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PA Bulletin, Doc. No. 05-1918

NOTICES

ENVIRONMENTAL
HEARING BOARD

Montgomery Sewer Company, Inc. v. DEP; EHB Doc. No. 2004-185-K

[35 Pa.B. 5741]

   The Department of Environmental Protection (Department) and Montgomery Sewer Company, Inc. (Montgomery Sewer) have agreed to a settlement of the previously captioned matter. This appeal challenged the NPDES Permit No. PA0052094 issued by the Department to Montgomery Sewer on July 9, 2004, regarding the wastewater treatment plant owned and operated by Montgomery Sewer known as the Orchard Treatment Plan.

   The parties have agreed to a settlement, under which the parties agree to dismiss the pending appeal without prejudice to the right of Montgomery Sewer to raise any and all factual and legal issues raised in the appeal at Docket No. 2004-185-K in any future litigation between Montgomery Sewer and the Department regarding the Orchard Treatment Plant and that the Department's defenses to those issues are also preserved for future litigation.

   The parties requested that the Environmental Hearing Board (Board) include the Stipulation for Settlement in the record of the case and dismiss the appeal without prejudice and subject to the rights set forth in the Stipulation for Settlement. Copies of the full Stipulation for Settlement are in the hands of William H. Gelles, Esquire, Commonwealth of Pennsylvania, Department of Environmental Protection, Southeast Regional Counsel, 2 East Main Street, Norristown, PA 17401, (484) 250-5930; and Steven A. Hann, Esquire, Hamburg, Rubin, Mullin, Maxwell & Lupin, 375 Morris Road, Lansdale, PA 19446, (215) 661-0400. Copies of the full Stipulation for Settlement are also available at the office of the Board and may be reviewed by interested parties on request during normal business hours. Interested members of the public may comment to the Board on the Stipulation of Settlement for a period of 30 days from the date of this notice.

MICHAEL L. KRANCER,   
Chairperson

[Pa.B. Doc. No. 05-1918. Filed for public inspection October 14, 2005, 9:00 a.m.]


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