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PA Bulletin, Doc. No. 02-397

NOTICES

ENVIRONMENTAL
HEARING BOARD

Settlement of Appeal

[32 Pa.B. 1361]

Waste Management Disposal Services of Pennsylvania, Inc. v. DEP, EHB Doc. No. 2001-003-K

   The Department of Environmental Protection (Department) and Waste Management Disposal Services, Inc. (WMDS) have agreed to a settlement of the previous matter.

   On or about August 22, 2000, WMDS submitted to the Department two separate Phase I applications for expansions of the Pottstown Landfill (Waste Permit ID No. 10059), located in Douglas and West Pottsgrove Townships, Berks and Montgomery Counties. On or about December 7, 2000, the Department terminated review of the applications and returned the applications to WMDS. On or about January 5, 2001, WMDS filed an appeal of the Department's return of the Phase I applications with the Environmental Hearing Board (Board). The appeal was docketed at EHB Doc. No. 2001-003-K.

   The parties have agreed to a settlement, the major provisions of which include:

   a.  In the event that prior to the cessation of currently approved waste disposal operations in the Eastern Expansion area of the Pottstown Landfill, WMDS or any of its successors or assigns applies to vertically expand the Eastern Expansion area of the Pottstown Landfill within the existing permit area limit of the Existing Eastern Expansion Area then the Department and WMDS, its successors and assigns, will consider the application to be a proposal to operate an ''area permitted prior to January 25, 1997,'' within the meaning of 25 Pa. Code § 273.202 (relating to areas where municipal waste landfills are prohibited).

   b.  In the event that WMDS or any of its successors or assigns applies to expand or otherwise permit any area of the Pottstown Landfill other than the vertical expansion of the Eastern Expansion area of the Pottstown Landfill as previously stated, then the Department and WMDS, its successors and assigns will consider the application to be a proposal to operate an ''area permitted after'' December 23, 2000, January 13, 2001, and any other date that precedes the date of approval of the permit for the purposes of the exclusionary area criteria set forth in 25 Pa. Code Articles VIII and IX (relating to municipal waste; and residual waste management).

   Copies of the full agreement are in the hands of Mark L. Freed, Assistant Counsel, Department of Environmental Protection, Lee Park, 555 North Lane, Suite 6015, Conshohocken, PA, 19428, (610) 832-6300; and Andrew S. Levine, Esquire, Stradley, Ronon, Stevens & Young, 2600 One Commerce Square, Philadelphia, PA 19103, (215) 564-8073 and at the offices of the Board and may be reviewed by any interested party on request during normal business hours.

GEORGE J. MILLER,   
Chairperson

[Pa.B. Doc. No. 02-397. Filed for public inspection March 8, 2002, 9:00 a.m.]


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