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PA Bulletin, Doc. No. 96-2155



Upper Moreland Hatboro Joint Sewer Authority v. DEP; EHB Doc. No. 96-034-MG

[26 Pa.B. 6140]

   The Department of Environmental Protection (Department), and Upper Moreland Hatboro Joint Sewer Authority (Authority) have agreed to a settlement of the appeal at the above-referenced docket.

   The Authority owns and operates a sewage treatment plant located in Upper Moreland Township, Montgomery County, PA. On January 4, 1996, the Department issued National Pollutant Discharge Elimination System (NPDES) Permit No. PA0025976 (Permit) to the Authority authorizing the discharge of treated effluent to Pennypack Creek and an unnamed tributary to Pennypack Creek in accordance with the limitations and requirements set forth in the Permit. The Authority filed a timely appeal from the Department's issuance of the Permit.

   The parties have agreed to a settlement of the appeal in accordance with the following terms:

   (1)  The Department has agreed to issue a draft amendment to the Permit (Amendment) which proposes the following changes to the Permit:

   a.  Deletion of the fourth and fifth year effluent limitations for Outfall 002. Outfall 002 shall be subject to monitoring and reporting requirements for the period beginning at issuance of the Amendment and lasting through expiration of the Permit.

   b.  The inclusion in Part C of the Permit of requirements for development, submission and implementation of a short term plan for control of the discharge from Outfall 002 and for the development and submission of a long term plan for control of the discharge from Outfall 002.

   c.  Modification of the instantaneous maximum limitation on Ammonia as N to a limit of 5 for the month of May only.

   (2)  The Authority agrees not to appeal the final issuance of the Amendment so long as such amendment contains the same, or less stringent, terms and conditions as those set forth in the settlement agreement. In the event that Amendment No. 1 contains different or more stringent terms and/or conditions than those in the settlement agreement, and in the event the Authority chooses to challenge such terms and/or conditions, the Authority reserves the right to raise any of the challenges raised in this appeal.

   (3)  The Authority agrees that by 1/04/06 it will either eliminate the discharge from Outfall 002 or comply with appropriate effluent limits for the discharge.

   (4)  The Department agrees that until 1/04/06, the Authority shall be subject to only monitoring and reporting requirements for the discharge from Outfall 002, provided that the Authority complies with the requirements of the Short Term Control Plan and the Long Term Control Plan as expressed in any permit issued by the Department to the Authority prior to 1/04/06.

   Copies of the full agreement are in the hands of:

   R. Rex Herder, Jr., Esquire, Acton, Herder & Bresnan, 726 Fitzwatertown Road, Suite 3, Willow Grove, PA 19090, Telephone: (215) 659-4600;

   Martha E. Blasberg or Douglas G. White, Assistant Counsel, Department of Environmental Protection, Office of Chief Counsel--Southeast Region, Lee Park--555 E. North Lane--Suite 6015, Conshohocken, PA 19428-2233, Telephone: (610) 832-6313;

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. 96-2155. Filed for public inspection December 20, 1996, 9:00 a.m.]

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