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PA Bulletin, Doc. No. 03-1901

NOTICES

Proposed Consent Decree

[33 Pa.B. 4851]

American Ash Recycling Facility, City of York and West Manchester Township, York County

   The Department of Environmental Protection (Department), under the Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003) (act), has entered into a Proposed Consent Decree with American Ash Recycling Corp. of Pennsylvania, Inc. (AARPA), York Building Products Co., Inc. (YBP) and the York County Solid Waste and Refuse Authority (Authority) (Defendants) in Department of Environmental Protection v. American Ash Recycling Corp. of Pennsylvania, et al., 608 M.D. 2003. The settlement concerns the stabilization and removal of a stockpile of treated ash aggregate located at a facility AARPA owns and operates at 1072 Roosevelt Avenue, York, PA (facility). At the facility, AARPA receives ash from municipal waste combustion (untreated MW ash) and processes and treats to produce an aggregate product (treated ash aggregate).

   YBP is a corporation that owns the land on which AARPA operates its storage and processing facility. YBP has also purchased treated ash aggregate from AARPA. The Authority owns a waste-to-energy facility where the Authority recovers energy from the processing of municipal solid waste, which is then used to generate electric power. Untreated MW ash residue is a byproduct of the combustion and generation of electric power. Under written agreements between them, the Authority assigns, transfers title and delivers untreated MW ash residue to AARPA. AARPA, in turn, processes and treats the material to produce treated ash aggregate, which is an aggregate material suitable for various beneficial uses.

   Currently, approximately 366,000 tons of treated ash aggregate are stored at the facility. In a Complaint in Equity filed in Commonwealth Court on September 9, 2003, the Department asserts the storage of treated ash aggregate at the facility is unlawful under the act.

   Among other things, the Proposed Consent Decree requires the Defendants to remove at least 7,500 tons of treated ash aggregate from the stockpile each month, to stabilize the stockpile with hydro-pulping to prevent wind and water erosion, to entirely remove the stockpile by October 15, 2006, and to submit monthly reports documenting the amount of treated ash aggregate removed and its fate.

   The Department and the Defendants have entered into the Proposed Consent Decree to expedite efficient remedial action and minimize prolonged litigation. The Proposed Consent Decree will be lodged with the Commonwealth Court in Harrisburg, PA during the 30-day comment period.

   This notice is provided under section 616 of the act (35 P. S. §  6018.616) and is being published in the Pennsylvania Bulletin and York Dispatch. The Proposed Consent Decree is available for public review and comments and is maintained by the Department in its Southcentral Regional Office, 909 Elmerton Avenue, Harrisburg, PA 17110. Persons wishing to submit written comments may do so by sending them to John Krueger, Waste Management Program Manager, at the previous address.

   The public comment period extends for 30 days from the date of publication in the Pennsylvania Bulletin. At the close of the public comment period, the Department will file responses to any significant comments received during the public comment period. The Department and Defendants will then file a Joint Motion to Enter the Consent Decree with Commonwealth Court, requesting that the Commonwealth Court approve the Consent Decree. The Consent Decree becomes final upon the Commonwealth Court's approval and entry of the Decree.

KATHLEEN A. MCGINTY,   
Secretary

[Pa.B. Doc. No. 03-1901. Filed for public inspection September 26, 2003, 9:00 a.m.]


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