[26 Pa.B. 4771]
[Continued from previous Web Page]
Proposed NPDES Permit Renewal Actions for Minor Sewage Discharges
The following parties have applied to renew their current NPDES permits to allow the continued discharge of controlled wastewater into the surface waters of this Commonwealth. The Department of Environmental Protection (DEP) has made a tentative determination to renew these permits and proposes to issue them, subject to their current permit effluent limitations, and monitoring and reporting requirements, with appropriate and necessary updated requirements to reflect new or changed regulations and other requirements. The updates may include, but will not be limited to, applicable permit conditions and/or requirements addressing combined sewer overflows (CSOs), municipal sewage sludge management, and total residual chlorine control (TRC). Any major changes to or deviations from the terms of the existing permit will be documented and published with the final Department actions.
The EPA, Region III, Regional Administrator has waived the right to review or object to these proposed permit actions under the waiver provision 40 CFR 123.6E.
Persons wishing to comment on the proposed permits are invited to submit a statement to the Field Operations indicated as the office responsible, within 30 days from the date of this public notice. Comments received within this 30-day period will be considered in the formulation of the final determinations regarding these applications and proposed permit actions. Comments should include the name, address and telephone number of the writer and a brief statement to inform the Field Office of the basis of the comment and the relevant facts upon which it is based. A public hearing may be held if the Field Office considers the public response significant.
Following the 30-day comment period, the Water Management Program Managers will make a final determination regarding the proposed permit action. Notice of this determination will be published in the Pennsylvania Bulletin at which time this determination may be appealed to the Environmental Hearing Board.
The permit renewal application and related documents, proposed effluent limitations and special conditions, comments received and other information are on DEP's file. The documents may be inspected at, or a copy requested from, the Field Office that has been indicated above the application notice.
Southcentral Regional Office, Water Management Program, One Ararat Boulevard, Harrisburg, PA 17110, telephone (717) 657-4590.
NPDES Facility County and Tributary New Permit No. Name and Address Municipality Stream Requirements PA0085014 Conestoga Township
1956 Milton Grove Rd.
Mount Joy, PA 17552Lancaster
ConestogaPequea Creek N/A PA0021202 East Berlin Borough
128 Water Street
East Berlin, PA
17316Adams
East BerlinConewago Creek N/A PA0021865 Borough of Adamstown
P. O. Box 546
98 Lancaster Avenue
Adamstown, PA 19501Lancaster
East CocalicoLittle Muddy Creek N/A
The following parties have applied for an NPDES permit to discharge stormwater from a proposed construction activity into the surface waters of the Commonwealth. Unless otherwise indicated on the basis of preliminary review and application of lawful standards and regulations, the Department of Environmental Protection proposes to issue a permit to discharge, subject to certain limitations set forth in the permit and special conditions. These proposed determinations are tentative. Limitations are provided in the permit as erosion and sedimentation control measures and facilities which restrict the rate and quantity of sediment discharged.
Where indicated, the EPA, Region III, Regional Administrator has waived the right to review or object to this proposed permit action under the waiver provision 40 CFR 123.24(d).
Persons wishing to comment on the proposed permit are invited to submit a statement to the Regional Office or County Conservation District Office indicated as the responsible office, within 30 days from the date of this public notice. A copy of the written comments should be sent to the County Conservation District Office. Comments reviewed within this 30-day period will be considered in the formulation of the final determinations regarding this application. Responses should include the name, address and telephone number of the writer and a concise statement to inform the Regional Office of the exact basis of a comment and the relevant facts upon which it is based. A public hearing may be held if the Regional Office considers the public response significant.
Following the 30-day comment period, the Water Program Manager will make a final determination regarding the proposed permit. Notice of this determination will be published in the Pennsylvania Bulletin at which time this determination may be appealable to the Environmental Hearing Board.
The application and related documents, including the erosion and sedimentation control plan for the construction activity, are on file and may be inspected at the County Conservation District Office or the Department Regional Office indicated above the application.
Persons with a disability who wish to attend the hearing and require an auxiliary aid, service or other accommodation to participate in the proceedings should contact the specified program. TDD users may contact the Department through the Pennsylvania AT&T Relay Service at 1 (800) 654-5984.
