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PA Bulletin, Doc. No. 97-324

NOTICES

ENVIRONMENTAL
HEARING BOARD

Downingtown Area Regional Authority v. DEP; EHB Doc. No. 96-154-MG

[27 Pa.B. 1112]

   The Department of Environmental Protection (Department) and Downingtown Area Regional Authority (DARA) have agreed to a settlement of the appeal at the above-referenced docket.

   On June 21, 1996, the Department issued National Pollutant Discharge Elimination System (NPDES) Permit No. PA 0026531 (Permit) to DARA which authorized the discharge of treated effluent to the east branch of Brandywine Creek from the Publicly Owned Treatment Works (POTW) located at 550 South Brandywine Avenue, Downingtown, PA, in East Caln Township, Chester County, and set effluent limits and monitoring requirements for the discharge. DARA filed a timely appeal from the Department's issuance of the Permit, objecting to the effluent limitations in the Permit for chlorodibromomethane, dichlorobromomethane and copper.

   The Permit specifies monitor only limits for copper during the first 3 years of the Permit, but sets more stringent effluent limits for copper beginning in the fourth year of the permit. Similarly, for chlorodibromomethane and dichlorobromomethane, the Permit sets more stringent effluent limits beginning in the fourth year of the Permit. These more stringent effluent limitations for copper, chlorodibromomethane and dichlorobromomethane are referred to collectively hereafter as ''fourth-year effluent limitations.'' The permit specifies that the fourth year effluent limitations are considered to be Preliminary Water Quality Based Effluent Limitations (PWQBELs). The Permit affords DARA two options with respect to the PWQBELs:  (1) DARA may accept the PWQBELs which have been developed based on the Department's modeling, in which case the PWQBELs become final and enforceable against DARA beginning in the fourth year of the Permit, or (2) DARA may elect to conduct site specific tests to be used by the Department in verifying and refining the PWQBELs, in which case the PWQBELs cannot be effective until the Department modifies the Permit to include final effluent limitations.

   By letter dated August 5, 1996, DARA informed the Department that it would conduct site specific tests. The effect of DARA's election to perform site specific tests is that the fourth year effluent limitations or PWQBELs for copper, chlorodibromomethane and dichlorobromomethane will not be effective unless and until the Department modifies the Permit to include them. Specification of the fourth year effluent limitations in the Permit therefore does not constitute final Department action.

   The parties have agreed to a settlement of the appeal in accordance with the following terms:

   A.  The parties understand that the fourth year effluent limitations may become final and effective as to DARA only upon final Department action to modify or amend the Permit to include such limits, at which time DARA shall have the opportunity to challenge the final limits. DARA shall have the right to challenge such final limits for any reason, including, without limitation, the reasons enumerated in the Notice of Appeal filed at this docket.

   B.  DARA's appeal at this docket is withdrawn.

   Copies of the full agreement are in the hands of:

   Edward Gerard Conroy, Esquire, 310 North High Street, P. O. Box 885, West Chester, PA 19381-0885, (610) 696-0441;

   Martha E. Blasberg, Assistant Counsel, Department of Environmental Protection, Office of Chief Counsel-- Southeast Region, Lee Park--555 E. North Lane--Suite 6015, Conshohocken, PA 19428-2233, (610) 832-6313;

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

   Persons who are aggrieved by the above settlement have 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 shall be filed within 20 days of this 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. 97-324. Filed for public inspection February 28, 1997, 9:00 a.m.]



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