NOTICES
ENVIRONMENTAL HEARING BOARD
Connaught Laboratories, Inc. v. DEP; EHB Doc. No. 94-106-C
[27 Pa.B. 1213] The Department of Environmental Protection (Department) and Connaught Laboratories, Inc. (Connaught) have agreed to a settlement of the above-captioned matter.
On April 7, 1994, the Department issued to Connaught NPDES Industrial Permit No. PA-0060071-A1 (1994 NPDES Permit) which authorizes Connaught to discharge to Swiftwater Creek, in accordance with the effluent limitations, monitoring requirements and other conditions set forth in the 1994 NPDES Permit. The 1994 NPDES Permit set more stringent Total Dissolved Solids (TDS) limitations, intending to reflect the Department's understanding of the Delaware River Basin Commission's (DRBC) TDS requirements. On May 6, 1994, Connaught filed a timely appeal of the 1994 NPDES Permit with the Environmental Hearing Board challenging the effluent limitations for TDS and Condition ''TEN'' in Part C ''Other Requirements'' pertaining to TDS. The appeal was docketed at EHB No. 94-106-C. Connaught performed several studies on Swiftwater Creek and submitted an application and petition to DRBC to revise the TDS standards. On October 23, 1996, after public notice and public hearing, DRBC granted Connaught a variance establishing alternative TDS mass loading and concentration limitations, subject to certain conditions.
The parties have agreed to a settlement, the major provisions of which include the following:
1. Within 60 days of the effective date of the Consent Adjudication, the Department will prepare, for publication and comment, a draft NPDES Permit, which shall contain the following:
a. The effluent limitations and monitoring requirements for TDS for Outfall 001 shall be as follows:
Mass Units (lbs/day)--Average Monthly: 2,250 lbs/day
--Maximum Daily: 3,375 lbs/dayConcentrations (mg/l)--Average Monthly: 1,800 mg/l
--Maximum Daily: 2,700 mg/lMeasurement Frequency: 2/Week
Sample Type: 8 Hour Composite
b. Condition ''TEN'' of Part C Other Requirements of the Permit shall be deleted.
2. The notice published in the Pennsylvania Bulletin will include a 30-day public comment period following the date of publication. The Department will endeavor to take final action on the NPDES Permit within 60 days of the close of the public comment period.
3. The settlement becomes effective upon approval by the Board, unless reopened by the Board under 25 Pa. Code § 1021.120, in which case the Consent Adjudication shall become effective on such date that any such appeals from or objections to the Consent Adjudication are denied.
Copies of the full agreement are in the possession of:
Barbara L. Smith, Assistant Counsel, Office of Chief Counsel, Department of Environmental Protection, 2 Public Square, Wilkes-Barre, PA 18711-0790, (717) 826-2519;
R. Timothy Weston, Esquire, Kirkpatrick & Lockhart, LLP, Payne-Shoemaker Building, 240 North Third Street, Harrisburg, PA 17101, (717) 231-4500
and at the Offices 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, Rachel Carson State Office Building, 400 Market Street, 2nd Floor, P. O. Box 8457, Harrisburg, PA 17105- 8457.
If information concerning this notice is required in an alternative form, contact the Secretary to the Board at (717) 783-3483. TDD users may telephone the Board through the AT&T Pennsylvania Relay Center at 1 (800) 654-5984.
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 filed with the Board.
GEORGE J. MILLER,
Chairperson
[Pa.B. Doc. No. 97-373. Filed for public inspection March 7, 1997, 9:00 a.m.]
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