[40 Pa.B. 1780]
[Saturday, April 3, 2010]
[Continued from previous Web Page]
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 AT&T 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 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 Floodplain Management Act (32 P. S. § 679.302) and The Clean Streams Law (35 P. S. §§ 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.
E09-943. Department of Transportation, 7000 Geerdes Boulevard, King of Prussia, PA 19406, Tinicum Township, Bucks County, ACOE Philadelphia District.
To perform the following water obstruction and encroachment activities:
1. To remove the existing Headquarters Road Bridge (SR 1012, Sec 61M) and to construct and maintain, in its place an approximately 28-foot long, 30-foot wide, and approximately 4-foot high single span spread box beam bridge across Sundale Creek (EV).
The site is located approximately 1,100 feet northeast of the intersection of Headquarters and Hollow Horn Roads in Tinicum Township, Bucks County (Lumberville, PA-NJ USGS Quadrangle N: 17.86 inches; W: 14.72 inches).
2. To remove the existing Headquarters Road Bridge (SR 1012, Sec 61M) and to construct and maintain, in its place, an approximately 29.5-foot long, 16-foot wide, and approximately 7-foot high single span precast concrete arch culvert across unnamed tributary to Sundale Creek (EV).
The site is located near the intersection of Headquarter and Tettemer Roads in Tinicum Township, Bucks County (Lumberville, PA-NJ USGS Quadrangle N: 21.34 inches; W: 12.86 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)).
E46-1052. Transcontinental Gas Pipe Line Company, 2800 Post Oak Boulevard, Level 17, Houston, TX 77056-6147, West Conshohocken Borough, Montgomery County, ACOE Philadelphia District.
To modify and maintain the existing West Conshohocken meter station by constructing an 8-inch receiver valve assembly in the 100-year flood plain of the Schuylkill River, the site is located approximately 2.5 miles west of the intersection of 4th Street and River Road (SR 0023) (Norristown, PA USGA Quadrangle N: 11.5 inches; W: 5.6 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)).
Northwest Region: Watershed Management Program Manager, 230 Chestnut Street, Meadville, PA 16335.
E03-442. Redbank Valley Municipal Authority, 243 Broad Street, New Bethlehem, PA 16242. Sanitary Sewer Project in South Bethlehem Borough, Armstrong County. ACOE Pittsburgh District.
To construct and maintain a sanitary sewage pump station and associated grading and fill within the left 100-year floodplain and floodway of Redbank Creek approximately 1,500 feet downstream of the SR 839 bridge (New Bethlehem, PA Quadrangle N: 41° 00` 06"; W: 79° 20` 16").
E33-238, Northeastern ITS, 6779 Engle Road, Suite D, Middleburg Heights, OH. Wilderness Fiber Installation Project, in various municipalities, Jefferson County.
To construct and maintain a conduit fiber optic system across Pennsylvania along roadway right-of-ways. The proposed project originates in Cleveland, OH and terminates in New Jersey running approximately 450 miles. A total of 25.2 miles of Jefferson County will be traversed by the proposed project beginning at the Clarion-Jefferson County border on US-322 and ending at the Jefferson-Clearfield County border on US-322. The applicant proposes to cross a total of 29 streams in Jefferson County via boring or bridge attachment. The proposed crossings are listed below from west to east.
