January 31, 2009 (Pages 501-662)

Pennsylvania Bulletin Volume 39 (2009) Repository

1-31-2009

Pennsylvania Legislative Reference Bureau

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Recommended Citation Pennsylvania Legislative Reference Bureau, "January 31, 2009 (Pages 501-662)" (2009). Volume 39 (2009). 5. https://digitalcommons.law.villanova.edu/pabulletin_2009/5

This January is brought to you for free and open access by the Pennsylvania Bulletin Repository at Villanova University Charles Widger School of Law Digital Repository. It has been accepted for inclusion in Volume 39 (2009) by an authorized administrator of Villanova University Charles Widger School of Law Digital Repository. Volume 39 Number 5 Saturday, January 31, 2009 • Harrisburg, PA Pages 501—662 Agencies in this issue The Courts Department of Agriculture Department of Banking Department of Community and Economic Development Department of Environmental Protection Department of Health Department of Labor and Industry Department of Military and Veterans Affairs Department of Revenue Health Care Cost Containment Council Insurance Department Liquor Control Board Pennsylvania Public Utility Commission State Athletic Commission State Board of Funeral Directors State Board of Pharmacy State Board of Nursing Detailed list of contents appears inside.

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Copyright ௠ 2009 Commonwealth of Pennsylvania Editorial preparation, composition, printing and distribution of the Pennsylvania Bulletin is effected on behalf of the Commonwealth of Pennsylvania by FRY COMMUNICATIONS, Inc., 800 W. Church Road, Mechanicsburg, Pennsylvania 17055-3198. 503 CONTENTS THE COURTS DEPARTMENT OF HEALTH Notices APPELLATE PROCEDURE Applications of Elk Regional Health Center for Order adopting amendments to Pa.R.A.P. 102, 904, exception ...... 641 905, 1112, 1113, 1116, 1123, 1925, 1931, 1972, Long-term care nursing facilities; request for excep- 2113, 2154, 2172, 2185, 2542, 2545, and to official tion ...... 641 notes to Pa.R.A.P. 2572 and 3723; no. 197; appel- Traumatic Brain Injury Advisory Board meeting ..... 641 late procedural rules; doc. no. 1 ...... 508 DEPARTMENT OF LABOR AND INDUSRTY LOCAL COURT RULES Notices Carbon County Current Prevailing Wage Act debarments (2 docu- Amendment of civil procedure 1303—arbitration ments) ...... 642 hearing and notice; no. 04-1727...... 513 DEPARTMENT OF MILITARY AND VETERANS Clinton County AFFAIRS Order amending rules of civil procedure; no. 114-09 . . 514 Notices Order amending rules of miscellaneous procedure; Per diem rates of Pennsylvania State Veterans’ no. 115-09 ...... 517 homes...... 642 Luzerne County DEPARTMENT OF REVENUE Order establishing a conflict counsel pool and fee Notices schedule for the payment of conflict counsel certi- Pennsylvania Fun 1s instant lottery game...... 642 fied to represent defendants when they are Pennsylvania Lucky Dog doubler ’09/Fat Cat dou- deemed ineligible for representation by the bler ’09 instant lottery game ...... 644 Luzerne County public defenders office due to a conflict of interest ...... 520 HEALTH CARE COST CONTAINMENT COUNCIL Notices Meetings scheduled ...... 647 EXECUTIVE AGENCIES INSURANCE DEPARTMENT DEPARTMENT OF AGRICULTURE Notices Notices David W. Andrews, M. D.; prehearing ...... 647 Holding and humane disposition of stray unlicensed Application and request for a certificate of authority dogs ...... 528 to provide a continuing care retirement community by Nugent Convalescent Home, Inc...... 648 DEPARTMENT OF BANKING Bandit truck stop #2; prehearing ...... 648 Notices Conseco Senior Health Insurance Company; 40% Actions on applications...... 528 rate increase filing for American Travelers ATL- LTC-89; rate filing ...... 648 DEPARTMENT OF COMMUNITY AND ECONOMIC Conseco Senior Health Insurance Company; 40% DEVELOPMENT rate increase filing for several Transport Life LTC Notices forms; rate filing...... 649 Listing of tax collection districts for Local Tax Giant food store 80; prehearing ...... 649 Enabling Act districts ...... 529 JJM Realty LP; prehearing...... 649 Pat’s Pit Stop; prehearing ...... 649 DEPARTMENT OF ENVIRONMENTAL PROTECTION LIQUOR CONTROL BOARD Notices Applications, actions and special notices...... 593 Notices Bid opportunity...... 640 Expiration of leases ...... 650 Coastal and Estuarine Land Acquisition Conserva- PENNSYLVANIA PUBLIC UTILITY COMMISSION tion Program; Federal Fiscal Year 2010 grant solicitation ...... 640 Notices Oil and gas well permit application modifications; Petition of Cordia Communications Corp...... 650 revisions to the application addendum for Marcel- Service of notice of motor carrier applications...... 650 lus Shale Gas Well Development...... 641 Telecommunications (2 documents) ...... 659 Proposed total maximum daily load (TMDL): Tentative order ...... 659 Redbank Creek Watershed, Jefferson, Clarion and Armstrong Counties ...... 639 STATE ATHLETIC COMMISSION Lower Clarion River and Deer Creek Watersheds, Rules and Regulations Clarion County ...... 639 Mixed martial arts...... 523

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PENNSYLVANIA BULLETIN, VOL. 39, NO. 5, JANUARY 31, 2009 504

STATE BOARD OF FUNERAL DIRECTORS STATE BOARD OF NURSING Rules and Regulations Notices Renewal fee (correction) ...... 523 Bureau of Professional and Occupational Affaris v. STATE BOARD OF PHARMACY Katherine Jaroszewicz, LPN; doc. no. 1664-51- Notices 2008 ...... 661 Bureau of Professional and Occupational Affaris v. Michael Lee Harenza, R.Ph.; doc. no. 0880- 54-08 ...... 661

PENNSYLVANIA BULLETIN, VOL. 39, NO. 5, JANUARY 31, 2009 505 READER’S GUIDE TO THE PENNSYLVANIA BULLETIN AND PENNSYLVANIA CODE Pennsylvania Bulletin Bulletin before it can take effect. If the agency The Pennsylvania Bulletin is the official gazette of wishes to adopt changes to the Notice of Proposed the Commonwealth of Pennsylvania. It is published Rulemaking to enlarge the scope, they must re- every week and includes a table of contents. A propose. cumulative subject matter index is published quar- Citation to the Pennsylvania Bulletin terly. Cite material in the Pennsylvania Bulletin by The Pennsylvania Bulletin serves several pur- volume number and page number. Example: Volume poses. First, it is the temporary supplement to the 1, Pennsylvania Bulletin, page 801 (short form: 1 Pennsylvania Code, which is the official codification Pa.B. 801). of agency rules and regulations and other statuto- Pennsylvania Code rily authorized documents. Changes in the codified text, whether by adoption, amendment, repeal or The Pennsylvania Code is the official codification emergency action must be published in the Pennsyl- of rules and regulations issued by Commonwealth vania Bulletin. Further, agencies proposing changes agencies and other statutorily authorized docu- to the codified text do so in the Pennsylvania ments. The Pennsylvania Bulletin is the temporary Bulletin. supplement to the Pennsylvania Code, printing changes as soon as they occur. These changes are Second, the Pennsylvania Bulletin also publishes: then permanently codified by the Pennsylvania Governor’s Executive Orders; State Contract No- Code Reporter, a monthly, loose-leaf supplement. tices; Summaries of Enacted Statutes; Statewide The Pennsylvania Code is cited by title number and Local Court Rules; Attorney General Opinions; and section number. Example: Title 10 Pennsylva- Motor Carrier Applications before the Public Utility nia Code, § 1.1 (short form: 10 Pa.Code § 1.1). Commission; Applications and Actions before the Department of Environmental Protection; Orders of Under the Pennsylvania Code codification system, the Independent Regulatory Review Commission; each regulation is assigned a unique number by and other documents authorized by law. title and section. Titles roughly parallel the organi- zation of Commonwealth government. Title 1 Penn- The text of certain documents published in the sylvania Code lists every agency and its correspond- Pennsylvania Bulletin is the only valid and enforce- ing Code title location. able text. Courts are required to take judicial notice of the Pennsylvania Bulletin. How to Find Documents Adoption, Amendment or Repeal of Search for your area of interest in the Pennsylva- Regulations nia Code. Generally an agency wishing to adopt, amend or The Pennsylvania Code contains, as Finding Aids, repeal regulations must first publish in the Pennsyl- subject indexes for the complete Code and for each vania Bulletin a Notice of Proposed Rulemaking. individual title, a list of Statutes Used As Authority There are limited instances where the agency may for Adopting Rules and a list of annotated cases. omit the proposal step; they still must publish the Source Notes give you the history of the documents. adopted version. To see if there have been recent changes, not yet codified, check the List of Pennsylvania Code Chap- The Notice of Proposed Rulemaking contains the ters Affected in the most recent issue of the Penn- full text of the change, the agency contact person, a sylvania Bulletin. fiscal note required by law and background for the The Pennsylvania Bulletin also publishes a quar- action. terly List of Pennsylvania Code Sections Affected The agency then allows sufficient time for public which lists the regulations in numerical order, comment before taking final action. An adopted followed by the citation to the Pennsylvania Bulle- proposal must be published in the Pennsylvania tin in which the change occurred.

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PENNSYLVANIA BULLETIN, VOL. 39, NO. 5, JANUARY 31, 2009 506

Printing Format Material proposed to be added to an existing rule or regulation is printed in bold face and material proposed to be deleted from such a rule or regulation is enclosed in brackets []and printed in bold face. Asterisks indicate ellipsis of Pennsylvania Code text retained without change. Proposed new or additional regulations are printed in ordinary style face.

Fiscal Notes Section 612 of The Administrative Code of 1929 (71 P. S. § 232) requires that the Office of Budget prepare a fiscal note for regulatory actions and administrative procedures of the administrative departments, boards, commissions or authorities receiving money from the State Treasury stating whether the proposed action or procedure causes a loss of revenue or an increase in the cost of programs for the Commonwealth or its political subdivisions; that the fiscal note be published in the Pennsylvania Bulletin at the same time as the proposed change is advertised; and that the fiscal note shall provide the following information: (1) the designation of the fund out of which the appropriation providing for expenditures under the action or procedure shall be made; (2) the probable cost for the fiscal year the program is implemented; (3) projected cost estimate of the program for each of the five succeeding fiscal years; (4) fiscal history of the program for which expenditures are to be made; (5) probable loss of revenue for the fiscal year of its implementation; (6) projected loss of revenue from the program for each of the five succeeding fiscal years; (7) line item, if any, of the General Appropriation Act or other appropriation act out of which expenditures or losses of Commonwealth funds shall occur as a result of the action or procedures; (8) recommendation, if any, of the Secretary of the Budget and the reasons therefor. The required information is published in the foregoing order immediately following the proposed change to which it relates; the omission of an item indicates that the agency text of the fiscal note states that there is no information available with respect thereto. In items (3) and (6) information is set forth for the first through fifth fiscal years; in that order, following the year the program is implemented, which is stated. In item (4) information is set forth for the current and two immediately preceding years, in that order. In item (8) the recommendation, if any, made by the Secretary of Budget is published with the fiscal note. See 4 Pa. Code § 7.231 et seq. Where ‘‘no fiscal impact’’ is published, the statement means no additional cost or revenue loss to the Commonwealth or its local political subdivision is intended.

Reproduction, Dissemination or Publication of Information Third parties may not take information from the Pennsylvania Code and Pennsylvania Bulletin and reproduce, disseminate or publish such information except as provided by 1 Pa. Code § 3.44. 1 Pa. Code § 3.44 reads as follows:

§ 3.44. General permission to reproduce content of Code and Bulletin. Information published under this part, which information includes, but is not limited to, cross references, tables of cases, notes of decisions, tables of contents, indexes, source notes, authority notes, numerical lists and codification guides, other than the actual text of rules or regulations may be reproduced only with the written consent of the Bureau. The information which appears on the same leaf with the text of a rule or regulation, however, may be incidentally reproduced in connection with the reproduction of the rule or regulation, if the reproduction is for the private use of a subscriber and not for resale. There are no other restrictions on the reproduction of information published under this part, and the Commonwealth hereby consents to a reproduction.

PENNSYLVANIA BULLETIN, VOL. 39, NO. 5, JANUARY 31, 2009 507 List of Pa. Code Chapters Affected

The following numerical guide is a list of the chapters of each title of the Pennsylvania Code affected by documents published in the Pennsylvania Bulletin during 2009.

4 Pa. Code (Administration) 58 Pa. Code (Recreation) Adopted Rules Adopted Rules 6 ...... 406 29...... 523 401a ...... 235 Statements of Policy 443a ...... 21 9 ...... 427 Proposed Rules 403a ...... 418 7 Pa. Code (Agriculture) 435a ...... 418 Adopted Rules 441a ...... 418 143...... 308 461a ...... 418, 423 463a ...... 423 Statements of Policy 465a ...... 418 28...... 310 210 Pa. Code (Appellate Procedure) 22 Pa. Code (Education) Adopted Rules Adopted Rules 1 ...... 508 14...... 17 9 ...... 508 11...... 508 25 Pa. Code (Environmental Protection) 19...... 508 Adopted Rules 21...... 508 260a ...... 201 25...... 508 261a ...... 201 37...... 508 262a ...... 201 225 Pa. Code (Rules of Evidence) 263a ...... 201 Adopted Rules 264a ...... 201 ART.I ...... 410 265a ...... 201 231 Pa. Code (Rules of Civil Procedure) 266a ...... 201 Adopted Rules 266b ...... 201 200...... 304 267a ...... 201 2950 ...... 304 269a ...... 201 270a ...... 201 234 Pa. Code (Rules of Criminal Procedure) 806...... 19 Adopted Rules 4 ...... 8 49 Pa. Code (Professional and Vocational Standards) 237 Pa. Code (Juvenile Rules) Adopted Rules Proposed Rules 7 ...... 219 16...... 9 13 (correction) ...... 414, 523 47...... 417 249 Pa. Code (Philadelphia Rules) Unclassified ...... 189, 192 55 Pa. Code (Public Welfare) 255 Pa. Code (Local Court Rules) Statements of Policy Unclassified ...... 10,16, 306, 306, 513, 514, 517, 520 2600 ...... 26

PENNSYLVANIA BULLETIN, VOL. 39, NO. 5, JANUARY 31, 2009 508 COURTS Notice is hereby given that C.D., defendant above Title 210—APPELLATE named, hereby appeals to the (Supreme) (Superior) (Com- monwealth) Court of Pennsylvania from the order entered PROCEDURE in this matter on the day of [ 19 ] 20 . [ 210 PA. CODE CHS. 1, 9, 11, 19, 21, 25 AND 37 ] This order has been entered in the docket as evidenced by the attached copy of the docket entry. Order Adopting Amendments to Pa.R.A.P. 102, 904, 905, 1112, 1113, 1116, 1123, 1925, 1931, 1972, ***** 2113, 2154, 2172, 2185, 2542, 2545, and to Offi- (e) Content in criminal cases.—When the Common- cial Notes to Pa.R.A.P. 2572 and 3723; No. 197; wealth takes an appeal pursuant to Rule 311(d), the Appellate Procedural Rules; Doc. No. 1 notice of appeal shall include a certification by counsel that the order will terminate or substantially handicap Order the prosecution. Per Curiam (f) Content in children’s fast track appeals.—In a children’s fast track appeal the notice of appeal And Now, this 13th day of January, 2009, upon the shall include a statement advising the appellate recommendation of the Appellate Court Procedural Rules court that the appeal is a children’s fast track Committee, the proposal having been published before appeal. adoption at 38 Pa.B. 4723 on August 30, 2008: ***** It Is Ordered, pursuant to Article V, Section 10 of the Constitution of Pennsylvania, that Pennsylvania Rules of Rule 905. Filing of Notice of Appeal. Appellate Procedure 102, 904, 905, 1112, 1113, 1116, 1123, (a) Filing with clerk. 1925, 1931, 1972, 2113, 2154, 2172, 2185, 2542, 2545, and to Official Notes to Pa.R.A.P. 2572 and 3723 are amended (1) Two copies of the notice of appeal, the order for in the following form. transcript, if any, and the proof of service required by Rule 906 (service of notice of appeal), shall be filed with This Order shall be processed in accordance with the clerk of the trial court. If the appeal is to the Pa.R.J.A. No. 103(b) and shall be effective as to all Supreme Court, the jurisdictional statement required by appeals filed 60 days or more after adoption. Rule 909 shall also be filed with the clerk of the trial Annex A court. TITLE 210. APPELLATE PROCEDURE (2) If the appeal is a children’s fast track appeal, PART I. RULES OF APPELLATE PROCEDURE the concise statement of errors complained of on appeal as described in Rule 1925(a)(2) shall be filed ARTICLE I. PRELIMINARY PROVISIONS with the notice of appeal and served in accordance CHAPTER 1. GENERAL PROVISIONS with Rule 1925(b)(1). IN GENERAL (3) Upon receipt of the notice of appeal the clerk shall immediately stamp it with the date of receipt, and that Rule 102. Definitions. date shall constitute the date when the appeal was taken, Subject to additional definitions contained in subse- which date shall be shown on the docket. quent provisions of these rules which are applicable to (4) If a notice of appeal is mistakenly filed in an specific provisions of these rules, the following words and appellate court, or is otherwise filed in an incorrect office phrases when used in these rules shall have, unless the within the unified judicial system, the clerk shall immedi- context clearly indicates otherwise, the meanings given to ately stamp it with the date of receipt and transmit it to them in this rule: the clerk of the court which entered the order appealed ***** from, and upon payment of an additional filing fee the notice of appeal shall be deemed filed in the trial court on Appropriate security—Security which meets the require- the date originally filed. ments of Rule 1734 (appropriate security). Children’s fast track appeal—Any appeal from an (5) A notice of appeal filed after the announcement of a order involving dependency, termination of paren- determination but before the entry of an appealable order tal rights, adoptions, custody or paternity. See 42 shall be treated as filed after such entry and on the day Pa.C.S. §§ 6301 et seq.; 23 Pa.C.S. §§ 2511 et seq.; 23 thereof. Pa.C.S. §§ 2101 et seq.; 23 Pa.C.S. §§ 5301 et seq.; 23 (b) Transmission to appellate court. The clerk shall Pa.C.S. §§ 5102 et seq. immediately transmit to the prothonotary of the appellate ***** court named in the notice of appeal a copy of the notice of appeal showing the date of receipt, the related proof of ARTICLE II. APPELLATE PROCEDURE service and a receipt showing collection of any docketing CHAPTER 9. APPEALS FROM LOWER COURTS fee in the appellate court required under Subdivision (c). If the appeal is a children’s fast track appeal, the Rule 904. Content of the Notice of Appeal. clerk shall stamp the notice of appeal with a (a) Form.—[ The ] Except as otherwise prescribed ‘‘Children’s Fast Track’’ designation in red ink, by this rule, the notice of appeal shall be in substan- advising the appellate court that the appeal is a tially the following form: children’s fast track appeal and shall transmit to the prothonotary of the appellate court named in ***** the notice of appeal the concise statement of errors

PENNSYLVANIA BULLETIN, VOL. 39, NO. 5, JANUARY 31, 2009 COURTS 509 complained of on appeal required by Subdivision leave of court unless another lawyer has entered or (a)(2) of this rule. The clerk shall also transmit with simultaneously enters an appearance for the party. such papers: ***** ***** ***** CHAPTER 11. APPEALS FROM COMMONWEALTH The United States Postal Service form may be in COURT AND SUPERIOR COURT substantially the following form: PETITION FOR ALLOWANCE OF APPEAL ***** Rule 1112. Appeals by Allowance. With regard to subdivision (f) and withdrawal of ***** appearance without leave of the appellate court, (c) Petition for allowance of appeal.[ — ] counsel may nonetheless be subject to trial court supervision pursuant to Pa.R.Crim.P. 904 (Entry of (1) Allowance of an appeal from a final order of the Appearance and Appointment of Counsel; In Forma Superior Court or the Commonwealth Court may be Pauperis). sought by filing a petition for allowance of appeal with the Prothonotary of the Supreme Court within the time With respect to appearances by new counsel fol- allowed by Rule 1113 (time for petitioning for allowance of lowing the initial docketing of appearances pursu- appeal), with proof of service on all other parties to the ant to Subdivision (f) of this rule, please note the matter in the appellate court below. requirements of Rule 1200. (2) If the petition for allowance of appeal is transmit- Rule 1113. Time for Petitioning for Allowance of ted to the Prothonotary of the Supreme Court by means Appeal. of first class, express, or priority United States Postal (a) General rule.—Except as otherwise prescribed by Service mail, the petition shall be deemed received by the this rule, a petition for allowance of appeal shall be filed prothonotary for the purposes of Rule 121(a) (filing) on with the Prothonotary of the Supreme Court within 30 the date deposited in the United States mail, as shown on days after the entry of the order of the Superior Court or a U.S. Postal Service Form 3817 Certificate of Mailing or the Commonwealth Court sought to be reviewed. other similar United States Postal Service form from which the date of deposit can be verified. The certificate (1) If a timely application or reargument is filed in the of mailing or other similar Postal Service form from Superior Court or Commonwealth Court by any party, the which the date of deposit can be verified shall be time for filing a petition for allowance of appeal for all cancelled by the Postal Service, shall show the docket parties shall run from the entry of the order denying number of the matter in the appellate court below and reargument or from the entry of the decision on reargu- shall be either enclosed with the petition or separately ment, whether or not that decision amounts to a reaffir- mailed to the prothonotary. mation of the prior decision. (3) Upon actual receipt of the petition for allowance of (2) Unless the Superior Court or the Commonwealth appeal the Prothonotary of the Supreme Court shall Court acts on the application for reargument within 60 immediately stamp it with the date of actual receipt. That days after it is filed the court shall no longer consider the date, or the date of earlier deposit in the United States application, it shall be deemed to have been denied and mail as prescribed in this subdivision, shall constitute the the prothonotary of the appellate court shall forthwith date when allowance of appeal was sought, which date enter an order denying the application and shall immedi- shall be shown on the docket. The Prothonotary of the ately give written notice in person or by first class mail of Supreme Court shall immediately note the Supreme entry of the order denying the application to each party Court docket number upon the petition for allowance of who has appeared in the appellate court. A petition for appeal and give written notice of the docket number allowance of appeal filed before the disposition of such an assignment in person or by first class mail to the application for reargument shall have no effect. A new prothonotary of the appellate court below who shall note petition for allowance of appeal must be filed within the on the docket that a petition for allowance of appeal has prescribed time measured from the entry of the order been filed to the petitioner and to the other persons denying or otherwise disposing of such an application for named in the proof of service accompanying the petition. reargument. (4) In a children’s fast track appeal, the Protho- (3) In a children’s fast track appeal, unless the notary of the Supreme Court shall stamp the peti- Superior Court acts on the application for reargu- tion for allowance of appeal with a ‘‘Children’s Fast ment within 45 days after it is filed the court shall Track’’ designation in red ink, advising the Su- no longer consider the application, it shall be preme Court that the petition for allowance of deemed to have been denied and the Prothonotary appeal is a children’s fast track appeal. of the Superior Court shall forthwith enter an ***** order denying the application and shall immediately give written notice in person or by first class (f) Entry of appearance.—Upon the filing of the petition mail of entry of the order denying the application for allowance of appeal the Prothonotary of the Supreme to each party who has appeared in the appellate Court shall note on the record as counsel for the peti- court. A petition for allowance of appeal filed be- tioner the name of his or her counsel, if any, set forth in fore the disposition of such an application for or endorsed upon the petition for allowance of appeal, reargument shall have no effect. A new petition for and, as counsel for other parties, counsel, if any, named allowance of appeal must be filed within the pre- in the proof of service. The Prothonotary shall upon scribed time measured from the entry of the order praecipe of any such counsel for other parties, filed at any denying or otherwise disposing of such an applica- time within 30 days after filing of the petition, strike off tion for reargument. or correct the record of appearance. Thereafter a counsel’s appearance for a party may not be withdrawn without *****

