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PA Bulletin, Doc. No. 08-1108

NOTICES

Settlement of NPDES Permit Appeal under 25 Pa. Code § 92.61(g)

[38 Pa.B. 3325]
[Saturday, June 14, 2008]

Flexsys America, LP v. Department of Environmental Protection; EHB Docket No. 2006-102-R

   This matter involved the appeal of the National Pollutant Discharge Elimination System Permit No. PA0022004 (NPDES Permit) issued by the Commonwealth of Pennsylvania, Department of Environmental Protection (Department) to Flexsys America, LP (Flexsys) to discharge industrial waste, storm water and abandoned mine drainage to Pigeon Creek and Taylor's Run.

   The Department's final action to resolve this NPDES Permit appeal was a settlement as reflected by a March 12, 2008, Consent Order and Agreement (Agreement) entered into by the Department and Flexsys. The major provisions of the settlement require Flexsys to conduct a comprehensive investigation to demonstrate that it is not discharging abandoned mine drainage from Outfall S03, but uncontaminated groundwater. Upon the conclusion of this investigation, Flexsys will submit to the Department an NPDES Permit Amendment Application, which correctly identifies the sources of water being discharged from Outfall S03. The Department will take an action on such application. In addition, Flexsys agreed to withdraw its appeal before the Environmental Hearing Board (Board).

   Copies of the full agreement are in the possession of Bruce M. Herschlag, Assistant Regional Counsel, Commonwealth of Pennsylvania, Department of Environmental Protection, Office of Chief Counsel, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, (412) 442-4262 and John W. Carroll, Esquire, Pepper Hamilton LLP, 100 Market Street, Suite 210, P. O. Box 1181, Harrisburg, PA 17108-1181, (717) 255-1155 and may be reviewed by any interested person on request during normal business hours.

   Persons believing to be aggrieved by this Agreement 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 by July 14, 2008.

   If information concerning this notice is required in an alternative form, contact the Secretary to the Board at (717) 783-3483. TDD users may contact the Board through the AT&T Pennsylvania Relay Service at (800) 654-5984.

KATHLEEN A. MCGINTY,   
Secretary

[Pa.B. Doc. No. 08-1108. Filed for public inspection June 13, 2008, 9:00 a.m.]


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