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PA Bulletin, Doc. No. 17-835



Merck Sharp & Dohme Corp. v. Department of Environmental Protection; EHB Doc. No. 2015-011-L Consolidated with EHB Doc. No. 2015-123-L

[47 Pa.B. 2853]
[Saturday, May 13, 2017]

 The Department of Environmental Protection (Department) and Merck Sharp & Dohme Corp. (Merck) have agreed to a settlement of the previously-referenced matter. In this appeal, Merck challenged certain provisions of NPDES Permit No. PA0053538 (Permit) and an accompanying certified letter issued by the Department to Merck on January 20, 2015. The Permit authorizes Merck to discharge industrial stormwater from Merck's facility in West Point, Montgomery County.

 More specifically, Merck challenged, inter alia, provisions in the Permit requiring Merck to sample for acrylamide and chemical additives, and the removal of authorization for specific nonstormwater discharges. Merck also contested the Department's handling of a proposed amendment to Merck's Environmental Emergency Response Plan with respect to spill reporting.

 The settlement provides for the Department's issuance of Amendment No. 2 to the Permit to remove monitoring requirements for acrylamide and chemical additives, to increase monitoring frequency for phosphorus, and to authorize certain nonstormwater discharges. The settlement preserves the parties' respective positions regarding the interpretation of the spill notification requirements of 25 Pa. Code § 91.33 (relating to incidents causing or threatening pollution). The Department provided public notice of this proposed permitting action at 46 Pa.B. 2562 (May 21, 2016). The Department will provide public notice of the issuance of the final Permit Amendment No. 2 in accordance with 25 Pa. Code § 92a.86 (relating to notice of issuance or final action on a permit).

 Copies of the full stipulation of settlement agreement are held by William H. Gelles, Esquire, Supervisory Counsel, Office of Chief Counsel, 2 East Main Street, Norristown, PA 19401, (484) 250-5930; and Kenneth J. Warren, Esquire, Warren Environmental Counsel, LLC, 975 Mill Road, Millridge Manor House, Suite A, Bryn Mawr, PA 19010, (484) 383-4830.

 Copies are also available at the offices of the Environmental Hearing Board (Board) and may be reviewed by any interested person on request during normal business hours. The settlement is also available at the Board's website at Using the Docket Search page, enter case number 2015011 to view the docket sheet for this case.

 If information concerning this notice is required in an alternative form, contact the Secretary to the Board at (717) 783-3483. TDD users may telephone the Board through the Pennsylvania AT&T Relay Service at (800) 654-5984.


[Pa.B. Doc. No. 17-835. Filed for public inspection May 12, 2017, 9:00 a.m.]

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