[45 Pa.B. 5796]
[Saturday, September 26, 2015]
[Continued from previous Web Page]
ACTIONS ON COAL AND NONCOAL MINING ACTIVITY APPLICATIONS
Actions on applications under the Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1396.1—1396.19a); the Noncoal Surface Mining Conservation and Reclamation Act (52 P. S. §§ 3301—3326); The Clean Streams Law; the Coal Refuse Disposal Control Act (52 P. S. §§ 30.51—30.66); and The Bituminous Mine Subsidence and Land Conservation Act (52 P. S. §§ 1406.1—1406.20a). The final action on each application also constitutes action on the NPDES permit application and, if noted, the request for a Section 401 Water Quality Certification. Mining activity permits issued in response to applications will also address the application permitting requirements of the following statutes: the Air Quality Pollution Act (35 P. S. §§ 4001—4014); the Dam Safety and Encroachments Act (32 P. S. §§ 693.1—693.27); and the Solid Waste Management Act (35 P. S. §§ 6018.101—6018.1002).
Coal Permits Issued
California District Office: 25 Technology Drive, Coal Center, PA 15423, 724-769-1100
33971301 and NPDES No. PA0215031. Rosebud Mining Company, (301 Market Street, Kittanning, PA 16201). To transfer the permit for the Dora No. 8 Mine in Perry Township, Jefferson County and related NPDES permit from AMFIRE Mining Company LLC to Rosebud Mining Company. No additional discharges. The application was considered administratively complete on March 4, 2015. Application received December 31, 2014. Permit issued September 4, 2015.
Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, 814-472-1900
Permit No. 32950201 and NPDES No. PA0213004. Cambria Reclamation Corporation, 2929 Allen Parkway, Suite 2200, Houston, TX 77019, permit renewal for the continued operation and restoration of a bituminous surface mine in White and Rayne Townships, Indiana County affecting 256 acres. Receiving streams: McKee Run to Crooked Creek classified for the following uses: cold water fishes and warm water fishes. There are no potable water supply intakes within 10 miles downstream. Application received: May 6, 2015. Permit issued: September 1, 2015.
Permit No. 32950201 and NPDES No. PA213004, Cambria Reclamation Corp., 2929 Allen Parkway, Suite 2200, Houston, TX 77019, commencement, operation and restoration of a bituminous surface mine and to adjust the permit boundary by one acre on the property along the eastern boundary of the permit area, to provide for reclamation of additional area containing coal refuse material in White and Rayne Townships, Indiana County, affecting 256 acres. Receiving streams: McKee Run to Crooked Creek classified for the following uses: cold water fishes and warm water fishes. There are no potable water supply intakes within 10 miles downstream. Application received: May 6, 2015. Permit issued: September 1, 2015.
Permit No. 56080101 and NPDES No. PA0262579. Coal Loaders Inc., 210 E. Main Street, P.O. Box 556, Ligonier, PA 15658, permit renewal for the continued operation and restoration of a bituminous surface mine in Stonycreek Township, Somerset County, affecting 108.1 acres. Receiving stream: Stonycreek River classified for the following use: cold water fishes. The first downstream potable water supply intake from the point of discharge is Hooversville Borough intake. Application received: March 9, 2015. Permit issued: September 1, 2015.
Permit No. 56970105 and NPDES No. PA0234630. Hoffman Mining, Inc., P.O. Box 130, 118 Runway Road, Friedens, PA 15541, permit renewal for the continued operation and restoration of a bituminous surface and auger mine in Paint Township, Somerset County affecting 171.0 acres. Receiving streams: unnamed tributary to/and Stonycreek River classified for the following uses: cold water fishes & trout stocked fishes. There are no potable water supply intakes within 10 miles downstream. Application received: February 9, 2015. Permit issued: September 1, 2015.
Permit No. 11090101. Bedrock Mine, LP, 111 Freeport Road, Pittsburgh, PA 15215, permit renewal for reclamation only of a bituminous surface and auger mine in Blacklick Township, Cambria County affecting 101 acres. Receiving stream: unnamed tributary to South Branch Blacklick Creek classified for the following use: cold water fishes. There are no potable water supply intakes within 10 miles downstream. Application received: April 13, 2015. Permit issued: September 2, 2015.
Permit No. 11080102 and NPDES No. PA0262641. Bell Resources, Inc., 1340 Hoyt Road, Curwensville, PA 16833, permit renewal for reclamation only of a bituminous surface mine in Susquehanna Township, Cambria County, affecting 33.4 acres. Receiving streams: West Branch Susquehanna River classified for the following use: cold water fishes. There are no potable water supply intakes within 10 miles downstream. Application received: June 4, 2015. Permit issued: September 2, 2015.
Permit No. 56080109 and NPDES No. PA0262706, PBS Coals, Inc., 1576 Stoystown Road, P.O. Box 260, Friedens, PA 15541, commencement, operation and restoration of a bituminous surface & auger mine to change the land use from Woodland to Wildlife Habitat in Somerset Township, Somerset County, affecting 320.7 acres. Receiving streams: unnamed tributaries to Wells Creek to Stonycreek classified for the following use: cold water fishes. There are no potable water supply intakes within 10 miles downstream. Application received: June 16, 2015. Permit issued: September 10, 2015.
Permit No. 32000108 and NPDES No. PA0248801. River Hill Coal Co., Inc., P.O. Box 141, Kylertown, PA 16847, permit renewal for the continued reclamation of a bituminous surface mine in West Wheatfield Township, Indiana County, affecting 759.2 acres. Receiving streams: unnamed tributaries to/and Conemaugh River, Richards Run and Roaring Run classified for the following use: cold water fishes. There are no potable water supply intakes within 10 miles downstream. Application received: July 7, 2014. Permit issued: September 10, 2015.
Knox District Mining Office: P.O. Box 669, 310 Best Avenue, Knox, PA 16232-0669, 814-797-1191
24743008. Fairview Coal Company (P.O. Box R, Ridgway, PA 15853) Renewal of an existing bituminous surface and auger mine in Fox Township, Elk County, affecting 66.0 acres. Receiving streams: Unnamed tributary to Benninger Creek and Benninger Creek. This renewal is issued for reclamation only. Application received: May 18, 2015. Permit Issued: September 10, 2015.
33723006 and NPDES Permit No. PA0603406. Consol Mining Company, LLC (CNX Center, 1000 Energy Drive, Canonsburg, PA 15317) Renewal of an existing bituminous surface and auger mine and its associated NPDES permit in Winslow Township, Jefferson County, affecting 450.2 acres. Receiving streams: Unnamed tributary to Soldier Run. Application received: June 22, 2015. Permit Issued: September 10, 2015.
New Stanton District Office: 131 Broadview Road, New Stanton, PA 15672, 724-925-5500
63-14-01GP-104. Rostosky Coal, LLC (2578 Country Lane, Monongahela, PA 15063). General NPDES permit for stormwater discharge associated with mining activities on a Government Financed Construction Contract. Permit No. 63-14-01 located in West Pike Run Township, Washington County affecting 3 acres. Receiving stream: Pike Run. Application received: May 22, 2015. GP-104 permit issued: September 10, 2015.
