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PA Bulletin, Doc. No. 09-990


Blythe Township v. Commonwealth of Pennsylvania, Department of Environmental Protection and the Borough of St. Clair; EHB Doc. No. 2008-165-L; Notice of Settlement

[39 Pa.B. 2748]
[Saturday, May 30, 2009]

   The Commonwealth of Pennsylvania, Department of Environmental Protection (Department) and Blythe Township (Township) have agreed to a settlement of the named matter. The Commonwealth denied, by letter dated April 11, 2008, Township's application for a waste management permit (No. 101679) for a construction and demolition waste disposal and recycling facility in Blythe Township, Schuylkill County.

   The Department and the Township have agreed to a settlement, the major provisions of which are summarized as follows and includes:

   1.  The Department acknowledges that the concerns raised in its April 11, 2008, letter have been sufficiently addressed to allow the Department to complete its review and issue a written decision on the Phase I, Environmental Assessment Process (EAP) ''harms/benefit'' review to Township under 25 Pa. Code §§ 271.126 and 271.127 (relating to requirement for environmental assessment; and environmental assessment.

   2.  The Township will comply with 25 Pa. Code § 271.211 (relating to term of permits) by accepting a permit condition with a 10-year permit term with an average daily volume of 1,500 tons per day.

   3.  The Township will continue to pursue a direct stream discharge and an NPDES permit with respect to the management of leachate at the site. The Township has agreed to submit a Part II water quality management permit application to the Department and obtain an NPDES permit and Part II water quality management permit in coordination with the solid waste management permit.

   4.  The Township submitted an air quality plan approval for an active gas system to the Department on December 10, 2007, which, in part, includes the collection of landfill gas and its destruction by flare. The Township will install the gas collection system as operations occur and has committed to take a number of specific measures for dealing with odors and other emissions as necessary. The Township also will provide site-specific meteorological data and will submit information to address the scope of the soil/rock/borrow material processing operations at the facility.

   5.  The Township has submitted information to evaluate the potential for mine subsidence damage to the facility. The Township has committed to perform any necessary mitigation to the underground mine conditions to reduce the potential for mine subsidence impact to the site prior to the construction of Cell 4, should a waste management permit be issued to the Township.

   6.  The Township has committed to take measures to mitigate potential harm to identified impacts to the ridgetop dwarf tree forest and fossil plants in the project area. The Township has confirmed that municipal and municipal authority uses are authorized on the project area under the Township Zoning Code.

   7.  The Department will complete its EAP review and issue a written decision on the EAP review within 60 days from the date of publication of this settlement in the Pennsylvania Bulletin, but no later than July 30, 2009.

   8.  The settlement will be published in the Pennsylvania Bulletin and open for public comment for 30 days. Comments may be submitted to:  Waste Program Manager, Department of Environmental Protection, 2 Public Square, Wilkes-Barre, PA 18711-0790.

   9.  The Environmental Hearing Board (Board) will retain jurisdiction over the settlement agreement until the Department renders a final action on the Township's waste management application, No. 101679.

Copies of the full agreement are in the hands of:

David R. Stull, Esquire
Assistant Regional Counsel
Commonwealth of Pennsylvania
Department of Environmental Protection
Northeast Regional Office
2 Public Square
Wilkes-Barre, PA 18711-0790
(570) 826-2519


David J. Brooman, Esquire
Drinker Biddle & Reath LLP
1000 Westlakes Drive
Suite 300
Berwyn, PA 19312
(610) 993-2210

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


[Pa.B. Doc. No. 09-990. Filed for public inspection May 29, 2009, 9:00 a.m.]

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