PENNSYLVANIA BULLETIN, VOL. 39, NO. 5, JANUARY 31, 2009 510 COURTS

Rule 1116. Brief in Opposition to Petition. (ii) Upon receipt of the notice of appeal and the concise statement of errors complained of on ap- (a) General rule.—[ Within ] Except as otherwise peal required by Rule 905(a)(2), the judge who prescribed by this rule, within 14 days after service of entered the order giving rise to the notice of a petition for allowance of appeal an adverse party may appeal, if the reasons for the order do not already file an answer. The answer shall be deemed filed on the appear of record, shall within 30 days file of record date of mailing if first class, express, or priority United at least a brief opinion of the reasons for the order, States Postal Service mail is utilized. The answer need or for the rulings or other errors complained of, not be set forth in numbered paragraphs in the manner of which may, but need not, refer to the transcript of a pleading, shall set forth any procedural, substantive or the proceedings. other argument or ground why the order involved should not be reviewed by the Supreme Court and shall comply ***** with Rule 1115(a)(7) (content of petition for allowance of (b) Direction to file statement of errors complained of on appeal.). No separate motion to dismiss a petition for appeal; instructions to the appellant and the trial court. If allowance of appeal will be received. A party entitled to the judge entering the order giving rise to the notice of file an answer under this rule who does not intend to do appeal (‘‘judge’’) desires clarification of the errors com- so shall, within the time fixed by these rules for filing an plained of on appeal, the judge may enter an order answer, file a letter stating that an answer to the petition directing the appellant to file of record in the trial court for allowance of appeal will not be filed. The failure to file and serve on the judge a concise statement of the errors an answer will not be construed as concurrence in the complained of on appeal (‘‘Statement’’). request for allowance of appeal. (1) Filing and service.—Appellant shall file of record (b) Children’s fast track appeals.—In a children’s the Statement and concurrently shall serve the judge. fast track appeal, within 10 days after service of a Filing of record and service on the judge shall be in petition for allowance of appeal, an adverse party person or by mail as provided in Pa.R.A.P. 121(a) and may file an answer. shall be complete on mailing if appellant obtains a United ***** States Postal Service [ form ] Form 3817, Certificate of Mailing, or other similar United States Postal Rule 1123. Denial of Appeal; Reconsideration. Service form from which the date of deposit can be ***** verified, in compliance with the requirements set forth in Pa.R.A.P. 1112(c). Service on parties shall be concur- (b) Reconsideration. Applications for reconsideration of rent with filing and shall be by any means of service denial of allowance of appeal are not favored and will be specified under Pa.R.A.P. 121(c). considered only in the most extraordinary circumstances. ***** An application for reconsideration of denial of a petition for allowance of appeal shall be filed with the Prothono- (c) Remand. tary of the Supreme Court within fourteen days after ***** entry of the order denying the petition for allowance of appeal. In a children’s fast track appeal, the applica- (4) In a criminal case, counsel may file of record and tion for reconsideration of denial of a petition for serve on the judge a statement of intent to file an allowance of appeal shall be filed with the Protho- Anders/McClendon brief in lieu of filing a Statement. If, notary of the Supreme Court within 7 days after upon review of the Anders/McClendon brief, the appellate entry of the order denying the petition for allow- court believes that there are arguably meritorious issues ance of appeal. Any application filed under this subdivi- for review, those issues will not be waived; instead, the sion must: appellate court may remand for the filing of a Statement, a supplemental opinion pursuant to Rule 1925(a), or ***** both. Upon remand, the trial court may, but is not CHAPTER 19. PREPARATION AND required to, replace appellant’s counsel. TRANSMISSION OF RECORD AND RELATED ***** MATTERS Official Note: Subdivision (a) The 2007 amendments Rule 1925. Opinion [ is ] in Support of Order. clarify that a judge whose order gave rise to the notice of appeal may ask a prior judge who made a ruling in (a) Opinion in support of order. question for the reasons for that judge’s decision. In such cases, more than one judge may issue separate Rule (1) General rule.—[ Upon ] Except as otherwise 1925(a) opinions for a single case. It may be particularly prescribed by this rule, upon receipt of the notice of important for a judge to author a separate opinion if appeal, the judge who entered the order giving rise to the credibility was at issue in the pretrial ruling in question. notice of appeal, if the reasons for the order do not See, e.g., Commonwealth v. Yogel, 307 Pa. Super. 241, already appear of record, shall forthwith file of record at 243-44, 453 A.2d 15, 16 (1982). At the same time, the least a brief opinion of the reasons for the order, or for basis for some pre-trial rulings will be clear from the the rulings or other errors complained of, or shall specify order and/or opinion issued by the judge at the time the in writing the place in the record where such reasons ruling was made, and there will then be no reason to seek may be found. a separate opinion from that judge under this rule. See, (2) Children’s fast track appeals.—In a children’s e.g., Pa.R.Crim.P. 581(I). Likewise, there will be times fast track appeal: when the prior judge may explain the ruling to the judge whose order has given rise to the notice of appeal in (i) The concise statement of errors complained of sufficient detail that there will be only one opinion under on appeal shall be filed and served with the notice Rule 1925(a), even though there are multiple rulings at of appeal required by Rule 905. See Pa.R.A.P. issue. The time period for transmission of the record is 905(a)(2). specified in Pa.R.A.P. 1931, and that rule was concur-

PENNSYLVANIA BULLETIN, VOL. 39, NO. 5, JANUARY 31, 2009 COURTS 511 rently amended to expand the time period for the prepa- thereof until argument of the case on the merits; or may ration of the opinion and transmission of the record. make such other order as justice may require. ***** (b) In a children’s fast track appeal, a dispositive Rule 1931. Transmission of the Record. motion filed under Paragraphs (a)(1), (a)(2), (a)(5), (a)(6) or (a)(7) of this rule shall be filed within 10 (a) Time for transmission.[ — ] days of the filing of the statement of errors com- (1) General rule—[ The ] Except as otherwise pre- plained of on appeal required by Rule 905(a)(2), or scribed by this rule, the record on appeal, including within 10 days of the lower court’s filing of a Rule the transcript and exhibits necessary for the determina- 1925(a)(2) opinion, whichever period expires last, tion of the appeal, shall be transmitted to the appellate unless the basis for seeking to quash the appeal court within 60 days after the filing of the notice of appears on the record subsequent to the time limit appeal. If an appeal has been allowed or if permission to provided herein, or except upon application and for appeal has been granted, the record shall be transmitted good cause shown. as provided by Rule 1122 (allowance of appeal and ***** transmission of record) or by Rule 1322 (permission to appeal and transmission of record), as the case may be. CHAPTER 21. BRIEFS AND REPRODUCED The appellate court may shorten or extend the time RECORD prescribed by this subdivision for a class or classes of cases. CONTENT OF BRIEFS (2) Children’s fast track appeals.—In a children’s Rule 2113. Reply Brief. fast track appeal, the record on appeal, including the transcript and exhibits necessary for the deter- (a) General rule.—In accordance with Rule 2185(a) mination of the appeal, shall be transmitted to the (Time for Serving and Filing Briefs[ ; General Rule ]), appellate court within 30 days after the filing of the the appellant may file a brief in reply to matters raised notice of appeal. If an appeal has been allowed or if by appellee’s brief and not previously addressed in appel- permission to appeal has been granted, the record lant’s brief. If the appellee has cross appealed, the shall be transmitted as provided by Rule 1122 appellee may file a similarly limited reply brief. (allowance of appeal and transmission of record) or by Rule 1322 (permission to appeal and transmis- ***** sion of record), as the case may be. CONTENT OF REPRODUCED RECORD ***** Rule 2154. Designation of Contents of Reproduced (c) Duty of clerk to transmit the record.—When the Record. record is complete for purposes of the appeal, the clerk of the lower court shall transmit it to the prothonotary of (a) General rule.—Except when the appellant has the appellate court. The clerk of the lower court shall elected to proceed under Subdivision (b) of this rule, or number the documents comprising the record and shall as otherwise provided in Subdivision (c) of this transmit with the record a list of the documents corre- rule, the appellant shall not later than 30 days before spondingly numbered and identified with reasonable defi- the date fixed by or pursuant to Rule 2185 (time for niteness. Documents of unusual bulk or weight and serving and filing briefs) for the filing of his or her brief, physical exhibits other than documents shall not be serve and file a designation of the parts of the record transmitted by the clerk unless he or she is directed to which he or she intends to reproduce and a brief do so by a party or by the prothonotary of the appellate statement of issues which he or she intends to present court. A party must make advance arrangements with the for review. If the appellee deems it necessary to direct the clerk for the transportation and receipt of exhibits of particular attention of the court to parts of the record not unusual bulk or weight. Transmission of the record is designated by the appellant, the appellee shall, within ten effected when the clerk of the lower court mails or days after receipt of the designations of the appellant, otherwise forwards the record to the prothonotary of the serve and file a designation of those parts. The appellant appellate court. The clerk of the lower court shall indi- shall include in the reproduced record the parts thus cate, by endorsement on the face of the record or designated. In designating parts of the record for repro- otherwise, the date upon which the record is transmitted duction, the parties shall have regard for the fact that the to the appellate court. entire record is always available to the court for reference ***** and examination and shall not engage in unnecessary designation. DISPOSITION WITHOUT REACHING THE MERITS Rule 1972. Dispositions on Motion. (b) Large records.—If the appellant shall so elect, or if the appellate court has prescribed by rule of court for (a) Except as otherwise prescribed by this rule, classes of matters or by order in specific matters, prepa- [ Subject ] subject to Rule 123 (applications for relief), ration of the reproduced record may be deferred until any party may move: after the briefs have been served. Where the appellant ***** desires thus to defer preparation of the reproduced record, the appellant shall, not later than the date on Any two or more of the grounds specified in this rule which his or her designations would otherwise be due may be joined in the same motion. Unless otherwise under Subdivision (a), serve and file notice that he or ordered by the appellate court, a motion under this rule she intends to proceed under this subdivision. The provi- shall not relieve any party of the duty of filing his or her sions of Subdivision (a) shall then apply, except that the briefs and reproduced records within the time otherwise designations referred to therein shall be made by each prescribed therefore. The court may grant or refuse the party at the time his or her brief is served, and a motion, in whole or in part; may postpone consideration statement of the issues presented shall be unnecessary.

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(c) Children’s fast track appeals. appellee’s first brief. Except as prescribed by Rule 2187(b) (1) In a children’s fast track appeal, the appellant (advance text of briefs), each brief shall be filed not later shall not later than 23 days before the date fixed by than the last day fixed by or pursuant to this rule for its or pursuant to Rule 2185 (time for serving and service. Briefs shall be deemed filed on the date of filing briefs) for the filing of his or her brief, serve mailing if first class, express, or priority United States and file a designation of the parts of the record Postal Service mail is utilized. which he or she intends to reproduce and a brief (2) Children’s fast track appeals. statement of issues which he or she intends to (i) In a children’s fast track appeal, the appellant present for review. If the appellee deems it neces- shall serve and file appellant’s brief within 30 days sary to direct the particular attention of the court after the date on which the record is filed, if no to parts of the record not designated by the appel- other date is so fixed. The appellee shall serve and lant, the appellee shall, within 7 days after receipt file appellee’s brief within 21 days after service of of the designations of the appellant, serve and file a appellant’s brief and reproduced record. A party designation of those parts. The appellant shall in- may serve and file a reply brief permitted by these clude in the reproduced record the parts thus rules within 7 days after service of the preceding designated. In designating parts of the record for brief but, except for good cause shown, a reply reproduction, the parties shall have regard for the brief must be served and filed so as to be received fact that the entire record is always available to the at least 3 days before argument. In cross appeals, court for reference and examination and shall not the second brief of the deemed or designated appel- engage in unnecessary designation. lant shall be served and filed within 21 days of (2) In a children’s fast track appeal, the provi- service of the deemed or designated appellee’s first sions of Subdivision (b) shall not apply. brief. Briefs shall be deemed filed on the date of ***** mailing if first class, express, or priority United States Postal Service mail is utilized. FORM OF BRIEFS AND REPRODUCED RECORD (ii) In a children’s fast track appeal, the provi- Rule 2172. Covers. sions of Subdivisions (b) and (c) of this Rule shall ***** not apply. (b) Children’s fast track appeals.—In a children’s ***** fast track appeal, the front cover shall include a (c) Definitive copies.—If the record is being reproduced statement advising the appellate court that the pursuant to Rule 2154(b) (large records) the brief served appeal is a children’s fast track appeal. pursuant to Subdivision (a) of this rule may be typewrit- [ (b) ] (c) Reproduced record.—If the reproduced record ten or page proof copies of the brief, with appropriate is bound separately, the cover thereof shall be the same references to pages of the parts of the original record as provided in Subdivision (a), except that in place of the involved. Within 14 days after the reproduced record is information set forth in Paragraph (a)(4) of this rule there filed each party who served briefs in advance form under shall appear ‘‘Reproduced Record’’ or ‘‘Supplemental Re- this subdivision shall serve and file definitive copies of produced Record,’’ as the case may be. his or her brief or briefs containing references to the pages of the reproduced record in place of or in addition [ (c) ] (d) Repetition in body of document.—Unless to the initial references to the pages of the parts of the expressly required by these rules, none of the material set original record involved (see Rule 2132 (references in the forth in Subdivisions (a) and (b) shall be repeated in the briefs to the record)). No other changes may be made in brief or reproduced record. the briefs as initially served, except that typographical errors may be corrected. [ (d) ] (e) Cover stock.—The covers of all briefs and reproduced records must be so light in color as to permit ***** writing in ink thereon to be easily read and so firm in CHAPTER 25. POST-SUBMISSION PROCEEDINGS texture that the ink will not run. APPLICATION FOR REARGUMENT ***** Rule 2542. Time for Application for Reargument. FILING AND SERVICE Manner of Filing. Rule 2185. Time for Serving and Filing Briefs. (a) Time.[ — ] (a) Time for serving and filing briefs. (1) General rule.—[ An ] Except as otherwise pre- (1) General [ Rule ] rule.—[ The ] Except as other- scribed by this rule, an application for reargument wise provided by this rule, the appellant shall serve shall be filed with the prothonotary within 14 days after and file appellant’s brief not later than the date fixed entry of the judgment or other order involved. pursuant to Subdivision (b) of this rule, or within 40 days (2) Children’s fast track appeals.—In a children’s after the date on which the record is filed, if no other date fast track appeal, an application for reargument is so fixed. The appellee shall serve and file appellee’s shall be filed with the prothonotary within 7 days brief within 30 days after service of appellant’s brief and after entry of the judgment or other order involved. reproduced record if proceeding under Rule 2154(a). A party may serve and file a reply brief permitted by these ***** rules within 14 days after service of the preceding brief Rule 2545. Answer to Application for Reargument. but, except for good cause shown, a reply brief must be served and filed so as to be received at least three days (a) General rule.—[ Within ] Except as otherwise before argument. In cross appeals, the second brief of the prescribed by this rule, within 14 days after service of deemed or designated appellant shall be served and filed an application for reargument, an adverse party may file within 30 days of service of the deemed or designated an answer. The answer shall be deemed filed on the date

PENNSYLVANIA BULLETIN, VOL. 39, NO. 5, JANUARY 31, 2009 COURTS 513 of mailing if first class, express, or priority United States Postal Service mail is utilized. The answer need not be Title 255—LOCAL set forth in numbered paragraphs in the manner of a pleading. The answer shall set forth any procedural, COURT RULES substantive or other argument or ground why the court CARBON COUNTY should not grant reargument. No separate motion to dismiss an application for reargument will be received. A Amendment of Civil Procedure 1303—Arbitration party entitled to file an answer under this rule who does Hearing and Notice; No. 04-1727 not intend to do so shall, within the time fixed by these rules for filing an answer, file a letter stating that an Administrative Order No. 7-2009 answer to the application for reargument will not be filed. And Now, this 16th day of January, 2009, it is hereby The failure to file an answer will not be construed as Ordered and Decreed that, effective March 1, 2009, concurrence in the request for reargument. Carbon County Rule of Civil Procedure CARB.R.C.P. 1303 governing the Hearing and Notice in arbitration cases be (b) Children’s fast track appeals.—In a children’s and is hereby Amended as attached hereto. fast track appeal, within 7 days after service of an application for reargument, an adverse party may The Carbon County District Court Administrator is file an answer. The answer shall be deemed filed on Ordered and Directed to do the following: the date of mailing if first class, express, or priority 1. File seven (7) certified copies of this Administrative United States Postal Service mail is utilized. The Order with the Administrative Office of Pennsylvania answer need not be set forth in numbered para- Courts. graphs in the manner of a pleading. The answer shall set forth any procedural, substantive or other 2. File two (2) certified copies and one (1) diskette with argument or ground why the court should not the Legislative Reference Bureau for publication in the grant reargument. No separate motion to dismiss Pennsylvania Bulletin. an application for reargument will be received. A 3. File one (1) certified copy with the Pennsylvania party entitled to file an answer under this rule who Civil Procedural Rules Committee. does not intend to do so shall, within the time fixed by these rules for filing an answer, file a letter 4. Forward one (1) copy for publication in the Carbon stating that an answer to the application for County Law Journal. reargument will not be filed. The failure to file an answer will not be construed as concurrence in the 5. Forward one (1) copy to the Carbon County Law request for reargument. Library. 6. Keep continuously available for public inspection REMAND OF RECORD copies of the Order in the Prothonotary’s Office. Rule 2572. Time for Remand of Record. By the Court ROGER N. NANOVIC, ***** President Judge Official Note: Subdivision (a) is based upon former Rule 1303—Hearing. Notice. Commonwealth Court Rule 115A. Former Superior Court Rule 58 permitted the record to be returned to the lower Notice of the appointment of arbitrators and the date, court before the order became final upon expiration of the time and place of arbitration in accordance with Pa.R.C.P. time to petition for allowance of appeal. 1303 shall be made by the Prothonotary’s Office. The Notice shall include the following language: ‘‘The matter Subdivision (b) extends the ten day period of former will be heard by a board of arbitrators at the time, date, Supreme Court Rule 67 to 14 days to conform to the 14 and place specified but, if one or more of the parties is day period for applying for reargument under Rule not present at the hearing, the matter may be heard at 2542(a)(1) (time for application for reargument). the same time and date before a judge of the court without the absent party or parties. There is no right to a ***** trial de novo on appeal from a decision entered by a judge.’’ ARTICLE III. MISCELLANEOUS PROVISIONS All continuance requests must be filed no later than CHAPTER 37. BUSINESS OF THE seven (7) days before the scheduled Arbitration hearing. COMMONWEALTH COURT The attorney/party must notify all other attorneys/pro se parties and members of the panel of the granting of the ARGUMENT BEFORE COURT EN BANC OR A continuance motion. In the event such notice is not PANEL provided and a panel member appears, the defaulting party shall be responsible for paying the panel member Rule 3723. Application for Reargument en Banc. the current arbitration fee of $150.00. Any continuances requested within the seven (7) days of the scheduled ***** Arbitration hearing shall require the personal appearance of the attorney/pro se party before the Judge to explain Official Note: Based on former Commonwealth Court the extenuating circumstances necessitating the late fil- Rule 43. The time for applying for reargument is in- ing. creased from ten to 14 days. See Rule 2542(a)(1) (time for application for reargument). Any appointed arbitrator must notify Court Administra- [Pa.B. Doc. No. 09-148. Filed for public inspection January 30, 2009, 9:00 a.m.] tion of their inability to serve within ten (10) days of the scheduled event so that a suitable replacement can be secured.

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If a case is settled less than two (2) days before the se parties. Certification shall be on a separate piece of Arbitration hearing, one of the attorneys/pro se parties paper, attached to the petition at the end thereof. If must appear before the Board of Arbitrators and have an concurrence or non-concurrence cannot be secured after Award entered by agreement. If it is settled more than reasonable efforts, the petition may be filed without said two (2) days before the Arbitration hearing, Plaintiff’s certification, but the petitioner shall thereafter have a attorney/Plaintiff must file a praecipe to strike the case continuing duty to file such a certification within a from the arbitration list because the case is settled and reasonable time. must notify all other attorneys/pro se parties and the panel members. In the event counsel fails to appear and 5. The Petitioner shall attach to the Petition a pro- advise the Board of the settlement award or to provide posed order substantially in the form set forth in such notice and a panel member appears, the defaulting Pa.R.C.P. No. 206.5(d). party shall be responsible for paying the panel member 6. At the time the petition is time-stamped, a copy of the current arbitration fee of $150.00. the petition, together with a copy of the proposed order, [Pa.B. Doc. No. 09-149. Filed for public inspection January 30, 2009, 9:00 a.m.] shall be served in accordance with Pa. R.C.P. No. 440. It shall be presumed that members of the Clinton County Bar agree that their mailbox in the Prothonotary’s Office is designated as an appropriate place for service unless they note otherwise on the first page of their pleading. CLINTON COUNTY 7. Any Petition which is insufficient on its face will be Order Amending Rules of Civil Procedure; No returned unsigned to the Prothonotary without further notice to counsel. 114-09 MOTIONS Order Rule 208.2(d) and (e) And Now, this 19th day of January, 2009, It Is Hereby Uncontested Motions/Certification of Concurrence Ordered that all existing Clinton County Rules of Civil Procedure be revoked and the following new Rules All Motions, including any motion pertaining to discov- adopted as set forth hereafter: ery, shall contain a certification by counsel that concurrence in the motion has been sought and that such RULES OF CONSTRUCTION concurrence has been given or denied. Counsel shall take Title and Citation of Rules reasonable steps to secure such concurrence or non- Rule 51.1 concurrence. Concurrence need not be sought of pro se parties. Certification shall be on a separate piece of paper, 1. These rules shall be known as the Clinton County attached to the motion at the end thereof. If concurrence Rules of Civil Procedure and may be cited as ‘‘Clinton or non-concurrence cannot be secured after reasonable R.C.P. No. .’’ efforts, the motion may be filed without said certification, 2. These rules shall govern all proceedings in the civil but the moving party shall thereafter have a continuing division of the Court and shall be construed either duty to file such a certification within a reasonable time. consistent with or subordinate to all rules or decisions of Rule 208.3(a) the Supreme Court of Pennsylvania, the rules of the Motion Practice Judicial Council of Pennsylvania, or any statutes still in effect governing practice and procedure. 1. After a motion has been time-stamped in the Protho- PETITION PROCEDURE notary’s Office, such motion may be presented to the RULE TO SHOW CAUSE Court as follows: Rule 206.4(c) a. Any motion may be presented to an available judge 1. The procedure specified in Pennsylvania Rule of at 8:30 a.m. on any business day or in open court Civil Procedure 206.5 is adopted to govern petition prac- immediately preceding or following any court proceeding. tice in Clinton County. The issuance of a Rule to Show b. Any motion may be delivered to the Court Adminis- Cause shall be discretionary with the Court in accordance trator who shall refer the motion to the appropriate with that Rule. judge. 2. The provisions of this rule shall not be applicable to Preliminary Objections. 2. Counsel shall prepare and submit a proposed order with any motion. 3. After a petition has been time-stamped in the Prothonotary’s Office, such petition may be presented to 3. At the time the motion is time-stamped, a copy of the Court as follows: the motion, together with a copy of the proposed order shall be served in accordance with Pa.R.C.P. No. 440. a. Any petition may be presented to an available judge at 8:30 a.m. on any business day or in open court 4. Any motion which is insufficient on its face will be immediately preceding or following any court proceeding. returned unsigned to the Prothonotary without further notice to counsel. b. Any petition may be delivered to the Court Adminis- trator who shall refer the petition to the appropriate Service by Publication judge. Rule 430.1 4. All petitions shall contain a certification by counsel Service by publication authorized by Pa.R.C.P. No. that concurrence in the petition has been sought and that 430(a) shall be made by publishing a notice of the action such concurrence has been given or denied. Counsel shall one (1) time in one (1) newspaper of general circulation take reasonable steps to secure such concurrence or within Clinton County; proof of publication shall be filed non-concurrence. Concurrence need not be sought of pro with the Prothonotary.

