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PA Bulletin, Doc. No. 21-810

NOTICES

DEPARTMENT OF
ENVIRONMENTAL PROTECTION

PA Clean Streams Law, the Dam Safety and Encroachments Act, and the Oil and Gas Act Public Notice of Settlement via Federal Consent Decree

[51 Pa.B. 2881]
[Saturday, May 22, 2021]

 The Department of Environmental Protection (Department), under the authority of the PA Clean Streams Law (CSL), the Dam Safety and Encroachments Act (DSEA) and the Oil and Gas Act (OGA), has entered into a federal Consent Decree (CD) along with the United States Department of Justice (DOJ) on behalf of the United States Environmental Protection Agency (EPA) (Plaintiffs collectively ''the Agencies'') with Defendant Chesapeake Appalachia, LLC (CALLC).

 The Department is providing notice of this settlement as a courtesy to inform the public. The CD was lodged in Federal court in Williamsport for court approval on March 24, 2021 and was subject to a 30-day public comment period from the date of notice in the Federal Register. The CD was noticed in the Federal Register on March 30, 2021 and can be found at 86 FR 16641 (March 30, 2021). The CD is available at www.justice.gov/enrd/Consent_Decrees.html.

 A press release about this settlement can be found on the Department's web site at www.ahs.dep.pa.gov/NewsRoomPublic/articleviewer.aspx?id=21935&typeid=1.

 This CD serves to resolve violations caused by the construction and operation of oil and gas activities, including unauthorized encroachments, water obstructions, earth disturbance and stormwater management activities in violation of Sections 401, 402 and 611 of the CSL, 35 P.S. §§ 691.401, 691.402 and 691.611, Sections 6, 13 and 18 of the DSEA, 32 P.S. §§ 693.6, 693.13 and 693.18, and Section 3259 of the OGA, 58 Pa.C.S. §§ 3259(2)(i) and (ii) and the rules and regulations thereunder. The 76 sites are located in Beaver, Bradford, Sullivan, Susquehanna and Wyoming Counties. The total disclosure of unauthorized impacts to waters of this Commonwealth include 2,326 linear feet of streams and 25.778 acres of wetlands. The CD includes a civil penalty payment of $1.9 million dollars, of which Pennsylvania will receive 50%. The CD also provides a path for returning the sites to compliance under Pennsylvania law by addressing impacts through restoration where permits would not have been authorized and proper permitting of allowable impacts, and will include additional mitigation through stream restoration and enhancement as well as wetland replacement, restoration and enhancement. The CD requires CALLC to submit permit applications for certain unauthorized water obstructions and encroachments and earth disturbance activities.

PATRICK McDONNELL, 
Secretary

[Pa.B. Doc. No. 21-810. Filed for public inspection May 21, 2021, 9:00 a.m.]


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