Southeast Regional Office, Regional Water Management Program Manager, Lee Park, Suite 6010, 555 North Lane, Conshohocken, PA 19428-2233, telephone (610) 832-6130.
Northeast Regional Office, Regional Water Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790, telephone (717) 825-2511.
Northwest Regional Office, Regional Water Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481, telephone (814) 332-6942.
Southcentral Regional Office, Regional Water Management Program Manager, One Ararat Boulevard, Harrisburg, PA 17110, telephone (717) 657-4590.
Bedford County Conservation District, District Manager, Fairlawn Ct. Ste. 4 702 W. Pitt St., Bedford, PA 15522, telephone (814) 623-6706.
NPDES Permit PAS100411. Stormwater. Department of Environmental Protection, Bureau of Abandoned Mine Reclamation, 122 S. Center Street, Ebensburg, PA 15931 has applied to discharge stormwater from a construction activity located in Broad Top Township, Bedford County, to Longs Run.
Bucks County Conservation District, District Manager, 924 Town Center, New Britain, PA 18901, telephone (215) 345-7577.
NPDES Permit PAS10D083. Stormwater. Cedar Crest Ltd. Partnership, 1795 S. Easton Road, Doylestown, PA 18901 has applied to discharge stormwater from a construction activity located in Doylestown Township, Bucks County, to Neshaminy Creek.
Butler County Conservation District, District Manager, 122 McCune Drive, Butler, PA 16001-6501, telephone (412) 284-5270.
NPDES Permit PAS10E058. Stormwater. Jeffrey Meyerl, Bewar Paw Properties Inc., 108 Lakeland Drive, Mars, PA 16046 has applied to discharge stormwater from a construction activity located in Cranberry Township, Butler County, to UNT to Brush Creek.
Lackawanna County Conservation District, District Manager, 395 Bedford St., Bedford Station, Clarks Summit, PA 18411, telephone (717) 587-2607.
NPDES Permit PAS10N021. Stormwater. Anthony Rinaldi, Greenview Development, Inc., Scranton Life Building, 5th Floor, Scranton, PA 18503 has applied to discharge stormwater from a construction activity located in Throop Borough, Lackawanna County, to the Lackawanna River.
Mifflin County Conservation District, District Manager, 20 Windmill Hill #4, Burnham, PA 17009, telephone (717) 248-4695.
NPDES Permit PAS104501. Stormwater. Department of Transportation, 1924-30 Daisy Street, Clearfield, PA 16830 has applied to discharge stormwater from a construction activity located in Brown and Armagh Townships, Mifflin County, to Tea, Honey, Laurel and Lingle Creeks.
Montgomery County Conservation District, District Manager, 1015 Bridge Road, Ste. B, Collegeville, PA 19426, telephone (610) 489-4506.
NPDES Permit PAS10T071. Stormwater. Pottsgrove School District, 1301 Kauffman Road, Pottstown, PA 19464 has applied to discharge stormwater from a construction activity located in Upper Pottsgrove Township, Montgomery County, to Sprogels Run.
The following permit applications and requests for plan approval have been received by the Department of Environmental Protection.
Persons objecting on the grounds of public or private interest to the approval of an application or submitted plan may file a written protest with the Department of Environmental Protection at the address indicated above each permit application or plan. Each written protest should contain the following: name, address and telephone number, identification of the plan or application to which the protest is addressed and a concise statement in sufficient detail to inform the Department of the exact basis of the protest and the relevant facts upon which it is based. The Department may conduct a fact-finding hearing or an informal conference in response to any given protest or protests. Each commenter will be notified in writing of the time and place if a hearing or conference concerning the plan, action or application to which the protest relates is held. To insure consideration by the Department prior to final action on permit applications and proposed plans, initial protests and additions or amendments to protests already filed should be filed within 15 calendar days from the date of this issue of the Pennsylvania Bulletin. A copy of each permit application and proposed plan is on file in the office indicated and is open to public inspection.