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PLEADINGS c. If the Court requires, the party filing the Prelimi- Notice to Defend. Form. nary Objections shall file a memorandum of law within Rule 1018.1 two (2) weeks from the completion of the supplementation of the record. This memorandum shall be processed as The designated officer to be named in the Notice to stated above. Defend from whom legal help can be obtained as required by Pa.R.C.P. No. 1018.1 shall be: PROCEDURES CONCERNING DISPOSITION OF MOTIONS FOR JUDGMENT ON THE PLEADINGS Court Administrator Rule 1034(a) Court of Common Pleas of Clinton County 230 E. Water Street 1. Procedure Defined Lock Haven, PA 17745 (570) 893-4016 a. Motions for Judgment on the Pleadings shall be accompanied by a memorandum of law which shall be Procedures Concerning Disposition of designated for immediate distribution to the Court and Preliminary Objections not filed of record. Rule 1028(c) b. Service shall be made in conformity with Pa.R.C.P. 1. Procedure Defined No. 440. a. Preliminary Objections shall be accompanied by a memorandum of law which shall be designated for imme- c. All Motions for Judgment on the Pleadings shall be diate distribution to the Court and not filed of record. accompanied by a notice plainly appearing on the face thereof of the date the motion was filed with the Protho- b. Service shall be made in conformity with Pa.R.C.P. notary and advising that a reply memorandum of law No. 440. must be submitted within thirty (30) days from that date. c. All Preliminary Objections shall be accompanied by a The reply memorandum shall not be filed of record. The notice plainly appearing on the face thereof of the date moving party shall also file with the motion an affidavit the motion was filed with the Prothonotary and advising of service which shall state that the notice required by that a reply memorandum of law must be submitted this rule has been given. within thirty (30) days from that date. The reply memo- d. The Prothonotary shall immediately send the motion randum shall not be filed of record. The moving party to the Court Administrator who shall refer the matter to shall also file an affidavit of service which shall state that the appropriate judge. All requests for an extension of the the notice required by this rule has been given. thirty (30) day period to answer such motions must be d. The Prothonotary shall immediately send the Pre- approved by the Court by a motion addressed to the liminary Objections and the accompanying memorandum Court Administrator; no agreement entered into solely by to the Court Administrator who shall refer the matter to the parties will be honored by the Court. the appropriate judge. All requests for an extension of the thirty (30) day period to answer Preliminary Objections e. Any motion subject to this rule which is filed must be approved by the Court by a motion addressed to without an accompanying memorandum may be dis- the Court Administrator; no agreement entered into solely missed. If a reply memorandum has not been filed by the parties will be honored by the Court. pursuant to the notice required by section c of this rule, the Court may dispose of the matter without such e. Any Preliminary Objections filed without the accom- memorandum. panying memorandum may be dismissed. If a reply memorandum has not been filed pursuant to the notice f. If any matter is settled or withdrawn prior to required by section c of this rule, the Court may dispose disposition, the Court Administrator shall be promptly of the matter without such memorandum. advised, and the moving party shall file an appropriate praecipe with the Prothonotary. f. If any matter is settled or withdrawn prior to disposition, the Court Administrator shall be promptly g. The Court in its discretion may grant additional advised, and the moving party shall file an appropriate time in which to file a reply memorandum, request praecipe with the Prothonotary. additional memoranda, call for oral argument, advance g. The Court in its discretion may grant additional the time for filing, or enter an order prior to the time in which to file a reply memorandum, request expiration of the thirty (30) day reply period. additional memoranda, call for oral argument, advance 2. Matters Requiring Factual Supplement to the the time for submitting memoranda, or enter an Order Record. prior to the expiration of the thirty (30) day reply period. 2. Matters Requiring Factual Supplement to the a. In the case of motions based on facts not presently a Record. part of the record, a memorandum of law and notice to opposing parties to file a reply memorandum of law a. In the case of Preliminary Objections challenging within thirty (30) days need not be filed contemporane- jurisdiction or service, a memorandum of law and notice ously with the motion. Instead, the moving party shall to opposing parties to file a reply memorandum of law indicate that additional testimony is required. within thirty (30) days need not be filed contemporane- ously with the Preliminary Objections. Instead, the party b. In all such cases, the moving party shall undertake filing the Preliminary Objections shall indicate that addi- to supplement the record with the necessary facts by tional testimony is required. affidavit, deposition or testimony, as the case may require, within sixty (60) days from the filing of the motion. b. In all such cases, the party filing the Preliminary Objections shall undertake to supplement the record with c. If the Court requires, the moving party shall file a the necessary facts by affidavit, deposition or testimony, memorandum of law within two (2) weeks from the as the case may require, within sixty (60) days from the completion of the supplementation of the record. This filing of the Preliminary Objections. memorandum shall be processed as stated above.

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PROCEDURES CONCERNING DISPOSITION OF such notice. Said notice shall include any proposed sched- MOTIONS FOR SUMMARY JUDGMENT ule of distribution and a statement that the account may Rule 1035.2(a) be confirmed and distribution ordered unless exceptions 1. Procedure Defined are filed with the Prothonotary before that date. a. Motions for Summary Judgment shall be accompa- 2. Service of the aforesaid documents on a party shall nied by a memorandum of law which shall be designated be by personal service or upon counsel of record pursuant for immediate distribution to the Court and not filed of to Pa.R.C.P. No. 440. record. b. Service shall be made in conformity with Pa.R.C.P. MINORS AS PARTIES No. 440. Compromise. Settlement. Discontinuance and c. All motions shall be accompanied by a notice plainly Distribution. appearing on the face thereof of the date the motion was Rule 2039.1 filed with the Prothonotary and advising that a reply memorandum of law must be submitted within thirty (30) 1. A petition for compromise, settlement, or discontinu- days from that date. The reply memorandum shall not be ance of an action to which a minor is a party of record filed of record. The moving party shall also file with the shall recite the factual nature of the minor’s action, the motion an affidavit of service which shall state that the prognosis for the minor’s injuries, the reasons for any notice required by this rule has been given. proposed compromise, settlement, or discontinuance, and d. The Prothonotary shall immediately send the Motion a request for a proposed distribution of the fund. A for Summary Judgment to the Court Administrator who hearing will be scheduled at which the minor shall shall refer the matter to the appropriate judge. All appear and evidence shall be presented as to the extent of requests for an extension of the thirty (30) day period to the minor’s injuries and such other matters as the Court answer such motions must be approved by the Court by a deems necessary. If the petition is accompanied by (1) a motion addressed to the Court Administrator; no agree- written report of a physician based upon an examination ment entered into solely by the parties will be honored by of the minor within thirty (30) days preceding the filing of the Court. the petition, (2) an affidavit of each counsel of record e. Any motion subject to this rule which is filed giving an opinion as to the probabilities of proof of without an accompanying memorandum may be dis- defendant’s negligence, and of the minor’s negligence, if missed. If a reply memorandum has not been filed any, and (3) in the event that the minor is sixteen (16) pursuant to the notice required by section c of this rule, years of age or over, his or her written approval of the the Court may dispose of the matter without such proposed settlement and distribution, the Court may memorandum. approve the proposed compromise, settlement or discon- f. If any matter is settled or withdrawn prior to tinuance, and distribution without the requirement of a disposition, the Court Administrator shall be promptly hearing, if satisfied of the accuracy of the information advised, and the moving party shall file an appropriate presented and that, based upon such information, the praecipe with the Prothonotary. proposed disposition of the action and distribution of the g. The Court in its discretion may grant additional proceeds adequately compensates the minor for the inju- time in which to file a reply memorandum, request ries sustained and expenses incurred. additional memoranda, call for oral argument, advance the time for filing, or enter an order prior to the 2. The petition shall include a detailed statement expiration of the thirty (30) day reply period. outlining attorney fees, if any, the nature of the legal services rendered, and correspondence from any insur- 2. Matters Requiring Factual Supplement to the ance carrier detailing the nature of the negotiations. Record a. In the case of motions based on facts not presently a CONFESSION OF JUDGMENT FOR MONEY part of the record, a memorandum of law and notice to Judgment on Warrant More Than Twenty Years Old opposing parties to file a reply memorandum of law or on Missing or Unsigned Warrant within thirty (30) days need not be filed contemporane- Rule 2952.1 ously with the motion. Instead, the moving party shall indicate that additional testimony is required. An application for leave of Court to enter judgment b. In all such cases, the moving party shall undertake under the circumstances set forth in Pa.R.C.P. No. to supplement the record with the necessary facts by 2952(a)(9) shall be by petition and rule to show cause, affidavit, deposition or testimony, as the case may re- returnable twenty (20) days after service. The petition quire, within sixty (60) days from the filing of the motion. shall set forth that the instrument containing the warrant was duly executed, that the obligation is unpaid, and c. If the Court requires, the moving party shall file a that the obligor is alive. The rule shall be served memorandum of law within two (2) weeks from the personally if the obligor can be found within the Com- completion of the supplementation of the record. This monwealth; if the obligor cannot be found within the memorandum shall be processed as stated above. Commonwealth, he or she shall be served by registered ACTION IN EQUITY mail. If the address of the obligor is unknown, notice of the rule shall be published by the Sheriff once each week Accounting by Fiduciaries for three (3) successive weeks in one newspaper of Rule 1534.1 general circulation within the county. If no answer is filed 1. A fiduciary filing an account pursuant to Pa.R.C.P. within twenty (20) days after service or within five (5) No. 1534 shall give written notice to all parties or their days after the last publication of the notice, the rule may, counsel of record that such account will be presented for on motion, forthwith be made absolute and leave granted confirmation on a date not less than thirty (30) days after to enter judgment in accordance with the warrant.

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ENFORCEMENT OF MONEY JUDGMENTS FOR Clinton County Rules of Criminal Procedure, the Clinton THE PAYMENT OF MONEY County Rules of Civil Procedure, and the Clinton County Writ of Execution. Money Judgments. Notice. Orphans’ Court Rules. Rule 3252.1(b) COURT CALENDAR AND TRIAL SCHEDULE The designated officer to be named in the Notice to find Court in Continuous Session. Court Calendar. out where legal help can be obtained as required by Rule 201 Pa. R.C.P. No. 3252(a) shall be: 1. Court shall be in continuous session throughout the Court Administrator year. Court of Common Pleas of Clinton County 230 E. Water Street 2. Prior to December of each year, the Court by order Lock Haven, PA 17745 will fix the Court calendar for the upcoming year. A copy (570) 893-4016 of this order shall be posted in the Prothonotary’s office and mailed to all attorneys regularly practicing before the DISCOVERY Court. Interrogatories Civil Trial Scheduling Rule 4005 Rule 202 Neither written Interrogatories to a party nor the Answers thereto shall be filed with the Prothonotary 1. The Prothonotary shall keep a ‘‘Trial List’’ book in without leave of Court unless to supplement a Motion. which shall be placed all civil cases that are to be tried both jury and non-jury trials. Production of Documents Rule 4009.1 2. Civil cases shall only be placed upon the trial list by praecipe or by order of Court. Any party who praecipes a Neither Requests for Production of Documents nor the matter for trial shall certify that: responses thereto shall be filed with the Prothonotary without leave of Court unless to supplement a Motion. a. The matter has been at issue more than twenty (20) days; Notice of Intent to Serve Subpoena Rule 1009.21 b. Discovery has been completed; Notice to a person, not a party, of intent to serve a c. There are no pending pre-trial motions; subpoena shall not be filed with the Prothonotary unless to supplement a Motion. d. The matter is not subject to compulsory arbitration or has been appealed therefrom; and This Order shall take effect thirty (30) days after publication in the Pennsylvania Bulletin. e. Whether the matter is to be heard jury or non-jury. By the Court The Prothonotary shall not honor any praecipe for trial that does not contain the above recitals. The J. MICHAEL WILLIAMSON, praecipe shall be served by the moving party upon all President Judge other parties or their counsel of record. [Pa.B. Doc. No. 09-150. Filed for public inspection January 30, 2009, 9:00 a.m.] 3. Cases in which new trials have been granted shall be placed at the head of the trial list. All other cases shall be listed in the order in which praecipes are filed, subject to any preference given another case by statute or rule of Court. CLINTON COUNTY 4. At twelve o’clock noon on the last full working day of Order Amending Rules of Miscellaneous Proce- each month, the Prothonotary shall close the list of cases dure; No. 115-09 to be tried and immediately have printed a list showing the cases to be tried divided into two categories: (1) jury Order trials and (2) non-jury trials. And Now, this 19th day of January, 2009, It Is Hereby 5. The trial list shall be posted in the Prothonotary’s Ordered that all existing Clinton County Rules of Miscel- Office, and a copy thereof delivered to the President laneous Procedure be revoked and the following new Judge, to all counsel of record appearing in cases on the Rules adopted as set forth hereafter: list, and to all parties unrepresented by counsel whose SCOPE OF RULES case appears on the list. Title and Citation of Rules Counsel’s Pre-Trial Conference (Civil Jury Trials) Rule 101 Rule 203 These rules shall be known as the Clinton County 1. Within twenty (20) days of the posting of the civil Rules of Miscellaneous Procedure and may be cited as jury trial list, plaintiff’s counsel shall contact all other ‘‘Clinton R.M.P. No. .’’ counsel to arrange for a pre-trial conference between counsel which shall be completed within forty-five (45) Scope of Rules days of the posting of the aforesaid trial list. Counsel’s Rule 102 conference shall be conducted at the Clinton County These rules shall govern all proceedings in the Court of Courthouse unless all counsel agree to another location. Common Pleas of Clinton County, Pennsylvania, and shall Arrangements for the availability of a room at the be construed either consistent with or subordinate to all Courthouse shall be made through the Court Administra- rules or decisions of the Supreme Court of Pennsylvania, tor. The failure of plaintiff’s counsel to comply with the rules of the Judicial Council of Pennsylvania, any stat- schedule provided herein shall upon motion be grounds utes still in effect governing practice and procedure, the for a non pros.

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2. At counsel’s conference the following matters shall e. Plaintiff’s statement of the legal principles being be accomplished: relied upon to support the case together with an indica- tion as to whether those principles are in dispute as well a. Counsel shall exchange lists of potential witnesses, as a statement of the legal principles being relied upon by their addresses, and a general statement of the proposed all other parties. testimony of each witness. The lists shall indicate which witnesses will be called and which may be called. Only f. A statement of damages as required by Clinton witnesses so listed will be permitted to testify at trial. R.M.P. No. 203(2)(e). b. Counsel shall examine, number, and list all exhibits g. Any stipulation of fact which the parties have agreed which they intend to introduce and use at trial, whether upon for use at trial including any waivers of specific during the case in chief or in rebuttal. Exhibits shall be claims or defenses. marked by using the labels then in use by the Court. Any h. Concise trial briefs regarding the anticipated legal party may use at trial any exhibit listed by any other issues to be presented at trial. When any portion of a party. Only exhibits so listed and numbered will be trial brief relies upon an unreported opinion, photocopies admitted into evidence at trial. Counsel shall make a of that opinion shall be attached to the briefs. good faith attempt to agree as to the authenticity and admissibility of exhibits which have been listed and i. A concise statement, in narrative form, from each marked. If such an agreement cannot be reached, the party as to the basic facts intended to be proven at trial. objecting party shall state in detail the reasons for an j. Proposed special verdict questions which any party objection together with any authorities in support of that anticipates submitting at the time of trial. position. 2. If any party disagrees with any representation made c. Counsel shall agree upon a brief factual statement of in plaintiff’s report of counsel’s conference, a written the case to be read to the jury as a part of voir dire and objection to said report shall be submitted to the assigned submit proposed questions to be used by the Court or Judge within ten (10) days of the filing of plaintiff’s counsel in conducting voir dire. report. d. Each party shall submit to the other parties, in Pre-Trial Conference writing, the principles upon which they intend to rely at Rule 205 trial. If the parties disagree as to the applicability of a 1. If no objections are filed to the Report of Counsel’s particular legal principle, a statement shall be prepared Pre-Trial Conference within the time limits prescribed by indicating the nature of said disagreement and each Clinton R.M.P. No. 204(2), the Court Administrator shall party’s respective position. forthwith schedule the matter for a pre-trial conference e. Each party claiming damages shall submit to the between the assigned Judge and counsel. This conference party against whom the claim is asserted, an itemized list shall be attended by counsel who are expected to try the of special damages together with a list of the categories of case and who shall either be authorized to enter into a general damages being sought and the estimated value of settlement agreement or who shall have in attendance, in said general damages. person or readily available by telephone, such persons who are empowered to enter into a settlement agreement. f. Counsel shall explore in depth the prospects for The Judge and counsel shall discuss the report of coun- settlement and if a settlement cannot be achieved be sel’s conference, any possible simplification of the issues, prepared to explain to the Court the areas of difference in the possible bifurcation of the trial, limitations on the arriving at a settlement. number of expert witnesses, the prospects of settlement, Report of Counsel’s Pre-Trial Conference and such other matters as may aid in the trial or Rule 204 disposition of the action. 2. If a party fails to cooperate in the conduct of the 1. Within ten (10) days of the completion of counsel’s pre-trial proceedings mandated by Clinton R.M.P. Nos. conference, plaintiff’s counsel shall prepare a report 203, 204, and 205, including but not limited to, failure to thereof and submit the same to the assigned Judge and attend any scheduled conference and/or the inadequate counsel. To the extent the report requires information and preparation of required documents, such failure shall be rules of law pertaining to defendant’s case, it shall be the deemed to be grounds for the entry of a judgment of non responsibility of defendant’s counsel to provide plaintiff’s pros or other appropriate default relief. counsel with such data. The report shall contain the following: ARBITRATION AND AWARD a. A statement of the date and place where counsel’s Compulsory Submission conference was held. Rule 401 All cases which are at issue where the amount in b. A list of all prospective witnesses and accompanying controversy is Fifty Thousand ($50,000.00) Dollars or less, data as required by Clinton R.M.P. No. 203(2)(a). except those involving title to real estate, shall first be c. A list of all exhibits which have been examined, submitted to and heard by a Board of three members of numbered and listed in accordance with Clinton R.M.P. the Bar of this Court, as provided by 42 Pa.C.S.A. 7361. No. 203(2)(b). Each numbered exhibit shall be briefly but Unless a party has demanded a jury trial, the President adequately identified on this list together with an indica- Judge may dispense with compulsory arbitration and tion as to whether the exhibit’s admissibility is being order the matter tried as a non-jury trial. At such contested. If an exhibit’s admissibility is in dispute the non-jury trial, the parties may proceed pursuant to objecting party’s statement of reasons for the objection Pa.R.C.P. 1305 with respect to evidentiary matters. shall be included. Arbitrators d. The agreed upon brief statement of facts to be read Rule 402 to the jury for voir dire purposes together with each 1. All members of the Clinton County Bar shall consti- party’s proposed questions for voir dire. tute the Board of Arbitrators and all members shall act

PENNSYLVANIA BULLETIN, VOL. 39, NO. 5, JANUARY 31, 2009 COURTS 519 as arbitrators. No two members from the same firm or made, the date of service, and the number of miles office, or related by blood or marriage, shall serve on the actually traveled in making service. same board, unless this requirement is waived in writing 2. Every bill of costs shall be verified on oath or by all parties in interest or their counsel. affirmation of the party filing it or their agent or attorney 2. The Prothonotary shall maintain, in alphabetical that the witnesses named were actually present in Court order, a list of all members of the Bar. Upon the filing of on the dates stated and that they were material wit- a praecipe for arbitration, the Prothonotary shall submit nesses. a list of five names to the plaintiff or the attorney for the 3. All bills of costs shall be filed, a copy thereof served plaintiff. In the event there are additional parties to the on the adverse party, and proof of service filed within ten proceeding, the Prothonotary shall add an additional (10) days after the trial or continuance. name for each additional party. This list shall be in the 4. Any party upon whom a bill of costs has been served order in which the names appear on the Prothonotary’s may, within five (5) days after such service, file exceptions list, passing those who are disqualified to the next and request a hearing. Failure to file timely exceptions qualified. The plaintiff may strike one member from the shall be deemed a waiver of all objections to the bill as list and forward the list to the defendant who may filed. The collection of costs will be stayed until the trial likewise strike one member. In the event of an additional judge has decided the matter. party or parties, the defendant shall forward the list to that party who may likewise strike one member. When all Termination of Inactive Cases parties have exercised the right to strike, the list shall be Rule 801 returned to the Prothonotary. In the event a party or As required by Pa.R.J.A. No. 1901, the following proce- parties do not exercise the right to strike, the first three dure shall be followed regarding matters that have been remaining members shall constitute the Board and the inactive for an unreasonable period of time: first shall be the chairperson. Any stricken member, as well as any disqualified member, shall, in alphabetical 1. An ‘‘inactive matter’’ means any civil or criminal order, be at the head of the list for the next and/or proceeding filed in the Court or with any Magisterial subsequent cases. District Judge in which no action has been taken for a continuous period of twenty-four (24) months. Consolidation of Actions 2. In the month of January of each year, the Prothono- Rule 403 tary or Clerk of Courts shall provide the Court Adminis- When the same transaction or occurrence, or series of trator with a written list of all pending inactive matters transactions or occurrences, gives rise to more than one which were initiated in their respective offices earlier cause of action and separate actions have been com- than the third calendar year preceding the year in which menced, all such actions shall be consolidated for arbitra- the list is being prepared. Said written list shall contain tion, referred to the same board of arbitration, and heard the following information: together, unless the amount in controversy in one or more a. Number and term of the matter. of the actions exceeds Twenty-Five Thousand ($25,000.00) Dollars, in which case, none of them shall be submitted to b. Names and record addresses of the parties. arbitration except by the agreement of all parties in c. Names and addresses of counsel of record. writing. It shall be the duty of every board of arbitration, d. Type of action if a civil matter. before proceeding with the hearing, to ascertain whether e. Charges against the defendant if a criminal matter. or not any such separate action has been commenced. 3. Upon receipt of the aforesaid list of inactive matters, Place of Hearing the Court Administrator shall review the same with the Rule 404 President Judge, who shall, on his own motion, issue an All hearings shall be held in the Clinton County Order directing the parties to show cause why the matter Courthouse. should not be terminated and stating that for failure to do so the case will be dismissed without prejudice. Such Fees of Arbitrators Order shall fix the date for hearing and shall provide for Rule 405 at least thirty (30) days’ notice in the manner provided in The fee of the chairperson shall be Two Hundred Pa.R.J.A. No. 1901(c). ($200.00) Dollars. The fee of each other arbitrator shall be 4. Unless otherwise ordered, record costs in any dis- One Hundred Seventy-Five ($175.00) Dollars. These fees missed criminal case shall be taxed to the county, and in shall be applicable in all cases, including those which any other case to the plaintiff, petitioner, or party have been consolidated as provided under Clinton R.M.P. initiating the proceeding. 403. In cases requiring lengthy hearings or involving 5. On or before March 1st of each year, each Magiste- unusual questions of law or fact, the Court may, on rial District Judge, after at least thirty (30) days’ written petition of the arbitrators, increase the fees to an amount notice to parties and counsel, shall dismiss inactive which will reasonably compensate them for the services matters without prejudice, and shall on or before May 1st performed. of each year transmit to the Court Administrator a COSTS written report of any inactive matters which have not been dismissed. Bill of Costs Rule 701 This Order shall take effect thirty (30) days after publication in the Pennsylvania Bulletin. 1. Every bill of costs shall set forth the names and addresses of the witnesses, the dates of their attendance, By the Court the number of miles actually traveled by each, and the J. MICHAEL WILLIAMSON, places from which mileage is claimed. To the bill of costs President Judge shall be attached any subpoena, endorsed with a return of [Pa.B. Doc. No. 09-151. Filed for public inspection January 30, 2009, 9:00 a.m.] service on oath or affirmation of the person who served it, setting forth the place where service on each witness was