Noncoal Permits Issued
Knox District Mining Office: P.O. Box 669, 310 Best Avenue, Knox, PA 16232-0669, 814-797-1191
27152801. Trimont Energy, LLC (1305 Grandview Avenue, Pittsburgh, PA 15211) Commencement, operation and restoration of a small industrial minerals mine in Harmony Township, Forest County, affecting 6.4 acres. Receiving streams: Dawson Run. Application received: June 22, 2015. Permit Issued: September 10, 2015.
27152801-GP-104. Trimont Energy, LLC (1305 Grandview Avenue, Pittsburgh, PA 15211) General NPDES Permit for stormwater discharges associated with mining activities on Surface Mining Permit No. 27152801 in Harmony Township, Butler County. Receiving streams: Dawson Run. Application received: June 22, 2015. Permit Issued: September 10, 2015.
ACTIONS ON BLASTING ACTIVITY APPLICATIONS
Actions on applications under the Explosives Acts of 1937 and 1957 and 25 Pa. Code § 211.124. Blasting activity performed as part of a coal or noncoal mining activity will be regulated by the mining permit for that coal or noncoal mining activity.
Blasting Permits Issued
Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, 814-342-8200
41154102. Midstream Explosives LLC (289 Southside Drive, Newville, PA 17241). Blasting for Blanchard to Wissler Pipeline located in McNett Township, Lycoming County with an expiration date of August 31, 2016. Permit issued: September 3, 2015.
New Stanton District Office: 131 Broadview Road, New Stanton, PA 15672, 724-925-5500
30154002. KESCO, Inc. (215 South Main St., Suite 2, Zelienople, PA 16063). Blasting activity permit for the construction of the Glass Joe Well Site pad, to conduct seismic activity located in Aleppo Township, Greene County with an exploration date of March 4, 2016. Blasting permit issued: September 10, 2015.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118
Permit No. 35154105. Newville Construction Services, Inc., (408 Mohawk Road, Newville, PA 17241), construction blasting for Lackawanna Providence Pole Holes in the City of Scranton, South Abington Township and Dickson City Borough in Lackawanna County with an expiration date of December 31, 2015. Permit issued: September 8, 2015.
Permit No. 46154109. Rock Work, Inc., (1257 DeKalb Pike, Blue Bell, PA 19422), construction blasting for Troutman Tract in Upper Providence Township, Montgomery County with an expiration date of September 30, 2016. Permit issued: September 10, 2015.
Permit No. 67154113. Abel Construction Co., Inc., (PO Box 476, Mountville, PA 17554), construction blasting for Reservoir Heights in West Manheim Township, York County with an expiration date of September 8, 2016. Permit issued: September 10, 2015.
Permit No. 38154120. M & J Explosives, LLC, (PO Box 1248, Carlisle, PA 17013), construction blasting for Lebanon Valley Distribution Center in Bethel Township, Lebanon County with an expiration date of September 8, 2016. Permit issued: September 11, 2015.
Permit No. 38154121. Keystone Blasting Service, (15 Hopeland Road, Lititz, PA 17543), construction blasting for Gloninger Woods Park in North Cornwall Township, Lebanon County with an expiration date of December 30, 2015. Permit issued: September 11, 2015.
Permit No. 38154122. Keystone Blasting Service, (15 Hopeland Road, Lititz, PA 17543), construction blasting for Bachman Run in South Annville Township, Lebanon County with an expiration date of September 30, 2016. Permit issued: September 11, 2015.
Permit No. 38154123. Maine Drilling & Blasting, Inc., (PO Box 1140, Gardiner, ME 04345), construction blasting for Lebanon Valley Distribution Center in Bethel Township, Lebanon County with an expiration date of December 31, 2015. Permit issued: September 11, 2015.
FEDERAL WATER POLLUTION CONTROL ACT SECTION 401 The 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 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 that action to the Environmental Hearing Board (Board) under section 4 of the Environmental Hearing Board Act and 2 Pa.C.S. §§ 501—508 and 701—704. The appeal should be sent to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, PO Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users may contact the 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 a right of appeal beyond that permitted by applicable statutes and decisional law.
For individuals who wish to challenge an action, the appeal 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 and Notice of Final Action for Certification under section 401 of the FWPCA.
Permits, Environmental Assessments and 401 Water Quality Certifications Issued:
WATER OBSTRUCTIONS AND ENCROACHMENTS Southeast Region: Waterway and Wetlands Program Manager, 2 East Main Street, Norristown, PA 19401, Telephone 484-250-5900.
E46-1124. Upper Dublin School District, 1580 Fort Washington Avenue, Maple Glen, PA 19002, Upper Dublin Township, Montgomery County, ACOE Philadelphia District.
To remove approximately 1,650 cubic yards of fill material along with four existing tennis courts, in and along the 100-year floodplain of Sandy Run for the purpose of reducing flooding concerns for the school.
The site is located at Sandy Run Middle School (Lat. 40.1273, Long. -75.171092).
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)).
E51-270. Philadelphia Water Department, 1101 Market Street, Philadelphia, PA 19107, City and County of Philadelphia, ACOE Philadelphia District.
To construct and maintain a new 48-inch ductile iron pipe outfall structure cored through the existing Naval Reserve Basin Bulkhead for the purpose of enhancing the stormwater infrastructure associated with the Langley Avenue (S.R. 9015) improvement project.
The site is located near the Philadelphia Navy Yard (26th street to League Island Boulevard), at Broad Street (Philadelphia, PA USGS Quadrangle, Lat; 39.89419; Long. -75.176869).
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)).
E46-1120. Montgomery County Planning Commission, P.O. Box 311, Norristown, PA 19404-0311, Pottstown Borough, Montgomery County, ACOE Philadelphia District.
To construct and maintain a 10-foot wide trail located partially along the floodway/floodplain of the Schuylkill River (WWF, MF). The proposed trail will be built within the road right of way on Industrial Highway. The trail section will narrow the existing roadway section by 10 feet along the river side of the road.
The site is located along Industrial Highway between Washington Street and east of Keim Street (Latitude: 40.238933; Longitude: -75.634127).
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)).
Southcentral Region: Waterways & Wetlands Program, 909 Elmerton Avenue, Harrisburg, PA 17110, Ed Muzic, Section Chief, 717.705.4802.
E36-933: Transcontinental Gas Pipe Line Company, LLC, 2800 Post Oak Boulevard, Level 17, Houston, TX 77056 in Fulton and Drumore Townships, Lancaster County, U.S. Army Corps of Engineers, Baltimore District.
