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PA Bulletin, Doc. No. 96-734



Max Starr and Martha Starr v. DEP; EHB Doc. No. 95-143-C

[26 Pa.B. 2134]

   The Department of Environmental Protection (Department) and Max Starr and Martha Starr (Starrs), have agreed to a settlement of the above matter. On June 13, 1995, the Department issued an Administrative Order to the Starrs to remove all tires off their site within a 10 year period. The Starrs filed an appeal of the June 13, 1995 Order to the Environmental Hearing Board docketed to the above term and number. The appeal was filed on June 14, 1995, and perfected on July 26, 1995.

   The Department and the Starrs have agreed to a settlement, the major provisions of which include:

   1.  The agreement lasts for a 3 year period. During the 3 years, the Starrs are required to remove at least six full trailer loads of tires per month to an approved facility. The tires shall be removed from the piles to establish fire lanes.

   2.  The Starrs are required to maintain fire suppression equipment and update any applicable emergency response plans, monitor and spray for vectors and monitor and control brush, trees and other vegetation in the fire lanes such that growth does not exceed 6 inches.

   3.  The Starrs are also required to provide financial assurance to the Department in the amount of $300,000 for the period from July 1, 1996, to June 30, 2002.

   Copies of the full agreement are in the possession of:

   Amy Ershler, Assistant Counsel, Department of Environmental Protection, Northcentral Region Office of Chief Counsel, 208 West Third Street, Suite 101, Williamsport, PA 17701-6448, (717) 321-6568;

   Franklin L. Kury, Esquire, Paul S. Kline, Esquire, Reed Smith Shaw & McClay, 213 Market Street, P. O. Box 11844, Harrisburg, PA 17108-1844, (717) 234-5988;

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

   Persons who are 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. If information concerning this Notice is required in an alternative form, contact the Secretary to the Board at (717) 787-3483. TDD users may contact the Board through the Pennsylvania Relay Service at 1 (800) 654-5984.

   Appeals must be filed within 20 days of this publication.

   The Environmental Hearing Board is empowered to approve this settlement which becomes final if no objection is timely made.


[Pa.B. Doc. No. 96-734. Filed for public inspection May 3, 1996, 9:00 a.m.]

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