[35 Pa.B. 3236]
[Continued from previous Web Page]
PUBLIC WATER SUPPLY (PWS) PERMITS The Department of Environmental Protection has taken the following actions on applications received under the Pennsylvania Safe Drinking Water Act (35 P. S. §§ 721.1--721.17) for the construction, substantial modification or operation of a public water system.
Persons aggrieved by an action may appeal, under section 4 of the Environmental Hearing Board Act (35 P. S. § 7514) and 2 Pa.C.S. §§ 501--508 and 701--704 (relating to the Administrative Agency Law), to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users should contact the Environmental Hearing Board (Board) through the Pennsylvania Relay Service, (800) 654-5984. Appeals must be filed with the Board within 30 days of publication of this notice in the Pennsylvania Bulletin, unless the appropriate statute provides a different time period. Copies of the appeal form and the Board's rules of practice and procedure may be obtained from the Board. The appeal form and the Board's rules of practice and procedure are also available in Braille or on audiotape from the Secretary of the Board at (717) 787-3483. This paragraph does not, in and of itself, create any right of appeal beyond that permitted by applicable statutes and decision law.
For individuals who wish to challenge an action, appeals must reach the Board within 30 days. A lawyer is not needed to file an appeal with the Board.
Important legal rights are at stake, however, so individuals should show this notice to a lawyer at once. Persons who cannot afford a lawyer may qualify for free pro bono representation. Call the Secretary to the Board at (717) 787-3483 for more information.
SAFE DRINKING WATER
Actions taken under the Pennsylvania Safe Drinking Water Act
Permit No. 0905501, Public Water Supply.
Applicant Newtown Artesian Water Company
P. O. Box 217
Newtown, PA 18940-0217Borough Newtown County Bucks Type of Facility PWS Consulting Engineer Gannett Fleming, Inc.
P. O. Box 80794
Valley Forge, PA 19484Permit to Construct Issued 5/19/2005 Southcentral Region: Water Supply Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.
Permit No. 0104505, Public Water Supply.
Applicant The Meadows Home Owners Association Municipality Cumberland Township County Adams Type of Facility The construction of Well No. 2 as a source of supply. Replacement of the existing wooden storage tank and iodine disinfection system with a new tank and chlorination. The existing booster pumps will be replaced to increase system pressure. Consulting Engineer Richard M Bodner, P. E.
Martin and Martin, Inc.
37 S. Main St.
Chambersburg, PA 17201Permit to Construct Issued: 5/18/2005
LAND RECYCLING AND ENVIRONMENTAL REMEDIATION
UNDER ACT 2, 1995
PREAMBLE 2
The following plans and reports were submitted under the Land Recycling and Environmental Remediation Standards Act (35 P. S. §§ 6026.101--6026.908).
Provisions of Chapter 3 of the Land Recycling and Environmental Remediation Standards Act (act) require the Department of Environmental Protection (Department) to publish in the Pennsylvania Bulletin a notice of submission of plans and reports. A final report is submitted to document cleanup of a release of a regulated substance at a site to one of the act's remediation standards. A final report provides a description of the site investigation to characterize the nature and extent of contaminants in environmental media, the basis for selecting the environmental media of concern, documentation supporting the selection of residential or nonresidential exposure factors, a description of the remediation performed and summaries of sampling analytical results which demonstrate that remediation has attained the cleanup standard selected. Submission of plans and reports, other than the final report, shall also be published in the Pennsylvania Bulletin. These include the remedial investigation report, risk assessment report and cleanup plan for a site-specific standard remediation. A remedial investigation report includes conclusions from the site investigation, concentration of regulated substances in environmental media; benefits of refuse of the property and, in some circumstances, a fate and transport analysis. If required, a risk assessment report describes potential adverse effects caused by the presence of regulated substances. If required, a cleanup plan evaluates the abilities of potential remedies to achieve remedy requirements.