To install and maintain the following:
Description of Impact Resource Name (Chapter 93 Designation) Impact Dimensions (Length x Width) (Feet) Permanent Impact Area (acres) Temporary Impact Area (acres) Latitude Longitude 20.0-inch steel natural gas utility line stream crossing Unnamed tributary to Fishing Creek (EV, MF) 40
(Permanent)3
(Permanent)0.003 0.002 39° 48` 39" -76° 14` 31" 35
(Temporary)3
(Temporary)20.0-inch steel natural gas utility line floodway crossing Floodway of unnamed tributary to Fishing Creek 40
(Permanent)125
(Permanent)0.15 0.20 39° 48` 39" -76° 14` 31" 74
(Temporary)125
(Temporary)20.0-inch steel natural gas utility line stream crossing Fishing Creek (EV, MF) 40
(Permanent)25
(Permanent)0.03 0.04 39° 48` 23" -76° 14` 27" 63
(Temporary)25
(Temporary)20.0-inch steel natural gas utility line floodway crossing Floodway of Fishing Creek 40
(Permanent)107
(Permanent)0.05 0.10 39° 48` 23" -76° 14` 27" 55
(Temporary)107
(Temporary)Temporary access road floodway crossing Floodway of unnamed tributary to Fishing Creek 0
(Permanent)0
(Permanent)0.00 0.01 39° 48` 22" -76° 14` 24" 20
(Temporary)18
(Temporary)20.0-inch steel natural gas utility line stream crossing Unnamed tributary to Susquehanna River (HQ-CWF, MF) 40
(Permanent)5
(Permanent)0.01 0.01 39° 47` 02" -76° 14` 11" 58
(Temporary)5
(Temporary)20.0-inch steel natural gas utility line floodway crossing Floodway of unnamed tributary to Susquehanna River 40
(Permanent)48
(Permanent)0.05 0.10 39° 47` 02" -76° 14` 11" 55
(Temporary)48
(Temporary)20.0-inch steel natural gas utility line wetland crossing PEM wetland (EV) 10
(Permanent)53
(Permanent)0.01 0.11 39° 47` 02" -76° 14` 11" 85
(Temporary)53
(Temporary)20.0-inch steel natural gas utility line floodway crossing Floodway of unnamed tributary to Susquehanna River 0
(Permanent)0
(Permanent)0.00 0.05 39° 47` 01" -76° 14` 10" 26
(Temporary)77
(Temporary)Temporary access road floodway crossing Floodway of unnamed tributary to Susquehanna River 0
(Permanent)0
(Permanent)0.00 0.04 39° 47` 01" -76° 14` 10" 20
(Temporary)79
(Temporary)20.0-inch steel natural gas utility line stream crossing Peters Creek (HQ-WWF, MF) 40
(Permanent)30
(Permanent)0.03 0.04 39° 46` 11" -76° 12` 54" 56
(Temporary)30
(Temporary)20.0-inch steel natural gas utility line floodway crossing Floodway of Peters Creek 40
(Permanent)100
(Permanent)0.08 0.14 39° 46` 11" -76° 12` 54" 55
(Temporary)100
(Temporary)20.0-inch steel natural gas utility line stream crossing Puddle Duck Creek (HQ-WWF, MF) 40
(Permanent)15
(Permanent)0.01 0.03 39° 45` 27" -76° 12` 27" 66
(Temporary)15
(Temporary)20.0-inch steel natural gas utility line floodway crossing Floodway of Puddle Duck Creek 40
(Permanent)108
(Permanent)0.09 0.20 39° 45` 27" -76° 12` 27" 55
(Temporary)108
(Temporary)20.0-inch steel natural gas utility line wetland crossing PEM wetland (EV) 10
(Permanent)4
(Permanent)0.001 0.02 39° 45` 26" -76° 12` 27" 122
(Temporary)4
(Temporary)20.0-inch steel natural gas utility line stream crossing Unnamed tributary to Puddle Duck Creek (HQ-WWF, MF) 40
(Permanent)4
(Permanent)0.004 0.01 39° 44` 48" -76° 12` 11" 101
(Temporary)4
(Temporary)20.0-inch steel natural gas utility line floodway crossing Floodway of unnamed tributary to Puddle Duck Creek 40
(Permanent)114
(Permanent)0.09 0.23 39° 44` 48" -76° 12` 11" 55
(Temporary)114
(Temporary)Temporary access road floodway crossing Floodway of unnamed tributary to Conowingo Creek 0
(Permanent)0
(Permanent)0.00 0.05 39° 43` 55" -76° 11` 33" 20
(Temporary)107
(Temporary)20.0-inch steel natural gas utility line stream crossing Unnamed tributary to Conowingo Creek (HQ-CWF, MF) 40
(Permanent)3
(Permanent)0.002 0.01 39° 43` 47" -76° 11` 46" 106
(Temporary)3
(Temporary)20.0-inch steel natural gas utility line floodway crossing Floodway of unnamed tributary to Conowingo Creek 40
(Permanent)185
(Permanent)0.15 0.15 39° 43` 47" -76° 11` 46" 55
(Temporary)185
(Temporary)20.0-inch steel natural gas utility line wetland crossing PEM wetland (EV) 0
(Permanent)0
(Permanent)0.00 0.07 39° 43` 46" -76° 11` 46" 27
(Temporary)49
(Temporary)20.0-inch steel natural gas utility line wetland crossing PFO wetland (EV) 0
(Permanent)0
(Permanent)0.00 0.02 39° 43` 29" -76° 11` 29" 36
(Temporary)18
(Temporary)20.0-inch steel natural gas utility line stream crossing Unnamed tributary to Conowingo Creek (HQ-CWF, MF) 40
(Permanent)3
(Permanent)0.01 0.01 39° 43` 29" -76° 11` 28" 80
(Temporary)3
(Temporary)20.0-inch steel natural gas utility line floodway crossing Floodway of unnamed tributary to Conowingo Creek 40
(Permanent)126
(Permanent)0.12 0.18 39° 43` 29" -76° 11` 28" 55
(Temporary)126
(Temporary)Temporary access road stream crossing Unnamed tributary to Conowingo Creek (HQ-CWF, MF) 0
(Permanent)0
(Permanent)0.00 0.002 39° 43` 29" -76° 11` 28" 20
(Temporary)3
(Temporary)Temporary access road floodway crossing Floodway of unnamed tributary to Conowingo Creek 0
(Permanent)0
(Permanent)0.00 0.05 39° 43` 29" -76° 11` 28" 20
(Temporary)112
(Temporary)Temporary access road wetland crossing PEM wetland (EV) 0
(Permanent)0
(Permanent)0.00 0.0005 39° 43` 26" -76° 11` 11" 4
(Temporary)5
(Temporary)Temporary access road wetland crossing PEM wetland (EV) 0
(Permanent)0
(Permanent)0.00 0.03 39° 43` 32" 76° 11` 10" 20
(Temporary)56
(Temporary)Temporary access road wetland crossing PEM wetland (EV) 0
(Permanent)0
(Permanent)0.00 0.01 39° 43` 33" 76° 11` 10" 20
(Temporary)21
(Temporary)Temporary access road wetland crossing PEM wetland (EV) 0
(Permanent)0
(Permanent)0.00 0.01 39° 43` 34" 76° 11` 10" 20
(Temporary)30
(Temporary)Temporary access road floodway crossing Floodway of Conowingo Creek 0
(Permanent)0
(Permanent)0.00 0.05 39° 43` 31" 76° 11` 10" 20
(Temporary)114
(Temporary)20.0-inch steel natural gas utility line wetland crossing PFO wetland (EV) 30
(Permanent)268
(Permanent)0.19 0.76 39° 43` 19" 76° 10` 58" 30
(Temporary)129
(Temporary)20.0-inch steel natural gas utility line wetland crossing PSS wetland (EV) 0
(Permanent)0
(Permanent)0.00 0.55 39° 43` 17" 76° 10` 58" 133
(Temporary)147
(Temporary)20.0-inch steel natural gas utility line stream crossing Conowingo Creek (CWF, MF) 40
(Permanent)49
(Permanent)0.04 0.64 39° 43` 18" 76° 10` 55" 649
(Temporary)49
(Temporary)20.0-inch steel natural gas utility line floodway crossing Floodway of Conowingo Creek 40
(Permanent)116
(Permanent)0.44 1.11 39° 43` 18" 76° 10` 55" 649
(Temporary)116
(Temporary)20.0-inch steel natural gas utility line wetland crossing PEM wetland (EV) 0
(Permanent)0
(Permanent)0.00 0.08 39° 43` 16" 76° 10` 56" 92
(Temporary)31
(Temporary)20.0-inch steel natural gas utility line wetland crossing PFO wetland (EV) 30
(Permanent)100
(Permanent)0.06 0.32 39° 43` 17" 76° 10` 54" 104
(Temporary)100
(Temporary)Temporary access road wetland crossing PEM wetland (EV) 0
(Permanent)0
(Permanent)0.00 0.01 39° 43` 16" 76° 10` 56" 20
(Temporary)20
(Temporary)
The purpose of the project is to provide natural gas services for a proposed upgrade to the existing Wildcat Point electric generating facility located in Cecil County, Maryland. The project proposes to permanently impact 418.41 linear feet of stream channel, 1.26 acre of floodway, and 0.26 acre of wetlands. 0.37 acre of PFO wetland creation, 0.1 acre of PEM wetland creation and 0.13 acre of wetland enhancement, temporarily impacting 0.13 acre of PEM wetlands are proposed at 39° 49` 12.9"N/76° 09` 31.4"W.