1. Welch Run (CWF), N: 41° 10` 48.20"; W: 79° 11` 50.72", Corsica Borough.
2. Tributary to Coder Run (CWF), N: 41° 10` 40.38"; W: 79° 10` 48.41", Union Township.
3. Coder Run (CWF), N: 41° 10` 40.45"; W: 79° 10` 46.57", Union Township.
4. Coder Run (CWF), N: 41° 10` 40.58"; W: 79° 10` 44.68", Union Township.
5. Coder Run (CWF), N: 41° 10` 40.81"; W: 79° 10` 40.49", Union Township.
6. Tributary to Coder Run (CWF), N: 41° 10` 37.49"; W: 79° 10` 16.71", Union Township.
7. Tributary to Coder Run (CWF), N: 41° 10` 38.49"; W: 79° 09` 34.08", Union Township.
8. Tributary to Campbell Run (CWF), N: 41° 10` 25.03"; W: 79° 07` 52.21", Union Township.
9. Campbell Run (CWF), N: 41° 10` 15.32"; W: 79° 07` 25.60", Rose Township.
10. Tributary to Clement Run (CWF), N: 41° 10` 03.17"; W: 79° 06` 38.32", Rose Township.
11. North Fork River (HQ-CWF), N: 41° 09` 31.97"; W: 79° 04` 36.37", Brookville Borough.
12. Mill Creek (TSF), N: 41° 09` 23.47"; W: 79° 03` 11.05", Pine Creek Township.
13. Tributary to Sandy Lick Creek (TSF), N: 41° 08` 01.97"; W: 78° 59` 29.39", Pine Creek Township.
14. Tributary to O'Donnell Run (CWF), N: 41° 07` 20.98"; W: 78° 57` 55.34", Pine Creek Township.
15. Tributary to O'Donnell Run (CWF), N: 41° 07` 17.17"; W: 78° 57` 04.22", Pine Creek Township.
16. O'Donnell Run (CWF), N: 41° 07` 21.47"; W: 78° 56` 14.91", Winslow Township.
17. Tributary to Schoolhouse Run (HQ-CWF), N: 41° 07` 04.19"; W: 78° 55` 30.78", Winslow Township.
18. Tributary to Schoolhouse Run (HQ-CWF), N: 41° 07` 59.43"; W: 78° 55` 15.73", Winslow Township.
19. Schoolhouse Run (HQ-CWF), N: 41° 07` 10.22"; W: 78° 54` 40.15", Winslow Township.
20. Tributary to Schoolhouse Run (HQ-CWF), N: 41° 07` 04.34"; W: 78° 54` 25.73", Winslow Township.
21. Tributary to Schoolhouse Run (HQ-CWF), N: 41° 06` 57.88"; W: 78° 54` 18.07", Winslow Township.
22. Sandy Lick Creek (TSF), N: 41° 05` 57.33"; W: 78° 53` 31.09", Reynoldsville Borough.
23. Soldier Run (CWF), N: 41° 05` 04.96"; W: 78° 52` 02.09", Winslow Township.
24. Tributary to Soldier Run (CWF), N: 41° 05` 11.97"; W: 78° 51` 42.03", Winslow Township.
25. Soldier Run (CWF), N: 41° 05` 24.01"; W: 78° 51` 28.08", Winslow Township.
26. Fehley Run (CWF), N: 41° 05` 32.18"; W: 78° 51` 13.24", Winslow Township.
27. Rathmel Run (CWF), N: 41° 05` 37.38"; W: 78° 50` 23.97", Winslow Township.
28. Soldier Run (CWF), N: 41° 05` 29.69"; W: 78° 49` 43.32", Winslow Township.
29. Soldier Run (CWF), N: 41° 05` 28.53"; W: 78° 49` 04.99", Winslow Township.
E61-289, Northeastern ITS, 6779 Engle Road, Suite D, Middleburg Heights, OH. Wilderness Fiber Installation Project, in various municipalities, Venango County.
To construct and maintain a conduit fiber optic system across Pennsylvania along roadway right-of-ways. The proposed project originates in Cleveland, OH and terminates in New Jersey running approximately 450 miles. A total of 24.1 miles of Venango County will be traversed by the proposed project beginning at the Mercer-Venango County border on SR-1014 and ending at the Venango-Clarion County border on US-322. The applicant proposes to cross a total of 15 streams in Venango County via boring or bridge attachment. The proposed crossings are listed from west to east.