Persons with a disability who wish to attend the hearing and require an auxiliary aid, service or other accommodation to participate in the proceeding should contact the Secretary to the Board at (717) 787-3483. TDD users may contact the Department through the Pennsylvania AT&T Relay Service at 1 (800) 654-5984.
Industrial waste and sewerage applications under The Clean Streams Law (35 P. S. §§ 691.1--691.1001).
Southwest Regional Office, Water Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, telephone (412) 442-4000.
A. 2685407. Sewerage, Fairchance-Georges Joint Municipal Sewage Authority, 125A West Church Street, Fairchance, PA 15436. Application for modification to the existing wastewater treatment plant consisting of new equalization tank, and replacement of existing raw sewage pumps, and replacement of coarse bubble aeration system with fine bubble aeration system, new yard piping, located in the Township of Georges, Fayette County to serve the Fairchance-Georges STP.
A. 5696408. Sewerage, Somerset Borough Municipal Authority, 340 W. Union St., Somerset, PA 15501. Application for construction of a parallel sewer line along Parsons Run to serve portions of Somerset Township and Somerset Borough located in Somerset County. The Pennsylvania Infrastructure Investment Authority (Pennvest) which administers Pennsylvania's State Revolving Fund has been identified as a possible funding source. The Department's review of the Sewage Facilities Plan Revision has not identified any significant environmental impacts resulting from this proposal.
A. 6396409. Sewerage, South Strabane Township Sanitary Authority, 550 Washington Road, Washington, PA 15301. Application for the construction of a pump station, force main and parallel relief lines to replace the existing Windsor Highlands Sewage Treatment Plant located in the Township of South Strabane, Washington County. The Pennsylvania Infrastructure Investment Authority (Pennvest) which administers Pennsylvania's State Revolving Fund has been identified as a possible funding source. The Department's review of the Sewage Facilities Plan Revision has not identified any significant environmental impacts resulting from this proposal.
A. 6593401. Sewerage, Derry Township Municipal Authority, P. O. Box 250, New Derry, PA 15671-0250. Application for construction of gravity sewer extensions to the Kingston, Elmadale and Oaklawn Meadows areas of the Township and construction of a sewage pumping station at Elmadale. The Pennsylvania Infrastructure Investment Authority (Pennvest) which administers Pennsylvania's State Revolving Fund has been identified as a possible funding source. The Department's review of the Sewage Facilities Plan Revision has not identified any significant environmental impacts resulting from this proposal.
Southcentral Regional Office, Water Management Program Manager, One Ararat Boulevard, Harrisburg, PA 17110, telephone (717) 657-4590.
A. 0596407. Sewage, Vincent J. Capricci, 11701 Woodlea Drive, Waynesboro, PA 17268 to construct an individual residence small flow treatment facility in Monroe Township, Bedford County was received in the Southcentral Regional office on September 13, 1996.
Applications received under the Pennsylvania Safe Drinking Water Act (35 P. S. §§ 721.1--721.17).
Southcentral Regional Office, Sanitarian Regional Manager, One Ararat Boulevard, Harrisburg, PA 17110, telephone (717) 657-4692.
A. 3896504. Public water supply. Mt. Gretna Heights Association, Inc., W. Cornwall Township, Lebanon County, (Max Hunsicker, Secretary on the Board of Directors, P. O. Box 391, Mt. Gretna, PA 17064), installation of soda ash/caustic soda injection system for pH adjustment and a polyphosphate injection system for iron sequestration and corrosion control, (David J. Gettle, P. E., Kohl Bros., Inc., P. O. Box 350, Myerstown, PA 17067).
A. 3696502. Public water supply. Bainbridge Water Authority, Conoy Township and the Village of Bainbridge, Lancaster County, (Charles Emerick, Chairperson, P. O. Box 338, Bainbridge, PA 17502), installation of a corrosion control treatment system to combat lead and copper corrosion. An ortho/polyphosphate will be used as the chemical of choice, (Michael S. Moulds, P. E., RETTEW Associates, Inc., 3020 Columbia Avenue, Lancaster, PA 17603).
