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PA Bulletin, Doc. No. 97-1961

NOTICES

Elliott Turbomachinery Co., Inc. v. DEP; Doc. No. 97-157-MR

[27 Pa.B. 6383]

   The Department of Environmental Protection (Department) and Elliott Turbomachinery Co., Inc. (Elliott) have agreed to a settlement of the above matter.

   On or about June 25, 1997, the Department issued to Elliott a National Pollutant Discharge Elimination System Permit PA095176 (NPDES Permit) authorizing discharges from Elliott's facility in Jeanette, Westmoreland County to an unnamed tributary of Brush Creek, a water of the Commonwealth. Elliott timely appealed the Department's issuance of the NPDES Permit. During settlement negotiations, Elliott provided the Department additional data relating to the imposition of effluent limitations for water quality based parameters in the NPDES Permit. In addition, the parties discussed methods to reduce the concentration of oil and grease from Outfall 003 at the facility.

   The parties have agreed to a settlement, the major provisions of which include:

   1.  The Department will amend the effluent limitations of the water quality based parameters in the NPDES Permit. The draft NPDES Permit Amendment is attached to the Consent Order and Adjudication as Exhibit A, a copy of which may be obtained from either attorney listed.

   2.  Elliott shall immediately investigate process changes, operational modifications or the installation of treatment facilities for oil and grease at Outfall 003, and shall timely implement the recommendations of the investigation.

   3.  Upon approval by the Board, the Consent Order and Adjudication shall terminate the appeal with prejudice.

   4.  The parties agree to bear their respective attorneys' fees, expenses and costs associated with this matter.

   Copies of the full agreement are in the possession of: Bruce M. Herschlag, Assistant Counsel, Department of Environmental Protection, Office of Chief Counsel, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, (412) 442-4262;

   Donald C. Bluedorn, II, Esq., Babst, Calland, Clements & Zomnir, Two Gateway Center, Eighth Floor, Pittsburgh, PA 15222, (412) 394-5400;

and at the offices of the Environmental Hearing Board, and may be reviewed by an interested person on request during normal business hours.

   Persons believing themselves 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. Appeals must be filed within 20 days of this publication.

   If information concerning this notice is required in an alternative form, contact the Secretary to the Board at (717) 787-3483. TDD users may telephone the Board through the AT&T Pennsylvania Relay Center at (800) 654-5984.

   The Environmental Hearing Board is empowered to approve this settlement if no objection is timely filed with the Board.

GEORGE J. MILLER,   
Chairperson

[Pa.B. Doc. No. 97-1961. Filed for public inspection December 5, 1997, 9:00 a.m.]



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