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PA Bulletin, Doc. No. 97-519


Consent Decree; Noncoal Mining and Water Quality; DEP v. Hanley Brick Inc., 277 M. D. 1997

[27 Pa.B. 1698]

   On March 20, 1997 the Department of Environmental Protection (Department) filed a Complaint (In The Nature Of An Amicable Action In Equity) against Hanley Brick Inc. (Hanley Brick) in The Commonwealth Court for failure to treat a discharge of water from a clay mine (4A Mine) located in Clover Township, Jefferson County as required by The Clean Streams Law and NPDES Permit No. 0001741. The Department and Hanley Brick also executed a Consent Decree which resolves the remedy for the violations described in the Complaint. The Consent Decree was filed with the Commonwealth Court on March 20, 1997. The major findings and provisions of the Consent Decree include:

   1.  Hanley Brick has ceased treating the discharge of water from its 4A Valley Mine into the Redbank Creek watershed.

   2.  Resuming treatment of the 4A Mine discharge is not likely to have a beneficial effect on water quality or aquatic life in the receiving streams or the Redbank Creek watershed.

   3.  Hanley Brick is not actively engaged in any business and has only finite resources.

   4.  Other projects have been identified which have a strong potential for improving the water quality and aquatic life in the Redbank Creek watershed on a long term basis. These projects include improvements and reclamation of the 4A Valley, and various projects on Beaver Run and its tributaries.

   5.  Hanley Brick has committed all of its remaining assets, save for funds which are required by law to meet financial obligations to former employees and administrative expenses (Remaining Assets), to implementing projects which are likely to improve the water quality and aquatic life in the Redbank Creek watershed. The amount of the Remaining Assets is $2,400,000.

   6.  Together with the Department Hanley Brick shall develop and implement a project to address discharges in the 4A Valley and perform reclamation in the 4A Valley (4A Valley Project) and projects to improve the water quality and aquatic life in Beaver Run, a stream in the Redbank Creek watershed.

   7.  Hanley Brick's obligation to implement these projects shall continue for approximately 24 months from the Court's entry of the Consent Decree.

   8.  Hanley Brick shall establish a Trust and fund it with the balance of the Remaining Assets. The Trust shall use the funds to undertake and fund projects in the Redbank Creek watershed which are likely to result in long term improvement to water quality and aquatic life, are likely to improve the recreational, aesthetic and other uses of Redbank Creek and are designed to require minimal maintenance. The Trust shall also complete the 4A Valley and Beaver Run Projects, if Hanley Brick has not completed them, and provide for the maintenance of those projects.

   9.  Hanley Brick, its officers and related entities, are barred from ever conducting coal or noncoal mining activities in the United States.

   10.  NPDES Permit No. 0001741 shall be revoked.

   11.  So long as Hanley Brick complies with its obligations under the Consent Decree the Department shall not compel Hanley Brick to resume treatment of the 4A Discharge, or impose any additional obligation or penalty on Hanley Brick which relates to the 4A Discharge.

   Copies of the Consent Decree are in the possession of:

   For the Department of Environmental Protection: Michael J. Heilman, Assistant Counsel, Department of Environmental Protection, Office of Chief Counsel, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, (412) 442-4262; and

   For Hanley Brick Inc.: Hershel J. Richman, Esquire, Dechert Price and Rhodes, 4000 Bell Atlantic Tower, 1717 Arch Street, Philadelphia, PA 19103-2793, (215) 994-2571.

   The parties have asked The Commonwealth Court to enter the Consent Decree 35 days after publication of this notice in the Pennsylvania Bulletin. Any comments concerning the Consent Decree should be filed with the Pennsylvania Commonwealth Court in accordance with the Court's procedures, and copies should be sent to the representatives of the Department of Environmental Protection and Hanley Brick identified above. Copies of the Consent Decree may be obtained from the representatives of the Department of Environmental Protection and Hanley Brick identified above.


[Pa.B. Doc. No. 97-519. Filed for public inspection April 4, 1997, 9:00 a.m.]

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