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PA Bulletin, Doc. No. 97-993



Bethlehem Apparatus Company, Inc. v. DEP; Doc. No. 96-070-MG

[27 Pa.B. 2999]

   The Department of Environmental Protection (Department) and Bethlehem Apparatus Company, Inc. (Bethlehem) have agreed to a settlement of the above matter. Bethlehem operates a mercury recycling facility located in Hellertown, PA (Hellertown Facility). By letter dated January 30, 1996, Bethlehem submitted a Request for Determination of Minor Significance to the Department, which requested that the Department determine that the Hellertown Facility was a source of minor significance and thus was exempt from the plan approval and operating permit requirements. By letter dated February 12, 1996, the Department denied Bethlehem's Request for Determination of Minor Significance. By notice of appeal dated March 18, 1996, Bethlehem appealed the Department's February 12, 1996 letter.

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

   1.  Bethlehem's Hellertown Facility will be designated as a source of minor significance and exempt from the plan approval and operating permit requirements during such times that the facility complies with the terms and conditions set forth in the determination.

   2.  Bethlehem will install specified air pollution control equipment and will conduct daily monitoring of process emissions.

   3.  Bethlehem will pay a civil penalty of $1,000 in full resolution and satisfaction of civil penalty liability for alleged violations of the Department's rules and regulations concerning emissions on August 5, 1995 and September 7, 1995.

   Copies of the full consent adjudication are in the possession of:

   John Herman, Assistant Counsel, Department of Environmental Protection, Southwest Regional Office of Chief Counsel, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, (412) 442-4262;

   John P. Judge, Esquire, Eckert Seamans Cherin & Mellot, 1700 Market Street, Suite 3232, Philadelphia, PA 19103, (215) 575-6000;

and at the offices of the Environmental Hearing Board, and may be reviewed by an interested person on request during normal business hours.

   Persons who are aggrieved by the above settlement have a right to appeal the Environmental Hearing Board, Second Floor, Market Street 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) 783-3483. 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 if no objection is timely filed with the Board.


[Pa.B. Doc. No. 97-993. Filed for public inspection June 20, 1997, 9:00 a.m.]

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