Northcentral Region: Waterways & Wetlands Program Manager, 208 West Third Street, Williamsport, PA 17701, 570-327-3636
E19-309. Bloomsburg Fair Association, 620 W 3rd Street, Bloomsburg, PA 17815. Disabled Vehicle Lot and Helicopter Pad, in Town of Bloomsburg, Columbia County, ACOE Baltimore District (Bloomsburg, PA Quadrangle Latitude: 40-59-34; Longitude: 76-28-16.8).
To construct, operate and maintain a disabled vehicle storage area located just north of the Fort McClure Blvd intersection at the eastern side of the existing parking lot. Eight stalls will be surrounded by a 28 ft by 72 ft security fence with associated gates. This permit also authorizes a helicopter pad that 45 ft by 40 ft across. To provide a level area for the concrete pad 240 cubic yards of fill shall be placed to a maximum depth at the center of the pad approximately 2 feet. For security reasons a 111 ft by 186 ft perimeter fence will be installed with associated gates for access. Both of these projects are located in the floodway of Fishing Creek which carries a water quality designation of Warm Water Fishery. This project is located along the North East side of West Fort McClure Boulevard 0.4 mile south of the intersection with T-409. This permit was issued under Section 105.13(e) ''Small Projects.''
Southwest Region: Waterways and Wetlands Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
E11-348, Pennsylvania Department of Transportation District 9-0, 1620 North Juniata Street, Hollidaysburg, PA 16648, Adams Township, Cambria County, ACOE Pittsburgh District.
Has been given consent to:
Fill and maintain 170 feet of open channel and 313 feet of enclosure and construct and maintain 247 feet of open channel and 236 feet of enclosure on an unnamed tributary to the South Fork of the Little Conemaugh River (CWF) with a drainage area of 0.32 square mile; fill and maintain 200 feet of open channel and construct and maintain a replacement 200 feet of open channel on a second unnamed tributary to the South Fork of the Little Conemaugh River with a drainage area less than 100 acres; construct and maintain 18 feet downstream extensions on two existing SR 869 3 feet diameter parallel culverts that are 68 feet and 55 feet long on a third unnamed tributary to the South Fork of the Little Conemaugh River (CWF) with a drainage area of 220 acres.
In addition install and maintain road associated stormwater outfalls; and temporarily impact 485 feet of stream for the purpose of constructing the encroachments. This project is associated with the SR 869, Beaver Run Curve improvement project with these encroachments located in Adams Township, 1.0 mile west of Beaverdale (Beaverdale PA Quadrangle, North 12.4 inches and West 4.1 inches; Latitude 40° 19` 10" and Longitude -78° 43` 20") Cambria County.
District Oil and Gas Operations: Eastern Oil & Gas District, 208 West Third Street, Suite 101, Williamsport, PA
E0829-106: Appalachia Midstream, LLC, 400 IST Center Suite 404, Horseheads, NY 14845, Overton Township, Bradford County, ACOE Baltimore District.
To construct, operate and maintain:
1. an 8 inch diameter natural gas line and a temporary timber mat bridge impacting 3,383 square feet of a Palustrine Forested Wetland (Overton, PA Quadrangle, Latitude: 41°34`50", Longitude: -76°34`30");
2. an 8 inch diameter natural gas line impacting 6 linear feet of an unnamed tributary to Lick Creek (EV, MF) and impacting 486 square feet of an adjacent Palustrine Forested and Palustrine Emergent Wetland (EV) (Overton, PA Quadrangle, Latitude: 41°34`47", Longitude: -76°34`56");
The project will result in 6 linear feet or 4 square feet of temporary stream impacts and 2,356 square feet (0.05 acre) of temporary PEM and PFO and 1,513 square feet (0.04 acre) of permanent PFO wetland impacts all for the purpose of installing a natural gas pipeline with associated access roadways for Marcellus shale development in Overton Township, Bradford County.
E5829-102: Middletown Township, Williams Field Services Company, LLC; Park Place Corporate Center 2, 2000 Commerce Drive, Pittsburgh, PA 15275; Middletown Township, Susquehanna County, ACOE Baltimore District.
To construct, operate, and maintain:
1) a natural gas compressor station fill permanently impacting 271 lineal feet of an unnamed tributary to North Branch Wyalusing Creek (CWF-MF) (Lawton, PA Quadrangle; Latitude: 41° 51` 33", Longitude: -76° 04` 54"),
2) a natural gas compressor station activities temporarily impacting 296 lineal feet of an unnamed tributary to North Branch Wyalusing Creek (CWF-MF) (Lawton, PA Quadrangle; Latitude: 41° 51` 33", Longitude: -76° 05` 00"),
3) a rip rap aggregate fill permanently impacting 103 lineal feet of an unnamed tributary to North Branch Wyalusing Creek (CWF-MF) (Lawton, PA Quadrangle; Latitude: 41° 51` 32", Longitude: -76° 05` 00"),
4) a rip rap aggregate fill temporarily impacting 70 lineal feet of an unnamed tributary to North Branch Wyalusing Creek (CWF-MF) (Lawton, PA Quadrangle; Latitude: 41° 51` 32", Longitude: -76° 05` 00"),
5) site grading and associated activities impacting 1,282 square feet (0.03 acre) of a PEM wetland (Lawton, PA Quadrangle; Latitude: 41° 51` 33", Longitude: -76° 04` 56").
Williams Field Services Company, LLC has constructed a natural gas compressor station located in Middletown Township, Susquehanna County. The project resulted in 374 lineal feet of permanent stream impacts, 366 lineal feet of temporary stream impacts, and 1,282 square feet (0.03 acre) of temporary wetland impacts all for the purpose of providing safe reliable distribution of Marcellus Shale natural gas to market.
EROSION AND SEDIMENT CONTROL The following Erosion and Sediment Control permits have been issued.
Persons aggrieved by an action may appeal that action to the Environmental Hearing Board (Board) under section 4 of the Environmental Hearing Board Act and 2 Pa.C.S. §§ 501—508 and 701—704. The appeal should be sent to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, PO Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users may contact the 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 a right of appeal beyond that permitted by applicable statutes and decisional law.
For individuals who wish to challenge an action, the appeal 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.