For further information concerning plans or reports, contact the Environmental Cleanup Program manager in the Department regional office after which the notice of receipt of plans or reports appears. If information concerning plans or reports is required in an alternative form, contact the Community Relations Coordinator at the appropriate regional office. TDD users may telephone the Department through the AT&T Relay Service at (800) 654-5984.
The Department has received the following plans and reports:
Northeast Regional Field Office, Joseph A. Brogna, Environmental Cleanup Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790, (570) 826-2511.
Former Tamaqua MGP Plant, Borough of Tamaqua, Schuylkill County. John J. Mahfood, Principal, Corporate Environmental Solutions LLC, 260 Millers Run Road, Bridgeville, PA 15017 has submitted a Cleanup Plan (on behalf of PPL Electric Utilities, Two North Ninth Street, Allentown, PA 18101) concerning the remediation of PHCs and PAHs in site soils and groundwater. The plan was submitted in partial fulfillment of the site-specific standard.
Faulkner Collision Center, City of Bethlehem, Lehigh County. Michael Bingaman, Hafer Environmental Serivces, Inc., P. O. Box 4418, Reading, PA 19606 has submitted a Final Report (on behalf of the property owner, Dick Milham, Hecktown Road, Easton, PA 18045) concerning the remediation of soils found or suspected to have been impacted by heating oil. The report was submitted to document attainment of the residential Statewide health soil standard.
Kerr-McGee Chemical LLC--Avoca Property, Borough of Avoca, Luzerne County. David Kerschner, PG, KU Resources, Inc., 20 South Linden Street, Duquesne, PA 15110 submitted a Cleanup Plan (on behalf of Kerr-McGee Chemical LLC, P. O. Box 25861, Oklahoma City, OK 73125) concerning the remediation of PAHs and inorganics in site soils. The plan was submitted in partial fulfillment of the site-specific/pathway elimination standard.
Weisenberg Lutheran Church, Weisenberg Township, Lehigh County. Storb Environmental, Inc., 410 North Easton Road, Willow Grove, PA 19090 has submitted a Final Report (on behalf of the Weisenberg Lutheran Church Council, 7645 Weisenberg Road, New Tripoli, PA 18066 and Pipeline Petroleum, P. O. Box 159, Shippers Road, Macungie, PA 18062) concerning the remediation of soil found or suspected to have been contaminated by no. 2 fuel oil as the result of an accidental release. The report was submitted to document attainment of the residential Statewide health soil standard.
Southcentral Region: Environmental Cleanup Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.
Former Samuel Miller & Son, Inc. Site, City of Lancaster, Lancaster County. Alternative Environmental Solutions, Inc., 930 Pointview Avenue, Suite B, Ephrata, PA 17522, on behalf of David Selfon, 220 Centerville Road, Lancaster, PA 17603-4009, submitted a Final Report concerning remediation of site soils and groundwater contaminated with chlorinated solvents and other organics. Site soils are also contaminated with metals. The report is intended to document remediation of the site to the Site-specific standard.
LAND RECYCLING AND ENVIRONMENTAL REMEDIATION
UNDER ACT 2, 1995
PREAMBLE 3
The Department has taken action on the following plans and reports under the Land Recycling and Environmental Remediation Standards Act (35 P. S. §§ 6026.101--6026.908).
