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PA Bulletin, Doc. No. 05-466


Pennsylvania Waste Industries Association v. DEP; EHB Doc. Nos. 2003-95-C and 2004-179-C--Notice of Settlement and Time Period for Public Comment

[35 Pa.B. 1727]

   Appellee County of Dauphin (Dauphin) has entered into a written Stipulation of Settlement with Appellants Pennsylvania Waste Industries Association, Republic Services of Pennsylvania, LLC and Penn Waste, Inc. (collectively, Appellants) in two appeals regarding to revisions Dauphin made to its Act 101 Municipal Waste Management Plan (Plan). The first appeal (2003-95-C) challenges the Department of Environmental Protection's (Department) March 6, 2003, approval of a revision Dauphin made to the Plan in 2002 (2002 Revision). The second appeal (2004-179-C) concerns a subsequent revision Dauphin made to the Plan in 2004 (2004 Revision), which was deemed approved by operation of law on July 17, 2004.

   The major provisions of the Stipulation of Settlement include: (1) a commitment by Dauphin that its proposed plan revision regarding capacity assurance for construction and demolition waste (2005 Revision) will be a substantial plan revision and, if approved by the Department, the 2005 Revision will be implemented in a manner in which municipalities and haulers will select one or more construction and demolition disposal facilities from a menu of facilities designated by Dauphin; and (2) a commitment by Appellants that they will not challenge the 2005 Revision. The Stipulation of Settlement does not alter the Department's March 6, 2003, approval of the 2002 Revision or the deemed approval of the 2004 Revision. The Department acknowledges this Stipulation of Settlement and concurs with the request that the referenced appeals be marked settled.

   The Appellants and Dauphin requested that the Environmental Hearing Board (Board) include the Stipulation of Settlement in the record of the case and publish notice of the Settlement. Copies of the full Stipulation of Settlement can be obtained by contacting James F. Bohan, Esquire, Office of Chief Counsel, Department of Environmental Protection, 909 Elmerton Avenue, Harrisburg, PA 17110-8200, (717) 787-8790; David J. Brooman, Esquire, Drinker Biddle & Reath LLP, 1000 Westlakes Drive, Berwyn, PA 1932-2409, (610) 993-2200; or Andrew J. Giorgione, Esquire, Obermayer Rebmann Maxwell & Hippel, 200 Locust Street, Suite 400, Harrisburg, PA 17101, (717) 234-9730. 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. 05-466. Filed for public inspection March 11, 2005, 9:00 a.m.]

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