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PA Bulletin, Doc. No. 96-2110

NOTICES

ENVIRONMENTAL HEARING BOARD

Superior Tube Company v. DEP; EHB Doc. No. 95-115-MR

[26 Pa.B. 6034]

   The Department of Environmental Protection (Department), and Superior Tube Company (Superior Tube) have agreed to a settlement of the appeal at the above-referenced docket.

   Superior Tube owns and operates a manufacturing facility located at 3900 Germantown Pike, Evansburg, PA 19426-0159 in Lower Providence Township, Montgomery County (Facility). On May 6, 1995, the Department issued National Pollutant Discharge Elimination System (NPDES) Permit No. PA0011851 (Permit) to Superior Tube authorizing, effective June 1, 1995, the discharge from the Facility of treated effluent and stormwater in accordance with the limitations and requirements set forth in the Permit. Superior Tube filed a timely appeal from the Department's issuance of the Permit.

   The parties have agreed to a settlement of the appeal in accordance with the following terms:

   (1)  Superior Tube has agreed to relocation of Outfalls 001, 002 and 004 to a single outfall to the Perkiomen Creek and to a schedule for the permitting and construction of the relocated outfall which is set forth in detail in the settlement agreement.

   (2)  The Department has agreed to issue a draft amendment to the Permit (Amendment No. 1) which proposes the following changes to the Permit:

   a.  removing certain fourth year effluent limitations in the permit for outfalls 001, 002 and 004 as follows:

001002004
FluorideTrichloroethyleneTrichloroethylene
Cadmium
Copper
Lead
Nickel
Silver
Zinc
Trichloroethylene

   b.  deleting the requirements in the Permit to conduct a Toxics Reduction Evaluation;

   c.  a schedule for submission by Superior Tube of an application to amend the Part I NPDES permit to allow relocation of Outfalls 001, 002 and 004 to the Perkiomen Creek and for construction and completion of the relocated outfall.

   (3)  Superior Tube agrees not to appeal the final issuance of Amendment No. 1 to the Permit so long as such amendment contains the same, or less stringent, terms and conditions as those set forth in the settlement agreement.

   (4)  The parties recognize that Superior Tube shall have the right to appeal the Department's action on the permit application submitted for relocation of the outfalls and that Superior Tube shall not be precluded from raising in any such appeal any objection raised in the Notice of Appeal at this docket.

   (5)  The parties recognize that the Department may amend the Permit to include additional effluent limitations or conditions necessary to protect water quality at the existing outfalls. Superior Tube shall have the right to appeal any such amendment and Superior Tube shall not be precluded from raising in any such appeal any objection raised in the Notice of Appeal at this docket.

   Copies of the full agreement are in the hands of:

   Scott D. Patterson, Esquire, Saul, Ewing, Remick & Saul, 1055 Westlakes Drive, Suite 150, Westlakes Corporate Center, Berwyn, PA 19312, Telephone: (610) 251-5089;

   Martha E. Blasberg or Mary Y. Peck, Assistant Counsel, Department of Environmental Protection, Office of Chief Counsel--Southeast Region, Lee Park--555 E. North Lane--Suite 6015, Conshohocken, PA 19428-2233, Telephone: (610) 832-6313;

and at the office of the Environmental Hearing Board and may be reviewed by any interested party on request during normal business hours.

   Persons who are aggrieved by the above settlement have a right to appeal to the Environmental Hearing Board, 2nd Floor, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, PA 17105-8457.

   Appeals shall be filed within 20 days of this publication.

   The Environmental Hearing Board is empowered to approve this settlement which becomes final if no objection is timely made.

GEORGE F. MILLER,   
Chairperson

[Pa.B. Doc. No. 96-2110. Filed for public inspection December 13, 1996, 9:00 a.m.]


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