Provisions of 25 Pa. Code § 250.8, administration of the Land Recycling and Environmental Remediation Standards Act (act), require the Department of Environmental Protection (Department) to publish in the Pennsylvania Bulletin a notice of final actions on plans and reports. A final report is submitted to document cleanup of a release of a regulated substance at a site to one of the remediation standards of the act. A final report provides a description of the site investigation to characterize the nature and extent of contaminants in environmental media, the basis of selecting the environmental media of concern, documentation supporting the selection of residential or nonresidential exposure factors, a description of the remediation performed and summaries of sampling methodology and analytical results which demonstrate that the remediation has attained the cleanup standard selected. Plans and reports required by provisions of the act for compliance with selection of remediation to a site-specific standard, in addition to a final report, include a remedial investigation report, risk assessment report and cleanup plan. A remedial investigation report includes conclusions from the site investigation, concentration of regulated substances in environmental media, benefits of refuse of the property and, in some circumstances, a fate and transport analysis. If required, a risk assessment report describes potential adverse effects caused by the presence of regulated substances. If required, a cleanup plan evaluates the abilities of potential remedies to achieve remedy requirements. A work plan for conducting a baseline remedial investigation is required by provisions of the act for compliance with selection of a special industrial area remediation. The baseline remedial investigation, based on the work plan, is compiled into the baseline environmental report to establish a reference point to show existing contamination, describe proposed remediation to be done and include a description of existing or potential public benefits of the use or reuse of the property. The Department may approve or disapprove plans and reports submitted. This notice provides the Department's decision and, if relevant, the basis for disapproval.
For further information concerning the plans and reports, contact the Environmental Cleanup Program manager in the Department regional office before which the notice of the plan or report appears. If information concerning a final report is required in an alternative form, contact the Community Relations Coordinator at the appropriate regional office. TDD users may telephone the Department through the AT&T Relay Service at (800) 654-5984.
The Department has received the following plans and reports:
Northeast Region: Joseph A. Brogna, Environmental Cleanup Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790, (570) 826-2511.
Stroudsburg Industrial Park--Northeast Corner, Borough of Stroudsburg, Monroe County. Joseph McNally, GeoServices, Ltd., 1525 Cedar Cliff Drive, Camp Hill, PA 17011 submitted a combined Remedial Investigation Report and Final Report (on behalf of his client, Marc Taub, Stroudsburg Park Associates, LP, 14 Springhill Rd., Randolph, NJ 17869) concerning the remediation of soils found to have been impacted by chlorinated solvents as the result of historic operations. The reports document attainment of a site-specific soil standard and were both approved on April 18, 2005.
Tax Parcels 65-24-2 and 65-25-1.4 (SR 209), Borough of Tamaqua, Schuylkill County. Marguerite Murray, Project Environmental Scientist, Gilmore & Associates, Inc, 350 E. Butler Ave, New Britain, PA 18901 submitted a Work Plan for a baseline remedial investigation on a special industrial area property (on behalf of her client, Robert Craze, St. Luke's Miners Memorial Hospital, Coaldale, PA 18218) concerning the characterization of soil and groundwater on a former industrial property that manufactured lightweight concrete and more recently staged construction and waste materials. The Work Plan was approved on May 11, 2005.
Henny Penny Farm (Route 715), Chestnuthill Township, Monroe County. MEA, Inc., 1365 Ackermanville Road, Bangor, PA 18013 submitted a Final Report (on behalf of their client, Henny Penny Farms, Inc., R. R. 4, Box 4287, Saylorsburg, PA 18353) concerning the remediation of site soil and/or groundwater found or suspected to have been contaminated with no. 2 fuel oil constituents. The report documented attainment of the Statewide health standard and was approved on May 3, 2005.
AIR QUALITY
General Plan Approval and Operating Permit Usage Authorized under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and 25 Pa. Code Chapter 127 to construct, modify, reactivate or operate air contamination sources and associated air cleaning devices.
Northeast Region: Air Quality Program, 2 Public Square, Wilkes-Barre, PA 18711-0790; Mark Wejkszner, New Source Review Chief, (570) 826-2531.
39-302-180GP1: HCSC--Laundry (2139 28th Street South West, Allentown, PA 18103) on May 17, 2005, to construct and operate a boiler at their facility in Allentown, Lehigh County.
54-310-032GP3: Pennsy Supply, Inc. (1001 Paxton Street, Harrisburg, PA 17104) on May 19, 2005, to construct and operate a portable stone crushing plant and associated air cleaning device at at 2225 Fair Road, Wayne Township, Schuylkill County.
Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110; Ronald Davis, New Source Review Chief, (717) 705-4702.
GP4-67-03057: Galaxy Tire and Wheel (P. O. Box 110, 207 Redco Avenue, Red Lion, PA 17356) on May 16, 2005, to operate natural gas fired burn-off ovens under GP4 in Red Lion Borough, York County.
Northwest Region: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481; George Monasky, New Source Review Chief, (814) 332-6940.
GP-43-340: North Coast Energy, Inc.--Cyphert Compressor Station (Brennaman Road, Mercer, PA 16142) on May 20, 2005, to operate a compressor engine in Wilmington Township, Mercer County.
GP-62-177: North Coast Energy, Inc.--Johnson Compressor Station (Yankee Bush Road, Warren, PA 16365) on May 20, 2005, to operate a compressor engine in Conewango Township, Warren County.
Plan Approvals Issued under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and regulations in 25 Pa. Code Chapter 127, Subchapter B relating to construction, modification and reactivation of air contamination sources and associated air cleaning devices.
Southeast Region: Air Quality Program, 2 East Main Street, Norristown, PA 19401; Thomas McGinley, New Source Review Chief, (484) 250-5920.
46-0198A: Blommer Chocolate Co. (1101 Blommer Drive, East Greenville, PA 18041) on May 20, 2005, to operate a cocoa bean deshelling operation in Upper Hanover Township, Montgomery County.
Northeast Region: Air Quality Program, 2 Public Square, Wilkes-Barre, PA 18711-0790; Mark Wejkszner, New Source Review Chief, (570) 826-2531.
35-318-088: Gentex Corp. (P. O. Box 315, Carbondale, PA 18407) on May 16, 2005, to construct a surface coating line (No. 4) at their facility in Fell Township, Lackawanna County.
Plan Approval Revisions Issued including Extensions, Minor Modifications and Transfers of Ownership under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and 25 Pa. Code §§ 127.13, 127.13a and 127.32.
Southeast Region: Air Quality Program, 2 East Main Street, Norristown, PA 19401; Thomas McGinley, New Source Review Chief, (484) 250-5920.
46-0155: Sermatech International, Inc. (155 South Limerick Road, Limerick, PA 19468) on May 9, 2005, to operate three paint spray booths in Limerick Township, Montgomery County.
46-0155B: Sermatech International, Inc. (155 South Limerick Road, Limerick, PA 19468) on May 9, 2005, to operate a thermal spray unit in Limerick Township, Montgomery County.
46-0155C: Sermatech International, Inc. (155 South Limerick Road, Limerick, PA 19468) on May 9, 2005, to operate a binder mix tank in Limerick Township, Montgomery County.
46-0155D: Sermatech International, Inc. (155 South Limerick Road, Limerick, PA 19468) on May 9, 2005, to operate a spray booth in Limerick Township, Montgomery County.
09-0048A: H and K Materials Division--Haines and Kibblehouse (P. O. Box 196, 2052 Lucon Road, Skippack, PA 19474) on May 17, 2005, to operate a batch asphalt plant in Hilltown Township, Bucks County.
09-0143: Naceville Materials (P. O. Box 196, 2052 Lucon Road, Skippack, PA 19474) on May 17, 2005, to operate a primary crusher and conveyors in West Rockhill Township, Bucks County.
15-0060B: SECCRA LDFL (P. O. Box 221, Kennett Square, PA 19348) on May 17, 2005, to operate a landfill gas open flare in London Grove Township, Chester County.
46-0108A: Highway Materials, Inc. (1750 Walton Road, Blue Bell, PA 19422) on May 17, 2005, to operate a cyclone and baghouse-asphalt in Marlborough Township, Montgomery County.
46-0112: Palmer International, Inc. (P. O. Box 315, Skippack, PA 19474) on May 18, 2005, to operate a thermal oxidizer in Skippack Township, Montgomery County.
