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PA Bulletin, Doc. No. 05-1537



Hatfield Township Municipal Authority v. DEP; EHB Doc. No. 2003-085-K

[35 Pa.B. 4682]

   The Department of Environmental Protection (Department) and Hatfield Township Municipal Authority (Authority) have agreed to a settlement of the previously captioned matter. This appeal challenged the NPDES Permit No. PA0026247 issued by the Department to the Authority on March 11, 2003.

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

   1.  The parties have agreed that:

   a.  The Authority will not have to develop a Compliance Plan with respect to the Neshaminy TMDL until all appeals of the Neshaminy TMDL are fully adjudicated or otherwise resolved between the Department and the Authority.

   b.  The Stipulation and Settlement in this appeal shall not be construed to expand the Authority's appeal of the Neshaminy TMDL, which is docketed at EHB Docket No. 2004-046-K (consolidated with 2004-045-K and 2004-112-K).

   The Department agreed that:

   a.  The Authority's future submission of the Compliance Plan is not a waiver of its right to appeal any future action related to the development or implementation of the Neshaminy TMDL.

   b.  The Authority's withdrawal of the appeal is without prejudice to the Authority's right to challenge any future action of the Department regarding development or implementation of the Neshaminy TMDL.

   c.  It will not assert the doctrine of administrative finality in any appeal by the Authority of a future Department action related to the development or implementation of the Neshaminy TMDL.

   The parties requested that the Environmental Hearing Board (Board) attach the Stipulation of Settlement to its order dismissing the appeal subject to the rights set forth in the Stipulation of Settlement. Copies of the full Stipulation of Settlement are in the hands of Gina M. Thomas, Esquire, Department of Environmental Protection, Southeast Regional Counsel, 2 East Main Street, Norristown, PA 17401, (484) 250-5861 and Steven A. Hann, Esquire, Hamburg, Rubin, Mullin, Maxwell & Lupin, 375 Morris Road, Lansdale, PA 19446, (215) 661-0400. Copies of the full 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. 05-1537. Filed for public inspection August 12, 2005, 9:00 a.m.]

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