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PA Bulletin, Doc. No. 99-2017


Plymouth Township v. DEP and Montenay Montgomery Limited Partnership; EHB Doc. No. 97-178-C

[29 Pa.B. 6070]

   The Department of Environmental Protection (Department), Montenay Montgomery Limited Partnership (Montenay), and Plymouth Township (Plymouth) have entered into a proposed consent adjudication to settle the above matter. On July 29, 1997, the Department issued a revised Solid Waste Permit No. 400558 authorizing Montenay to process certain types of municipal-like residual waste. Plymouth filed a timely appeal of the revised Solid Waste Permit. On or about August 23, 1999 the Department modified Solid Waste Permit 400558.

   The parties have agreed to a settlement, the major provisions of which include:  the Department has modified Solid Waste Permit 400558 regarding the types of municipal like residual waste the Facility may receive and the procedures by which it will be accepted, handled and processed, and Plymouth will not appeal the permit and will withdraw a related challenge filed in Commonwealth Court (No. 779 M.D. 1997), Montenay will submit to Plymouth a written identification of all legally-required currently applicable emission limitations and reporting and shutdown requirements, Montenay will provide Plymouth with a copy of all reports submitted to the Department, Montenay shall pay Plymouth $2 for each ton of Form S waste that it receives and processes, and Plymouth shall have the right to inspect Form S waste deliveries during normal operating hours.

   This notice is provided under 25 Pa. Code § 1021.120(d). The proposed consent adjudication is subject to final approval by the Department and the Environmental Hearing Board. The proposed consent adjudication containing the specific terms of the proposed settlement is available for public review and comment. Under 25 Pa. Code § 1021.120(d), the public comment period will extend for 30 days from today's date. Persons may submit written comments on the proposed consent adjudication to the Department by December 27, 1999, by submitting them to Douglas White, Esquire at the address provided as follows. Copies of the full Consent Adjudication may be obtained from:

   Eli R. Brill, Esquire, Dechert Price & Rhoads, 4000 Bell Atlantic Tower, 1717 Arch Street, Philadelphia, PA 19103-2793, (215) 994-2122; and Luther E. Weaver, III, Esquire, Bowser & Weaver, P.C., 250 S. 16th Street, Philadelphia, PA 19102, (215) 790-0600; and Douglas G. White, Esquire, Assistant Counsel, Commonwealth of Pennsylvania, Department of Environmental Protection, Office of Chief Counsel--Southeast Region, Lee Park, 555 E. North Lane, Suite 6015, Conshohocken, PA 19428-6015, (610) 632-6300.

   The proposed consent adjudication is also available at the office of the Environmental Hearing Board, 2nd Floor, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, PA 17105-8457, and may be reviewed by an interested party on request during normal business hours. Interested parties may telephone the Environmental Hearing Board at (717) 783-3483.

   The Environmental Hearing Board may schedule a hearing prior to taking action on the proposed consent adjudication. Under 25 Pa. Code § 1021.120(d), any appeal of the consent adjudication must be filed with the Commonwealth Court within 30 days of the date of the Environmental Hearing Board's action.


[Pa.B. Doc. No. 99-2017. Filed for public inspection November 24, 1999, 9:00 a.m.]

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