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PA Bulletin, Doc. No. 96-1545


Montgomery County v. DEP; EHB Doc. No. 92-448-MR

[26 Pa.B. 4480]

   The Department of Environmental Protection (Department), and Montgomery County (County) have agreed to a settlement of the appeal at the above-referenced docket.

   On August 28, 1992, the Department issued an Order to the County in which the Department required that the County:  (1)  construct, and place into operation, a system for the collection and conveyance of leachate and contaminated groundwater from Landfills No 1 and 2 to the Upper Merion Township Wastewater Treatment Plant (Matsunk Plant); (2)  pump and haul, for treatment at a wastewater treatment plant, a specified amount of leachate and/or contaminated groundwater until completion of the connection to the Matsunk Plant; (3)  upon completion of the connection to the Matsunk Plant, increase removal of leachate and contaminated groundwater to a minimum of 110,000 gallons per day and continue to pump at this rate until further Department notice; (4)  implement a Department-approved plan for an expanded groundwater monitoring program according to a specified schedule; and (5)  submit biweekly progress reports until connection to the Matsunk sewer treatment facility. The County filed a timely appeal from the Department's Order.

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

   1.  The County has constructed, and placed into operation, the connection to the Matsunk Plant. The County has agreed that it will maintain removals of leachate and/or contaminated groundwater to the Matsunk Plant at a minimum of 110,000 gallons averaged per day and calculated over a calendar month, provided, however, that daily removals shall not be below 100,000 gallons on any given day. The County has agreed to continue such removals at this rate until further notice from the Department, and to submit reports to the Department documenting the gallonage of such removals.

   (2)  The County has agreed to the dismissal of the appeal at this docket.

   Copies of the full agreement are in the hands of:

   R. Stephen Barrett, Esquire, County of Montgomery, Office of the Solicitor, 5th Floor, Court House, Norristown, PA 19404-0311, (610) 278-3033;

   Martha E. Blasberg, Assistant Counsel, Department of Environmental Protection, Office of Chief Counsel--Southeast Region, Lee Park--555 E. North Lane--Suite 6015, Conshohocken, PA 19428-2233, (610) 832-6300;

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, 2nd Floor, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, PA 17105-8457.

   Appeals shall 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. 96-1545. Filed for public inspection September 13, 1996, 9:00 a.m.]

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