NOTICES
SCM Metal Products, Inc. v. DEP; Doc. No. 96-247-MR
[27 Pa.B. 4051] The Department of Environmental Protection (Department) and SCM Metal Products, Inc. (SCM) have agreed to a settlement of the above matter.
On or about October 16, 1996, the Department issued to SCM a National Pollutant Discharge Elimination System Permit PA0110591 (NPDES Permit) authorizing discharges from SCM's facility in Johnstown, Cambria County to Stony Creek, a water of the Commonwealth. SCM timely appealed the Department's issuance of the NPDES Permit. During discovery and informal settlement negotiations, SCM provided to the Department additional detailed data relating to the calculation of effluent limitations for technology based parameters in the NPDES Permit.
The parties have agreed to a settlement, the major provisions of which include:
(1) The Department will amend the effluent limitations of the technology based parameters in the NPDES Permit. The draft NPDES Permit Amendment is attached to the Consent Adjudication as Exhibit A, a copy of which may be obtained from either attorney listed.
(2) Upon approval by the Board, the Consent Adjudication shall terminate the appeal with prejudice.
(3) The parties agree to bear their respective attorneys' fees, expenses and costs associated with this matter.
Copies of the full agreement are in the possession of:
Bruce M. Herschlag, Assistant Counsel, Department of Environmental Protection, Office of Chief Counsel, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, (412) 442-4262;
Louis A. Naugle, Reed Smith Shaw & McClay, 435 Sixth Avenue, Pittsburgh, PA 15219-1886, (412) 288-3131;
and at the offices of the Environmental Hearing Board, and may be reviewed by an interested person on request during normal business hours.
Persons believing themselves aggrieved by the above settlement have a right to appeal to the Environmental Hearing Board, Second Floor, Market Street State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, PA 17105-8457. Appeals must be filed within 20 days of this publication.
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 Service at (800) 654-5984.
The Environmental Hearing Board is empowered to approve this settlement if no objection is timely filed with the Board.
GEORGE J. MILLER,
Chairperson
[Pa.B. Doc. No. 97-1269. Filed for public inspection August 8, 1997, 9:00 a.m.]
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