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PA Bulletin, Doc. No. 03-1276

NOTICES

ENVIRONMENTAL HEARING BOARD

Citizens for Pennsylvania's Future (PennFuture), Appellant v. DEP and Graymont (PA), Inc., Permittee, Appellees; EHB Doc. No. 2002-149-C

[33 Pa.B. 3090]

   The Department of Environmental Protection (Department), Citizens for Pennsylvania's Future and Graymont (PA), Inc. have agreed to a settlement of the previously captioned matter. The subject of this appeal is the Department's issuance on May 1, 2002, of National Pollutant Discharge Elimination System (NPDES) Permit No. PA0207217 and Noncoal Surface Mining Permit (SMP) No. 14920304 to Graymont for an underground noncoal mine in Benner and Patton Townships, Centre County. Specifically, the appeal relates to the NPDES permit which is ''Part A'' of the noncoal SMP.

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

   1.  Revocation by the Department of the NPDES permit and Special Condition No. 4(c) of the noncoal SMP within 40 days of the Board's approval of the Consent Adjudication. In addition, the Department will require public notice of the reinstated application for the NPDES permit and provide for public participation concerning that application. Publication will include a newspaper of general circulation in the vicinity of the discharge as well as in the Pennsylvania Bulletin and notice to the relevant municipalities and agencies. The public notice and public participation requirements will also cover proposed permit conditions concerning the rate or volume of the discharge into Buffalo Run and the initial submission of the blasting module (Module 16.1-16.5) of the application for the SMP.

   2.  Graymont will publish public notice of the NPDES application in a newspaper of general circulation in the vicinity of the discharge; submit to the Department for initial consideration the blasting module (Module 16.1-16.5) of the SMP application, publish public notice of the initial submission of Module 16.1-16.5 in a newspaper of general circulation and make a copy of the new or reinstated portions of the permit application available at a public office approved by the Department. Graymont will not appeal the Department's actions described in (1), but retains all rights to appeal the Department's final actions regarding Graymont's reinstated application for the NPDES permit, any special condition concerning the rate or volume of the discharge or the blasting module (Module 16.1-16.5) of the SMP application.

   3.  Citizens for Pennsylvania's Future will not appeal any portion of the SMP that is not revoked by the Department. It also retains the right to appeal the Department's final actions on the new or reinstated portions of the permit application noted.

   Copies of the entire agreement are in the hands of Thomas M. Crowley, Assistant Counsel, Department of Environmental Protection, Southcentral Regional Counsel, 909 Elmerton Avenue, 3rd Floor, Harrisburg, PA 17110, (717) 787-8790; Joel R. Burcat, Esquire, Saul Ewing, LLP, Penn National Insurance Tower, 2 North Second Street, 7th Floor, Harrisburg, PA 17101-1604, (717) 257-7506; and Kurt J. Weist, Esquire, Senior Attorney, Citizens for Pennsylvania's Future, 610 North Third Street, Harrisburg, PA 17101-1113, (717) 214-7920.

   The Consent Adjudication is also available at the office of the Environmental Hearing Board and may be reviewed by interested parties on request during normal business hours. Public comments will be received for 30 days from the date of this notice. A copy of any comments should be sent to each of the parties at the previous addresses.

MICHAEL L. KRANCER,   
Chairperson

[Pa.B. Doc. No. 03-1276. Filed for public inspection June 27, 2003, 9:00 a.m.]


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