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PA Bulletin, Doc. No. 08-1109

NOTICES

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

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

West Penn Power Company v. Department of Environmental Protection, EHB Docket No. 2006-227-L

   This matter involved the appeal of the National Pollutant Discharge Elimination System Permit No. PA0091740 (NPDES Permit) issued by the Commonwealth of Pennsylvania, Department of Environmental Protection (Department) to West Penn Power Company (West Penn) to discharge, under certain conditions, landfill leachate from Outfalls 001 and 002 into Riddle Run and Tawney Run, respectively.

   The Department's final action to resolve this NPDES Permit appeal was a settlement as reflected by a March 28, 2008, Consent Order and Agreement (Agreement) entered into by the Department and West Penn. The major provisions of the settlement require West Penn to submit to the Department plans to evaluate treatment technologies, to conduct a toxics reduction evaluation and to submit a plan to minimize and eliminate overflows from a sump at the facility. In addition, West Penn agreed to withdraw its appeal before the Environmental Hearing Board (Board).

   Copies of the full agreement are in the possession 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 Donald C. Bluedorn, II, Esquire, Babst Calland Clements and Zomnir, PC, Two Gateway Center, 603 Stanwix Street, Suite 8W, Pittsburgh, PA 15222, (412) 394-5450 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. 08-1109. Filed for public inspection June 13, 2008, 9:00 a.m.]


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