HomeMy WebLinkAbout73-0291
A
CO.°u i0;~tvF 4LTIi OF P:.N?~t YLt'A:~ I.4,
Petitioner
v.
CARL] SLr, BGROL'GH
S~E~~r.R SYS'i'~: ~~UT~-.ORZTY
Cumberland County, and
its Corporate Ofic~als:
3onas E. i•7arr.eli, Chairrta.n;
Earl R. Painter, Vice-Chair~uan;
Robert W. Chilton, Secretary;
Fred I;. Snyder, Treasurer,
nzSt,G ~::n~.:S
.1 t? T L' U
IN THE CO.E~IO?Qj•;F..AL~i`Ei CGiIRT
OF PE\rtvSYLVANZA
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AND NOjd, to wit, this l ~ day of (..c~J~ti~ , 1973, it
appearing to the Court that the Co~noncaealth of Penr.sylvar.ia (herei.naf ter
"Com-ronwealth") Petitioner herein, has Bled with this Court a Petition, uami.ng
the Carlisle Borough Sewer System Authority and its officials ("Respondents"),
to enforce an unappeal_ed order of the Department of Environmen~al P.esources
=::~11 S1av iiL i, it JL•l:L1V11 Gll~! li ii:e ~..:.CU ~ Jtr Ca.::~ i.a ~v Avt of .iaiiuGx ~~ icy. i°37
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P.L. 1957, as amended, arLd L-he Rules and Regulations therein:der ("Clean Streams
Law") iOr violation of ar. Orde.r iSSL'C'd by tt]e PetltiOTier u11C:er SNCtion 2C3 Ji
The Clean Strear:.s Law; Respo~.dents Y;erein jointly have presented a schedule
for compliance wit: T.ie Clean Streams Law, which schedule is satisfactory to
the COau1~OnWealth; and Petitioner and Respondents, in disposition of this liti-
gation, having by their attorneys severally consented to the entry of this
Order wit:lout trial or adjudication of any issue of fact or law herein, and
without this Order constituting evidence of or an admission in respect to any
such issue;
NOW, THEREFORE, without trial or adjudication of any issue of fact or
la~•~ tier^i~, :inor. cnn~enr, as aforesaid, of each party hereto, and it appearing
to the Court that this Order is just and proper, it is hereby
ORDERED, ADJUDGED A:~,D DECREED that:
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1. Respondents stall:
a. On or befog e Apri:1 15, 1973, enter into such agree-
• ments ivitll adjacent mtir:icipaliiies as are necessary
• to irT~nlrnr~~~nt tha fC111C'itiC~i;1P' Rtens Lrl t111.S SChedtzle.
r--------- ~,
Copies of said agreerr~ents s.~all be suur:,itted to the
Department of Fr~virorlr~er.tal Resources' ("Departrrlent"}
Re Tonal Sanitary Eng ineer vrithir. seven (7) days of
e:cecution;
b. On or before June 1, 1973, submit a complete er~gi-
neVring study consistent with Section 9J.. 31 of
Chapter 9J. o. 1 t~l~ 5 0~ t.~~. ~eparinl~,~~~ s :uJ.cs
and Regulations, for facilities r.ccessa.ry to comply
wish ~.~e 1 e~T~.o.,er s Order, ~ti~s stu:~y must be
submitted to the appropriate Regional Sanitary Engi-
neer of tree Department;
c. On or before December 31, 1973, subrr~it appiicatior~s
for a permit a;zd construction grants consistent
with said engineering study as approved by the
.Department,
d. Begin construction of pormittod facilities no later
than March 1, 1975. Ii construction: grants are
offered on or before January 1, 1975, begin con-
struction ~;~ithin ninety (90} days of receipt of
federal aut'norizatior. to advertise for bids;
e. Complete (:aniSt'~uCt1011 arld i.i%binl Opl`;ratlan Of
permitted facilities by October 1, 197G; and
f. Advise the Department, in writing, of tl~e initiation
a.' const~^uction pursuant to Parabraphs (d} and (e}
above withir; ten (10} days of their occurrence.
2, if the Respondents fail to take any prescribed action on or before any
date set forth above for that action, tivhich such action is within their control,
the Carlisle Borough Sewer System Authority shall pay Nine Hundred
($900. OU) Dollars per month to the Comn-.onwealth of Pennsylvania Clean
V-dater Fund until the action is taker.. Such payments shall be made by c'necks
payable to the Commonwealth of Pennsylvania Clea.~ Water Fund, ~vr.ich
checks shall be forwarded to the appropriate Regional Sanitary ~;ngineeri.ng
Office of the Department within the first ten (10) days of the month following
each month in which the prescribed action is not taken.
3. If the Respondents request the Regional Sanitary Enguzeer, in writing,
prior to April 15, 1973, to issue orders under Section 203 of Ti. Clean
Streams Lativ to one or more adjacent municipalities requiring saki
municipalities to join with the Respondents in a regional sewerage p~: oject,
and if the Department finds such order or orders io be consistent wi.tli tlic:
Acts enforced by the Department and the policies, Rules and P~egu-
lotions promulgated thereund r, the Department shall issue such.
orders. If Respondents fail to request orders under this
_~_
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Ser_ti.on, they are riereby estoppel from using the faii,_ire
of other r,.unicipalitias to co le Lo agreer,:ent as an ~-::~:use
for the R~>_spondents' failure to comply with the terms of
this Order.
FGR THE FETITIO?~Ex::
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l~~i ~'„1.~~.1.:7\.. ~ ~vL1~~, ,.yvi
LE\'N1S J. IiAIZi1IS1:
Assistant Attorney General
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C. i9E~' CLERIC
E`i T E CG;J~;T:
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rOR THE RESFOI~DEI~'TS:
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COMi1~tOiti~~':L%ALTII OF PENNSYLVANIA IN TIIL C0~~11~10N~VEALTH COURT
OF PENNSYLVAI\TIA
v.
C"AI;3.ISI.:~'~ I30ROL;GI, SL~'~~LR. SYSZ'E112 NO. 291 C. D. 1973
.~`, ~;T110i~I.'~' l~, CU1,~i33i~:RLAND COUNTY,
l~~i~I~ ITS COR1'OIZATE OFF ICIALS:
.)U~AS E. u~ARR~t:LL, CHAIP.MAN;
;~~ ~; T i~ •~^~Tti~n~;,n Z,'T(v'~` r~:~nTnnanrT.
3ZOt~ERT ~~, C1iI]1."i ON, SECRETARY;
I' RED II. SNYDER, TREASURER.
ORDER OF COURT
.~,
AitiTD NOU%, to wit: this ''j~~=- day of 3une, 1973, at-----~~--~----•---o'clock-----fir,
-:-;~--
CJll motion of Jol~z B. Fowler, III, Esq. , attorney for petitioners, and irl consideration
o~ clle ti~~it~ili.~ Petition, it is hereby ordered and directed t'rlat Paragraph 1 (c) of the
Omer of Court dated April 17, 1973, u7 the above captioned action, is hereby modified
to provide that "On or before February 28, 1974, submit applications for a permit
alzd construction grants consistent with said Engineering' Study as approved by the
Departlr~ent;" and except as herein modified, said Order of Court dated April 17, 1973,
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to remain in full force and effect.
By the Court,
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Consented to on behalf of the Commonwealth of Pennsylvania on June 2i,
1973.
n
y • `` 1
• DENNIS J. HARNISH
' ~ .~-. ~ Special Assistant Attorney General
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