Northwest Region: Oil and Gas Program Manager, 230 Chestnut St., Meadville, PA 16335
ESCGP-2 #ESX15-073-0005—Mahoning Gunn Well Pad
Applicant Hilcorp Energy Company
Contact Ms. Stephanie McMurray
Address 1201 Louisiana Street, Suite 1400
City Houston State TX Zip Code 77002
County Lawrence Township(s) Mahoning
Receiving Stream(s) and Classification(s) UNT to Mar-
shall RunESCGP-2 #ESX10-083-0026—MROC Pad B Renewal
Applicant Triana Energy, LLC
Contact Walter Showen
Address 900 Virginia Street East
City Charleston State WV Zip Code 25301
County McKean Township(s) Bradford
Receiving Stream(s) and Classification(s) UNT to Minard
Run & Minard Run EVESCGP-2 # ESG15-019-0025—Graham Header to Gray Pipeline Project
Applicant Stonehenge Appalachia, LLC
Contact Patrick Redalen
Address 11400 Westmoor Circle, Suite 325
City Westminster State CO Zip Code 80021-2738
County Butler Township(s) Connoquenessing, Butler and
Center
Receiving Stream(s) and Classification(s) UNT to Yellow
Creek, UNT to Little Connoquenessing Creek, Little
Connoquenessing Creek, UNT to Crab Run, Crab Run,
Crooked Run CWFEastern Region: Oil & Gas Management Program Manager, 208 West Third Street, Williamsport, PA 17701
ESCGP-2 # ESX10-035-0003(01)
Applicant Name Anadarko E&P Onshore, LLC
Contact Person Rane Wilson
Address 33 West Third St., Suite 200
City, State, Zip Williamsport, PA 17701
County Clinton
Township(s) Noyes Twp
Receiving Stream(s) and Classification(s) UNT Boggs
Hollow (EV), UNT Benjamin Run (Sled Road Hollow)
(HQ-CWF)
Secondary—Boggs Hollow (EV), Benjamin Run
(HQ-CWF)ESCGP-2 # ESX29-115-15-0033
Applicant Name Williams Field Services Company, LLC
Contact Person Matthew Anderson
Address 310 State Route 29 North
City, State, Zip Tunkhannock, PA 18657-7845
County Susquehanna
Township(s) Harford Twp
Receiving Stream(s) and Classification(s) East Branch
Martin's Creek (CWF)
Secondary—Martin's Creek (CWF)ESCGP-2 # ESX29-115-15-0032
Applicant Name Williams Field Services Company, LLC
Contact Person Chad Johnson
Address 310 State Route 29 North
City, State, Zip Tunkhannock, PA 18657
County Susquehanna
Township(s) Lathrop Twp
Receiving Stream(s) and Classification(s) UNT to Horton
Creek #4922 (CWF), UNT to Martins Creek #87825
(CWF)Southwest Region: Oil & Gas Program Mgr., 400 Waterfront Dr., Pittsburgh, PA
ESCGP-2 No: ESX15-007-0002
Applicant Name: PennEnergy Resources LLC
Contact Person Gregg A Stewart
Address: 1000 Commerce Drive Park Place One Suite 100
City: Pittsburgh State: PA Zip Code: 15275
County: Beaver Township: New Sewickley
Receiving Stream(s) and Classifications: UNT to Brush
Creek/Slippery Rock Creek; Other WWFESCGP-2 No.: ESG14-125-0081
Applicant Name: Range Resources Appalachia LLC
Contact Person: Glenn D Truzzi
Address: 3000 Town Center Boulevard
City: Canonsburg State: PA Zip Code: 15317
County: Washington Township(s): Buffalo
Receiving Stream(s) and Classifications: UNT to Buffalo
Creek/Wheeling—Buffalo Creeks; HQESCGP-2 No.: ESX15-125-0036
Applicant Name: MarkWest Liberty Midstream &
Resources LLC
Contact Person: Rick Lowry
Address: 4600 J Barry Court Suite 500
City: Canonsburg State: PA Zip Code: 15317
County: Washington Township(s): Smith, Robinson
Receiving Stream(s) and Classifications: UNTs to Little
Raccoon Run, Little Raccoon Run, Raccoon Creek;
Secondary Receiving Water Little Raccoon Run, Rac-
coon Creek, Ohio RiverESCGP-2 No.: ESG14-005-0017
Applicant Name: Apex Energy LLC
Contact Person: Ed Long
Address: 6041 Wallace Road Extension Suite 100
City: Wexford State: PA Zip Code: 15090
County: Armstrong Township(s): East Franklin and
Sugarcreek
Receiving Stream(s) and Classifications: UNT Long Run
(Western Drainage); Long Run (Eastern Drainage);
Patterson Creek Watershed; HQ; Other Trout Stocked
Fishery
SPECIAL NOTICES
Intent to Issue Plan Approval—IPAOP Philadelphia: Air Management Services, 321 University Avenue, Philadelphia, PA 19104-4543, Contact: Edward Wiener, Chief, Source Registration at 215-685-9426.
AMS 15095: Cancer Treatment Center of America (1331 E Wyoming Ave., Philadelphia, PA 19124) for installing one (1) 1,100 KWs Electric Co-Generation, Combined Heat and Power system (CHP) that burns natural gas. There will be a potential emission increase of eight 12 tons of Nitrogen Oxides (NOx) per year for the facility. The plan approval will contain operating, monitoring and recordkeeping requirements to ensure operation within all applicable requirements.
Drinking Water State Revolving Fund Special Notice
Special Notice Under the Federal Safe Drinking Water Act (SDWA) (42 U.S.C.A. §§ 300f, et. seq.)
Categorical Exclusion Southwest Region: Water Supply Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745
Authority of the Borough of Charleroi, 3 McKean Avenue, PO Box 211, Charleroi, PA 15022
Location: Washington, PA.
Description: The Pennsylvania Infrastructure Investment Authority, which administers the Commonwealth's State Revolving Fund, is intended to be the funding source for this project. The Authority of the Borough of Charleroi proposes to the redesign of GE/Zenon membrane filters and associated modifications with water treatment plant. The Department's review of the project and the information received has not identified any significant, adverse environmental impact resulting from this proposal. The Department hereby categorically excludes this project from the State Environmental Review Process.
Consent Order and Agreement York County Solid Waste and Refuse Authority, 2700 Blackbridge Road, York, PA 17406
York County Sanitary Landfill; NPDES Permit No. PA 0081744; Hopewell Township, York County
This Consent Order and Agreement (''COA'') is entered into this 21st day of August, 2015, by and between the Commonwealth of Pennsylvania, Department of Environmental Protection (''Department''), and York County Solid Waste and Refuse Authority (''YCSWRA'').
Findings
The Department has found and determined the following:
A. The Department is the agency with the duty and authority to administer and enforce the Pennsylvania Clean Streams Law, the Act of June 22, 1937, P. L. 1987, as amended, 35 P. S. § 691.1 et seq. (''The Clean Streams Law''); The Solid Waste Management Act, Act of July 7, 1980, P. L. 380, No. 97, as amended, 35 P. S. §§ 6018.101 et seq. (''SWMA''); Section 1917-A of the Administrative Code of 1929, Act of April 9, 1929, P. L. 177, as amended, 71 P. S. § 510-17 (''Administrative Code''); and the rules and regulations promulgated thereunder, and with the delegated authority to administer a permit program, the National Pollutant Discharge Elimination System (''NPDES''), under Section 402 of the Federal Clean Water Act, 33 U.S.C. § 1342.