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LUZERNE COUNTY III. PROVISIONS OF REPRESENTATION Order Establishing a Conflict Counsel Pool and A. Circumstance Fee Schedule for the Payment of Conflict Coun- 1. Mandatory sel Certified to Represent Defendants When Representation shall be provided for any financially They are Deemed Ineligible for Representation eligible person who cannot be represented by the Luzerne by the Luzerne County Public Defenders Office County Public Defender’s Office because of a conflict of Due to a Conflict of Interest interest with the Public Defender’s Office. a. is charged with a felony or with a misdemeanor; Order b. is a juvenile alleged to have committed an act of And Now, this 13th day of January, 2009, the Court juvenile delinquency defined in the Juvenile Act; hereby adopts Guidelines for the establishment of a Conflict Counsel Pool and the Rate of Compensation to be c. is charged with a violation of probation, or faces a paid to counsel deemed eligible to be appointed Conflict change of a term or condition of probation; Counsel upon application of Luzerne County, through d. is under arrest, when such representation is re- application of its Public Defender’s Office, with counsel quired by law; fees to be paid through the Luzerne County’s General e. is entitled to appointment of counsel in parole Fund, effective sixty (60) days from the date of this Order. proceedings; It is further ordered that the District Court Administra- f. is charged with a violation of supervised release or tor shall file seven (7) certified copies of this Order and faces modification, reduction, or enlargement of a condi- the following Guidelines, along with a diskette with the tion, or extension or revocation of a term of supervised Administrative Office of Pennsylvania Courts, two (2) release; certified copies of this Order and the following Guidelines along with a diskette to the Legislative Reference Bureau g. is subject to a mental condition hearing; for publication in the Pennsylvania Bulletin, one (1) h. is in custody as a material witness; certified copy to the Criminal Procedural Rules Commit- tee, one (1) certified copy to the Judicial Council of i. is seeking to set aside or vacate a death sentence; Pennsylvania Statewide Rules Committee, and one (1) j. is entitled to appointment of counsel under the copy to the Luzerne Legal Register for publication in the Pennsylvania Constitution; next issue. k. faces loss of liberty in a case and state law requires It is further ordered that this Order and Guidelines the appointment of counsel; shall be kept continuously available for public inspection l. faces termination of parental rights; or and copying in the Luzerne County Clerk of Court’s Office. m. drug treatment court defendants. By the Court 2. Discretionary MARK A. CIAVARELLA, Jr., Whenever a Judge determines that the interests of President Judge justice so require, representation may be provided for any financially eligible person who cannot be represented by CONFLICT COUNSEL GUIDELINES the Luzerne County Public Defender’s Office because of a I. STATEMENT OF GUIDELINES conflict of interest with the Public Defender’s Office: A. Objectives a. is charged with a summary offense for which a sentence to confinement is authorized; 1. The objective of these Guidelines is to attain the ideal of equality before the law for all persons. Therefore, b. is charged with civil or criminal contempt who faces the Guidelines shall be administered so that those ac- loss of liberty; cused of crimes, or otherwise eligible for legal representa- c. has been called as a witness before a grand jury, a tion will not be deprived, because they are financially court, the Pennsylvania Legislature, or a State agency or unable to pay for adequate representation, of any element commission which has the power to compel testimony, of representation necessary to an effective defense. and there is reason to believe, either prior to or during 2. The further objective of these Guidelines is to enu- testimony, that the witness could be subject to a criminal merate the criteria in a way that meet the Conflict prosecution, a civil or criminal contempt proceeding, or Counsel needs of the 11th Judicial District of Pennsylva- face loss of liberty. nia, Court of Common Pleas of Luzerne County. B. When Counsel Shall be Provided B. Compliance Counsel shall be provided to eligible persons as soon as 1. The court, its clerk, the Luzerne County Public feasible after a conflict of representation with the Public Defender’s Office, and appointed private counsel shall Defender’s Office is established and they are taken into comply with the Guidelines as set forth herein. custody, when they appear before a judge, when they are formally charged or notified of charges if formal charges II. DEFINITIONS are sealed, or when a judge otherwise considers appoint- A. ‘‘Appointed counsel’’ includes private attorneys. ment of counsel appropriate under these Guidelines, whichever occurs earliest. B. ‘‘Judge’’ means Judge of the Pennsylvania Court of Common Pleas of Luzerne County. In appointing counsel, the Court shall select an attorney from the panel of private attorneys approved by the C. ‘‘Representation’’ includes counsel and investigative, court, except in extraordinary circumstances where ap- expert, and other services necessary for an adequate pointment of other qualified and experienced counsel defense. becomes necessary.

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Appointment of counsel may be retroactive to include Once counsel is appointed under these Guidelines, representation furnished pursuant to these Guidelines counsel shall continue the representation until the mat- prior to appointment. The Court shall appoint separate ter, including appeals or review by certiorari, is closed; counsel for persons having interests that cannot be until substitute counsel has filed a notice of appearance; represented by the same counsel or when other good until an order has been entered allowing or requiring the cause is shown. person represented to proceed pro se; or until the appointment is terminated by court order. C. Number and Qualifications of Counsel VI. MISCELLANEOUS 1. Number A. Claims a. State Capital Prosecutions. A person charged with a capital offense is entitled to the appointment of two (2) Claims for compensation of private attorneys providing attorneys, at least of whom shall be learned in the law representation under these Guidelines shall be submitted applicable to capital cases and has attained Capital Case on an approved form to the Office of the Luzerne County Certification. Court Administration or the individual appointed by the court to oversee the processing and submission for pay- b. Habeas Corpus Proceedings. A financially eligible ment monies due and owed. That office shall review the person seeking to vacate or set aside a death sentence is claim form for mathematical and technical accuracy and entitled to appointment of one or more qualified attor- for conformity with these Guidelines, and, if correct, shall neys. Due to the complex, demanding, and protracted forward the claim form for the consideration of the nature of death penalty proceedings, judicial officers appropriate judge. The court will exert its best effort to should consider at least two counsel. avoid delays in reviewing payment vouchers and in D. Eligibility for Representation submitting them for further processing. 1. Fact Finding VII. EFFECTIVE DATE The determination of eligibility for representation un- This Plan shall become effective sixty (60) days from der these Guidelines is a judicial function to be performed the date of this Order. by a judge after Petition for Appointment of Conflict HOURLY FEE SCHEDULE Counsel is presented to the President Judge or his designee and a conflict has been established by the (1) Except for Capital Murder cases appointed counsel Luzerne County Public Defender’s Office. shall be paid at a rate of $100.00 per hour, calculated at tenth-of-hour increments with maximum compensation 2. Disclosure of Change in Eligibility limits as set forth herein. If, at any time after appointment, counsel obtains (2) Capital Murder cases appointed counsel shall be information that a client is financially able to make paid at a rate of $170.00 per hour, calculated at tenth-of- payment, in whole or in part, for legal or other services in hour increments with without a maximum compensation connection with his or her representation, and the source limit subject, however, to approval by the trial judge. of the attorney’s information is not protected as privileged (3) Non-Capital Murder cases appointed counsel shall communication, counsel shall advise the court. be paid at a rate of $135.00 per hour, calculated at IV. PRIVATE COUNSEL tenth-of-hour increments with maximum compensation limits as set forth herein. A. Establishment of Conflict Counsel PAYMENT OF COUNSEL/CASE COMPENSATION The existing, previously established panel of attorneys MAXIMUMS who have been acting as conflict counsel are eligible and hereby appointed to provide representation under these (1) Specific Proceedings Guidelines. The court shall review and approve attorneys (i) Felonies (except capital prosecution) for membership on the panel who are deemed competent $7,800 for trial court level to give adequate representation to parties under the $5,600 for appeal Pennsylvania Constitution and Crimes Code. (ii) Non-Capital Murder V. DUTIES OF APPOINTED COUNSEL $10,000 for trial court level A. Standards $7,500 for appeal The services to be rendered a person represented by (iii) Misdemeanors appointed counsel shall be commensurate with those $4,500 for trial court level rendered if counsel were privately employed by the $5,600 for appeal person. (iv) Non-Capital Post-Conviction Proceedings B. Professional Conduct $7,800 for trial court level $5,600 for appeal Attorneys appointed pursuant to these Guidelines shall conform to the highest standards of professional conduct, (v) Capital Post-Conviction Proceedings including, but not limited to the provisions of the Penn- No Maximum compensation limit, subject, however, to sylvania Rules of Professional Conduct. approval by the trial judge. C. No Receipt of Other Payment (vi) Capital Conviction Appeals No Maximum compensation limit, subject, however, to Appointed counsel may not require, request, or accept approval by the trial judge. any payment or promise of payment or any other valuable consideration for representation under the appointment, (vii) Appointed counsel shall also be reimbursed for unless such payment is approved by order of the court. expenses, including mileage authorized and established pursuant to the Luzerne County Mileage Reimbursement D. Continuing Representation Rate.

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(viii) Fees and expenses paid for investigative, expert, (6) Mental Competency Hearings—$100.00 per hour and other reasonably necessary services shall not exceed $7,500 in any case, unless payment in excess of that limit (7) Civil or Criminal Contempt (where the person faces is certified by the court, as necessary to provide fair loss of liberty)—$100.00 per hour compensation for services of an unusual character or (8) Witness (before a grand jury, a court, the Pennsyl- duration, and the amount of the excess payment is vania Legislature, or a State agency or commission which approved by the President Judge or his or her designee. has the power to compel testimony, where there is a The fee schedule also includes, but is not limited to the reason to believe either prior to or during testimony, that following representations: the witness could be subject to a criminal prosecution, a civil or criminal contempt proceeding, or face loss of (2) Probation Violation—$100.00 per hour liberty)—$100.00 per hour (3) Supervised Release Hearing (for persons charged with a violation of supervised release or facing modifica- (2) APPROVAL OF PAYMENT tion, reduction or enlargement of a condition or extension Prior to payment, all fee and expense reimbursements or revocation of a term of supervised release)—$100.00 shall be approved by the presiding judge. per hour [Pa.B. Doc. No. 09-152. Filed for public inspection January 30, 2009, 9:00 a.m.] (4) Parole Proceedings—$100.00 per hour (5) Material Witness in Custody—$100.00 per hour

PENNSYLVANIA BULLETIN, VOL. 39, NO. 5, JANUARY 31, 2009 523 RULES AND REGULATIONS Title 49—PROFESSIONAL Referees IRRC questioned whether there would be enough quali- AND VOCATIONAL fied referees to officiate all of the matches, if the number of professional and amateur contestants and the number STANDARDS of events held each year is greater than the Commission estimates. IRRC also asked what implementation proce- STATE BOARD OF FUNERAL DIRECTORS dures are in place to ensure that a sufficient number of qualified referees are available for this new form of [ 49 PA. CODE CH. 13 ] competition. Renewal Fee Like IRRC, the Commission also believes that having a [Correction] sufficient number of qualified referees familiar with the In the document which appeared at 39 Pa.B. 414 regulations and other safety protocols is essential to (January 24, 2009) amending § 13.12 (relating to fees), protecting the health and safety of the contestants. The the Fiscal Note information was inadvertently omitted. Commission has begun the process of cross-training some The text of the Fiscal Note should have read as follows: of its currently-licensed professional boxing referees to referee mixed martial arts (MMA) events, by sending the Fiscal Note: Fiscal Note 16A-4817 remains valid for Pennsylvania officials to training programs in New Jersey the final adoption of the subject regulation. and Ohio. The athletic commissions of those two neigh- [Pa.B. Doc. No. 09-1657-111. Filed for public inspection January 23, 2009, 9:00 a.m.] boring states have adopted MMA rules very similar to those adopted by this rulemaking. When training of MMA officials begins in this Commonwealth, the Commission will utilize as instructors a list of referees and judges licensed in Ohio and New Jersey who are specifically recommended to the Commission by the athletic commis- Title 58—RECREATION sions of these states. The Commission also retains a list of qualified referees and judges from New Jersey and STATE ATHLETIC COMMISSION Ohio who would be available for licensure and work in [ 58 PA. CODE CH. 29 ] this Commonwealth if needed. Finally, under § 29.17(c) (relating to promoter licensing and bonding require- Mixed Martial Arts ments), the Commission reserves the right to limit the number of MMA events per month to ensure the proper The State Athletic Commission (Commission) amends regulation of each event. its regulations to add Chapter 29 (relating to mixed martial arts) to read as set forth in Annex A. IRRC also questioned whether the rules for boxing referees found in § 21.11 (relating to referees), which Notice of proposed rulemaking was published at 38 apply to MMA referees, are sufficient to ensure that Pa.B. 2155 (May 10, 2008). Publication was followed by a MMA referees are adequately trained and prepared to 30-day public comment period, during which the Commis- officiate an MMA contest. sion received no public comments or comments on the proposed regulations from the House or Senate State The existing rules in § 21.11 are sufficient to protect Government Committees (Committees). The Independent contestant health, safety and welfare in MMA events. The Regulatory Review Commission (IRRC) submitted com- referee rules are quite detailed in their scope and provide ments to the proposed rulemaking on July 9, 2008. that referees serve an apprenticeship of at least 3 months, as well as work and undergo instruction under A. Effective Date the direction of licensed officials under conditions and occasions that the Commission designates. See The final-form rulemaking will be effective February § 21.11(b)(2). The powers and duties of the referees are 27, 2009. clearly spelled out in the regulation in § 21.11(c), and B. Statutory Authority include the requirement to continually and carefully observe the physical condition of the participants. The final-form rulemaking is authorized under section Whether the event is boxing, kickboxing or mixed martial 5 Pa.C.S. § 103(b)(1) (relating to duties of commission), arts, the referee has full and final responsibility (either at which authorizes the Commission to establish policy and his own discretion or upon direction from the attending promulgate rules and regulations regarding professional physician) to immediately halt a contest when the safety and amateur boxing contests and exhibitions and all of a participant is jeopardized. See § 21.11(c)(6). Referees matters pertaining thereto. The regulations are further have absolute authority to interrupt a round in the event authorized by 5 Pa.C.S. § 302 (relating to definitions), of injury to a participant and request that the attending which defines boxing as ‘‘the act of attack and defense physician examine and rule upon the condition of the with the fists, practiced as a sport. The term includes all injured contestant. See § 21.11(c)(7). The Executive Di- variations of the sport permitting or using other parts of rector of the Commission is charged with training, super- the human body, including, but not limited to, the foot, vision, ensuring adherence to procedures and monitoring knee, leg, elbow or head.’’ operations of officials. See 5 Pa.C.S. § 105(3) and § 3.1(b) C. Comments Received and (e). The Commission, through its Executive Director, will make its expectations clear to all referees in the The only comments received were from IRRC. The course of mandatory training and will not permit those Commission responds to all IRRC’s comments in the who are unable to satisfactorily perform the duties re- order in which they were raised: quired under § 21.11 to act as referees.

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Commission approvals The Commission has made this change by adding text IRRC noted several places in the regulations which to those sections making it clear that the form may be state that approval from the Commission is needed for obtained by request from the Commission office or on-line contestant equipment, ring set-up and other match- at the Commission’s web site at www.dos.state.pa.us/sac. related items, and asserted that it is not clear how these Cleaning of ring or fenced area approvals will be granted by the Commission. IRRC IRRC wrote that § 29.4(d) requires the promoter to recommended that the final-form regulations should spe- ‘‘thoroughly clean’’ the ring area after each match and cifically state how contestants and promoters must obtain that the final-form regulation should specify acceptable the approvals required through these regulations. methods for cleaning the ring and whether the Commis- The Commission’s existing regulations are replete with sion intends for the ring area to be disinfected or merely the requirement for Commission approval on most aspects washed down between matches. of competition: from boxer-manger contracts (§ 21.1(d)); the time, place and duration of events (§ 21.4(g) and Because there will be more competitor skin contact § 5.2(b)); matchups (§ 3.1(h)); ring flooring material and with the mat in mixed martial arts than in boxing, the deviations to the ring size (§ 21.3); gloves and other ring area is to be both cleaned and disinfected between equipment (§ 21.4(d) and § 21.8(m)(4)); changes to an matches. The Commission has made this change to already-established program (§ 21.4(h)), to name a few. require disinfection, as well as cleaning, of the ring or The existing boxing regulations, which will apply to fenced area. The Commission finds it unnecessary to mixed martial arts unless otherwise provided under specify acceptable methods for cleaning the ring, although Chapter 29, do not always specify the manner of ap- it notes that typical methods of cleaning are wiping and proval. The type and manner of Commission approval mopping. varies with the event or object to be approved. Typically, Duration of rounds Commission approvals of contracts, events permits, and IRRC commented that § 29.5(a) and (b) include the duration of rounds are done well ahead of the event and phrase ‘‘except with the permission of the Commission or in writing. But as the date of the event draws closer, the Executive Director.’’ IRRC questioned whether both approvals are typically done on a verbal basis, due to written and oral permission were permitted and recom- time constraints. The Commission stresses the fluidity of mended that the final-form regulation clarify this point. boxing events: match-ups may change at the last minute as opponents fail to make weight or do not clear medical Permission in these subsections may be either written requirements on the day of the fight. Ring setup occurs or oral. The Commission has made this change. The the morning of the event; gloves and other equipment are Commission has also made this change to the correspond- observed by Commission representatives shortly before ing amateur rules on duration of rounds in § 29.25(a) and the start of each fight. The Commission anticipates that (b). the same time constraints will be present at MMA events Acts constituting fouls/flagrant fouls as well. Additionally, while the Executive Director of the Commission is onsite at and directing nearly every boxing IRRC commented that it is not clear what constitutes a event, the Secretary or the Executive Director may ‘‘flagrant foul’’ under §§ 29.12(a) and 29.29(a), noting that designate Commission or Department staff to act on the term is not defined in this section, in § 29.2 (relating behalf of the Executive Director at events under the to definitions) or in 5 Pa.C.S. § 302 (relating to defini- jurisdiction of the Commission. See § 1.3(g). Therefore, tions). IRRC suggested that this term be defined in the the Commission feels that it is impractical and unduly final-form regulation. restrictive to the Commission and participants alike to The Commission notes that neither the term ‘‘foul’’ nor specify the exact procedures for many of the approvals in ‘‘flagrant foul’’ is defined in Chapter 29, in 5 Pa.C.S. question, including those in §§ 29.4(b)(4), (c)(4) and (6), § 302 or in the Commission’s regulations in § 1.1 (relat- 29.25(a) and (b), and 29.26(a). The Commission also notes ing to definitions). However, a list of fouls for boxing is that the Commission approval language of §§ 29.4(b)(4), provided in § 21.16 (relating to safety code) and for (c)(4) and (6) and 29.25(a) and (b) conforms to similar kickboxing in § 25.6 (relating to weight classes of contes- provisions in the boxing regulations in Chapter 21 (relat- tants). Fouls in boxing, kickboxing and MMA may be ing to professional boxing). However, the Commission will accidental or intentional. A flagrant foul in MMA is an amend §§ 29.9(a)—(d) and 29.27(a)—(f) to conform to intentional foul—using any foul technique enumerated existing boxing language on gloves in § 21.4(d), to pro- under §§ 29.12(b) or 29.29(b) that causes harm or injury vide more clarity and specificity to contestants and to an opponent, after which the injured contestant may promoters. not be able to continue with competition. This concept is Fees already contained in the boxing regulations in § 21.5 (relating to scoring system), in which a boxer may be IRRC noted that § 29.3(b) requires a professional con- disqualified if he ‘‘inflicts, by foul means, a crippling testant to be licensed by the Commission and recom- injury upon his opponent so that the latter is adjudged mended that the Commission add a cross-reference to the incapable of continuing the contest.’’ See § 21.5(c). The appropriate boxing fees. Commission has added this definition to § 29.2 and The Commission has made this change by adding incorporated the language of § 21.5(c). A flagrant foul § 29.3(f) to make clearer that all boxing fees contained in tends to be, but is not always, a stand-alone separate act. Chapter 13 (relating to bonds and fees) of the Commis- An example of a foul which is not flagrant would be one sions’ current regulations apply to MMA events and which is committed inadvertently, in the process of or at licensees, unless otherwise specified by Chapter 29. the end of a legitimate move. Commission-approved forms Promoter licensing and bonding requirements IRRC noted that §§ 29.3(c) and 29.22(d) require debut IRRC questioned whether the 10-day notice required in contestants to complete a ‘‘Commission-approved form.’’ § 29.17(3) should be received by the Commission ‘‘at least IRRC recommended that the final-form regulations 10 days in advance of the event’’ or merely should be should state how this form is obtained. postmarked by that date.