09-0157: Barrett Asphalt Inc. (7503 Weymouth Road, Hammonton, NJ 08037) on May 20, 2005, to operate a bituminous concrete drum-mix plant in Falls Township, Bucks County.
46-0069: Highway Materials, Inc. (1750 Walton Road, Blue Bell, PA 19422) on May 19, 2005, to operate a portable crushing plant and two engines in Whitemarsh Township, Montgomery County.
Northeast Region: Air Quality Program, 2 Public Square, Wilkes-Barre, PA 18711-0790; Mark Wejkszner, New Source Review Chief, (570) 826-2531.
13-308-104: Horsehead Corp. (900 Delaware Avenue, Palmerton, PA 18071) on May 19, 2005, to modify Waelzing/Calcine Kiln No. 1, two storage silos and an emergency generator and the associated air cleaning devices in Palmerton Borough, Carbon County. The Plan Approval has been extended.
Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110; Ronald Davis, New Source Review Chief, (717) 705-4702.
36-05071A: Valley Proteins, Inc. (P. O. Box 3588, Winchester, VA 22604) on May 1, 2005, to replace their existing scrubbers and add one new scrubber at their facility in East Earl Township, Lancaster County. This plan approval was extended.
Southwest Region: Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745; William Charlton, New Source Review Chief, (412) 442-4174.
03-00218C: AMFIRE Mining Co., LLC (P. O. Box 368, Elderton, PA 15736) on May 18, 2005, to increase tonnage at Triple K No. 1 Deep Mine in Burrell Township, Armstrong County. This Plan Approval was extended.
Operating Permits for Non-Title V Facilities Issued under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and 25 Pa. Code Chapter 127, Subchapter F.
Southwest Region: Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745; Mark Wayner, Facilities Permitting Chief, (412) 442-4174.
11-00508: Johnstown Crematory (1225 St. Clair Road, Johnstown, PA 15905) on May 17, 2005, for a state only operating permit for a crematory in Lower Yoder Township, Cambria County.
GP5-30-00151: CNX Gas Co., LLC (1800 Washington Road, Pittsburgh, PA 15241) on May 18, 2005, to operate one gas-fired Caterpillar model G3508TALE that will also include a Tri-Ethylene Glycol Dehydrator and an Amine Plant to remove CO2 from the gas stream at their at the company's Pine Bank gas processing plant in Gilmore Township in Westmoreland County.
FEDERAL WATER POLLUTION CONTROL ACT SECTION 401 The Department of Environmental Protection (Department) has taken the following actions on previously received permit applications, requests for Environmental Assessment approval and requests for Water Quality Certification under section 401 of the Federal Water Pollution Control Act (FWPCA) (33 U.S.C.A. § 1341).
Except as otherwise noted, the Department has granted 401 Water Quality Certification certifying that the construction and operation described will comply with the applicable provisions of sections 301--303, 306 and 307 of the FWPCA (33 U.S.C.A. §§ 1311--1313, 1316 and 1317) and that the construction will not violate applicable Federal and State water quality standards.
Persons aggrieved by an action may appeal, under section 4 of the Environmental Hearing Board Act (35 P. S. § 7514) and 2 Pa.C.S. §§ 501--508 and 701--704 (relating to the Administrative Agency Law), to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users should contact the Environmental Hearing Board (Board) through the Pennsylvania Relay Service, (800) 654-5984. Appeals must be filed with the Board within 30 days of publication of this notice in the Pennsylvania Bulletin, unless the appropriate statute provides a different time period. Copies of the appeal form and the Board's rules of practice and procedure may be obtained from the Board. The appeal form and the Board's rules of practice and procedure are also available in Braille or on audiotape from the Secretary of the Board at (717) 787-3483. This paragraph does not, in and of itself, create any right of appeal beyond that permitted by applicable statutes and decision law.
For individuals who wish to challenge an action, appeals must reach the Board within 30 days. A lawyer is not needed to file an appeal with the Board.