A. 3696504. Public water supply. Timber Villa, Inc., West Donegal Township, Lancaster County, (David G. Heisey, President, 1898 N. Market Street. Elizabethtown, PA 17022), permit an existing public water supply system which consists of five wells, transmission main, distribution mains, disinfection, 60,000 gallon storage tank and a booster pump station, (Kent Bachmann, Glace Associates, Inc., 3705 Trindle Road, Camp Hill, PA 17011).
A. 0196502. Public water supply. Hoffman Homes For Youth, Inc., Mt. Joy Township, Adams County, (Kurt Hagmayer, Residential Services Manager, 819 Orphanage Road, Littlestown, PA 17340), new well to serve an existing community water supply. Also proposing to modify disinfection facilities and begin phosphate addition for corrosion control, (Kent Bachmann, P. E., Glace Associates, Inc., 3705 Trindle Road, Camp Hill, PA 17011).
Northwest Regional Office, Sanitarian Regional Manager, 230 Chestnut Street, Meadville, PA 16335-3481, telephone (814) 332-6899.
A. 2596505. Public water supply. Albion Borough Municipal Authority, 15 Smock Avenue, Albion, PA 16401-1113. This proposal involves the construction of two groundwater production wells (Gage Road and Pomeroy), construction of 3000+ feet of 6'' PVC transmission main, construction of water treatment system for iron and manganese removal and pressure filtration, and the installation of a settling tank for backwash water treatment in Albion Borough, Erie County.
Acknowledgment of Notices of Intent to Remediate
Acknowledgment of Notices of Intent to Remediate submitted to the Department of Environmental Protection under the Land Recycling and Environmental Remediation Standards Act (35 P. S. §§ 6026.101--6026.908).
Sections 302 and 303 of the Land Recycling and Environmental Remediation Standards Act (act) require the Department of Environmental Protection to publish in the Pennsylvania Bulletin an acknowledgment noting receipt of any Notices of Intent to Remediate. An acknowledgment of the receipt of a Notice of Intent to Remediate identifies a site where a person proposes to, or has been required to, respond to a release of a regulated substance at a site. Persons intending to use the background or Statewide health standard to remediate a site must file a Notice of Intent to Remediate with the Department. A Notice of Intent to Remediate filed with the Department must provide a brief description of the location of the site, a list of known contaminants at the site, the proposed remediation measures for the site, and a description of the intended future use of the site. A person who demonstrates attainment of one or a combination of the cleanup standards identified under the act will be relieved of further liability for the remediation of the site for any contamination identified in reports submitted to and approved by the Department and shall not be subject to citizen suits or other contribution actions brought by responsible persons not participating in the remediation.
For further information concerning the content of a Notice of Intent to Remediate, contact the Department of Environmental Protection Regional Office under which the notice appears. If information concerning this acknowledgment is required in an alternative form, contact the community relations coordinator at the appropriate Regional Office listed. TDD users may telephone the Department through the AT&T Relay Service at 1 (800) 654-5984.
The Department of Environmental Protection has received the following Notices of Intent to Remediate:
Northeast Regional Field Office, Joseph Brogna, Regional Environmental Cleanup Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790, telephone (717) 826-2511.
Coleman Residence, Coaldale Borough, Schuylkill County. Glen E. Rieger, Senior Engineer with Environmental Strategies Corporation, Four Penn Center West, Suite 315, Pittsburgh, PA (on behalf of his clients Thomas and Kimberly Coleman, 53 East Phillips Street, Coaldale, PA) has submitted a Notice of Intent to Remediate site soils contaminated with petroleum hydrocarbons. The applicant proposes to meet the Statewide health standard.
Northwest Regional Office, John Fruehstorfer, Environmental Cleanup Program Manager, 230 Chestnut Street, Meadville, PA 16335, (814) 332-6648.
The William J. Bainbridge Technology Center, R. D. 2 Dunham Road, City of Meadville, Crawford County, has submitted a Notice of Intent to Remediate Soils contaminated with PCBs. The applicant proposes to remediate the site to meet the Background Standard. A summary of the Notice of Intent to Remediate was published in the Meadville Tribune on September 6, 1996.