1. Tributary to Little Sandy Creek (HQ-CWF), N: 41° 24` 16.44"; W: 79° 58` 23.59", French Creek Township.
2. Tributary to French Creek (WWF), N: 41° 23` 49.37"; W: 79° 54` 41.59", French Creek Township.
3. Tributary to French Creek (WWF), N: 41° 23` 51.99"; W: 79° 53` 03.73", French Creek Township.
4. Tributary to French Creek (WWF), N: 41° 24` 03.39"; W: 79° 52` 10.59", French Creek Township.
5. Tributary to French Creek (WWF), N: 41° 24` 01.35"; W: 79° 51` 46.60", French Creek Township.
6. Tributary to French Creek (WWF), N: 41° 23` 53.48"; W: 79° 51` 16.59", French Creek Township.
7. Allegenheny River (WWF), N: 41° 23` 18.27"; W: 79° 49` 04.31", Franklin Borough.
8. Lower Two Mile Run (CWF), N: 41° 22` 24.18"; W: 79° 48` 05.32", Cranberry Township.
9. Tributary to Allegenheny River (WWF), N: 41° 21` 49.47"; W: 79° 45` 53.06", Cranberry Township.
10. Burford Run (CWF), N: 41° 21` 34.75"; W: 79° 44` 57.61", Cranberry Township.
11. Halls Run (CWF), N: 41° 20` 36.43"; W: 79° 41` 52.62", Cranberry Township.
12. Tributary to East Sandy Creek (CWF), N: 41° 19` 46.92"; W: 79° 40` 19.33", Cranberry Township.
13. Tributary to East Sandy Creek (CWF), N: 41° 19` 35.75"; W: 79° 40` 01.91", Cranberry Township.
14. East Sandy Creek (CWF), N: 41° 19` 01.88"; W: 79° 39` 17.76", Rockland/Cranberry Township.
15. Tributary to Little East Sandy Creek (CWF), N: 41° 18` 32.95"; W: 79° 37` 50.10", Rockland Township.
EROSION AND SEDIMENT CONTROL The following Erosion and Sediment Control Permits have been issued.
Any person aggrieved by these actions may appeal, under section 4 of the Environmental Hearing Board Act (35 P. S. § 7514) and 2 Pa.C.S. Chapter 5, Subchapter A (relating to practice and procedure of Commonwealth agencies), 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 may contact the Environmental Hearing Board (Board) through the Pennsylvania AT&T 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 to 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 decisional law.
If individuals want to challenge this action, their appeal must reach the Board within 30 days. Individuals do not need a lawyer 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. If individuals cannot afford a lawyer, individuals may qualify for pro bono representation. Call the Secretary to the Board (717) 787-3483 for more information.
Northcentral Region: Oil and Gas Management Program Manager, 208 West Third Street, Williamsport, PA 17701.
ESCGP-1 # ESX10-015-0054
Applicant Name Talisman Energy, Inc.
Contact Person Eric Potter
Address 337 Daniel Zenker Drive
City, State, Zip Horseheads, NY 14845
County Bradford
Township(s) Columbia Township
Receiving Stream(s) and Classification(s) UNT to North
Branch Sugar CreekESCGP-1 # ESX10-015-0056
Applicant Name Talisman Energy, Inc.
Contact Person Eric Potter
Address 337 Daniel Zenker Drive
City, State, Zip Horseheads, NY 14845
County Bradford
Township(s) Canton Township
Receiving Stream(s) and Classification(s) UNT to Alba
CreekESCGP-1 # ESX10-015-0041
Applicant Name Fortuna Energy, Inc.
Contact Person Eric Potter
Address 337 Daniel Zenker Drive
City, State, Zip Horseheads, NY 14845
County Bradford
Township(s) Canton Township
Receiving Stream(s) and Classification(s) UNT to Alba
CreekESCGP-1 # ESX10-015-0055
Applicant Name Talisman Energy, Inc.
Contact Person Eric Potter
Address 337 Daniel Zenker Drive
City, State, Zip Horseheads, NY 14845
County Bradford
Township(s) Columbia Township
Receiving Stream(s) and Classification(s) UNT to Wolfe
CreekESCGP-1 # ESX10-015-0044
Applicant Name Fortuna Energy, Inc.
Contact Person Eric Potter
Address 337 Daniel Zenker Drive
City, State, Zip Horseheads, NY 14845
County Bradford
Township(s) Armenia Township
Receiving Stream(s) and Classification(s) Morgan CreekESCGP-1 # ESX10-015-0045
Applicant Name Fortuna Energy, Inc.