B. YCSWRA, also known as York County Solid Waste Authority, owns and operates the York County Sanitary Landfill (''Landfill'') located in Hopewell Township, York County, and maintains a business address of 2700 Blackbridge Road, York, Pennsylvania 17406.
C. YCSWRA owns and operates a pump and treat air stripping system for the purposes of treating contaminated groundwater from an unlined portion of the Landfill. The pump and treat air stripping system is comprised of three air stripping towers. Air stripping towers 2 and 3 discharge treated groundwater to an Unnamed Tributary of Ebaughs Creek (''UNT Ebaughs Creek''), a Water of the Commonwealth, through Outfall 002. Air stripping tower 1 discharges treated groundwater to an Unnamed Tributary of Rambo Run (''UNT Rambo Run''), a Water of the Commonwealth, through Outfall 001.
D. The discharge of treated groundwater from the air stripping system and into UNT Ebaughs Creek and UNT Rambo Run through Outfalls 001 and 002 is authorized under the terms and conditions of NPDES Permit No. PA0081744, effective December 1, 2006, which expired November 30, 2011. YCSWRA timely applied for an NPDES renewal, which application was received by the Department on May 27, 2011, and YCSWRA's treated groundwater discharge from the air stripping system continues to be authorized under NPDES Permit No. PA0081744 by virtue of its timely renewal application.
E. The discharges of treated groundwater are to the headwaters of UNT Ebaughs Creek and UNT Rambo Run that have small upstream drainage areas with little or no dilution. Based upon the available data, the Department takes the position that discharges have the reasonable potential to cause or contribute to an excursion above the mercury criterion in 25 Pa. Code Section 93.8d, Table 5, and in recognition of the parties' disagreement regarding application of the 25 Pa. Code Section 93.8d, Table 5 criterion to the subject discharges, the Department has agreed to allow YCSWRA to develop a site-specific criterion for methylmercury, based on a fish tissue bioaccumulation factor (as recommended by EPA), that will be translated to a water column concentration for total mercury that is protective of human health . The study will be performed as required, including in accordance with 25 Pa. Code Section 93.8d, and will include a site-specific translator for converting the methylmercury criterion to total mercury for purposes of monitoring the discharges.
F. On November 30, 2011, the Department met with YCSWRA and informed YCSWRA that it would be required to meet the discharge limitation of 0.05 µg/l for total mercury at Outfalls 001 and 002, or complete a study to develop a site-specific water quality criterion for methylmercury.
G. On May 9, 2012 the Department collected fish (brook trout) for tissue samples at two locations in Rambo Run. The purpose of the sampling was to determine the concentration of mercury in the fish, and to further determine if there was a reasonable potential to continue with a site specific methylmercury bioaccumulation factor study. The fish tissue concentrations were 0.036 mg/kg and 0.038 mg/kg.
H. By letter dated November 1, 2012, the Department advised YCSWRA that it must choose from the following two options regarding Mercury in its discharge:
1. Meet the Human Health Criteria for Hg of 0.05 ug/L as listed in 25 Pa. Code Chapter 93 Table 5. The Department will include a schedule in the permit to allow time to meet this more stringent limit.
2. Submit a Site-Specific study for the Department's review utilizing the document titled Site-Specific Methyl Mercury Fish Tissue Based Water Quality Criterion—Quality Assurance Project Plan/BAF Determination dated February 27, 2012 provided to the Authority during the meeting on March 22, 2012. This option will be accompanied by a Consent Order and Agreement. Please note that the criteria developed utilizing this option would have to be used even if it is calculated to be more stringent than the existing Human Health Criteria.
On November 19, 2012, YCSWRA sent the Department an email stating that it ''has chosen to conduct a stream survey to determine the site specific bioaccumulation factor as presented in your letter''.
I. In a series of meetings in 2013-2014, the Department and YCSWRA met to discuss the study and related matters.
J. During the same time period, the Department requested that YCSWRA collect 6 monthly samples of methylmercury from the two NPDES outfalls. YCSWRA submitted total mercury and methylmercury analytical results for monthly samples collected between June and November 2013.
K. By letter dated February 18, 2015, the Department advised YCSWRA that it had the following two options regarding the proposed total mercury limit in NPDES Permit No. PA0081744:
1. Accept a limit based on the existing water quality criteria for total mercury (0.05 ug/l) provided in 25 Pa. Code Chapter 93.
2. Develop and conduct a study to develop a site-specific criterion for total mercury for both Rambo Run and Ebaughs Creek.
Under the second option, if YCSWRA were to conduct the study, the study would include developing a site—specific methylmercury criterion, and a site—specific translation factor, which would be used to develop effluent discharge limits for total mercury for Rambo Run and Ebaughs Creek.
The Department's letter referred to the following guidance documents: National Recommended WQ Human Health Criteria for Mercury (Draft, 12/30/2013); and Human Health Criteria-Methylmercury Fish Tissue Criterion (January 2001, EPA-823-R-01-001).
L. By email dated March 17, 2015, YCSWRA notified the Department that it ''selected to conduct a stream survey in applicable water bodies to determine a site specific criteria for total mercury for each of our treatment systems at the York County Sanitary Landfill''.
Order After full and complete negotiation of all matters set forth in this COA and upon mutual exchange of covenants contained herein, the parties desiring to avoid litigation and intending to be legally bound, it is hereby ORDERED by the Department and AGREED to by YCSWRA as follows:
1. Authority. This COA is an Order of the Department authorized and issued pursuant to Section 5 of The Clean Streams Law, 35 P. S. § 691.5; and Section 1917-A of the Administrative Code, 71 P. S. § 510.17.
2. Findings.
a. The Department and YCSWRA agree that the findings in paragraphs A through L are true and correct, and, in any matter or proceeding involving YCSWRA and the Department, YCSWRA shall not challenge the accuracy or validity of these findings.
b. The parties do not authorize any other persons to use the findings in the COA in any matter or proceeding.
3. Corrective Action.
a. Within 60 days after the execution of this COA, YCSWRA shall submit a site-specific study plan (hereafter the ''Plan'') that identifies and describes the ''methodology to be utilized to develop a site-specific methylmercury criterion and translation factor for the unnamed tributaries to Rambo Run and Ebaughs Creek'' (hereafter the ''Site-Specific Study''). The site-specific methylmercury criterion will be applied with a site-specific translation factor, to develop effluent discharge limits for total mercury for Outfall 001 and Outfall 002. The Plan shall be performed in accordance with 25 Pa. Code Section 93.8d.
b. If the Department advises YCSWRA that additional information is needed to approve the Plan, YCSWRA shall submit the information within 15 days of the date of the Department's request; however, upon written request, including a justification from YCSWRA, the Department may allow an extension for such a submittal.
c. In the event that the Department determines that the Plan as submitted by YCSWRA is deficient and notifies YCSWRA of the need for additional information, as set forth above in paragraph 3.b and YCSWRA fails to provide the Department with additional information sufficient to make the Plan approvable by December 31, 2015, the Department will amend NPDES Permit No. PA0081744 with a total mercury effluent limitation of 0.05 µg/l for Outfalls 001 and 002 as a monthly average. In the event that the Department takes the action just described, this COA terminates and YCSWRA retains the right to appeal the NPDES Permit.