Sections 304 and 305 of the Land Recycling and Environmental Remediation Standards Act (act) require the Department of Environmental Protection to publish in the Pennsylvania Bulletin an acknowledgment noting receipt of any Notices of Intent to Remediate. An acknowledgment of the receipt of a Notice of Intent to Remediate is used to identify a site where a person proposes to, or has been required to, respond to a release of a regulated substance at a site. Persons intending to use a site-specific standard or who intend to remediate a site in a Special Industrial Area must file a Notice of Intent to Remediate with the Department. A Notice of Intent to Remediate filed with the Department provides a brief description of the location of the site, a list of known contaminants at the site, the proposed remediation measures for the site and a description of the intended future use of the site. A person who demonstrates attainment of one or a combination of the cleanup standards identified under the act will be relieved of further liability for the remediation of the site for any contamination identified in reports submitted to and approved by the Department and shall not be subject to citizen suits or other contribution actions brought by responsible persons not participating in the remediation.
Under sections 304(n)(1)(ii) and 305(c)(2) of the act, there is a 30-day public and municipal comment period for sites proposed for remediation using a site-specific cleanup standard, in whole or in part, and for sites determined to be located in Special Industrial Areas. This period begins when a summary of the Notice of Intent to Remediate is published in a newspaper of general circulation in the area by the person conducting remediation. For the sites identified below, a municipality may request to be involved in the development of the remediation and reuse plans for the site if the request is made within 30 days of the date specified below. During this comment period, a municipality may request that the person identified below, as the remediator of a site, develop and implement a public involvement plan. Requests to be involved, and comments, should be directed to the remediator of a site. For further information concerning the content of a Notice of Intent to Remediate, please contact the Department of Environmental Protection Regional Office under which the notice appears. If information concerning this acknowledgment is required in an alternative form, contact the community relations coordinator at the appropriate Regional Office listed. TDD users may telephone the Department through the AT&T Relay Service at 1 (800) 654-5984.
The Department of Environmental Protection has received the following Notice of Intent to Remediate:
Southwest Field Office, John J. Matviya, Environmental Cleanup Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, telephone (412) 442-5217.
Constantin Pontiac, City of Pittsburgh, Allegheny County. Estate of Jean Constantin, c/o Evashavik and Della Vecchia, Suite 520, Grant Building, 310 Grant Street, Pittsburgh, PA 15219-2203 and Antspace Projects, Inc., d/b/a Artists and Cities, 4551 Forbes Avenue, Third Floor, Pittsburgh, PA 15213 has submitted a Notice of Intent to Remediate soil and groundwater contaminated with BTEX and TPH. The applicant proposes to remediate the site to meet a site-specific standard. A summary of the Notice of Intent to Remediate was reported to have been published in the Pittsburgh Post Gazette on August 15, 1996.
Prompt Interim Response
Laing Landfill Site
Cranberry Township, Venango CountyThis Notice of Prompt Interim Response is being issued by the Department of Environmental Protection (Department) to provide a description of the prompt interim response for the Laing Landfill Site (site) in Cranberry Township, Venango County, Pennsylvania, under section 506 of the Hazardous Sites Cleanup Act (HSCA) (35 P. S. § 6020.506).
1. Site Location and Description
The site is located approximately 1,000 feet southwest of Victory Church Road and approximately 4,000 feet south of the intersection of Route 322 and Victory Church Road in Cranberry Township, Venango County, Pennsylvania. The site may be located on the United States Geological Survey Kennerdell 7.5 minute topographic map at 41° 21' 20" north latitude and 79° 46' 03" west longitude.
The site covers approximately 23 acres and includes a landfill formerly operated by A. C. Laing and Michael Laing, d/b/a Laing Demolition Contractors. The landfill covers approximately 4 acres within the site.
Also within the site are four areas with abandoned drums, an open-ended storage shed, an above ground petroleum storage tank, an abandoned trailer, an abandoned one-story house/office, and small areas containing municipal and demolition wastes. Surface water drains off the landfill into the Allegheny River approximately 4,000 feet southwest of the site.