Contact Person Eric Potter
Address 337 Daniel Zenker Drive
City, State, Zip Horseheads, NY 14845
County Bradford
Township(s) Armenia Township
Receiving Stream(s) and Classification(s) Webier CreekESCGP-1 # ESG10-117-0003
Applicant Name Fortuna Energy, Inc.
Contact Person Eric Potter
Address 337 Daniel Zenker Drive
City, State, Zip Horseheads, NY 14845
County Tioga
Township(s) Ward Township
Receiving Stream(s) and Classification(s) UNT to Fall
Brook
Secondary—Fall BrookESCGP-1 # ESX10-015-0057
Applicant Name Chesapeake Appalachia, LLC
Contact Person Eric Haskins
Address 100 1st Center
City, State, Zip Horseheads, NY 14845
County Bradford
Township(s) Herrick Township
Receiving Stream(s) and Classification(s) UNT
Secondary—Billings CreekESCGP-1 # ESX10-117-0053
Applicant Name East Resources, Inc.
Contact Person Jefferson Long
Address 301 Brush Creek Road
City, State, Zip Warrendale, PA 15086
County Tioga
Township(s) Richmond Township
Receiving Stream(s) and Classification(s) UNT to Canoe
Camp CreekESCGP-1 # ESX10-117-0052
Applicant Name East Resources, Inc.
Contact Person Jefferson Long
Address 301 Brush Creek Road
City, State, Zip Warrendale, PA 15086
County Tioga
Township(s) Delmar Township
Receiving Stream(s) and Classification(s) Heise Run
Secondary—Marsh Creek to Pine CreekESCGP-1 # ESX10-117-0051
Applicant Name East Resources, Inc.
Contact Person Jefferson Long
Address 301 Brush Creek Road
City, State, Zip Warrendale, PA 15086
County Tioga
Township(s) Sullivan Township
Receiving Stream(s) and Classification(s) UNT to Corey
Creek
Secondary—Corey Creek, Tributary to Tioga RiverESCGP-1 # ESX10-081-0009
Applicant Name East Resources, Inc.
Contact Person Jefferson Long
Address 301 Brush Creek Road
City, State, Zip Warrendale, PA 15086
County Lycoming
Township(s) McNett Township
Receiving Stream(s) and Classification(s) UNT to
Lycoming Creek, Hawk RunESCGP-1 # ESX10-117-0049
Applicant Name East Resources, Inc.
Contact Person Jefferson Long
Address 301 Brush Creek Road
City, State, Zip Warrendale, PA 15086
County Tioga
Township(s) Charleston Township
Receiving Stream(s) and Classification(s) UNT—West
Branch Susquehanna River Basin
Secondary—Catlin Hollow, Babb CreekESCGP-1 # ESX10-117-0048
Applicant Name East Resources, Inc.
Contact Person Jefferson Long
Address 301 Brush Creek Road
City, State, Zip Warrendale, PA 15086
County Tioga
Township(s) Delmar Township
Receiving Stream(s) and Classification(s) UNT to Wilson
Creek, Tributary to Babb Creek
Secondary—Stoney Fork, Tributary to Babb CreekESCGP-1 # ESX10-027-0004
Applicant Name EXCO Resources (PA), Inc.
Contact Person Larry Sanders
Address 3000 Ericsson Drive, Suite 200
City, State, Zip Warrendale, PA 15086
County Centre
Township(s) Burnside Township
Receiving Stream(s) and Classification(s) Miles Run
Secondary—Sterling RunESCGP-1 # ESX10-117-0055
Applicant Name East Resources, Inc.
Contact Person Jefferson Long
Address 301 Brush Creek Road
City, State, Zip Warrendale, PA 15086
County Tioga
Township(s) Charleston
Receiving Stream(s) and Classification(s) UNT to Hills
Creek/Susquehanna River Basin
Secondary—Hills CreekESCGP-1 # ESX10-117-0056
Applicant Name East Resources, Inc.
