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PA Bulletin, Doc. No. 96-486

NOTICES

DELAWARE RIVER
BASIN COMMISSION

Adjudicatory Hearing--Wissahickon Spring Water, Inc., Doc. No. D-95-11

[26 Pa.B. 1389]

   An Adjudicatory Hearing will be conducted by the Delaware River Basin Commission in connection with the docket issued to Wissahickon Spring Water, Inc., Doc. No. D-95-11.

   On April 26, 1995, the Delaware River Basin Commission approved an application for a groundwater withdrawal project by Wissahickon Spring Water, Inc., Docket D-95-11. On September 18, 1995, Oley Township et al. brought an action in the United States District Court for the Eastern District of Pennsylvania against the Delaware River Basin Commission et al., Civil Action No. 95-5873. On October 25, 1995, the Commission adopted Resolution No. 95-10 to provide to Oley Township and any other objectors to the Wissahickon project the opportunity to be heard and present evidence in support of a request to modify or revoke the Wissahickon Docket. The United States District Court in Oley Township et al. vs. DRBC et al. on February 8, 1996, remanded to the Commission the matter before the Court so that a complete administrative hearing record can be developed in accordance with applicable DRBC Regulations and Rules of Practice and Procedure as provided in DRBC Resolution No. 95-10.

   At its February 28, 1996 business meeting, the Commission adopted Resolution No. 96-2 directing the Executive Director and DRBC staff to proceed with an Adjudicatory Hearing in accordance with the provisions of Article 6 of its Rules of Practice and Procedure to provide any objectors to the Wissahickon Docket an opportunity to be heard and present evidence supporting modification or revocation of the Wissahickon Docket.

   The hearing shall be conducted before a Hearing Officer who shall take evidence and compile the record necessary to a decision. The findings of fact and conclusions of law of the Hearing Officer shall be provided to the DRBC Commissioners as provided in the above-cited Rules.

   Any person desiring to testify or otherwise participate in the Adjudicatory Hearing shall notify the Commission and Wissahickon Spring Water, Inc. of their intention on or before 5 p.m. on April 17, 1996. Persons intending to participate in the Adjudicatory Hearing shall file with the Commission a summary statement of their testimony before 5 p.m. on May 10, 1996. Persons intending to submit expert witness testimony shall also file in writing the proposed testimony of the expert witness and any supporting technical reports or other documents with the Commission and Wissahickon Spring Water, Inc. before 5 p.m. on May 10, 1996.

   Testimony will be taken before the Hearing Officer on Monday, July 8, 1996, commencing at 10 a.m. The hearing will be continued day to day until concluded and will be held in the Goddard Conference Room at the offices of the Commission, 25 State Police Drive, West Trenton, NJ.

   All statements, testimony and other documents filed with the Commission concerning this hearing will be available for public inspection during regular Commission hours. A copy of the Commission's Rules of Practice and Procedure, Article 6, Conduct of Hearings, the Procedures to be followed and the Schedule for the Adjudicatory Hearing for the Wissahickon Docket will be made available upon request.

SUSAN M. WEISMAN,   
Secretary

[Pa.B. Doc. No. 96-486. Filed for public inspection March 29, 1996, 9:00 a.m.]


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