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The Commission clarifies this notice requirement in the (3) The amendments made to the final-form rule- final-form regulation by specifying that notification making do not enlarge the original purpose of the pro- should be received by the Commission at least 10 days in posed rulemaking as published under section 201 of the advance of the event. CDL. With regard to the requirement in § 29.17(3) that (4) These regulations are necessary and appropriate for promoters must receive written approval from the Com- administering and enforcing the authorizing act identified mission to hold the event on the specified date, IRRC in Part B of this Preamble. asked in what time frame the Commission will respond K. Order with the approval. The Commission, acting under the authorizing statute, The approval procedure is the same as what the orders that: Commission presently requires for boxing and kickboxing events. The Commission office typically responds to the (a) The regulations of the Commission, 58 Pa. Code, requests within 1—2 days. are amended by adding §§ 29.1, 29.4, 29.6—29.8, 29.10— 29.16, 29.21, 29.23, 29.24, 29.26, 29.28 and 29.29 to read D. Fiscal Impact and Paperwork Requirements as set forth at 28 Pa.B. 2155; and by adding §§ 29.2, The final-form regulations will have no adverse fiscal 29.3, 29.5, 29.9, 29.17, 29.22, 29.25 and 29.27 to read as impact on the Department of State or the Commission, set forth in Annex A. because the Commission is self-supporting and uses no (b) The Commission shall submit this order, 28 Pa.B. General Fund moneys. While the Commission will incur 2155 and Annex A to the Office of General Counsel and additional costs in enforcing the regulations, the Commis- the Office of Attorney General for approval as required by sion expects revenues generated from the 5% tax on gross law. gate receipts will pay for the enforcement. The regulations will also have no adverse fiscal impact on the (c) The Commission shall certify this order, 28 Pa.B. Commonwealth or its political subdivisions. Any addi- 2155 and Annex A and deposit them with the Legislative tional paperwork requirements upon the Commonwealth Reference Bureau as required by law. or the private sector will be limited to applying for and (d) This order shall take effect on February 27, 2009. maintaining licensure for mixed martial arts licensees CHARLES P. BEDNARIK, (contestants, promoters, referees, judges and timekeep- Chairperson ers). The regulations will have no adverse fiscal impact on the boxers, boxing and wrestling promoters, referees, (Editor’s Note: For the text of the order of the Indepen- judges and timekeepers which the Commission currently dent Regulatory Review Commission relating to this regulates. document, see 39 Pa.B. 104 (January 3, 2009).) F. Sunset Date Fiscal Note: Fiscal Note 16-41 remains valid for the final adoption of the subject regulations. The Commission and the Department monitor the regulations of the Commission on a continuing basis. Annex A Therefore, no sunset date has been assigned. TITLE 58. RECREATION H. Regulatory Review PART I. STATE ATHLETIC COMMISSION Under section 5(a) of the Regulatory Review Act (71 Subpart B. BOXING P. S. § 745.5(a)), on April 24, 2008, the Department submitted copies of the notice of proposed rulemaking, CHAPTER 29. MIXED MARTIAL ARTS published at 38 Pa.B. 2155 to IRRC and the Committees Subchapter A. PROFESSIONAL MIXED MARTIAL for review and comment. ARTS Under section 5.1(j.2) of the Regulatory Review Act (71 § 29.2. Definitions. P. S. § 745.5a(j.2)), these final-form regulations were deemed approved by the Committees on December 17, (a) The following words and terms, when used in this 2008. Under section 5.1(e) of the Regulatory Review Act, chapter, have the following meanings, unless the context IRRC met on December 18, 2008, and approved the clearly indicates otherwise: final-form regulations. Boxing Act—5 Pa.C.S. Part I, Subpart B. I. Additional Information Contestant—A person who engages in mixed martial Individuals who require information about the final- arts competition, either as a professional or as an ama- form rulemaking may contact Gregory P. Sirb, Executive teur. Director of the State Athletic Commission, 2601 North Flagrant foul—An intentional foul, using any foul tech- Third Street, Harrisburg, PA 17110, (717) 787-5720. nique under §§ 29.12(b) or 29.29(b) (relating to acts J. Findings constituting fouls), that causes a crippling injury upon an opponent, so that the injured contestant is adjudged The Commission finds that: incapable of continuing the contest or exhibition. (1) Public notice of intention to adopt these regulations Mixed martial arts—Competition involving the use, was given under sections 201 and 202 of the act of July subject to any applicable limitations set forth in this 31, 1968, (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) chapter, of a combination of techniques from different (CDL) and the regulations promulgated thereunder, 1 disciplines of the martial arts, including grappling, kick- Pa. Code §§ 7.1 and 7.2. ing and striking. (2) A public comment period was provided as required (b) The definitions in sections 101 and 302 of the by law and all comments were considered in drafting this Athletic Code (relating to definitions) are incorporated for final-form rulemaking. the regulatory provisions relating to professional boxing.

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§ 29.3. General requirements. § 29.17. Promoter licensing and bonding require- (a) Professional contests and exhibitions of mixed mar- ments. tial arts must be conducted under the supervision and Mixed martial arts promoters shall: authority of the Commission. (1) Be licensed by the Commission. (b) Professional contestants shall be licensed by the (2) Be required to execute and file a surety bond with Commission. the Commission of not less than $10,000. (c) Debut contestants shall complete a Commission- (3) Notify the Commission in writing of the time, date approved form detailing the contestant’s experience and and location of the event. The notification must be training in mixed martial arts competitions. The form received by the Commission at least 10 days in advance may be obtained by request from the Commission office or of the event. Promoters must receive written approval from the Commission’s web site at http://www.dos.state. from the Commission to hold the event on the specified pa.us/sac. date. The Commission reserves the right to limit the (d) The Commission may review the applicant’s experi- number of mixed martial arts events per month to ensure ence, qualifications, medical records, win-loss record and the proper regulation of each event. training record as part of its determination whether to (4) Submit a written list of all the scheduled match-ups issue or renew any professional mixed martial arts which includes the full names, records and scheduled license. rounds for all contestants. The Commission reserves the (e) Professional mixed martial arts contestants shall be right to limit the number of mixed martial arts bouts covered by insurance which shall be set by Commission scheduled for each event. policy and paid for by the promoter or sponsor of the (5) Submit a list of all officials that may be working event. that event, including referees, judges and timekeepers. (f) The fees specified under Chapter 13 (relating to Officials must be approved by the Commission. Officials bonds and fees) apply to mixed martial arts permits, for professional events must also be licensed by the contestants, promoters and other licensees, except as Commission. otherwise provided in this chapter. Subchapter B. AMATEUR MIXED MARTIAL ARTS § 29.5. Duration of rounds. § 29.22. General requirements. (a) A nonchampionship contest of professional mixed (a) Amateur contestants shall be at least 18 years of martial arts may not exceed three rounds of 5 minutes age. per round witha1minute rest period following each (b) Amateur contests and exhibitions of mixed martial round, except with the written or oral permission of the arts shall be conducted under the supervision and author- Commission or the Executive Director. ity of the Commission. (b) A championship contest of professional mixed mar- (c) Amateur contestants shall be licensed by the Com- tial arts may not exceed five rounds of 5 minutes per mission. round witha1minute rest period following each round, except with the written oral permission of the Commis- (d) Debut amateur contestants shall complete a sion or the Executive Director. Commission-approved form detailing the contestant’s experience and training in mixed martial arts competitions. § 29.9. Equipment. The form may be obtained by request from the Commis- (a) The gloves used in professional mixed martial arts sion office or from the Commission’s web site at http:// contests and exhibitions must be new for all main events. www.dos.state.pa.us/sac. The trainer of the debut contes- The gloves used for all undercard events must be in good tant shall certify that the contestant is skilled enough to condition and approved by the referee and the Executive compete and has never engaged in any type of profes- Director or a designee before and during use or they must sional mixed martial arts event. A professional boxer may be replaced. compete as an amateur in a mixed martial arts event only with the approval of the Commission. (b) Contestants shall wear open finger gloves weighing between 4 to 8 ounces, which shall be supplied by the (e) The Commission may review the applicant’s experi- promoter and approved by the referee and the Executive ence, qualifications, medical records, win-loss record and Director or a designee before and during use. Contestants training record as part of its determination whether to are not permitted to supply their own gloves. issue or renew any amateur mixed martial arts license. (c) Male contestants shall provide and wear a foul- (f) Amateur mixed martial arts contestants shall be proof groin protector during competition. The groin pro- covered by insurance which will be set by Commission tector is subject to examination and approval by the policy and paid for by the promoter or sponsor of the referee and the Executive Director or a designee. event. (d) Female contestants shall provide and wear a chest (g) Amateur contestants shall attend the prebout meet- protector during competition. The chest protector is sub- ing with a designee of the Commission to review all rules ject to examination and approval by the referee and the and regulations of the Commission pertaining to amateur Executive Director or a designee. Female contestants may mixed martial arts. provide and wear a foul-proof groin protector during § 29.25. Duration of rounds. competition. The groin protector is subject to examination and approval by the referee and the Executive Director or (a) A contest of amateur mixed martial arts with a a designee. contestant with three or less amateur bouts may not exceed three rounds of 2 minutes per round with a 1 (e) For each contest or exhibition, the licensed pro- minute rest period between rounds, except with the moter shall provide each contestant’s corner with a clean written or oral permission of the Commission or the water bucket and a stool. Executive Director.

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(b) A contest of amateur mixed martial arts with a (d) Ankle wraps may be used during competition. contestant with more than three amateur bouts may not Ankle wraps are subject to examination and approval by exceed three rounds of 3 minutes per round with a 1 the referee and the Executive Director or a designee. minute rest period between rounds, except with the (e) Male contestants shall provide and wear a foul- written or oral permission of the Commission or the proof groin protector during competition. The groin pro- Executive Director. tector is subject to examination and approval by the § 29.27. Equipment. referee and the Executive Director or a designee. (a) The gloves used in amateur mixed martial arts (f) Female contestants shall provide and wear a chest contests and exhibitions must be new for all main events. protector during competition. The chest protector is sub- The gloves used for all undercard events must be in good ject to examination and approval by the referee and the condition and approved by the referee and the Executive Executive Director or a designee. Female contestants may Director or a designee before and during use or they must provide and wear a foul-proof groin protector during be replaced. competition. The groin protector is subject to examination and approval by the referee and the Executive Director or (b) Amateur contestants shall wear open finger gloves a designee. weighing at least 7 ounces, which shall be supplied by the (g) For each contest or exhibition, the licensed pro- promoter and approved by the referee and the Executive moter shall provide each contestant’s corner with a clean Director or a designee before and during use. Contestants water bucket and a stool. are not permitted to supply their own gloves. [Pa.B. Doc. No. 09-153. Filed for public inspection January 30, 2009, 9:00 a.m.] (c) Contestants shall wear a mouth guard, shin pads and instep pads during competition.

PENNSYLVANIA BULLETIN, VOL. 39, NO. 5, JANUARY 31, 2009 528 NOTICES This reimbursement is authorized under the regulation DEPARTMENT OF at 7 Pa. Code § 25.1 (relating to general), which allows the Secretary of the Department to determine an appro- AGRICULTURE priate reimbursement amount (over $5) on a funds- Holding and Humane Disposition of Stray Unli- available basis. The reimbursement payments will be censed Dogs funded from the Dog Law Restricted Account, from funds which are hereby declared to be ‘‘surplus’’ funds for the The Department of Agriculture (Department) gives no- limited purposes set forth in section 1002(b) of the Dog tice that effective January 1, 2009, it shall increase the Law (3 P. S. § 459-1002(b)). amount it reimburses humane societies and societies for the prevention of cruelty to animals that maintain com- The referenced $30 per dog payments shall be appli- pounds for the humane disposition of stray unlicensed cable to dogs apprehended on or after January 1, 2009, dogs apprehended running at large. The current reim- and will continue on a funds-available basis until further bursement amount is $20 per dog. As of January 1, 2009, notice. the reimbursement amount for the care and disposal of DENNIS C WOLFF, such dogs at the facilities shall increase to $30 per dog. Secretary No other fee will be paid by the Department for the care [Pa.B. Doc. No. 09-154. Filed for public inspection January 30, 2009, 9:00 a.m.] and disposal of stray unlicensed dogs with respect to which this $30 per dog sum is accepted. DEPARTMENT OF BANKING Actions on Applications

The Department of Banking (Department), under the authority contained in the act of November 30, 1965 (P. L. 847, No. 356), known as the Banking Code of 1965; the act of December 14, 1967 (P. L. 746, No. 345), known as the Savings Association Code of 1967; the act of May 15, 1933 (P. L. 565, No. 111), known as the Department of Banking Code; and the act of December 9, 2002 (P. L. 1572, No. 207), known as the Credit Union Code, has taken the following action on applications received for the week ending January 20, 2009. Under section 503.E of the Department of Banking Code (71 P. S. § 733-503.E), any person wishing to comment on the following applications, with the exception of branch applications, may file their comments in writing with the Department of Banking, Corporate Applications Division, 17 North Second Street, Suite 1300, Harrisburg, PA 17101-2290. Comments must be received no later than 30 days from the date notice regarding receipt of the application is published in the Pennsylvania Bulletin. The nonconfidential portions of the applications are on file at the Department and are available for public inspection, by appointment only, during regular business hours. To schedule an appointment, contact the Corporate Applications Division at (717) 783-2253. Photocopies of the nonconfidential portions of the applications may be requested consistent with the Department’s Right-to-Know Law Records Request policy. BANKING INSTITUTIONS Holding Company Acquisitions Date Name of Corporation Location Action 1-8-2009 Penseco Financial Services Scranton Filed Corporation, Scranton, to acquire 100% of Old Forge Bank, Old Forge Consolidations, Mergers and Absorptions Date Name of Bank Location Action 1-8-2009 Penn Security Bank and Trust Scranton Filed Company, Scranton, and Old Forge Bank, Old Forge Surviving Institution: Penn Security Bank and Trust Company, Scranton Branch Applications De Novo Branches Date Name of Bank Location Action 1-15-2009 VIST Bank The Heritage of Green Hills Filed Wyomissing 200 Tranquility Lane Berks County Reading Berks County (Limited Service Facility)

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Date Name of Bank Location Action 1-20-2009 CNB Bank 885 Park Avenue Approved Clearfield Meadville Clearfield County Crawford County The previous branch office will be operated under the fictitious name ‘‘ERIEBANK.’’

Branch Discontinuances Date Name of Bank Location Action 1-20-2009 VIST Bank 1380 Skippack Pike Filed Wyomissing Blue Bell Berks County Montgomery County

SAVINGS INSTITUTIONS

No activity.

CREDIT UNIONS

Branch Applications

De Novo Branches Date Name of Credit Union Location Action 1-20-2009 Glatco Credit Union Spring Grove High School Approved Spring Grove 1490 Roth’s Church Road York County Spring Grove York County

The Department’s web site at www.banking.state.pa.us includes public notices for more recently filed applications. STEVEN KAPLAN, Secretary [Pa.B. Doc. No. 09-155. Filed for public inspection January 30, 2009, 9:00 a.m.]

DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Listing of Tax Collection Districts for Local Tax Enabling Act Districts

In accordance with section 504(a) of the Local Tax Enabling Act (53 P. S. § 6904(a)) (act), the Department of Community and Economic Development gives notice of the establishment of a list of all Tax Collection Districts and the Political Subdivisions in each Tax Collection District. The list follows as Annex A. Electronic copies of the list are available at www.newpa.com. This list will remain in effect until changed by a notice in the Pennsylvania Bulletin. Further information can be obtained from the Department of Community and Economic Development, Governor’s Center for Local Government Services, Commonwealth Keystone Building, 400 North Street, Fourth Floor, Harrisburg, PA 17120-0225, (888) 223-6837, [email protected]. JOHN P. BLAKE, Acting Secretary

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[Pa.B. Doc. No. 09-156. Filed for public inspection January 30, 2009, 9:00 a.m.]

PENNSYLVANIA BULLETIN, VOL. 39, NO. 5, JANUARY 31, 2009 NOTICES 593 DEPARTMENT OF ENVIRONMENTAL PROTECTION Applications, Actions and Special Notices

APPLICATIONS THE CLEAN STREAMS LAW AND THE FEDERAL CLEAN WATER ACT APPLICATIONS FOR NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMITS AND WATER QUALITY MANAGEMENT (WQM) PERMITS This notice provides information about persons who have applied for a new, amended or renewed NPDES or WQM permit, a permit waiver for certain stormwater discharges or submitted a Notice of Intent (NOI) for coverage under a general permit. The applications concern, but are not limited to, discharges related to industrial, animal or sewage waste, discharges to groundwater, discharges associated with municipal separate storm sewer systems (MS4), stormwater associated with construction activities or concentrated animal feeding operations (CAFOs). This notice is provided in accordance with 25 Pa. Code Chapters 91 and 92 and 40 CFR Part 122, implementing The Clean Streams Law (35 P. S. §§ 691.1—691.1001) and the Federal Clean Water Act. Location Permit Authority Application Type or Category Section I NPDES Renewals Section II NPDES New or amendment Section III WQM Industrial, sewage or animal waste; discharge into groundwater Section IV NPDES MS4 individual permit Section V NPDES MS4 permit waiver Section VI NPDES Individual permit stormwater construction Section VII NPDES NOI for coverage under NPDES general permits For NPDES renewal applications in Section I, the Department of Environmental Protection (Department) has made a tentative determination to reissue these permits for 5 years subject to effluent limitations and monitoring and reporting requirements in their current permits, with appropriate and necessary updated requirements to reflect new and changed regulations and other requirements. For applications for new NPDES permits and renewal applications with major changes in Section II, as well as applications for MS4 individual permits and individual stormwater construction permits in Sections IV and VI, the Department, based upon preliminary reviews, has made a tentative determination of proposed effluent limitations and other terms and conditions for the permit applications. These determinations are published as proposed actions for comments prior to taking final actions. Unless indicated otherwise, the Environmental Protection Agency (EPA) Region III Administrator has waived the right to review or object to proposed NPDES permit actions under the waiver provision in 40 CFR 123.24(d). Persons wishing to comment on an NPDES application are invited to submit a statement to the regional office noted before an application within 30 days from the date of this public notice. Persons wishing to comment on a WQM permit application are invited to submit a statement to the regional office noted before the application within 15 days from the date of this public notice. Comments received within the respective comment periods will be considered in the final determinations regarding the applications. Comments should include the name, address and telephone number of the writer and a concise statement to inform the Department of the exact basis of a comment and the relevant facts upon which it is based. The Department will also accept requests for a public hearing on applications. A public hearing may be held if the responsible office considers the public response significant. If a hearing is scheduled, a notice of the hearing will be published in the Pennsylvania Bulletin and a newspaper of general circulation within the relevant geographical area. The Department will postpone its final determination until after a public hearing is held. Persons with a disability who require an auxiliary aid, service, including TDD users, or other accommodations to seek additional information should contact the Department through the Pennsylvania AT&T Relay Service at (800) 654-5984.

I. NPDES Renewal Applications

Northeast Region: Water Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790. NPDES No. Facility Name & County & Stream Name EPA Waived (Type) Address Municipality (Watershed #) Y/N ? PA0063282 Fairland Sewer Company, Inc. North Whitehall Lehigh Watershed Y 5426 Route 873 Township 2C Schecksville, PA 18078-2103 Lehigh County UNT to Fells Creek CWF

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NPDES No. Facility Name & County & Stream Name EPA Waived (Type) Address Municipality (Watershed #) Y/N ? PA0061671 Greenfield Township Sewer Greenfield Township UNT to Dundaff Creek Y Authority Lackawanna County 4F P. O. Box 501 Carbondale, PA 18407 Chesapeake Bay nutrient monitoring requirements for Ammonia Nitrogen, Kjeldahl Nitrogen, Nitrite-Nitrate as N, Total Nitrogen and Total Phosphorus are being added to this permit.

Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110, (717) 705-4707. NPDES No. Facility Name & County & Stream Name EPA Waived (Type) Address Municipality (Watershed #) Y/N ? PA0041491 Berks Properties, Berks County UNT Perkiomen Creek Y (SEW) Inc.—Mountain Village Mobile Longswamp Township 3-E Home Park 3613 Seisholtzville Road Hereford, PA 18056

Northcentral Region: Water Management Program Manager, 208 West Third Street, Williamsport, PA 17701. NPDES No. Facility Name & County & Stream Name EPA Waived (Type) Address Municipality (Watershed #) Y/N ? PA0035599 Department of Transportation Montour County UNT of Beaver Run Y SN Bureau of Design Liberty Township 10D P. O. Box 3060 Harrisburg, PA 17105-3060 PA0035602 Department of Transportation Montour County UNT of Beaver Run Y SN Bureau of Design Liberty Township 10D P. O. Box 3060 Harrisburg, PA 17105-3060 PA0209678 Cooper Township Municipal Clearfield County UNT of Moshannon Y SP Authority Cooper Township Creek P. O. Box 446 8D Winburne, PA 16879 PA0209660 Cooper Township Municipal Clearfield County Moshannon Creek Y SP Authority Cooper Township 8D P. O. Box 446 Winburne, PA 16879

Northwest Region: Water Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481. NPDES No. Facility Name & County & Stream Name EPA Waived (Type) Address Municipality (Watershed #) Y/N ? PA0239518 Meadow Ridge Partners Forward Township UNT to Y 533 Locust Place Butler County Connoquenessing Creek Sewickley, PA 15143 20-C PA0239372 Harry J. and Norma S. Stafford South Pymatuning UNT to McCullough Y 4467 Ivanhoe Road Township Run Sharpsville, PA 16150 Mercer County 20-A PA0239411 Michael’s Restaurant and Motel Franklin Township UNT to Mulligan Run Y 970 New Castle Road Butler County 20-C Butler, PA 16001 PA0239381 Wayne E. Lawson Deerfield Township UNT to Tidioute Creek Y 680 Hill Top Drive Warren County 16-F Pittsfield, PA 16340

II. Applications for New or Expanded Facility Permits, Renewal of Major Permits and EPA Nonwaived Permit Applications

Southeast Region: Water Management Program Manager, 2 East Main Street, Norristown, PA 19401. PA0052744, Sewage, SIC 4952, Concordville Hotel, Inc., 780 Baltimore Pike, P. O. Box 607, Concordville, PA 19331-0607. This existing facility is located in Concord Township, Delaware County.