The site property was purchased by Alex Campbell (A. C.) Laing and Patricia L. Laing in 1975. From April 14, 1975 to April 16, 1987, A. C. Laing, and his son, Michael Laing, doing business as ''Laing Demolition Contractors,'' operated the landfill at the site under Department Solid Waste Permit No. 101000. On April 16, 1987, the Department issued an Order that suspended Solid Waste Permit #101000.
On May 18, 1987, a Department inspection of the landfill showed that 20 to 25 drums were located near the open-ended storage shed, and a total of 40 or more drums were located throughout the site. The Department requested that A. C. Laing identify the contents of the drums, in writing, to the Department, and provide a cleanup plan for the contaminated soil in the drum area near the entrance gate. A. C. Laing did not comply with the request.
After the Department's adoption on April 9, 1988, of new regulations pertaining to construction/demolition waste landfills, the Department sent numerous Notices of Violation to Laing Demolition Contractors to properly close the landfill. The landfill was never properly closed. A. C. Laing died on February 27, 1988, without a will, Patricia L. Laing died earlier. The site property is currently owned by the estate of A. C. Laing. On February 1, 1996, the Department filed a court order in the Venango County, Pennsylvania Recorder of Deeds Office noting the presence of hazardous substances at the site.
2. Release and Threat of Release of Hazardous Substances
On August 26, 1992, Tetra Tech, Inc. conducted a Screening Site Inspection (SSI) of the site for the United States Environmental Protection Agency (EPA). Photographs in the SSI document show drums present at the site. The SSI document also noted that the site was heavily vegetated. Tetra Tech, Inc. sampled soil, surface water, sediment and home wells, but did not sample the drums.
The analysis of the soil samples from an area of puddled product near drums at the entrance gate, showed that the soil was contaminated with polychlorinated biphenyls (PCBs), toluene, xylenes, polynuclear aromatic hydrocarbons (PAHs) and pesticides. Another soil sample from the drum area near the open-ended storage shed showed that the soil was contaminated with benzo(a)pyrene, pesticides, PAHs and zinc. The chemicals listed above are ''hazardous substances'' as defined under section 103 of HSCA (35 P. S. § 6020.103).
On October 20, 1995, Department inspectors observed trespassers using the site for hunting. Direct contact with drum contents and contaminated soil is the greatest threat to trespassers. Also, the drums and containers present at the site are unsecured and improperly stored, and have the potential for a further release into the environment if vandalized.
On July 1, 1996, the Department analyzed the contents of the drums at the site and installed monitoring wells at the site. The drums contained hazardous wastes based on the ignitability of the contents and the leachable lead in the drum contents.
3. Alternative Responses Considered
The two main objectives of the prompt interim response action proposed for the site are: 1) to protect the public and environmental receptors from direct contact with site-related hazardous substances, and 2) to eliminate the ongoing release and threat of release of hazardous substances into the environment from containerized waste and contaminated soil at the site.
The Department considered four alternatives to the prompt interim response action at the site to meet those objectives:
1) No Action
2) Fence
3) Drum Removal
4) Drum and Soil Removal
In light of the objectives stated above, the Department evaluated each alternative to determine: the extent to which each alternative protects the public and the environment; the extent to which each alternative complies with or otherwise addresses the Land Recycling and Environmental Remediation Standards Act, the Solid Waste Management Act, the Clean Streams Law and other Applicable or Relevant and Appropriate Requirements (ARARs); the extent to which each alternative is feasible, effective, implementable and permanent; and the relative cost effectiveness of each alternative.
Alternative 1. No Action
A ''No Action'' alternative provides a baseline for comparison to other alternatives. Because no action would be implemented, any present or future risks to human health, safety or the environment would remain unchanged. No costs would be incurred under this response.
Alternative 2. Fence
This alternative would involve the installation of a fence around the drum areas to restrict access to containerized waste and contaminated soil at the site. The capital, operation and maintenance, and total present worth costs of this alternative would be $49,674, $77,720 and $127,394, respectively.
Alternative 3. Drum Removal
This alternative would involve all the components of Alternative 2, above, and the testing, and if necessary, removal and offsite disposal of all containers with hazardous substances. Following waste removal, any empty containers will be crushed and consolidated for offsite disposal or recycle/reuse. The capital, operation and maintenance, and total present worth costs of this alternative are $284,456, $77,720 and $362,176, respectively.
