR has submitted and the Department has approved plans for the installation of a bituminous pad, for storage of the unprocessed shingles, and for temporary storage of the processed shingles, in separate piles.
4. DVR has provided security in the amount of $150,000 to guarantee the removal of the berm material. This security shall be released to DVR if the berm material is removed in accordance with the agreed schedule and the penalty of $75,000 is fully paid in accordance with the provisions of the CO&A.
5. Once DVR has removed the berm material located on the DVR property, the Department will promptly lift the permit suspension imposed by the Department order, provided that DVR is in compliance with the provisions of the CO&A. Once the permit suspension is lifted, the storage of unprocessed C&D waste shall be limited to an area measuring 7,500 cubic yards. Except as modified in the CO&A, the existing Department permit held by DVR shall continue as it presently exists. Asphalt processing may continue in accordance with the plans found at Appendix B of the CO&A. Within 60 days of the date that the permit suspension is lifted, DVR shall submit a minor permit amendment application covering the asphalt shingle processing facilities which are covered by this CO&A.
6. DVR shall pay a civil penalty of $75,000 in settlement of the penalties assessed in the Department's order. This penalty shall also cover any additional penalties which the Department could assess for matters covered by this CO&A occurring since the issuance of the order.
7. DVR may submit a minor permit amendment application to:
(a) Permit the extension of the concrete pad upon which the mixed C&D has been located from its existing location to DVR's processing equipment.
(b) Add an 11 foot diameter tub grinder with fabricated metal hood mounted on skids for easy movement when not needed (already in place);
(c) Add miscellaneous storage and operations associated with the roofing material processing operation;
(d) Add certain inlets and fire hydrants (already in place);
(e) Add miscellaneous conveyors (already in place);
(f) Add a portable screen (already in place);
(g) Add two trommel screens (already in place); and
(h) Add a dual chamber concrete settling tank (already in place).
For those items which are noted as being already in place, a minor permit amendment application shall be submitted within 60 days of the effective date of this CO&A. DVR may submit permit amendment applications to cover all other desired changes to the operation and design of the DVR site, including new equipment and new construction. The Department will also entertain a permit amendment proposal which would allow DVR to bring equipment on to the site on an experimental basis.
Copies of the full agreement are in the hands of:
Wm. Stanley Sneath, Assistant Counsel, Department of Environmental Protection, Office of Chief Counsel-Southeast Region, 555 North Lane, Suite 6015, Conshohocken, PA 19428 (610) 832-6300;
Nancy Roncetti, Solid Waste Operations Manager, 555 North Lane, Suite 6010, Conshohocken, Pa 19428, (610) 832-6300;
Paul R. Ober, Esquire, 234 North Sixth Street, Reading, PA 19601, (610) 378-0121;
and at the office of the Environmental Hearing Board and may be reviewed by an interested party on request during normal business hours.
A person aggrieved by the above settlement has 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 must be filed within 20 days after 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. 97-1318. Filed for public inspection August 15, 1997, 9:00 a.m.]