d. Within 21 days following approval of the Plan by the Department, YCSWRA shall initiate implementation of the Site-Specific Study described in the Plan, unless the Department has agreed in writing to a later date, and shall commence the sampling required for the site-specific translation factor. The required sampling shall be performed at both Rambo Run and Ebaughs Creek, and shall be performed in accordance with the approved Plan.
e. For each month or portion thereof that follows YCSWRA's initiation of the Site-Specific Study, YCSWRA shall submit a report to the Department outlining major activities accomplished, results received, and findings during the applicable month. The report shall be mailed to Maria Bebenek, Manager, Clean Water Program, DEP, SCRO, 909 Elmerton Avenue, Harrisburg, PA 17110.
f. The Department will use its best efforts to provide a timely review of the monthly reports and notify YCSWRA if the Site-Specific Study is not being implemented consistent with the Plan.
g. During the implementation of the Site-Specific Study, YCSWRA may request modifications to the approved Plan. All modifications to the Plan shall be set forth in writing and approved by the Department.
h. Within 60 days after the completion of the Site-Specific Study, but no later than June 1, 2018, YCSWRA shall submit a ''complete report'' of the Site-Specific Study's results and findings for Department review (hereafter, the ''Site-Specific Study Report''), unless DEP agrees to an extension in writing. The Site-Specific Study Report shall include all raw data for fish tissue and water column, used to determine the BAF and the translation factor.
i. Upon receiving the Site-Specific Study Report, the Department will review the report to ensure that the Site-Specific Study followed the protocols in the approved Plan.
j. If the Department requires additional information to review or approve any submittal necessary to comply with this COA, YCSWRA shall submit the requested information within ten (10) calendar days of the date of the Department's notice that such information is required; however, upon written request the Department may allow an extension for such a submittal.
4. NPDES PERMIT
a. 2015 permit. Within fifteen business days of the date of signing this Consent Order and Agreement, the Department will issue a draft NPDES permit. (The draft NPDES permit is attached as Exhibit A and is incorporated by reference). The Department will include in the permit a requirement for monitoring and reporting the total mercury concentration in the effluent from Outfalls 001 and 002 on a monthly basis. As set forth in Exhibit A, the draft NPDES permit will also include a reopener clause. Following close of the public comment period, the Department will issue a final NPDES permit (hereinafter called the ''2015 permit''). If the Department issues the 2015 permit substantially in conformance with the terms of the attached Exhibit A insofar as they relate to the subject matter of this COA, YCSWRA will not challenge the permit requirements, conditions, or effluent limitations in any appeal filed with the Environmental Hearing Board or in any other administrative or judicial forum. Nothing in this paragraph shall limit YCSWRA's right to appeal any permit requirements with respect to matters other than those that are the subject matter of this COA.
b. Permit to be modified after Plan is completed. As set forth above, in paragraph 3.i, upon receiving the Site-Specific Study Report , the Department will review the report to ensure that the Site-Specific Study followed the protocols in the approved Plan.
i. If the Department determines that the Site-Specific Study followed the protocols in the approved Plan, the Department will issue a draft NPDES Permit No. PA0081744 amendment to include a permit limit for total mercury in the discharges from Outfalls 001 and 002, which shall be based on the water quality criteria that was determined as a result of the Site-Specific Study. After the close of the public comment period, the Department will issue a final NPDES Permit No. PA0081744 amendment.
ii. If following review of the Site-Specific Study Report the Department determines that the Site-Specific Study did not follow the protocols in the approved Plan, the Department will issue a draft NPDES Permit No. PA0081744 amendment to include a total mercury effluent limitation of 0.05 µg/l for Outfalls 001 and 002 as a monthly average. After the close of the public comment period, the Department will issue a final NPDES Permit No. PA0081744 amendment. In the event that the Department takes the action just described, this COA terminates and YCSWRA reserves the right to appeal the Permit amendment's total mercury effluent limitation of 0.05 µg/l for Outfalls 001 and 002 as a monthly average.
iii. If necessary, the amended NPDES Permit No. PA0081744 will include a schedule for YCSWRA to upgrade the wastewater treatment plant to comply with the final effluent limitations. The schedule will provide for the submission of an administratively and technically complete Water Quality Management Part II Permit application for the wastewater treatment plant upgrades, which shall include a schedule for required construction no longer than two years from the date of the Part II Permit issuance.
iv. If the Department determines that the Site-Specific Study followed the protocols in the approved Plan, YCSWRA will not challenge before the Environmental Hearing Board or in any other administrative or judicial forum the site-specific methylmercury water quality criteria determined pursuant to the Site-Specific Study, provided that YCSWRA's rights to challenge before the Environmental Hearing Board and in any other administrative or judicial forum the discharge limits for total mercury the Department determines for Outfalls 001 and 002 under paragraph 4.b.i of this COA are in all respects fully preserved and unaffected by this COA insofar as those discharge limits are more stringent than necessary to meet the site-specific methylmercury criteria determined pursuant to the Site-Specific Study or are otherwise inconsistent with the Site-Specific Study.
5. Stipulated Civil Penalties.
a. If YCSWRA fails to comply in a timely manner with the provisions of this COA, YCSWRA shall be in violation of this COA and, in addition to other applicable remedies, shall pay a civil penalty in the amount determined under the following schedule:
For any violation of paragraphs 3.a, 3.b, 3.d, 3.e, 3.h and 3.j, $200 per day for the first 30 days of each violation, and $500 per day for each violation extending beyond the first 30 days.
b. Stipulated civil penalty payments for any violation of paragraph 3 herein shall be payable monthly on or before the twenty-eighth day of each succeeding month, and shall be forwarded as described in paragraph 10 below.
c. Any payment under this paragraph shall neither waive YCSWRA's duty to meet its obligations under this COA, nor preclude the Department from commencing an action to compel YCSWRA's compliance with the terms and conditions of this COA. The payment resolves YCSWRA's liability only for civil penalties arising from the violation of this COA.
6. Additional Remedies.
a. If YCSWRA fails to comply with any provision of this COA, the Department may, in addition to the remedies prescribed herein, pursue any remedy available for a violation of an order of the Department, including an action to enforce this COA.
b. The remedies provided by this paragraph and paragraph 5 are cumulative and the exercise of one does not preclude the exercise of any other. The failure of the Department to pursue any remedy shall not be deemed to be a waiver of that remedy. The payment of a stipulated civil penalty, however, shall preclude any further assessment of civil penalties for the violation for which the stipulated civil penalty is paid.
c. No provision of this COA shall preclude the Department from pursuing civil penalties for past violations of NPDES permit PA 0081744, if any, or any future reported or documented violations, except those violations covered by Paragraph 5 of this COA.
7. Reservation of Rights. The Department reserves the right to require additional measures to achieve compliance with applicable laws. YCSWRA reserves the right to challenge any action which the Department may take to require those measures.
8. Liability of Operator. YCSWRA shall be liable for any violations of the COA, including those caused by, contributed to, or allowed by its officers, agents, employees or contractors. YCSWRA also shall be liable for any violation of this COA caused by, contributed to, or allowed by its successors and assigns.