Alternative 4. Drum and Soil Removal
With the exception of the fence, this alternative would involve all of the components of Alternative 3, above, plus the testing, and if necessary, the removal and offsite disposal of contaminated soil from the drum areas. Because the site is located in a residential area, soil contaminated with hazardous substances above the Department's Statewide Health Standards for Soils (residential) would be removed. The capital, operation and maintenance, and total present worth costs of this alternative are $294,105, $0 and $294,105, respectively.
4. Comparison of Alternatives
The Department believes that prompt action is necessary to protect the public health, safety and the environment from the risks associated with the containerized wastes abandoned at the site, the hazardous substances in site soil, and any hazardous substances that may have been disposed at the landfill. As noted in the facts, the notice of hazardous substances is already in the deed records. Action should not be delayed for the length of time that it would take to formally develop and close an administrative record for the action. The Department estimates that prompt action will cost less than $2 million and take less than 1 year to complete. Accordingly, the Department proposes to conduct a prompt interim response action at the site under section 505(b) of HSCA (35 P. S. § 6020.505(b)).
Alternative 1 would be the least costly response alternative, but would provide no increased protection for the public and the environment. Alternative 2 would be less costly than Alternatives 3 or 4. Alternative 2 would reduce risks to the public by preventing direct contact with containerized waste and contaminated soil. However, Alternative 2 would not protect the environment and would not be cost effective over the long-term because the release and threat of release of hazardous substances would still exist at the site, those releases may exacerbate the problems associated with site contamination, and those releases may have to be addressed in the future.
Alternative 4 would be less costly than Alternative 3 because Alternative 3 includes the cost for a fence and fence replacement after 15 years. Although it is the most costly alternative, Alternative 3 would provide less protection to the public and the environment than Alternative 4, because Alternative 3 would allow more hazardous substances to remain onsite (for example, in contaminated area soils).
Alternative 4 would be the most cost-effective alternative over both the short and long-term, because it would protect the public and the environment from direct contact with hazardous substances in the containers and contaminated soil at the site, and because it would eliminate the release and threat of release of hazardous substances into the environment from the containers of waste and contaminated soil.
5. Proposed Remedy
Under section 505(b) of HSCA (35 P. S. § 6020.505(b)), the Department proposes to implement Alternative 4 as the prompt interim response at the site. Alternative 4 is proposed because it would, in the most cost effective manner, protect the public and the environment from direct contact with site-related hazardous substances and eliminate the release and threat of release of hazardous substances into the environment from the containers of wastes and contaminated soil.
Although Alternative 4 offers some protection to the public and the environment, it would not be a final remedial response under section 504 of HSCA. Therefore, Alternative 4 is not required to meet the ARARs that apply to final remedial responses. Nonetheless, Alternative 4 is consistent with any future remedial actions that would be expected to be undertaken based on site conditions. Alternative 4 addresses the identified ongoing threats to the public and the environment that require attention prior to the start of any potential future remedial action.
In addition to the prompt interim response action, the Department has installed monitoring wells and will be sampling groundwater to determine if hazardous substances are being released from the landfill to groundwater and surface water. Additional response action may be needed to achieve a complete, permanent and final cleanup for the site. The proposed prompt interim response protects the public health and environment; complies with or otherwise meets all ARARs relating to containerized waste and contaminated soil removal and disposal, but not ARARs relating to landfill closure; is feasible, implementable, permanent and effective to the maximum extent practicable; and is cost effective.
6. Public Access to The Administrative Record
An Administrative Record, which contains more detailed information regarding the site, is available for public inspection. The Administrative Record can be examined from 8 a.m. to 4 p.m. at the Department's Northwest Regional Office at 230 Chestnut Street, Meadville, PA 16335. Persons interested in examining the Administrative Record should call the Department's Hazardous Sites Cleanup Program at (814) 332-6648 to make advance arrangements.