Important legal rights are at stake, however, so individuals should show this notice to a lawyer at once. Persons who cannot afford a lawyer may qualify for free pro bono representation. Call the Secretary to the Board at (717) 787-3483 for more information.
Actions on applications for the following activities filed under the Dam Safety and Encroachments Act (32 P. S. §§ 693.1--693.27), section 302 of the Flood Plain Management Act (32 P. S. § 679.302) and The Clean Streams Law (35 §§ 691.1--691.702) and Notice of Final Action for Certification under section 401 of the FWPCA (33 U.S.C.A. § 1341).
Permits, Environmental Assessments and 401 Water Quality Certifications Issued
WATER OBSTRUCTIONS AND ENCROACHMENTS Southeast Region: Water Management Program Manager, 2 East Main Street, Norristown, PA 19401.
E46-968. The Moser Group, 210 Holly Drive, Chalfont, PA 18914, Montgomery Township, Montgomery County, ACOE Philadelphia District.
To perform the following activities associated with the proposed Indian Lake Farms Residential Subdivision:
1. To enlarge the off-stream reservoir of an existing nonjurisdictional dam located adjacent to the UNT to West Branch of Neshaminy Creek.
2. To modify and maintain the existing non-jurisdictional dam by placing fill in 0.03 acre of wetlands (PEM) which exist within the reservoir area. The height of the berm will be raised and the pond will be converted into a stormwater management facility. The permittee has requested an Environmental Assessment approval for this activity.
The site is located approximately 2,000 feet northeast of the intersection of Richardson Road and Bethlehem Pike (SR 0309), (Doylestown, PA USGS Quadrangle N: 2.7 inches; W: 16.6 inches).
The issuance of this permit also constitutes approval of a Water Quality Certification under Section 401 of the Federal Water Pollution Control Act (33 U.S.C.A. § 1341(a)).
E51-211. Portside Residences--Pier 28 LP, 1750 Walton Road, P. O. Box 1650, Blue Bell, PA 19422-0465, City and County of Philadelphia.
To construct and maintain Pier 28 South, and to construct and maintain a 16-story apartment complex within the Delaware River (WWF-MF). Toe bottom three stories of the apartment complex will be a parking garage. The proposed pier will partially sit on the footprint of the pile remnants of the existing pier. Work will involve the placement of approximately 728 steel piles in the river to provide structural support. Leasehold of the property within Commonwealth Submerged lands was authorized by an act of General Assembly. This site is located just north of the Dockside Residences at Pier 30 South along Columbus Boulevard (a/k/a Delaware Avenue) and approximately 5,000 feet south of the Ben Franklin Bridge (Philadelphia, PA-NJ Quadrangle N: 11.75 inches; W: 2.3 inches).
The issuance of this permit also constitutes approval of a Water Quality Certification under section 401 of the Federal Water Pollution Control Act (33 U.S.C.A. § 1341(a)).
Northwest Region: Water Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-348.
EA25-05-601 Emil J. Chernicki, 3370 Flower Road, Summit Township, Erie County, PA 16509, ACOE Pittsburgh District (Erie South, PA Quadrangle N: 4.20 inches; W: 13.90 inches).
Restoration plan provided under § 105.12(a)(16) for the removal of an abandoned dam/fire pond along Flower Road in Erie County. The body of water is approximately 40 feet by 84 feet. The average depth is approximately 2.5 feet and the dam height is approximately 5.75 feet. The structure that the fire pond was constructed for has been demolished.
E37-167, Donald Dickinson, 705 Harlansburg-Eastbrook Road, New Castle, PA 16105. Dickinson Bridge Over Hottenbaugh Run, in Scott Township, Lawrence County, ACOE Pittsburgh District (Harlansburg, PA Quadrangle N: 7.4 inches; W: 15.9 inches).
To construct and maintain a 12 foot long concrete bridge having a clear span of 16 feet and underclearance of 6 feet across Hottenbaugh Run (TSF) on a private driveway extending south from SR 1010 at 705 Harlansburg-Eastbrook Road approximately 1,500 feet downstream of Grange Hall Road.
Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.
E21-363: East Pennsboro Township, 98 South Enola Drive, Enola, PA 17025 in East Pennsboro Township, Cumberland County, ACOE Baltimore District.
To fill and maintain 0.1 acre of palustrine emergent wetlands tributary to the Conodoguinet Creek (WWF), for the purpose of relocating the wetland outside of the existing Acri Meadow Park ball field, located approximately 6,000 feet south of Route 944 on the west bank ofthe creek (Harrisburg West, PA Quadrangle N: 18.8 inches; W: 15.25 inches) in East Pennsboro Township, Cumberland County.
E67-778: City of York, P. O. Box 509, York, PA 17405 in City of York, York County, ACOE Baltimore District.
To maintain a reinforced concrete retaining wall along the north side of the channel that will vary in height from 10 feet 6 inches to 14 feet, perform concrete underpinning repairs along the south wall and install 62 feet of rip-rap rock toe protection along both walls in Willis Run (WWF) just downstream of Kiwanis Lake (York, PA Quadrangle N: 17.0 inches; W: 16.2 inches) in the City of York, York County. The replacement of the walls, repairs and rip-rap placement was authorized by EP-67-04-138.
E28-321: Ronald N. Fleagle, 4180 Conestoga Rd., Elverson, PA 19520 in Metal Township, Franklin County, ACOE Baltimore District.
To construct and maintain a 3-inch conduit for an electrical line which will be directionally drilled under the West Branch of the Conococheague Creek (CWF) and associated wetland (Fannettsburg, PA Quadrangle N: 13.3 inches; W: 10.1 inches) in Metal Township, Franklin County. The total crossing length will be 600 feet and the project will not permanently or temporarily impact any wetlands.
E21-369: Department of Transportation, Engineering District 8-0, 2140 Herr Street, Harrisburg, PA 17103-1699 in Silver Spring Township, Cumberland County, ACOE Baltimore District.
To remove the existing structure and then to construct and maintain a 13 foot by 6 foot concrete box culvert at the channel of an unnamed tributary to Simmons Creek (WWF) and associated improvements on SR 0944, Section 015 to improve the traffic safety condition of the road located about 0.15 mile west from its intersection with SR 0114 (Wertzville, PA Quadrangle N: 6.0 inches; W: 7.4 inches) in Silver Spring Township, Cumberland County.
SPECIAL NOTICES
Application Period for Municipal Recycling Program Performance Grant Applications Under Act 101, Section 904 of the Municipal Waste Planning, Recycling and Waste Reduction Act of 1988
Calendar Year 2004 Recycling The Department of Environmental Protection (Department) announces a request for applications from municipalities for recycling performance grant assistance for recycling programs under the Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act of 1988, Act 101, P. L. 556, Section 904. Municipalities include counties, cities, boroughs, incorporated towns, townships, home rule municipalities, their authorities, councils of governments, consortiums or similar entities established by two or more municipalities under 53 Pa.C.S. Chapter 23, Subchapter A (relating to intergovernmental cooperation). This application period is for eligible materials recycled and marketed in calendar year 2004.
Municipal Recycling Program Performance Grant funds will be awarded to municipalities based upon the weight of source separated recyclable materials identified in Section 1501(c)(1)(i) of Act 101 recovered by municipal recycling programs and the population of the municipality as determined by the most recent decennial census. Municipalities will be eligible to receive an award based on a formula of $5 for each Department approved ton of eligible recyclable materials recycled or marketed and $1 per approved ton for each percentage of municipal waste calculated by the Department to be diverted from disposal. The weight of eligible materials allowable from nonresidential (commercial, institutional and municipal) sources under the preceding formula will be limited to no more than the weight of approved eligible materials from residential sources. Department approved materials from nonresidential sources not factored into the preceding formula will be awarded a bonus of $10 per ton. The Department will not award grants calculated to be less than $10.