9. Transfer of Site.
a. The duties and obligations under this COA shall not be modified, diminished, terminated, or otherwise altered by the transfer of any legal or equitable interest in the Landfill or any part thereof.
b. If YCSWRA intends to transfer any legal or equitable interest in the Landfill and the transferred interest is affected by this COA, YCSWRA shall serve a copy of this COA upon the prospective transferee of the legal or equitable interest at least thirty (30) days prior to the completed transfer and shall simultaneously inform the Department's Southcentral Regional Office of such intent.
c. The Department in its sole discretion may agree to modify or terminate YCSWRA's duties and obligations under this COA upon transfer of the Landfill. YCSWRA waives any right that it may have to challenge the Department's decision in this regard.
10. Correspondence with Department. All correspondence with the Department concerning this COA shall be addressed to Maria Bebenek, Clean Water Program Manager, DEP Clean Water Program, Southcentral Regional Office, 909 Elmerton Avenue, Harrisburg, PA 17110-8200, Phone: 717-705-4795, Fax: 717-705-4760.
All Civil Penalty payments required under this document shall be made by corporate check or the like, made payable to ''The Commonwealth of Pennsylvania, Clean Water Fund'', and forwarded as described above.
11. Correspondence with YCSWRA. All correspondence with YCSWRA concerning this COA shall be addressed to Mr. Dave Vollero, YCSWRA, 2700 Blackbridge Road, York, PA 17406, Phone: 717-845-1066, Fax: 717-843-1544.
YCSWRA shall notify the Department whenever there is a change in the contact person's name or address. Service of any notice or any legal process for any purpose under this COA, including its enforcement, may be made by mailing a copy by first class mail to the above address.
12. Force Majeure.
a. In the event that YCSWRA is prevented from complying in a timely manner with any time limit imposed under this COA solely because of a strike, fire, flood, act of God, or other circumstances entirely beyond YCSWRA's control and which YCSWRA, by the exercise of reasonable diligence, is unable to prevent, YCSWRA may petition the Department for an extension of time. An increase in the cost of performing the obligations set forth in this COA shall not constitute circumstances beyond YCSWRA's control. YCSWRA's economic inability to comply with any of the obligations of this COA shall not be grounds for any extension of time.
b. YCSWRA shall only be entitled to the benefits of this paragraph if it notifies the Department within five business days by telephone and within ten business days in writing of the date it becomes aware or reasonably should have become aware of the event impeding performance. The written submission shall include all necessary documentation, as well as a notarized affidavit from an authorized individual specifying the reasons for the delay, the expected duration of the delay, and the efforts which have been made and are being made by YCSWRA to mitigate the effects of the event and to minimize the length of the delay. The initial written submission may be supplemented within ten business days of its submission. YCSWRA's failure to comply with the requirements of this paragraph specifically and in a timely fashion shall render this paragraph null and of no effect as to the particular incident involved.
c. The Department will decide whether to grant all or part of the extension requested on the basis of all documentation submitted by YCSWRA and other information available to the Department. In any subsequent litigation, YCSWRA shall have the burden of proving that the Department's refusal to grant the requested extension was an abuse of discretion based upon the information then available to it.
d. This paragraph 12 does not apply to requests by YCSWRA under paragraphs 3.c, 3.f and 3.i of this COA.
13. Severability. The paragraphs of this COA shall be severable and should any part hereof be declared invalid or unenforceable, the remainder shall continue in full force and effect between the parties.
14. Entire Agreement. This COA shall constitute the entire integrated agreement of the parties. No prior or contemporaneous communications or prior drafts shall be relevant or admissible for purposes of determining the meaning or intent of any provisions herein in any litigation or any other proceeding.
15. Attorney Fees. The parties shall bear their respective attorney fees, expenses, and other costs in the prosecution or defense of this matter or any related matters arising prior to execution of this COA.
16. Modifications. No changes, additions, modifications, or amendments of this COA shall be effective unless they are set out in writing and signed by the parties hereto.
17. Titles. A title used at the beginning of any paragraph of this COA is provided solely for the purpose of identification and shall not be used to interpret that paragraph.
18. Decisions Under Consent Order. Except as provided in Paragraphs 3 and 4, any decision which the Department makes under the provisions of this COA is intended to be neither a final action under 25 Pa. Code § 1021.2, nor an adjudication under 2 Pa.C.S. § 101. Any objection which YCSWRA may have to the decision will be preserved until the Department enforces this COA.
19. Dispute Resolution.
a. YCSWRA may initiate dispute resolution under this paragraph, in response to any decision required of the Department under Paragraphs 3.c, 3.g and 4.b.ii.
b. To initiate dispute resolution, YCSWRA shall provide written notice to the Department within ten (10) days of the decision in dispute. YCSWRA shall have an additional ten days to provide the Department with a written list of objections to the decision in dispute, the relevant facts, analysis and opinions and other supporting data (''Statement of Position''). The Department shall have twenty (20) days to provide its Statement of Position.
c. Within the twenty (20) day period following receipt of the Department's Statement of Position, the Clean Water Program Manager and YCSWRA's Executive Director shall confer in an attempt to resolve the dispute. In the event the parties are unable to resolve the dispute within this period, the Statements of Position shall be provided to the Department's Southcentral Regional/Director to issue a final decision resolving the dispute.
d. During the pendency of the dispute resolution procedures set forth in Subparagraphs (b) and (c), any obligation to be performed under this Consent Order and Agreement which is the subject of such dispute and any associated activities whose performance is directly dependent upon the resolution of the dispute shall be postponed for a period of time not to exceed the actual time taken to resolve the dispute pursuant to Subparagraphs (b) and (c) or as otherwise agreed by the parties. All other obligations and activities shall be completed in accordance with the terms of this Consent Order and Agreement.
e. Any time period for dispute resolution set forth herein may be extended by written agreement of the parties.
f. For decisions which are specified as appealable to the Environmental Hearing Board under this COA, YCSWRA must either appeal the decision to the Board within thirty (30) days of its receipt, or initiate dispute resolution in the manner set forth in this paragraph and in all events before the expiration of the 30 day appeal period. If dispute resolution is initiated before the expiration of the appeal period, the effective date of the Department action that is the subject of the dispute shall be suspended until the Department makes a final decision under Subparagraph (c).
20. Termination. Except insofar as different termination dates arise under paragraphs 3.c and 4.b.ii, YCSWRA's obligations under this COA shall terminate when YCSWRA has completed the actions required in paragraph 3 and has paid the stipulated penalties, if any, due under paragraph 5.
In Witness Whereof, the parties hereto have caused this Consent Order and Agreement to be executed by their duly authorized representatives. The undersigned representatives of YCSWRA certify under penalty of law, as provided by 18 Pa.C.S. § 4904, that they are authorized to execute this Consent Order and Agreement on behalf of YCSWRA, that YCSWRA consents to the entry of this Consent Order and Agreement as a final ORDER of the Department; and that YCSWRA hereby knowingly waives its right to appeal this Consent Order and Agreement and to challenge its content or validity, which rights may be available under Section 4 of the Environmental Hearing Board Act, Act of July 13, 1988, P. L. 530, 35 P. S. § 7514; the Administrative Agency Law, 2 Pa.C.S. § 103(a) and Chapters 5A and 7A; or any other provisions of law.
For York County Solid Waste
and Refuse Authority:For The Commonwealth of
Pennsylvania, Department of
Environmental Protection:Name: David E. Vollero
Title: Executive DirectorDate 8/21/15 Maria Bebenek, P.E.
Program Manager
Clean Water ProgramDate 8/21/15 Name: Robert M Strielker
Title: Attorney for YCSWRADate 8/21/15 Beth Liss Shuman
Assistant CounselDate 8/21/15
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