The public will have an opportunity to present oral comments regarding the proposed prompt interim response if the Department receives a request for a public hearing. A public hearing can be requested by contacting the Department's Community Relations Coordinator, Steve Curcio at (814) 332-6945 or the site Project Manager, Edward F. Orris, at (814) 332-6648. If no person requests a public hearing, the hearing will not be held. Persons interested in finding out if anyone has requested a public hearing, and if the hearing will be held, should contact Steve Curcio at the telephone number noted above. The public may also submit written comments regarding the Department's proposed prompt interim response action during the period for public comment, which runs from the date of this Notice through December 30, 1996. Written comments should be addressed to Edward F. Orris at the above-noted Department office address.
Department initiated general permit under the Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003), the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. §§ 4000.101--4000.1904) and residual waste management regulations for a general permit to process or beneficially use residual waste.
Central Office: Division of Municipal and Residual Waste, Bureau of Land Recycling and Waste Management, 14th Floor, Rachel Carson State Office Building, 400 Market Street, Harrisburg, PA 17101-2301.
This was published at 26 Pa.B. 4273 (August 31, 1996). Please note the change to the last paragraph: Jay Ort will now be replacing Pete Slack as the contact person.
General Permit No. WMGR038. Waste tire processing and/or beneficial use. The Department of Environmental Protection, Bureau of Land Recycling and Waste Management, has authorized, under General Permit No. WMGR038, processing and/or beneficial use of waste tires and/or tire-derived material. This is a Statewide general permit.
Under the terms and conditions of the general permit, persons who are approved to process and/or beneficially use waste tires and/or tire derived material will be required to meet, at a minimum, the following: compliance with The Clean Streams Law, compliance with the Solid Waste Management Act, conform with local safety and nuisance control requirements, conformance with isolation distances, maintain records and submit routine operation reports.
The Department is authorized under the Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003), and section 287.611 of the residual waste management regulations to issue general permits for any category of beneficial use or processing that results in beneficial use of residual waste on a regional or Statewide basis when the Department determines that such use does not harm or present a threat of harm to the health, safety or welfare of the public or the environment and the activity can be adequately regulated using standard conditions.
The Department has determined the following: waste whole tires and/or tire derived material (TDM); (1) can be used as fuel for cement production, steel production, power generation and other industrial operations; and (2) as feedstock for the production of crumb rubber which, in turn, may be used in such products as new tires, molded rubber products, carpets, flooring, ''astroturf'' underlay, extruded products, automotive brakes, asphalt modifier for roads and athletic surfaces, moisture retainer for turf development, railroad grade crossings and footwear; and the processing and beneficial use can be adequately regulated using general conditions.
Tire retreading operations will, in effect, be exempt as a ''grandfathering'' exclusion, provided the storage provisions outlined in these general permit conditions are not violated:
Persons requesting approval to operate under the terms of this general permit will be required to obtain a ''Determination of Applicability'' from the appropriate Regional Office for each site where tires and/or tire derived materials will be processed or beneficially used. The following minimum information will be required in order to obtain a Determination of Applicability.
a. Name and address of the applicant.
b. Name and location of the generator of the tires and/or tire derived material being processed or beneficially used.
c. Number and title of the general permit.
d. A detailed site plan.
e. A detailed description of the operation.
f. Proof that the proposed processing and/or beneficial use is consistent with the general permit.
g. A signed statement accepting all conditions of the general permit.
h. Proof of municipal notification.
i. Proof of identification of interests.
j. Compliance history information.
k. An application fee designated by the Department.
l. Proof of right of applicant to enter property and perform activities.
m. A copy of the facilities PPC Plan.
n. An irrevocable written consent from the landowner giving the Department permission to enter the facility.
o. Evidence of comprehensive liability insurance in effect.
p. A written estimate of the maximum number of whole tires and shredded tires onsite for the next 12 months of operation and a copy of the bonding worksheets.
Persons interested in obtaining further information or a copy of this general permit may contact Ronald C. Hassinger, Chief, General Permits and Beneficial Use Section, Division of Municipal and Residual Waste, P. O. Box 8472, Harrisburg, PA 17105-8472 or Jay Ort, Scrap Tire Program Coordinator, Permits Section, Division of Municipal and Residual Waste, P. O. Box 8472, Harrisburg, PA 17105-8472.
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