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PA Bulletin, Doc. No. 97-1960

NOTICES

ENVIRONMENTAL
HEARING BOARD

Borough of Somerset v. DEP; Doc. No. 96-270-MR

[27 Pa.B. 6382]

   The Department of Environmental Protection (Department) and Borough of Somerset (Somerset) have agreed to a settlement of the above matter.

   Somerset owns and operates a publicly owned water treatment works known as the Main Sewage Treatment Plant (Plant) in Somerset Township, Somerset County. On or about November 18, 1996, the Department issued NPDES Permit No. PA0021768 (NPDES Permit) to Somerset authorizing the discharge of treated sewage from the Plant to the East Branch of Coxes Creek. The NPDES Permit imposed water quality based effluent limitations (WQBELs) for total iron and, beginning the 37th month of the NPDES Permit, imposed WQBELs for Total Residual Chlorine (TRC).

   Somerset appealed the issuance of the NPDES Permit to the Environmental Hearing Board challenging, inter alia, the imposition of WQBELs for total iron and TRC.

   The parties have agreed to a settlement, the major provisions of which include:

   1.  The Department will amend the effluent limitations for total iron in the NPDES Permit. The draft NPDES Permit Amendment is attached to the Consent Order and Adjudication as Exhibit A, a copy of which may be obtained from either attorney listed.

   2.  Somerset shall submit to the Department results of an extensive sampling study identifying the source of total iron in the Somerset sewage facilities. The study shall also recommend how to remove and/or reduce the total iron discharging from the Plant.

   3.  In addition, Somerset shall submit to the Department results of a site specific study for TRC (TRC Study).

   4.  Upon receipt of the TRC Study, the Department shall re-evaluate the WQBELs for TRC currently set forth in the NPDES Permit.

   5.  In any future appeal of the Department's re-evaluation of the WQBELs for TRC, Somerset shall not challenge the validity of the formulas used by the Department to calculate the WQBELs. Somerset, however, may challenge the data input for the variables of those formulas.

   6.  Upon approval by the Board, the Consent Order and Adjudication shall terminate the appeal with prejudice.

   7.  The parties agree to bear their respective attorneys' fees, expenses and costs associated with this matter.

   Copies of the full agreement are in the possession of: Bruce M. Herschlag, Assistant Counsel, Department of Environmental Protection, Office of Chief Counsel, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, (412) 442-4262;

   John J. Dirienzo, Jr., Esq., Fike, Cascio & Boose, 124 North Center Avenue, P. O. Box 431, Somerset, PA 15501-0431, (814) 445-7948;

and at the offices of the Environmental Hearing Board and may be reviewed by an interested person on request during normal business hours.

   Persons believing themselves aggrieved by the above settlement have a right to appeal to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, PA 17105-8457. Appeals must be filed within 20 days of this publication.

   If information concerning this notice is required in an alternative form, contact the Secretary to the Board at (717) 787-3483. TDD users may telephone the Board through the AT&T Pennsylvania Relay Center at (800) 654-5984.

   The Environmental Hearing Board is empowered to approve this settlement if no objection is timely filed with the Board.

GEORGE J. MILLER,   
Chairperson

[Pa.B. Doc. No. 97-1960. Filed for public inspection December 5, 1997, 9:00 a.m.]


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