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PA Bulletin, Doc. No. 96-1682

NOTICES

ENVIRONMENTAL
HEARING BOARD

Coudersport Borough v. DEP; EHB Doc. No. 96-111-C

[26 Pa.B. 4809]

Order

   And Now, this 20th day of September, 1996, upon receipt of the Department of Environmental Protection's letter of September 17, 1996, informing the Board that the parties have agreed to settlement of the above appeal, and with the expectation that the Notice of Settlement will be published in accordance with the requirements of 25 Pa. Code § 1021.120, it is ordered that:

   1.  The settlement is approved by the Board.

   2.  The above appeal is dismissed, subject to reinstatement if it should turn out that an appeal of the settlement has been timely filed in accordance with the provisions of 25 Pa. Code § 1021.120(b).

   The Department of Environmental Protection (Department) and Coudersport Borough (Coudersport) have agreed to a settlement of the above matter. Coudersport operates a water system that has approximately 1,037 service connections in Coudersport, Potter County, Pennsylvania. Currently four water sources serve the community, specifically, North Spring, North Well, East Spring and East Well. On May 16, 1994, the Department sent a letter to Coudersport advising Coudersport that its sources had to be evaluated to determine if any of its sources were under the direct influence of surface water. On April 26, 1996, the Department sent a letter to Coudersport stating that based on the testing that was performed, the Department determined that East Spring and North Spring were determined to be influenced by surface water. On May 23, 1996, Coudersport timely appealed the April 26, 1996 letter.

   The Department and Coudersport have agreed to a settlement, the major provisions of which include:

   1.  Coudersport can continue to use North Spring, and will perform 6 months of testing from April, 1997, through October, 1997, to again evaluate whether the spring is under the direct influence of surface water. If the results are substantially similar or better as those that were previously obtained that led to the issuance of the April 26, 1996 letter, then the Department will take no further action and impose no requirements upon Coudersport. If the results show a worsening or degradation in the water quality, then the Department may take such action as it deems appropriate.

   2.  Within 45 days from the date that the Consent Adjudication is approved by the Environmental Hearing Board, Coudersport will disconnect from East Spring and no longer use it as a source of water for Coudersport unless and until Coudersport complies with the Safe Drinking Water Act.

   Copies of the full agreement are in the possession of:

   Amy Ershler, Assistant Counsel, Department of Environmental Protection, Northcentral Region Office of Chief Counsel, 208 West Third Street, Suite 101, Williamsport, PA 17701-6448, (717) 321-6568;

   Daniel F. Glassmire, Esquire, Glassmire & Shaffer Law Offices, P.C., 5 East Third Street, P. O. Box 509, Coudersport, PA 16915, (814) 274-7292;

and at the office of the Environmental Hearing Board, and may be reviewed by any interested party on request during normal business hours.

   Persons who are 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. If information concerning this Notice is required in an alternative form, contact the Secretary to the Board at (717) 787-3483. TDD users may contact the Board through the Pennsylvania Relay Service at 1 (800) 654-5984.

   Appeals must be filed within 20 days of this publication.

   The Environmental Hearing Board is empowered to approve this settlement which becomes final if no objection is timely made.

GEORGE J. MILLER,   
Chairperson

[Pa.B. Doc. No. 96-1682. Filed for public inspection October 4, 1996, 9:00 a.m.]


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