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PA Bulletin, Doc. No. 04-2079



Hatfield Township Municipal Authority v. DEP; EHB Doc. No. 2003-165-K--Notice of Settlement and Time Period for Public Comment

[34 Pa.B. 6288]

   The Department of Environmental Protection (Department) and Hatfield Township Municipal Authority (Hatfield) have agreed to a settlement of the previously captioned matter. The case involved Hatfield's appeal of the Department's issuance to it on June 23, 2003, of a Modification to Solid Waste and/or Processing Permit which, among other things, addressed the Department's Radiation Protection Action Plan requirements of 25 Pa. Code § 271.114 (relating to transition period). The terms of the parties' settlement is embodied in a Stipulation of Settlement, the major terms of which include, but are not limited to the following:

   1.  Hatfield has agreed to withdraw its appeal, without prejudice, given that the Department will reconsider all issues raised in the appeal as part of its review of Hatfield's application for a Minor Permit Modification/Radiation Protection Action Plan dated December 29, 2003, and supplemented on April 30, 2004 and July 15, 2004 (collectively revised application);

   2.  The Department has agreed that:

   a.  Hatfield's withdrawal of the appeal is without prejudice to Hatfield's right to challenge or appeal the Department's future action on its revised application; and

   b.  Hatfield will not assert the doctrine of administrative finality in any appeal of the Department's action related to Hatfield's June 23, 2003, Modification of Solid Waste and/or Processing Permit or the revised application.

   The parties wish to have the Stipulation of Settlement entered by the Environmental Hearing Board (Board) as an Order of the Board. Before the Board would do that, however, it is providing public notice of the intended settlement and of the parties' request that the Board enter their Stipulation of Settlement as an Order of the Board. Copies of the full Stipulation of Settlement can be obtained by contacting Gina M. Thomas, Esq., Department of Environmental Resources, Southeast Regional Counsel, 2 East Main Street, Norristown, PA 17401, (484) 250-5861 or Steven A. Hann, Esquire, Hamburg, Rubin, Mullin, Maxwell & Lupin, 375 Morris Road, Lansdale, PA 19446, (215) 661-0400. Copies of the Stipulation of Settlement are also available at the office of the Board and may be reviewed by interested parties on request during normal business hours. Interested members of the public may comment to the Board on the Stipulation of Settlement for a period of 30 days from the date of this notice.


[Pa.B. Doc. No. 04-2079. Filed for public inspection November 19, 2004, 9:00 a.m.]

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