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Description of Proposed Activity: Renewal of NPDES permit to discharge treated sewage effluent from the Concordville Hotel STP. The receiving stream, a UNT to West Branch Chester Creek, is in the State Water Plan Watershed 3G and is classified for: TSF, aquatic life, water supply and recreation. The proposed effluent limits for Outfall 001 are based on a design flow of 0.025 mgd. Mass (lb/day) Concentration (mg/l) Average Maximum Average Maximum Instantaneous Parameter Monthly Daily Monthly Daily Maximum (mg/l)

CBOD5 (5-1 to 10-31) 4.2 20 40 (11-1 to 4-30) 5.2 25 Total Suspended Solids 6.3 30 50 NH3-N (5-1 to 10-31) 0.6 3.0 (11-1 to 4-30) 1.9 9.0 6.0 Fecal Coliform (col/100 ml) 200 18.0 Dissolved Oxygen 5.0, 1,000 Instantaneous Minimum pH (Standard Units) 6.0, Instantaneous Minimum Total Residual Chlorine 0.13 9.0 Phosphorus as P: 0.3 (Issuance—Year 2) Monitor Monitor Monitor (Year 3—Expiration): (5-1 to 10-31) 0.21 1.0 2.0 (11-1 to 4-30) 0.42 2.0 4.0 In addition to the effluent limits, the permit contains the following major special conditions: 1. Notification of Designation of Responsible Operator. 2. Abandon STP when Public Sewers Become Available. 3. Remedial Measures if Public Nuisance. 4. No Stormwater to Sewers. 5. Necessary Property Rights. 6. Small Stream Discharge. 7. Chlorine Minimization. 8. Proper Sludge Disposal. 9. Change in Ownership. 10. Operator Training Plan. 11. Operations and Maintenance Plan. 12. Laboratory Certification. 13. Fecal Coliform Instantaneous Maximum Reporting. PA0051934, Sewage, Limerick Township Municipal Authority, 529 King Road, P. O. Box 29, Royersford, PA 19468. This proposed facility is located in Limerick Township, Montgomery County. Description of Proposed Activity: discharge of treated sewage from King Road WWTP into Schuylkill River in Limerick Township, Montgomery County. The receiving stream, Schuylkill River, is in the State Water Plan Watershed 3D and is classified for: WWF and MF. The nearest downstream public water supply intake for Phoenixville is located on Schuylkill River and is approximately 5 miles below the point of discharge. The proposed effluent limits for Outfall 002, based on a design flow of 1.7 mgd, are as follows: Average Average Instantaneous Parameter Monthly (mg/l) Weekly (mg/l) Maximum (mg/l)

CBOD5 20 30 40 TSS 30 45 60 Ammonia as N 8 16 Fecal Coliform # 200/100 ml # 1,000 Dissolved Oxygen Minimum of 5.0 mg/l pH Within limits of 6.0 to 9.0 Standard Units at all times Total Residual Chlorine 0.5 1.2

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The proposed effluent limits for Outfalls 003—005, based on average stormwater, are as follows: Instantaneous Parameters Maximum mg/l

CBOD5 Monitor and Report COD Monitor and Report Oil and Grease Monitor and Report pH Monitor and Report Total Suspended Solids Monitor and Report Total Kjedahl Nitrogen Monitor and Report Total Phosphorus Monitor and Report Iron (Dissolved) Monitor and Report The EPA waiver is not in effect. PA0021741, Sewage, Borough of Dublin, 119 Maple Avenue, P. O. Box 52, Dublin, PA 18917-0052. This facility is located in Bedminster Township, Bucks County. Description of Proposed Activity: Renewal of an NPDES permit to discharge treated sewage from the Dublin Borough STP. The receiving stream, Deep Run, is in the State Water Plan Watershed 2D and is classified for: WWF, aquatic life, water supply and recreation. The nearest downstream public water supply intake for the Forest Park Water Treatment Plant, North Penn and North Wales Water Authority is located on the Delaware River at Point Pleasant, PA. The proposed effluent limits for Outfall 001 are based on a design flow of 0.5 mgd. Average Average Maximum Instantaneous Parameter Monthly (mg/l) Weekly (mg/l) Daily (mg/l) Maximum (mg/l)

CBOD5 (5-1 to 10-31) 20 30 40 (11-1 to 4-30) 25 40 50 Suspended Solids 30 45 60 Ammonia (as N) (5-1 to 10-31) 1.3 2.6 (11-1 to 4-30) 3.9 7.8 Phosphorous (as P) (first 24 months) (4-1 to 10-31) 2.0 4.0 (11-1 to 3-31) Monitor and Report Monitor and Report (after 24 months) (1-1 to 12-31) 2.0 4.0 Total Residual Chlorine 0.02 0.05 Copper, Total Monitor and Report Fecal Coliform 200#/100 ml as a Geometric Mean, nor greater than 1,000#/100 ml in more than 10% of samples Dissolved Oxygen Minimum of 6.0 mg/l at all times pH Within limits of 6.0 to 9.0 Standard Units at all times The EPA waiver is in effect PA0051519, Industrial Waste, SIC Codes 3646 and 3079, Perkasie Industries Corporation, P. O. Box 179, Perkasie, PA 18944. This proposed facility is located in Perkasie Borough, Bucks County. This application is for renewal of an NPDES permit to discharge noncontact cooling water and stormwater from Perkasie Industries Corporation in Perkasie Borough, Bucks County. This is an existing discharge to the East Branch of Perkiomen Creek (Outfall 001) and Pleasant Spring Creek (Outfall 002). Perkiomen and Pleasant Spring Creeks are in the State Water Plan Watershed 3E. The nearest downstream public water supply intake for the Audubon Water Company is located on Perkiomen Creek and is approximately 19 miles below the point of discharge. The receiving stream is classified for the following uses: TSF. The proposed effluent limits for Outfall 001 based on a design flow of 79,000 gpd. Average Maximum Instantaneous Parameter Monthly (mg/l) Daily (mg/l) Maximum (mg/l) Temperature 110° F pH Within limits of 6.0 to 9.0 Standard Units at all times The proposed effluent limits for Outfall 002 are as follows: Average Maximum Instantaneous Parameter Monthly (mg/l) Daily (mg/l) Maximum (mg/l)

CBOD5 Monitor and Report COD Monitor and Report Oil and Grease Monitor and Report

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Average Maximum Instantaneous Parameter Monthly (mg/l) Daily (mg/l) Maximum (mg/l) pH Monitor and Report Total Suspended Solids Monitor and Report Total Kjedahl Nitrogen Monitor and Report Total Phosphorus Monitor and Report Iron (Dissolved) Monitor and Report The EPA waiver is in effect. Major Permit Conditions: 1. No Chemical Additive. 2. Stormwater Requirements. PA0051616, Industrial Waste, SIC Code 4941, Pennsylvania American Water Company, 800 West Hersheypark Drive, Hershey, PA 17033. Description of Proposed Activity: Discharge of filter backwash water from Shady Lane Water treatment plant located in East Vincent Township, Chester County. Normally, the facility recycles their filter backwash water to the head of the plant. The applicant is seeking approval to discharge only during emergency situations. This is an existing discharge to Schuylkill River. The receiving stream is in the State Water Plan Watershed 3D and is classified for WWF. The nearest downstream public water supply intake for the Borough of Phoenixville is located on Schuylkill River about 4 miles below the point of discharge. The proposed effluent limits for Outfall 001 are based on an average discharge rate of 0.076 mgd. Mass (lb/day) Concentration (mg/l) Average Maximum Average Maximum Instantaneous Parameters Monthly Daily Monthly Daily Maximum Total Suspended Solids 19 38 30 60 75 Iron, Total 1.27 2.54 2.0 4.0 5.0 Aluminum, Total 2.54 5.07 4.0 8.0 10.0 Manganese, Total 0.64 1.28 1.0 2.0 2.5 Chlorodibromomethane Monitor and Report Dichlorobromomethane Monitor and Report Chloroform Monitor and Report Total Residual Chlorine 0.7 2.0 pH (Standard Units) Within limits of 6.0 to 9.0 Standard Units at all times. In addition to the effluent limits, the permit contains the following major special conditions: 1. Applicable BAT/BCT. 2. Proper Sludge Disposal. 3. TMDL/WLA Analysis. The EPA waiver is in effect. PA0058653, Industrial Waste, SIC 8731, Wyeth Pharmaceuticals, Facilities Department, P. O. Box 8299, Philadelphia, PA 19101-8299. This proposed facility is located in Upper Providence Township, Montgomery County. Description of Proposed Activity: This application is for renewal of an National Pollutant Discharge Elimination System (NPDES) permit to discharge noncontact cooling tower blow down, condensate from air conditioning units and regeneration and rinse waters from the boiler feed water treatment systems of the central utility plant in Upper Providence Township, Montgomery County. The receiving stream, Perkiomen Creek, is in the State Water Plan Watershed 3E and is classified for WWF. The nearest downstream public water supply intake for Aqua Pennsylvania Pickering Creek Water Plant is located on Perkiomen Creek and is 3.5 miles below the point of discharge. The proposed effluent limits for Outfall 001 or 002, based on a design flow of 35,500 gpd, are as follows. Average Maximum Instantaneous Parameter Monthly (mg/l) Daily (mg/l) Maximum (mg/l) Temperature 110° F pH Within limits of 6.0 to 9.0 Standard Units at all times Total Dissolved Solids 16,700 22,600 33,400 Total Suspended Solids 30 60 75 The EPA waiver is in effect. PA0056014, Industrial Waste, SIC 3823, Ametek, Inc., 900 Clymer Avenue, Sellersville, PA 18960. This proposed facility is located in Sellersville Borough, Bucks County.

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Description of Proposed Activity: This application is for renewal of an NPDES permit to discharge stormwater and treated groundwater from a groundwater remediation system serving AMETEK US Gauge, Plant 2 in Sellersville Borough, Bucks County. This is an existing discharge to a dry swale to East Branch Perkiomen Creek. The receiving stream, Perkiomen Creek, is in the State Water Plan Watershed 3E and is classified as TSF. The nearest downstream public water supply intake for Audubon Water Company is located on Perkiomen Creek and is 18 miles below the point of discharge. The proposed effluent limits for Outfall 001, based on a design flow of 0.0868 mgd, are as follows: Average Maximum Instantaneous Parameter Monthly (mg/l) Daily (mg/l) Maximum (mg/l) Cis-1,2,-Dichloroethylene 0.07 0.14 0.2 1,1 Dichloroethylene 0.007 0.014 0.018 Tetrachloroethylene 0.001 0.002 0.0025 1,1,1 Trichloroethane 0.08 0.16 0.2 Trichloroethylene 0.005 0.01 0.013 pH Within limits of 6.0 to 9.0 Standard Units at all times 1,4-Dioxane Monitor and Report Monitor and Report The proposed effluent limits for Outfall 002, based on an average stormwater event, are as follows: Maximum Concentration Parameters (mg/l)

CBOD5 Monitor and Report COD Monitor and Report Oil and Grease Monitor and Report pH Monitor and Report Total Suspended Solids Monitor and Report Total Kjeldahl Nitrogen Monitor and Report Total Phosphorus Monitor and Report Iron (Dissolved) Monitor and Report Special Requirements: • Discharge (Outfall 001) must comply with Environmental Protection Agency Administrative Order. • Stormwater requirements (Outfall 002). The EPA waiver is in effect. PA0032301, Sewage, SIC 4952, Applied Water Management, Inc., 453 Boot Road, Downingtown, PA 19335. This existing facility is located in Concord Township, Delaware County. Description of Proposed Activity: Renewal of NPDES permit to discharge treated sewage effluent from the Concord Industrial Park STP. The receiving stream, West Branch Chester Creek, is in the State Water Plan Watershed 3G and is classified for: TSF, aquatic life, water supply and recreation. The proposed effluent limits for Outfall 001 are based on a design flow of 0.02 mgd. Mass (lb/day) Concentration (mg/l) Average Maximum Average Maximum Instantaneous Parameter Monthly Daily Monthly Daily Maximum (mg/l)

CBOD5 4.2 25 50 Total Suspended Solids 5.0 30 NH3-N (5-1 to 10-31) 3.0 60 (11-1 to 4-30) 9.0 6.0 Fecal Coliform (col/100 ml) 200 18.0 Dissolved Oxygen 2.0, 1,000 Instantaneous Minimum pH (Standard Units) 6.0, Instantaneous Minimum Total Residual Chlorine 0.5 9.0 Phosphorus as P: 1.2 (Issuance—Year 2) Monitor Monitor Monitor (Year 3—Expiration): (5-1 to 10-31) 0.17 1.0 2.0 (11-1 to 4-30) 0.33 2.0 4.0 In addition to the effluent limits, the permit contains the following major special conditions: 1. Notification of Designation of Responsible Operator.

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2. Remedial Measures if Public Nuisance. 3. No Stormwater to Sewers. 4. Necessary Property Rights. 5. Change in Ownership. 6. Chlorine Minimization. 7. Proper Sludge Disposal. 8. Instantaneous Maximum Limits. 9. Twice per Month Sampling. 10. Abandon STP when Public Sewers Become Available. 11. Operator Training Plan. 12. Operations and Maintenance Plan. 13. Fecal Coliform Instantaneous Maximum Reporting. 14. Laboratory Certification. PA0056821, Sewage, SIC 4952, The Malvern School of Glen Mills, Inc., 20 Creek Road, Glen Mills, PA 19342. This existing facility is located in Thornbury Township, Delaware County. Description of Proposed Activity: Renewal of NPDES permit to discharge 2,500 gpd of treated sewage effluent from The Malvern School at Glen Mills. The receiving stream, Chester Creek, is in the State Water Plan Watershed 3G and is classified for: TSF, MF, aquatic life, water supply and recreation. The proposed effluent limits for Outfall 001 are based on a design flow of 2,500 gpd. Mass (lb/day) Concentration (mg/l) Average Maximum Average Maximum Instantaneous Parameters Monthly Daily Monthly Daily Maximum (mg/l)

CBOD5 25 50 Total Suspended Solids 30 60 Ammonia as N 5.0 10.0 Fecal Coliform 200 1,000 Dissolved Oxygen 2.0, Minimum pH (Stantard Units) 6.0, Minimum 9.0 Total Residual Chlorine 1.2 2.8 Total Phosphorus as P Monitor Monitor In addition to the effluent limits, the permit contains the following major special conditions: 1. Notification of Designation of Responsible Operator. 2. Abandon STP when Public Sewers Become Available. 3. Remedial Measures if Public Nuisance. 4. No Stormwater to Sewers. 5. Necessary Property Rights. 6. Change in Ownership. 7. Chlorine Minimization. 8. Proper Sludge Disposal. 9. Twice per Month Sampling. 10. Operator Training Plan. 11. Fecal Coliform Instantaneous Maximum Reporting. 12. Laboratory Certification. 13. Operations and Maintenance Plan.

Northeast Region: Water Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790. PA0020176, Sewage, Slatington Borough Authority. This proposed facility is located in Slatington Borough, Lehigh County. Description of Proposed Activity: Renewal of major NPDES Permit for the discharge of treated wastewater. The receiving stream, Lehigh River, is in the State Water Plan Watershed 02C and is classified for: TSF, aquatic life, water supply and recreation. The nearest downstream public water supply intake for Northampton Borough Municipal Authority is located on Lehigh River is approximately 10 miles below the point of discharge.

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The proposed effluent limits for Outfall 001 based on a design flow of 1.50 mgd. Average Average Instantaneous Parameter Monthly (mg/l) Weekly (mg/l) Maximum (mg/l)

CBOD5 25 40 50 Total Suspended Solids 30 45 60 Fecal Coliform (5-1 to 9-30) 200/100 ml as a Geometric Mean (10-1 to 4-30) 2,000/100 ml as a Geometric Mean pH 6.0 to 9.0 Standard Units at all times. Total Residual Chlorine 0.5 1.6 In addition to the effluent limits, the permit contains the following major special conditions: 1. Whole Effluent Toxicity Testing (WETT). PA-0027090, Sewage, Lackawanna River Basin Sewer Authority, P. O. Box 9068, Dickson City, PA 18515. This proposed facility is located in Throop Borough, Lackawanna County. Description of Proposed Activity: Revocation and Reissuance of NPDES Permit to provide for increasing design flow from 7.0 mgd to 10.0 mgd. The receiving stream, Lackawanna River, is in the State Water Plan Watershed 5A and is classified for: CWF. The nearest downstream public water supply intake for Danville Borough Water Company is located on the Susquehanna River over 50 miles below the point of discharge. The proposed effluent limits for Outfall 001 based on a design flow of 10.0 mgd. Average Average Daily Instanteous Parameter Monthly (mg/l) Weekly (mg/l) Maximum Maximum (mg/l)

CBOD5 15 22.5 30 Total Suspended Solids 30 45 60 NH3-N (5-1 to 10-31) 4.5 9.0 (11-1 to 4-30) 13.5 27.0 Dissolved Oxygen A minimum of 5.0 mg/l at all times. Fecal Coliform (5-1 to 9-30) 200/100 ml as a Geometric Mean (10-1 to 4-30) 2,000/100 ml as a Geometric Mean pH 6.0 to 9.0 Standard Units at all times. Total Residual Chlorine 0.09 0.30 Copper 0.014 0.022 Zinc Monitor and Monitor and Report Report Chesapeake Bay Tributary Strategy Nutrient Requirements Concentration (mg/l) Mass (lbs) Parameter Monthly Average Monthly Load Annual Load Ammonia-N Report Report Report** Kjeldahl-N Report Report Nitrate-Nitrate as N Report Report Total Nitrogen Report Report Report Total Phosphorus Report Report Report Net Total Nitrogen Report 127,852* Net Total Phosphorus Report 17,047* * This permit contains conditions which authorize the permittee to apply nutrient reduction credits to meet the Net Total Nitrogen and the Net Total Phosphorus effluent mass limits, under the Department of Environmental Protection’s (Department) Trading of Nutrients and Sediment Reduction Credits Policy and Guidelines (Document No. 392-0900-001, December 30, 2006). The condition includes the requirement to report the application of these credits in Supplemental Discharge Monitoring Reports (DMRs) submitted to the Department. * The compliance date for Net Total Nitrogen and Net Total Phosphorus will begin on September 1, 2011. Since these reporting requirements are annual loads, the reporting on compliance with the annual limitations will be required to be reported on the Supplemental DMR—Annual Nutrient Summary by November 28, 2012. This facility is required to monitor and report for Net Total Nitrogen and Net Total Phosphorus from the effective date of the permit until August 31, 2011. ** Total Annual Ammonia Load will be required to be reported on the Supplemental DMR—Annual Nutrient Summary by November 28, 2012. Point sources 002, 005, 007, 007A, 010—012, 014, 015, 018, 019, 021—023 and 025—027 serve as combined sewer reliefs necessitated by stormwater entering the sewer system and exceeding the hydraulic capacity of the sewer and/or the treatment plant. In accordance with the Department and Environmental Protection Agency approved CSO strategy, a special permit requirement is included in Part C of this permit.

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Outfall 028 (Stormwater)* Mass (lb/day) Concentration (mg/l) Average Maximum Average Maximum Parameter Monthly Daily Monthly Daily

CBOD5 Report Chemical Oxygen Demand Report Oil and Grease Report pH Report Total Suspended Solids (TSS) Report Total Kjeldahl Nitrogen (TKN) Report Total Phosphorus Report Iron (dissolved) Report * Permittee has the option to perform annual inspection of facility in lieu of annual monitoring. In addition to the effluent limits, the permit contains the following major special conditions: Industrial Pretreatment, Combined Sewer Overflows, Whole Effluent Toxicity Testing, Site Stormwater, Toxic Reduction Evaluation and Chesapeake Bay Nutrient Requirements PA-0027081, Sewage, Lackawanna River Basin Sewer Authority, P. O. Box 9068, Dickson City, PA 18519-9068. This proposed facility is located in Clinton Township, Wayne County. Description of Proposed Activity: Renewal of NPDES Permit to discharge treated sewage. The receiving stream, Lackawanna River, is in the State Water Plan Watershed 5A and is classified for: HQ-CWF. The nearest downstream public water supply intake for Danville Water Authority is located on the Lackawanna River approximately 95 miles below the point of discharge. The proposed effluent limits for Outfall 001 based on a design flow of 0.700 mgd. Average Average Instanteous Parameter Monthly (mg/l) Weekly (mg/l) Maximum (mg/l)

CBOD5 25.0 40.0 50.0 Total Suspended Solids 30.0 45.0 60.0 NH3-N (5-1 to 10-31) 10.0 20.0 Dissolved Oxygen A minimum of 5.0 mg/l at all times. Fecal Coliform (5-1 to 9-30) 200/100 ml as a Geometric Mean (10-1 to 4-30) 2,000/100 ml as a Geometric Mean pH 6.0 to 9.0 Standard Units at all times. Total Residual Chlorine 0.9 2.1 Chesapeake Bay Tributary Strategy Nutrient Requirements Concentration (mg/l) Mass (lbs) Monthly Monthly Annual Parameter Average Load Load Ammonia-N Report Report Report** Kjeldahl-N Report Report Nitrate-Nitrate as N Report Report Total Nitrogen Report Report Report Total Phosphorus Report Report Report Net Total Nitrogen Report 12,786* Net Total Phosphorus Report 1,705* * This permit contains conditions which authorize the permittee to apply nutrient reduction credits to meet the Net Total Nitrogen and the Net Total Phosphorus effluent mass limits, under the Department of Environmental Protection’s (Department) Trading of Nutrients and Sediment Reduction Credits Policy and Guidelines (Document No. 392-0900-001, December 30, 2006). The condition includes the requirement to report the application of these credits in Supplemental Discharge Monitoring Reports (DMRs) submitted to the Department. * The compliance date for Net Total Nitrogen and Net Total Phosphorus will begin on September 1, 2011. Since these reporting requirements are annual loads, the reporting on compliance with the annual limitations will be required to be reported on the Supplemental DMR—Annual Nutrient Summary by November 28, 2012. This facility is required to monitor and report for Net Total Nitrogen and Net Total Phosphorus from the effective date of the permit until August 31, 2011. ** Total Annual Ammonia Load will be required to be reported on the Supplemental DMR—Annual Nutrient Summary by November 28, 2012.

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Outfall 011 (Stormwater)* Mass (lb/day) Concentration (mg/l) Average Maximum Average Maximum Parameter Monthly Daily Monthly Daily

CBOD5 Report Chemical Oxygen Demand Report Oil and Grease Report pH Report Total Suspended Solids (TSS) Report Total Kjeldahl Nitrogen (TKN) Report Total Phosphorus Report Iron (dissolved) Report * Permittee has the option to perform annual inspection of facility in lieu of annual monitoring. Point sources 002, 009 and 010 serve as combined sewer reliefs necessitated by stormwater entering the sewer system and exceeding the hydraulic capacity of the sewer and/or the treatment plant. In accordance with the Department’s and Environmental Protection Agency’s approved CSO strategy, a special permit requirement is included in Part C of this permit. In addition to the effluent limits, the permit contains the following major special conditions: 1. Combine Sewer Overflows. 2. Stormwater requirements. 3. Chesapeake Bay Nutrient requirements. Application No. PA 0070122, Sewage, United Mobile Homes, Inc. (Highland Estates Mobile Home Park), 3499 Route 9 North, Freehold, NJ 07728. This facility is located in Greenwich Township, Berks County. Description of activity: The application is for renewal of an NPDES permit for an existing discharge of treated sewage. The receiving stream, UNT to Mill Creek, is in Watershed 3-B, and classified for TSF, water supply, recreation and fish consumption. The nearest downstream public water supply intake for Reading Area Water Authority is located on the Maiden Creek, approximately 20 miles downstream. The discharge is not expected to affect the water supply. The proposed effluent limits for Outfall 001 for a design flow of 0.08325 mgd are: Average Average Instantaneous Parameter Monthly (mg/l) Weekly (mg/l) Maximum (mg/l)

CBOD5 (5-1 to 10-31) 20 XXX 40 (11-1 to 4-30) 25 XXX 50 Total Suspended Solids 30 XXX 60 NH3-N (5-1 to 10-31) 5 XXX 10 (11-1 to 4-30) 15 XXX 30 Total Phosphorus Report XXX XXX Total Residual Chlorine 0.25 XXX 0.83 Dissolved Oxygen Minimum of 5.0 at all times pH From 6.0 to 9.0 inclusive Fecal Coliform (5-1 to 9-30) 200/100 ml as a Geometric Average (10-1 to 4-30) 2,000/100 ml as a Geometric Average The proposed interim effluent limits for Outfall 001 for a design flow of 0.08325 mgd are: Lake Ontelaunee TMDL Requirements Mass (lbs) Monthly Annual Total Suspended Solids Report Report Total Phosphorus Report Report The proposed final effluent limits for Outfall 001 for a design flow of 0.08325 mgd are: Lake Ontelaunee TMDL Requirements Mass (lbs) Monthly Annual Total Suspended Solids Report 7,602 Total Phosphorus Report 253.4 Persons may make an appointment to review the Department of Environmental Protection’s files on this case by calling the file review coordinator at (717) 705-4732. The EPA waiver is not in effect.