Applicants that have failed to comply with the conditions set forth in previously awarded grants, the grant requirements of Act 101 or the regulations of the Act may not be awarded funds under this grant program. Applicants must ensure that they are in compliance with 25 Pa. Code § 272.314(b)(2) relating to the submittal of the annual recycling report.
Eligible materials include post-consumer: clear glass, colored glass, aluminum cans, steel and bimetallic cans, high-grade office paper, newsprint, corrugated paper, other marketable grades of paper and plastics. Grants will be awarded only for properly documented, eligible materials that were actually marketed on or after January 1, 2004, to and including, December 31, 2004. Grant funds will not be awarded for residues, materials not listed as eligible including leaf and yard wastes or any materials which cannot be documented as being recycled into a new product or use. In particular, recovered glass that is being stockpiled or used as daily cover at a landfill will not be considered as recycled. Unless otherwise documented, the Department will deduct 15% from each application's documented tonnage to account for residue.
Documentation to support all claims that eligible recyclable materials were generated within the municipality and marketed must be made available for auditing by the Department, the Office of the Auditor General, the Office of the Treasurer or agents of those offices for 4 years. The Department will not require applicants to retain hauler customer lists; however, the lists may be required to be examined in the event of an audit. It will be the applicant's responsibility to arrange for hauler customer lists to be provided or for haulers to be present with their customer lists during a grant audit. Supporting documentation is not required to be submitted with the application.
Acceptable Supporting Documentation: Weight slips or receipts verifying that the materials were recycled or marketed are required as supporting documentation for the grant application. The documentation must include: 1) the date the materials were recycled/marketed; 2) the type of material recycled/marketed; 3) the name of the municipality where the material was generated; and 4) weight, stated in pounds or tons, of the material recycled/marketed. Documentation supporting materials source separated from municipal waste by commercial/institutional establishments and recycled/marketed must bear the name of the establishment and the municipality where the establishment is located.
Acceptable documentation must be provided in one of the following formats: 1) a dated weight/market receipt identifying the generator of the recyclable materials and the market; 2) a dated report submitted by the hauler or market on company letterhead clearly indicating the name of the company generating the recyclable materials; or 3) a dated report submitted by the generator which is signed by the hauler or market vendor that received the materials. Reports may be submitted on annual, monthly, weekly or other time period format. All information must be legible.
Estimates of weight will not be accepted except in cases when: 1) the material is packaged in uniform bales and the average weight of a bale can be demonstrated and supported by weight receipts, and a record of the number of bales was provided by the market vendors; or 2) multiple generators contribute to a known quantity of marketed material, and the hauler or market estimates the quantities attributable to any individual establishment or municipality and verifies the estimate with a signature.
Although the supporting documentation is not required to be submitted with the grant application, any documentation provided must conform to the previous requirements or the materials claimed will not be credited toward the grant award.
Grant applications must be on forms provided by the Department for calendar year 2004. Grant applications must be delivered by 3 p.m. on September 30, 2005, or postmarked on or before that day. Applications received by the Department after the deadline will be returned to the applicant. Grant awards are predicated on the receipt of recycling fees required by sections 701 and 702 of Act 101 and the availability of moneys in the Recycling Fund.
Municipalities wishing to file an application should contact their County Recycling Coordinator or the Department at the address that follows. Applicants who filed a Performance Grant application for calendar year 2003 will be mailed a current application by the Department as soon as they are available. Applications may also be obtained from the Department's website at www.dep.state.pa.us (DEP Keyword Recycle). Inquiries concerning this notice should be directed to Todd Pejack, Bureau of Land Recycling and Waste Management, Department of Environmental Protection, Rachel Carson State Office Building, P. O. Box 8472, Harrisburg, PA 17105-8472, tpejack@state.pa.us.
[Pa.B. Doc. No. 05-1086. Filed for public inspection June 3, 2005, 9:00 a.m.]
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