Contact Person Jefferson Long
Address 301 Brush Creek Road
City, State, Zip Warrendale, PA 15086
County Tioga
Township(s) Delmar Township
Receiving Stream(s) and Classification(s) UNT to Stoney
Fork (East Branch)
Secondary—Stoney Fork (East Branch), Tributary to Stoney Fork Tributary to Babb CreekESCGP-1 # ESX10-015-0059
Applicant Name Talisman Energy, Inc.
Contact Person Tracy Gregory
Address 337 Daniel Zenker Drive
City, State, Zip Horseheads, NY 14845
County Bradford
Township(s) Armenia Township
Receiving Stream(s) and Classification(s) Tributary to
Fall BrookESCGP-1 # ESX10-015-0064
Applicant Name Talisman Energy, Inc.
Contact Person Eric Potter
Address 337 Daniel Zenker Drive
City, State, Zip Horseheads, NY 14845
County Bradford
Township(s) Wells Township
Receiving Stream(s) and Classification(s) UNT to South CreekESCGP-1 # ESX10-015-0065
Applicant Name Talisman Energy, Inc.
Contact Person Eric Potter
Address 337 Daniel Zenker Drive
City, State, Zip Horseheads, NY 14845
County Bradford
Township(s) Columbia Township
Receiving Stream(s) and Classification(s) UNT to North
Branch of Sugar CreekESCGP-1 # ESX10-015-0063
Applicant Name Talisman Energy, Inc.
Contact Person Eric Potter
Address 337 Daniel Zenker Drive
City, State, Zip Horseheads, NY 14845
County Bradford
Township(s) Wells Township
Receiving Stream(s) and Classification(s) UNT to South
Creek
Secondary—Mill CreekESCGP-1 # ESG10-081-0003
Applicant Name Chief Gathering, LLC
Contact Person Ted Wurfel
Address 6051 Wallace Road Ext.
City, State, Zip Wexford, PA 15090
County Lycoming
Township(s) Mifflin Township
Receiving Stream(s) and Classification(s) UNT to First
Fork Larry's Creek and Joes RunESCGP-1 # ESX10-081-0010
Applicant Name Range Resources-Appalachia, LLC
Contact Person Carla Suszkoski
Address 380 Southpointe Boulevard, Suite 300
City, State, Zip Canonsburg, PA 15317
County Lycoming
Township(s) Cummings Township
Receiving Stream(s) and Classification(s) Dog Run, UNT
to First Fork Larry's CreekESCGP-1 # ESX10-015-0061
Applicant Name Chesapeake Appalachia, LLC
Contact Person Eric Haskins
Address 100 1st Center
City, State, Zip Horseheads, NY 14845
County Bradford
Township(s) Leroy Township
Receiving Stream(s) and Classification(s) Towanda Creek
Secondary—Susquehanna River
STORAGE TANKS
SITE-SPECTIFIC INSTALLATION PERMITS
The following Storage Tank Site-Specific Installation Permits, under the authority of the Storage Tank Spill Prevention Act (35 P. S. §§ 6021.304, 6021.504, 6021.1101 and 6021.1102) and under 25 Pa. Code Chapter 245, Subchapter C, have been issued by the Bureau of Waste Management, Director, P. O. Box 8763, Harrisburg, PA 17105-8763.
SSIP
Permit No.Applicant Name &
AddressCounty Municipality Tank Type Tank Capacity 10-17-005 Fluids Management LTD
11767 Katy Freeway
Suite 230
Houston, TX 77079
Attn: Mr. Dwayne LeJeuneClearfield Boggs
Township27 ASTs storing synthetic oil /
drilling mud650,160
gallons
total
SPECIAL NOTICES
Planning Grant Awards under Section 901 of the
Municipal Waste Planning Recycling and Waste
Reduction Act of 1988, Act 101The Department of Environmental Protection (Department) announces the following grants to counties under the Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act of 1988, (P. L. 556, Act 101) Section 901 and Section 208 of the Waste Tire Recycling Act/Small Business and Household Pollution Prevention Act (Act 190 of 1996).