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Application No. PA 0041491, Sewage, Berks Properties, Inc. (Mountain Village Mobile Home Park), 3613 Seisholtzville Road, Hereford, PA 18056. This facility is located in Longswamp Township, Berks County. Description of activity: The application is for renewal of an NPDES permit for an existing discharge of treated sewage. The receiving stream, UNT of Perkiomen Creek, is in Watershed 3-E, and classified for TSF, water supply, recreation and fish consumption. The nearest downstream public water supply intake for Philadelphia Suburban Water Supply is located on the Perkiomen Creek, approximately 17 miles downstream. The discharge is not expected to affect the water supply. The proposed Interim effluent limits for Outfall 001 for a design flow of 0.064 mgd are: Average Average Instantaneous Parameter Monthly (mg/l) Weekly (mg/l) Maximum (mg/l)

CBOD5 10 XXX 20 Total Suspended Solids 30 XXX 60 NH3-N (5-1 to 10-31) 1.5 XXX 3.0 (11-1 to 4-30) 4.5 XXX 9.0 Total Phosphorus 1.0 XXX 2.0 Total Residual Chlorine 0.17 XXX 0.55 Dissolved Oxygen Minimum of 5.0 at all times pH From 6.0 to 9.0 inclusive Fecal Coliform (5-1 to 9-30) 200/100 ml as a Geometric Average (10-1 to 4-30) 2,000/100 ml as a Geometric Average

The proposed Final effluent limits for Outfall 001 for a design flow of 0.046 mgd are: Average Average Instantaneous Parameter Monthly (mg/l) Weekly (mg/l) Maximum (mg/l)

CBOD5 10 XXX 20 Total Suspended Solids 30 XXX 60 NH3-N (5-1 to 10-31) 1.5 XXX 3.0 (11-1 to 4-30) 4.5 XXX 9.0 Total Phosphorus 0.5 XXX 1.0 Total Residual Chlorine 0.015 XXX 0.05 Dissolved Oxygen Minimum of 5.0 at all times pH From 6.0 to 9.0 inclusive Fecal Coliform (5-1 to 9-30) 200/100 ml as a Geometric Average (10-1 to 4-30) 2,000/100 ml as a Geometric Average GREEN LANE RESERVOIR TMDL Requirements Concentration (mg/l) Mass (lbs) Monthly Average Monthly Total Phosphorus 0.05 0.27 Persons may make an appointment to review the Department of Environmental Protection’s files on this case by calling the file review coordinator at (717) 705-4732. The EPA waiver is not in effect. Permit No. PA 0037141, Industrial Wastewater, SIC Code 0921, Fish and Boat Commission (Huntsdale Fish Hatchery), 450 Robinson Lane, Bellefonte, PA 16823-9620. This facility is located in Penn Township, Cumberland County. Description of proposed action/activity: The applicant wishes to amend an NPDES permit for an existing discharge of treated wastewater from Outfall 003. The receiving streams, Yellow Breeches Creek and a UNT, are in Watershed 7-E, and classified for HQ-CWF, water supply, recreation and fish consumption. The nearest downstream public water supply intake is United Water Company located on the Yellow Breeches Creek, approximately 33.3 miles downstream. The discharge is not expected to affect the water supply. This amendment deletes Phosphorus requirements for Outfall 003. Persons may make an appointment to review the Department of Environmental Protection’s files on this case by calling the file review coordinator at (717) 705-4732. The EPA waiver is in effect.

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Northcentral Region: Water Management Program Manager, 208 West Third Street, Williamsport, PA 17701.

Environmental Program Manager, Water Management, 208 West Third Street, Suite 101 Williamsport, PA 17701, (570) 327-3664.

PA0233633, SIC 4952, Mike C. Dyke, 260 Baney Road, Julian, PA 16844. This proposed action is for issuance of an NPDES permit for discharge of treated sewage to Dewitt Run in Union Township, Centre County.

The receiving stream is in Watershed 9C Bald Eagle and is classified for the following uses: CWF and aquatic life, water supply and recreation.

For the purpose of evaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the downstream potable water supply considered during the evaluation is PA American Water located at Milton.

Outfall 001:

The proposed effluent limits, based on a design flow of 0.0004 mgd, are: Average Instantaneous Parameter Monthly (mg/l) Maximum (mg/l)

CBOD5 10 20 Suspended Solids 10 10 Total Chlorine Residual Monitor Monitor Fecal Coliform (5-1 to 9-30) 200/100 ml as a Geometric Average (10-1 to 4-30) 200/100 ml as a Geometric Average pH 6.0 to 9.0 Standard Units at all times.

The EPA waiver is in effect.

Southwest Regional Office: Regional Manager, Water Management, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, (412) 442-4000. PA0205036, Industrial Waste, SIC 4953, Mostoller Landfill, Inc., 7095 Glades Pike, Somerset, PA 15501. This application is for renewal of an NPDES permit to discharge stormwater from a landfill in Brothersvalley Township, Somerset County. The following effluent limitations are proposed for discharge to the receiving waters, Kimberly Run, classified as a CWF with existing and/or potential uses for aquatic life, water supply and recreation. The first existing/proposed downstream potable water supply is Ohio Pyle Municipal Water Works, located at Ohio Pyle, PA, 52.8 miles below the discharge point. Outfall 002: existing discharge, design flow of variable mgd. Mass (lb/day) Concentration (mg/l) Average Maximum Average Maximum Instantaneous Parameter Monthly Daily Monthly Daily Maximum Flow (mgd) Monitor and Report Chemical Oxygen Demand Monitor and Report Oil and Grease Monitor and Report CBOD5 Monitor and Report Total Suspended Solids Monitor and Report Total Dissolved Solids Monitor and Report Total Organic Carbon Monitor and Report Barium Monitor and Report Cadmium Monitor and Report Chromium Monitor and Report Lead Monitor and Report Mercury Monitor and Report Magnesium Monitor and Report Dissolved Magnesium Monitor and Report Selenium Monitor and Report Silver Monitor and Report NH3-N Monitor and Report Arsenic Monitor and Report Cyanide Monitor and Report NO2-NO3 Monitor and Report Dissolved Iron Monitor and Report

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Outfall 003: existing discharge, design flow of variable mgd Mass (lb/day) Concentration (mg/l) Average Maximum Average Maximum Instantaneous Parameter Monthly Daily Monthly Daily Maximum Flow (mgd) Monitor and Report Chemical Oxygen Demand Monitor and Report Oil and Grease Monitor and Report CBOD5 Monitor and Report Total Suspended Solids Monitor and Report Total Dissolved Solids Monitor and Report Total Organic Carbon Monitor and Report Barium Monitor and Report Cadmium Monitor and Report Chromium Monitor and Report Lead Monitor and Report Mercury Monitor and Report Magnesium Monitor and Report Dissolved Magnesium Monitor and Report Selenium Monitor and Report Silver Monitor and Report NH3-N Monitor and Report Arsenic Monitor and Report Cyanide Monitor and Report NO2-NO3 Monitor and Report Dissolved Iron Monitor and Report pH not less than 6.0 nor greater than 9.0

The EPA waiver is in effect. PA0253782, Industrial Waste, SIC 1389 and 4953, Mon Valley Brine Treatment, P. O. Box 309, Creekside, PA 15732. This application is for issuance of an NPDES permit to discharge treated process water from Mon Valley Brine in Donora Borough, Washington County. The following effluent limitations are proposed for discharge to the receiving waters, Monongahela River, classified as a WWF with existing and/or potential uses for aquatic life, water supply and recreation. The first existing/proposed downstream potable water supply is PA American Water, located 13 miles below the discharge point. Outfall 001: new discharge, design flow of 0.2 mgd. Mass (lb/day) Concentration (mg/l) Average Maximum Average Maximum Instantaneous Parameter Monthly Daily Monthly Daily Maximum Flow Monitor and Report TSS 30 60 Oil and Grease 15 30 Iron, total 3.5 7.0 Iron, dissolved 7.0 Aluminum 4.0 8.0 Manganese 2.0 4.0 Ammonia 2.0 4.0 Benzene 0.001 0.002 Ethylbenzene Monitor and Report Toluene Monitor and Report Xylenes Monitor and Report Total BTEX Monitor and Report

The EPA waiver is not in effect. Phenols Monitor and Report Total Dissolved Solids 500 750 Sulfates 250 Osmotic Pressure Monitor and Report Bromide Monitor and Report Chlorides Monitor and Report Acidity less than Alkalinity Monitor and Report pH not less than 6.0 nor greater than 9.0

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PA0217999, Sewage, Jack’s Independent Service, Inc., 1121 Wallace Run Road, Darlington, PA 16115. This application is for renewal of an NPDES permit to discharge treated sewage from Jack’s Independent Service STP in South Beaver Township, Beaver County. The following effluent limitations are proposed for discharge to the receiving waters, known as UNT of North Fork Little Beaver Creek, which are classified as a HQ-CWF with existing and/or potential uses for aquatic life, water supply and recreation. The first downstream potable water supply intake from this facility is the City of East Liverpool, Ohio on the Ohio River. Outfall 001: existing discharge, design flow of 0.00136 mgd. Concentration (mg/l) Average Average Maximum Instantaneous Parameter Monthly Weekly Daily Maximum

CBOD5 10 20 Suspended Solids 10 20 Ammonia Nitrogen (5-1 to 10-31) 1.5 3.0 (11-1 to 4-30) 4.5 9.0 Fecal Coliform (5-1 to 9-30) 200/100 ml as a Geometric Mean (10-1 to 4-30) 2,000/100 ml as a Geometric Mean Total Residual Chlorine 0.08 0.19 Dissolved Oxygen not less than 7.0 mg/l pH not less than 6.0 nor greater than 9.0

The EPA waiver is in effect. PA0252581, Sewage, Mahoning Township Supervisors, 987 SR 1025, New Bethlehem, PA 16242. This application is for renewal of an NPDES permit to discharge treated sewage from Mahoning Township Sewage Treatment Plant in Mahoning Township, Armstrong County. The following effluent limitations are proposed for discharge to the receiving waters, known as Headwaters of UNT of Redbank Creek, which are classified as a CWF with existing and/or potential uses for aquatic life, water supply and recreation. The first downstream potable water supply intake from this facility is the Allegheny Energy, Armstrong Power Station, on the Allegheny River. Outfall 001: existing discharge, design flow of 0.09 mgd. Concentration (mg/l) Average Average Maximum Instantaneous Parameter Monthly Weekly Daily Maximum

CBOD5 25 50 Suspended Solids 30 60 Ammonia Nitrogen (5-1 to 10-31) 2.0 4.0 (11-1 to 4-30) 3.0 6.0 Fecal Coliform (5-1 to 9-30) 200/100 ml as a Geometric Mean (10-1 to 4-30) 2,000/100 ml as a Geometric Mean Total Residual Chlorine 0.08 0.2 Dissolved Oxygen not less than 6.0 mg/l pH not less than 6.0 nor greater than 9.0

The EPA waiver is in effect. PA0094790, Sewage, Briko, LLC, 110 Fremont Avenue, Portage, PA 15946. This application is for renewal of an NPDES permit to discharge treated sewage from Pleasantview Mobile Home Park Sewage Treatment Plant in Adams Township, Cambria County. The following effluent limitations are proposed for discharge to the receiving waters, known as UNT of Sandy Run, which are classified as a CWF with existing and/or potential uses for aquatic life, water supply and recreation. The first downstream potable water supply intake from this facility is the Saltsburg Municipal Waterworks located on the Conemaugh River. Outfall 001: existing discharge, design flow of 0.014 mgd. Concentration (mg/l) Average Average Maximum Instantaneous Parameter Monthly Weekly Daily Maximum

CBOD5 25 50 Suspended Solids 30 60

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Concentration (mg/l) Average Average Maximum Instantaneous Parameter Monthly Weekly Daily Maximum Ammonia Nitrogen (5-1 to 10-31) 1.9 3.8 (11-1 to 4-30) 2.8 5.6 Fecal Coliform (5-1 to 9-30) 200/100 ml as a Geometric Mean (10-1 to 4-30) 2,000/100 ml as a Geometric Mean Total Residual Chlorine 1.4 3.3 Dissolved Oxygen not less than 6.0 mg/l pH not less than 6.0 nor greater than 9.0

The EPA waiver is in effect. PA0095974, Sewage, Gary McClain, P. O. Box 477, Yukon, PA 15698. This application is for renewal of an NPDES permit to discharge treated sewage from Jane Ann Restaurant STP in Sewickley Township, Westmoreland County. The following effluent limitations are proposed for discharge to the receiving waters, known as UNT of Sewickley Creek, which are classified as a WWF with existing and/or potential uses for aquatic life, water supply, and recreation. The first downstream potable water supply intake from this facility is the McKeesport Municipal Water Works. Outfall 001: existing discharge, design flow of 0.01 mgd. Concentration (mg/l) Average Average Maximum Instantaneous Parameter Monthly Weekly Daily Maximum

CBOD5 25 50 Suspended Solids 30 60 Ammonia Nitrogen (5-1 to 10-31) 18.0 36.0 (11-1 to 4-30) 25.0 50.0 Fecal Coliform (5-1 to 9-30) 200/100 ml as a Geometric Mean (10-1 to 4-30) 2,000/100 ml as a Geometric Mean Total Residual Chlorine 1.4 3.3 pH not less than 6.0 nor greater than 9.0

The EPA waiver is in effect. PA0253925, Sewage, Thomas H. Meehan, P. O. Box 3, New Brighton, PA 15066. This application is for issuance of an NPDES permit to discharge treated sewage from Lakeview Estates STP in Marion Township, Beaver County. The following effluent limitations are proposed for discharge to the receiving waters, known as Brush Creek, which are classified as a WWF with existing and/or potential uses for aquatic life, water supply and recreation. The first downstream potable water supply intake from this facility is the Beaver Falls Municipal Authority. Outfall 001: new discharge, design flow of 0.006 mgd. Concentration (mg/l) Average Average Maximum Instantaneous Parameter Monthly Weekly Daily Maximum

CBOD5 25 50 Suspended Solids 30 60 Phosphorus 2 4 Fecal Coliform (5-1 to 9-30) 200/100 ml as a Geometric Mean (10-1 to 4-30) 2,000/100 ml as a Geometric Mean Total Residual Chlorine 1.4 3.3 Dissolved Oxygen not less than 2 mg/l pH not less than 6.0 nor greater than 9.0

The EPA waiver is in effect. PA0091936, Sewage, Indiana County Municipal Services Authority, 602 Kolter Drive, Indiana, PA 15701. This application is for renewal of an NPDES permit to discharge treated sewage from Aultman Sewage Treatment Plant in Center Township, Indiana County. The following effluent limitations are proposed for discharge to the receiving waters, known as UNT of Aultmans Run, which are classified as a TSF with existing and/or potential uses for aquatic life, water supply and recreation. The first downstream potable water supply intake from this facility is the Buffalo Township Municipal Authority, Freeport Plant, on the Allegheny River.

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Outfall 001: existing discharge, design flow of 0.025 mgd. Concentration (mg/l) Average Average Maximum Instantaneous Parameter Monthly Weekly Daily Maximum

CBOD5 25 50 Suspended Solids 30 60 Ammonia Nitrogen (5-1 to 10-31) 2.5 5.0 (11-1 to 4-30) 7.5 15.0 Fecal Coliform (5-1 to 9-30) 200/100 ml as a Geometric Mean (10-1 to 4-30) 2,000/100 ml as a Geometric Mean Total Residual Chlorine 0.3 0.7 Dissolved Oxygen not less than 4.0 mg/l pH not less than 6.0 nor greater than 9.0

The EPA waiver is in effect.

Northwest Region: Water Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481. PA0263460, Sewage, Joseph Landis, 414 Freeport Road, Saxonburg, PA 16056. This proposed facility is located in Clinton Township, Butler County. Description of Proposed Activity: discharge of treated nonmunicipal sewage discharge from a private residence in a HQ-CWF. The receiving water is the UNT to Sarver Run. The receiving stream is in State Water Plan 18-F and is classified for the following uses: HQ-TSF, aquatic life, water supply and recreation. The nearest downstream potable water supply, Clearview Water Supply Company, is located on the Allegheny River and is approximately 13 miles below the point of discharge. The proposed effluent limits for Outfall 001 are based on a design flow of 0.0005 mgd. Concentrations Average Average Instantaneous Parameter Monthly (mg/l) Weekly (mg/l) Maximum (mg/l) Flow XX CBOD5 10 20 Total Suspended Solids 10 20 Fecal Coliform 200/100 ml as a Geometric Average UV Light XXX pH 6.0 to 9.0 Standard Units at all times

XX—Monitor and Report. XXX—Inspect and clean monthly, Report on AMRs. The EPA waiver is in effect. III. WQM Industrial Waste and Sewerage Applications under The Clean Streams Law (35 P. S. §§ 691.1— 691.1001) Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110, (717) 705-4707. WQM Permit No. 3602407, Amendment 09-1, Sewerage, (S.E.P.) Southern End Properties, 35 Friendly Drive, Quarryville, PA 17566. This proposed facility is located in East Drumore Township, Lancaster County. Description of Proposed Action/Activity: Addition of a third RSF bed and wetland cell to compensate for increased organic strength of influent wastewater at Musser’s Market. Southwest Region: Water Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745. WQM Permit No. 0269415-A3, Sewerage, Borough of Sewickley, 601 Thorn Street, Sewickley, PA 15143-0428. This existing facility is located in Sewickley Borough, Allegheny County. Description of Proposed Action/Activity: Application for the construction and operation of new headworks and dewatering facilities.

IV. NPDES Applications for Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4)

V. Applications for NPDES Wavier Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4)

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VI. NPDES Individual Permit Applications for Discharges of Stormwater Associated with Construction Activities

Northeast Region: Watershed Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790. Luzerne County Conservation District: Smith Pond Road, Lehman, PA 18627-0250, (570) 674-7991. NPDES Applicant Name & Receiving Permit No. Address County Municipality Water/Use PAI024008003 UGI Energy Services, Luzerne Hunlock Township Susquehanna River Inc. WWF Attn: Michael Mara One Meridian Boulevard Suite 2C01 Wyomissing, PA 19610 Northampton County Conservation District: Greystone Building, Gracedale Complex, Nazareth, PA 18064-9211, (610) 746-1971. NPDES Applicant Name & Receiving Permit No. Address County Municipality Water/Use PAI024808021 Easton Suburban Water Northampton Palmer Township Bushkill Creek Authority HQ-CWF 3700 Hartley Avenue P. O. Box 3819 Easton, PA 18043-3819 Lehigh County Conservation District: Lehigh Agriculture Center, Suite 102, 4184 Dorney Park Road, Allentown, PA 18104, (610) 391-9583. NPDES Applicant Name & Receiving Permit No. Address County Municipality Water/Use PAI023909003 Evelyn Eisberg Lehigh Washington Township Trout Creek Annette Sell CWF 1500 West Hamilton Boulevard Allentown, PA 18102 Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110. NPDES Applicant Name & Receiving Permit No. Address County Municipality Water/Use PAI032109002 Carlisle Area School Cumberland Dickinson Township Yellow Breeches Creek District HQ-CWF North Dickinson Elementary School 623 West Penn Street Carlisle, PA 17013 Northwest Region: Watershed Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481. Erie County Conservation District: 1927 Wager Road, Erie, PA 16509, (814) 776-5373. NPDES Applicant Name & Receiving Permit No. Address County Municipality Water/Use PAI062509001 FedEx Grounds Erie McKean Township Bear Creek Terminal WWF C. Trucker Copes & Associates 170 Duquesne Street Columbiana, OH 44408 Lawrence County Conservation District, Lawrence County Government Center, 430 Court Street, New Castle, PA 16101. NPDES Applicant Name & Receiving Permit No. Address County Municipality Water/Use PAI063709001 Villas at Autumn Hills Lawrence Neshannock Township UNT to Shenango River Golba Enterprises WWF Attn: Leo Golba UNT to Neshannock 149 Enclave Drive Creek New Castle, PA 16105 CWF

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VII. List of NOIs for NPDES and/or Other General Permit Types PAG-12 Concentrated Animal Feeding Operations (CAFOs) PAG-13 Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4) STATE CONSERVATION COMMISSION NUTRIENT MANAGEMENT PLANS RELATED TO APPLICATIONS FOR NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMITS FOR CONCENTRATED ANIMAL FEEDING OPERATIONS (CAFO) This notice provides information about agricultural operations that have submitted nutrient management plans (NMPs) for approval under the act of July 6, 2005 (Act 38 of 2005, 3 Pa.C.S. §§ 501—522) (hereinafter referred to as Act 38), and that have or anticipate submitting applications for new, amended or renewed NPDES permits, or Notices of Intent (NOIs) for coverage under a general permit, for CAFOs, under 25 Pa. Code Chapter 92. This notice is provided in accordance with 25 Pa. Code Chapter 92 and 40 CFR Part 122, implementing The Clean Streams Law (35 P. S. §§ 691.1—691.1001) and the Federal Clean Water Act. Based upon preliminary reviews, the State Conservation Commission (SCC), or County Conservation Districts (CCD) working under a delegation agreement with the SCC, have completed an administrative review of NMPs described. These NMPs are published as proposed plans for comment prior to taking final actions. The NMPs are available for review at the CCD office for the county where the agricultural operation is located. A list of CCD office locations is available at www.pacd.org/districts/directory.htm or can be obtained from the SCC at the office address listed or by calling (717) 787-8821. Persons wishing to comment on an NMP are invited to submit a statement outlining their comments on the plan to the CCD, with a copy to the SCC for each NMP, within 30 days from the date of this public notice. Comments received within the respective comment periods will be considered in the final determinations regarding the NMPs. Comments should include the name, address and telephone number of the writer and a concise statement to inform the SCC of the exact basis of the comments and the relevant facts upon which they are based. The address for the SCC is Agriculture Building, Room 407, 2301 North Cameron Street, Harrisburg, PA 17110. Persons with a disability who require an auxiliary aid, service, including TDD users or other accommodations to seek additional information should contact the SCC through the Pennsylvania AT&T Relay Service at (800) 654-5984. NUTRIENT MANAGEMENT PLAN—PUBLIC NOTICE SPREADSHEET—APPLICATIONS Special Animal Protection Agricultural Operation Total Equivalent Animal Waters (HQ Renewal/ Name and Address County Acres Units Type or EV or NA) New Pork Champ, LLC Lancaster 0 536.5 Hogs NA Renewal Lori Stone 1050 Shiprock Road Willow Street, PA 17584 Evergreen Farms, Inc. Huntingdon 3,827 4,620.12 Dairy HQ Renewal 3102 Evergreen Lane Spruce Creek, PA 16683 Jobo Holstein Farm Adams 982.8 1,637.4 Dairy NA Renwal 200 Tall Oaks Road Gettysburg, PA 17325 M & M Farms Huntingdon 221.9 615.8 Swine NA Renewal Monte and Mary Edgin 10368 Chester Furnace Road Shirleysburg, PA 17260

PUBLIC WATER SUPPLY (PWS) clude the name, address and telephone number of the writer and a concise statement to inform the Department PERMIT of Environmental Protection (Department) of the exact Under the Pennsylvania Safe Drinking Water Act (35 basis of a comment and the relevant facts upon which it P. S. §§ 721.1—721.17), the following parties have applied is based. A public hearing may be held after consideration for a PWS permit to construct or substantially modify a of comments received during the 30-day public comment public water system. period. Persons wishing to comment on a permit application Following the comment period, the Department will are invited to submit a statement to the office listed make a final determination regarding the proposed per- before the application within 30 days of this public notice. mit. Notice of this final determination will be published Comments received within the 30-day comment period in the Pennsylvania Bulletin at which time this determi- will be considered in the formulation of the final determination may be appealed to the Environmental Hearing nations regarding the application. Comments should in- Board.