Planning grants are awarded to counties for 80% of approved costs for preparing municipal waste management plans as required by Act 101, for carrying out related studies, surveys, investigations, inquiries, research and analysis, including those related to siting, environmental mediation, education programs on pollution prevention and household hazardous waste and providing technical assistance to small businesses for pollution prevention. Grants may be awarded for feasibility studies and project development for municipal waste processing or disposal facilities, except for facilities for the combustion of municipal waste that are not proposed to be operated for the recovery of energy. 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.
Inquiries regarding the grant offerings should be directed to Ms. Sally Lohman, Chief, Waste Planning Section, Department of Environmental Protection, Bureau of Waste Management, Division of Waste Minimization and Planning, P. O. Box 8472, Harrisburg, PA 17105-8472.
Act 101, Section 901 Planning Grant
Region County Applicant Project Description Grant Award Northcentral Clearfield
ClintonClearfield and
Clinton CountiesWaste Plan Update Waste Plan Update $20,872
$43,926Southwest Indiana Indiana County Waste Plan Update $68,227
HAZARDOUS SITES CLEAN-UP UNDER THE ACT OF
OCTOBER 18, 1988
Settlement under The Comprehensive Environmental Response, Compensation and Liability Act and The Hazardous Sites Cleanup Act
Keystone Instruments, Inc.
Clinton CountyThe Department of Environmental Protection (Department), under the authority of the Hazardous Sites Cleanup Act, 35 P. S. §§ 6020.101—6020.1305 (HSCA), and the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. §§ 9601—9675 (CERCLA), and the Radiation Protection Act, the Act of July 10, 1984, 35 P. S. § 7110.101 et seq. (RPA), has entered into a proposed Consent Order and Agreement for Inability to Pay Settlement with Keystone Instruments, Inc. and its President and sole shareholder, David W. Stover, Sr., (collectively the Settlers).
The proposed settlement resolves claims of the Department with the Settlers under HSCA, CERCLA, RPA and other applicable law for response costs expended by the Department at the Keystone Instruments Site (Site) located in Castanea Township, Clinton County, PA.
The Settlers used the property since the mid 1960s to the present for the repair and maintenance of aircraft instruments, many of which contained radium paint, resulting in widespread radium contamination of the building and soils immediately adjacent to the building. Settlers have failed to and are unable to comply with certain critical requirements of a 2008 Consent Order with the Department.
The proposed settlement obligates the Settlers to terminate all business and non-business operations at the Site, and to vacate the Site of all employees by no later than March 24, 2010. Settlers grant the Department and its designated agents, including contractors and responsible persons under the direction of the Department, access to and entry upon the Site to perform response actions. Settlers agree to the filing of a lien on the Site with the Clinton County Recorder of Deeds in the amount of $1,000,000. The Department will be listed as the creditor for the lien.
The Department believes that the proposed settlement is fair, reasonable, practicable, in the public interest, and in furtherance of the statutory goals of HSCA, CERCLA and RPA.
For a period of 60 (sixty) days beginning with the April 3, 2010, publication date of this Notice, the public is invited to review the Consent Order and Agreement memorializing the settlement, from 8:30 a.m. to 5 p.m., Monday through Friday, at the Lock Haven City Hall, 20 East Church Street, Lock Haven, PA or by calling Kathy Arndt to arrange an appointment from 8 a.m. to 4 p.m., Monday through Friday, at the Department's Northcentral Field Operations Office, 208 West Third Street, Williamsport, PA 17701, (570) 327-3636.
After review, the public may submit written comments on the Consent Order and Agreement, before June 3, 2010, by mailing them to Denny Wright, 208 West Third Street, Williamsport, PA 17701. A person adversely affected by the settlement may also file an appeal from the Consent Order and Agreement to the Environmental Hearing Board. Any questions concerning this Notice should be directed to Denny Wright, at the telephone number and address noted previously.
[Pa.B. Doc. No. 10-608. Filed for public inspection April 2, 2010, 9:00 a.m.]
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