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The permit application and any related documents are Description of Action Applicant requests approval for on file at the office listed before the application and are the construction of a new PWS available for public review. Arrangements for inspection system to serve the Maple Garden and copying information should be made with the office Apartments Development. It will listed before the application. include a new source of supply (Well No. 1), storage, treatment Persons with a disability who require an auxiliary aid, facilities and a distribution system service or other accommodations to participate during the to service the development. 30-day public comment period should contact the office listed before the application. TDD users should contact Southcentral Region: Water Supply Management Pro- the Department through the Pennsylvania AT&T Relay gram Manager, 909 Elmerton Avenue, Harrisburg, PA Service at (800) 654-5984. 17110.

SAFE DRINKING WATER Permit No. 0608520, Public Water Supply. Applicant Mountain View Apartments Applications Received under the Pennsylvania Safe Drinking Water Act Municipality South Heidelberg Township County Berks Northeast Region: Water Supply Management Program, Responsible Official Robert A. Nass, Owner 2 Public Square, Wilkes-Barre, PA 18711-0790. 905 Biscayne Boulevard Suite 1 Application No. 4008505, Public Water Supply. Deland, FL 32724 Applicant Tower Management 80/81, LLC Type of Facility Public Water Supply Butler Township Luzerne County Consulting Engineer Charles A. Kehew II, P. E. James R. Holley & Assoc., Inc. Responsible Official Jon A. Schiavo 18 South George Street Tower Management 80/81, LLC York, PA 17401 680 Kinderkamack Road Suite 200 Application Received December 24, 2008 River Edge, NJ 07661 Description of Action Addition of treatment equipment Type of Facility Public Water System to the existing system for the removal/treatment of the Consulting Engineer John O. Hammell, P. E. following: corrosion control for CMX lead and copper, manganese and 941 Marcon Boulevard nitrate. Suite 801 Allentown, PA Northcentral Region: Water Supply Management Pro- Application Received December 17, 2008 gram Manager, 208 West Third Street, Williamsport, PA Date 17701. Description of Action An expansion of the existing water Application No. 1709501—Construction, Public Wa- system at old turnpike village to ter Supply. serve a new townhouse development. Expansion consists Applicant Cooper Township Municipal of an added well source, Authority treatment, storage and Township or Borough Cooper and Rush Townships distribution. County Clearfield and Centre Application No. 5208501, Public Water Supply. Responsible Official Sharon Josefik, Chairperson Applicant S & S Construction Group Cooper Township Municipal (Maple Park Garden Authority Apartments) P. O. Box 466 4596 Winburne Munson Road Dingman Township Winburne, PA 16879 Responsible Official Xiu Quan Shi, President Type of Facility Public Water S & S Construction Group Supply—Construction P. O. Box 1126 Montague, NJ 07827 Consulting Engineer K. Alan Uhler, Jr., P. E., PLS Kerry A. Uhler & Associates Type of Facility PWS 140 High Street Consulting Engineer Brian D. Swanson, P. E. Bellefonte, PA 16823 Swanson Engineering, PC Application Received January 15, 2009 435 Green Ridge Street Scranton, PA 18509 Description of Action Construct a 363,000 gal. water storage tank (Black Bear). Remove Application Received November 20, 2008 existing and construct two new Date (363,000 gal.) water storage tanks at both the Drifting Site and the Kylertown Site.

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MINOR AMENDMENT shall not be subject to citizen suits or other contribution Northeast Region: Water Supply Management Program, actions brought by responsible persons not participating 2 Public Square, Wilkes-Barre, PA 18711-0790. in the remediation. Application No. 1395501MA, Minor Amendment, Under sections 304(n)(1)(ii) and 305(c)(2) of the act, Public Water Supply. there is a 30-day public and municipal comment period for sites proposed for remediation using a Site-Specific Applicant Lansford-Coaldale Joint Water Standard, in whole or in part, and for sites remediated as Authority a special industrial area. This period begins when a Nesquehoning and Coaldale summary of the Notice of Intent to Remediate is pub- Boroughs lished in a newspaper of general circulation in the area of the site. For the sites identified, proposed for remediation Responsible Official Tobias T. Krajcirik, Chairperson to a Site-Specific Standard or as a special industrial area, Lansford-Coaldale Joint Water the municipality within which the site is located may Authority request to be involved in the development of the remedia- 1 East Ridge Street tion and reuse plans for the site if the request is made Lansford, PA 18323 within 30 days of the date specified. During this comment Type of Facility PWS period, the municipality may request that the person identified as the remediator of the site develop and Consulting Engineer Edward J. Gaydos, P. E. implement a public involvement plan. Requests to be Edward J. Gaydos, Inc. involved and comments should be directed to the 250 Gerald Avenue remediator of the site. Orwigsburg, PA 17961 For further information concerning the content of a Application Received January 2, 2009 Notice of Intent to Remediate, contact the environmental Date cleanup program manager in the Department regional Description of Action Applicant requests approval for office before which the notice appears. If information the construction of a new 715,000 concerning this acknowledgment is required in an alter- gallon finished water storage native form, contact the community relations coordinator tank, the repair/rehabilitation of at the appropriate regional office. TDD users may tele- an existing 1,500,000 storage tank phone the Department through the Pennsylvania AT&T and the demolition of an existing Relay Service at (800) 654-5984. 125,000 gallon storage tank and The Department has received the following Notices of replacing it with a new tank of Intent to Remediate: the same size utilizing the existing foundation. Northeast Region: Ronald S. Brezinski, Environmental Cleanup Program Manager, 2 Public Square, Wilkes- LAND RECYCLING AND Barre, PA 18711-0790. ENVIRONMENTAL REMEDIATION Lehigh County Authority Park Pump Station, UNDER ACT 2, 1995 Jefferson Street and Park Drive, Allentown City, Lehigh County. Carlo DiTullio and Meredith Langille, Malcolm PREAMBLE 1 Pirnie, Inc., 640 Freedom Business Center, Suite 310, Acknowledgment of Notices of Intent to Remediate King of Prussia, PA 19406 has submitted a Notice of Submitted under the Land Recycling and Envi- Intent to Remediate (on behalf of their client, Lehigh ronmental Remediation Standards Act (35 P. S. County Authority, P. O. Box 3348, 1053 Spruce Street, §§ 6026.101—6026.908). Allentown, PA 18106-0348), concerning the remediation of soil and groundwater found to have been impacted by No. Sections 302—305 of the Land Recycling and Environ- 2 fuel oil as a result of an accidental release from an mental Remediation Standards Act (act) require the 8,000 gallon underground storage tank. The applicant Department of Environmental Protection (Department) to proposes to remediate the site to meet the Statewide publish in the Pennsylvania Bulletin an acknowledgment Health Standard. A summary of the Notice of Intent to noting receipt of Notices of Intent to Remediate. An Remediate is expected to be published in a local newspa- acknowledgment of the receipt of a Notice of Intent to per serving the general area sometime in the near future. Remediate is used to identify a site where a person Southcentral Region: Environmental Cleanup Program proposes to, or has been required to, respond to a release Manager, 909 Elmerton Avenue, Harrisburg, PA 17110. of a regulated substance at a site. Persons intending to use the Background Standard, Statewide Health Stan- Becker’s Lawn & Garden Equipment, Hanover Bor- dard, the Site-Specific Standard or who intend to remedi- ough, York County. Alternative Environmental Solu- ate a site as a special industrial area must file a Notice of tions, Inc., 480 New Holland Avenue, Suite 8203, Intent to Remediate with the Department. A Notice of Lancaster, PA 17602, on behalf of Richard Becker, 4073 Intent to Remediate filed with the Department provides a Grandview Road, Hanover, PA 17331, submitted a Notice brief description of the location of the site, a list of known of Intent to Remediate site soils contaminated with or suspected contaminants at the site, the proposed unleaded gasoline from an underground storage tank. The remediation measures for the site and a description of the site is to be remediated to a Site-Specific Standard and intended future use of the site. A person who demon- will continue to be used for commercial purposes. strates attainment of one, a combination of the cleanup Betty M. Weller Residence, Pike Township, Berks standards or who receives approval of a special industrial County. Hafer Environmental Services, Inc., P. O. Box area remediation identified under the act will be relieved 4418, Reading, PA 19606, on behalf of Betty M. Weller, 37 of further liability for the remediation of the site for any Rolling Rock Road, Boyertown, PA 19512, submitted a contamination identified in reports submitted to and Notice of Intent to Remediate soils contaminated with approved by the Department. Furthermore, the person gasoline from an underground tank. The site will be

PENNSYLVANIA BULLETIN, VOL. 39, NO. 5, JANUARY 31, 2009 NOTICES 613 remediated to a Residential Statewide Health Standard waste transfer facility located in Dunmore Borough, and will continue to be used for residential purposes. Lackawanna County. The application was received in Maple Springs Center, Borough of Birdsboro, Berks the Regional Office on October 31, 2008, and as of County. Hafer Environmental Services, Inc., P. O. Box January 8, 2009, it was found to be administratively 4418, Reading, PA 19606, on behalf of Maple Springs complete. Development, 6 Industrial Drive, Birdsboro, PA 19508, RESIDUAL WASTE GENERAL PERMITS submitted a Notice of Intent to Remediate site soils contaminated with No. 2 fuel oil from an underground Application received under the Solid Waste Man- storage tank. This site will be remediated to a Residential agement Act (35 P. S. §§ 6018.101—6018.1003); the Statewide Health Standard. Current and future use of Municipal Waste Planning, Recycling and Waste the property is commercial. Reduction Act (53 P. S. §§ 4000.101—4000.1904); Northcentral Region: Environmental Cleanup Program and Residual Waste Regulations for a General Manager, 208 West Third Street, Williamsport, PA 17701. Permit to Operate Residual Waste Processing Facilities and the Beneficial Use of Residual Wills Property, Harris Township, Centre County. Waste other than Coal Ash. Blazosky Assoc., Inc., 2525 Green Tech Drive, Suite D, State College, PA 16803 on behalf of Terry Wills, 203 Northwest Region: Regional Solid Waste Manager, 230 Homestead Lane, Boalsburg, PA 16827 has submitted a Chestnut Street, Meadville, PA 16335-3481. Notice of Intent to Remediate soil contaminated with No. 2 fuel oil. The applicant proposes to remediate the site to Residual Waste Beneficial Use of Coal Ash. Jim meet the Statewide Health Standard. The intended future Henry Farm, 215 Angus Lane, New Bethlehem, PA use of the property is as a private residence. 16242, Porter Township, Clarion County. The notice is for the use of fly ash as a stabilized product in accordance Northwest Region: Environmental Cleanup Program with 25 Pa. Code § 287.665(b)(3) of the Residual Waste Manager, 230 Chestnut Street, Meadville, PA 16335-3481. Regulations. The notice was received by the Northwest Bingham Station, Keating Township, McKean Regional Office on January 12, 2009. County. URS Corporation, Foster Plaza 4, 501 Holiday Drive, Suite 300, Pittsburgh, PA 15520 has submitted a AIR QUALITY Notice of Intent to Remediate. The site operated as a PLAN APPROVAL AND OPERATING PERMIT crude oil pumping station. Historical petroleum impact to APPLICATIONS soil and groundwater has been identified at the site. The site is currently vacant and is expected to be used for NEW SOURCES AND MODIFICATIONS nonresidential purposes in the future. The Notice of The Department of Environmental Protection (Depart- Intent to Remediate was published in The Bradford Era ment) has developed an ‘‘integrated’’ plan approval, State on November 21, 2008. operating permit and Title V operating permit program. Former Continental Rubber Site, City of Erie, Erie This integrated approach is designed to make the permit- County. MACTEC Engineering and Consulting, Inc., 800 ting process more efficient for the Department, the regu- North Bell Avenue, Suite 200, Pittsburgh, PA 15106 on lated community and the public. This approach allows the behalf of the Greater Erie Industrial Development Corpo- owner or operator of a facility to complete and submit all ration, 5240 Knowledge Parkway, Erie, PA 16510-4658; the permitting documents relevant to its application one Andrew Chinikidiachi, 1926 Liberty Street, Erie, PA time, affords an opportunity for public input and provides 16402; and Ralph J. Yamma, c/o Nancy Hill, 3450 Hannon for sequential issuance of the necessary permits. Road, Erie, PA 16510 has submitted a Notice of Intent to The Department has received applications for plan Remediate. Analytes detected in concentrations exceeding approvals and/or operating permits from the following Statewide Health Standard MSCs in groundwater were facilities. iron, manganese, trichloroethene, and bis[2-ethylhexyl] phthalate and in soil were lead and arsenic. Soils contain- Copies of the applications, subsequently prepared draft ing exceedances of arsenic were delineated and excavated; permits, review summaries and other support materials confirmatory samples indicate that no further action is are available for review in the regional office identified in needed in this area. The intended future use of the this notice. Persons interested in reviewing the applica- property is likely mixed and could include residential. tion files should contact the appropriate regional office to The Notice of Intent to Remediate was published in The schedule an appointment. Erie Times-News on December 1, 2008. Persons wishing to receive a copy of a proposed plan OPERATE WASTE PROCESSING OR DISPOSAL approval or operating permit must indicate their interest AREA OR SITE to the Department regional office within 30 days of the date of this notice and must file protests or comments on Application received under the Solid Waste Man- a proposed plan approval or operating permit within 30 agement Act (35 P. S. §§ 6018.101—6018.1003), the days of the Department providing a copy of the proposed Municipal Waste Planning, Recycling and Waste document to that person or within 30 days of its publica- Reduction Act (53 P. S. §§ 4000.101—4000.1904) tion in the Pennsylvania Bulletin, whichever comes first. and Regulations to Operate Solid Waste Process- Interested persons may also request that a hearing be ing or Disposal Area or Site. held concerning the proposed plan approval and operating Northeast Region: Regional Solid Waste Manager, 2 permit. Comments or protests filed with the Department Public Square, Wilkes-Barre, PA 18711-0790. regional offices must include a concise statement of the objections to the issuance of the Plan approval or operat- Permit Application No. 101481. Apex Waste Ser- ing permit and relevant facts which serve as the basis for vices, Waste Management of Pennsylvania, Inc., 13 the objections. If the Department schedules a hearing, a Peggy Parkway, Dunmore, PA 18512. A Permit Renewal notice will be published in the Pennsylvania Bulletin at application for continued operation of this municipal least 30 days prior the date of the hearing.

PENNSYLVANIA BULLETIN, VOL. 39, NO. 5, JANUARY 31, 2009 614 NOTICES

Persons with a disability who wish to comment and Southeast Region: Air Quality Program, 2 East Main require an auxiliary aid, service or other accommodation Street, Norristown, PA 19401, Sachin Shankar, New to participate should contact the regional office identified Source Review Chief, (484) 250-5920. before the application. TDD users should contact the Department through the Pennsylvania AT&T Relay Ser- 15-0132A: Cephalon, Inc. (145 Brandywine Parkway, vice at (800) 654-5984. West Chester, PA 19380) for operation of a diesel fuel oil-fired 750 kW internal combustion engine/electric gen- Final plan approvals and operating permits will contain erators in West Goshen Township, Chester County. This terms and conditions to ensure that the source is con- generator is an existing unit at the site and currently structed and operating in compliance with applicable grouped with other exempt generator units. The purpose requirements in 25 Pa. Code Chapters 121—143, the of this plan approval is to remove it from the exempt Federal Clean Air Act (act) and regulations adopted under group to provide more operating flexibility. This unit will the act. be used for peak shaving, emergency power and curtail- PLAN APPROVALS ment purposes as well as periodic readiness testing. The primary pollutant of concern is NOx. Cephalon is catego- Plan Approval Applications Received under the Air rized as a Synthetic Minor facility and the proposed Pollution Control Act (35 P. S. §§ 4001—4015) and operation of this generator will not cause the facility to 25 Pa. Code Chapter 127, Subchapter B that may exceed any major thresholds. The Plan Approval will have special public interest. These applications contain recordkeeping and operating restrictions designed are in review and no decision on disposition has to keep the facility operating within the allowable emis- been reached. sions and all applicable air quality requirements. 46-0032E: SPS Technologies, Inc. (301 Highland Av- Northeast Region: Air Quality Program, 2 Public enue, Jenkintown, PA 19046) for installation of two Square, Wilkes-Barre, PA 18711-0790, Ray Kempa, New coating booths, at SPS major manufacturing aerospace Source Review Chief, (570) 826-2507. parts facility at Highland Avenue, Abington Township, 54-303-020: Pottsville Materials, Inc. (P. O. Box 196, Montgomery County. The installation of two coating Skippack, PA 19474) for construction of a hot mix asphalt booths may result in the emissions of: 0.31 tpy of PM, plant which will include the use of waste derived liquid 6.84 tpy of VOCs and 0.50 tpy of HAPs. The Plan fuel at their site in New Castle Township, Schuylkill Approval and Operating Permit will contain additional County. recordkeeping and operating restrictions designed to keep the facility operating within all applicable air quality 54-308-025: Sapa Extrusions, Inc. (53 Pottsville requirements. The facility currently has a Title V Operat- Street, Cressona, PA 17929) for installation of a new ing Permit No. 46-00032. The Plan Approval will subse- baghouse with dry sorbent injection and oxygen injection quently be incorporated into the Title V Operating Permit on No. 8 and No. 9 melting furnaces at their site in through an administrative amendment in accordance with Cressona Borough, Schuylkill County. 25 Pa. Code § 127.450. Southwest Region: Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, M. Gorog and B. 15-0061A: Phoenixville Hospital, Inc. (140 Nutt Hatch, Environmental Engineer Managers, (412) 442- Road, Phoenixville, PA 19460) for installation of a new 4163/5226. 1,250-kW diesel-fired internal combustion engine/electric generator (EGEN), and replacement of an existing boiler 11-00524A: United Industrial (163 Cramer Pike, (Source ID 033 Boiler No. 3) with a new dual-fired Johnstown, PA 15906-1157) for installation of a paint (natural gas and No. 2 fuel oil) 12.247 mmBtu/hr boiler in booth at their facility in West Taylor Township, Cambria Phoenixville Borough, Chester County. Also part of this County. project, the facility will be removing a 150-kW diesel-fired 63-00936A: MarkWest Liberty Gas Gathering, LLC EGEN. The new EGEN is subject to the requirements of (1515 Arapahoe Street, Tower 2, Suite 700, Denver, CO 40 CFR Part 60 Subpart IIII—Standards of Performance 80202-2126) for installation of a propane removal system for Stationary Compression Ignition Internal Combustion at the Houston Gas Plant in Chartiers Township, Wash- Engines. The new boiler is subject to the requirements of ington County. 40 CFR Part 60 Subpart Dc—Standards of Performance for Small Industrial-Commercial-Institutional Steam Gen- 04-00728: Performance Building Products (119 AID erating Units. Potential emissions are below major facil- Drive, Darlington, PA 16115) for spray lacquer operations ity thresholds for the Philadelphia Metropolitan Area; the at their Darlington facility in Darlington Township, Bea- facility is classified as a Synthetic Minor Facility. The ver County. plan approval will include monitoring, testing, recordkeeping and reporting requirements designed to Northwest Region: Air Quality Program, 230 Chestnut keep the facility operating within all applicable air Street, Meadville, PA 16335-3481, George Monasky, New quality requirements. Source Review Chief, (814) 332-6940. 42-174F: Rustick, LLC—McKean County Landfill Northwest Region: Air Quality Program, 230 Chestnut (19 Ness Lane, Kane, PA 16735) for expansion of the Street, Meadville, PA 16335-3481, George Monasky, New landfill in Sergeant Township, McKean County. This is Source Review Chief, (814) 332-6940. a Title V facility. 10-333B: Penn United Technology, Inc. (799 North Pike Road, Cabot, PA 16023) for use of a nonhap solvent Intent to Issue Plan Approvals and Intent to Issue in the existing batch vapor solvent degreasing equipment or Amend Operating Permits under the Air Pollu- in Jefferson Township, Butler County. tion Control Act (35 P. S. §§ 4001—4015) and 25 Pa. Code Chapter 127, Subchapter B. These ac- In accordance with 25 Pa. Code §§ 127.44(b) and tions may include the administrative amend- 127.424(b), the Department of Environmental Protection ments of an associated operating permit. intends to issue a plan approval to use a nonhap solvent in the existing batch vapor solvent degreasing equipment

PENNSYLVANIA BULLETIN, VOL. 39, NO. 5, JANUARY 31, 2009 NOTICES 615 in Jefferson Township, Butler County. This plan approval comments or requests for a public hearing should be will, in accordance with 25 Pa. Code § 127.450, be incor- directed to John Guth, Regional Air Quality Manager, porated into the State-only operating permit through an Department of Environmental Protection, Northwest Re- administrative amendment at a later date. gional Office, 230 Chestnut Street, Meadville, PA 16335, 20-123D: Lord Corporation (124 Grant Street, Cam- (814) 332-6940. bridge Springs, PA, 16403) for installation of up to three OPERATING PERMITS hand spray booths and associated preheat ovens at their facility in Cambridge Springs Borough, Crawford Intent to Issue Title V Operating Permits under the County. This is a Title V facility. Air Pollution Control Act (35 P. S. §§ 4001—4015) and 25 Pa. Code Chapter 127, Subchapter G. Under 25 Pa. Code §§ 127.44(b) and 127.424(b), the Department of Environmental Protection (Department) Northeast Region: Air Quality Program, 2 Public intends to issue Plan Approval 20-123D to Lord Corpora- Square, Wilkes-Barre, PA 18711-0790, Ray Kempa, New tion for the installation of up to three hand spray booths Source Review Chief, (570) 826-2507. and associated preheat ovens at the company’s facility located at 124 Grant Street, Cambridge Springs Borough, 40-00017: PPL Martins Creek, LLC—Jenkins CTG Crawford County. The facility currently has a Title V (2 North Ninth Street, Allentown, PA 18101-1139) for permit No. 20-00123. The Plan Approval will subse- renewal of a Title V Operating Permit to operate an quently be incorporated into the Title V Operating Permit electric generating substation consisting of two combus- through an administrative amendment in accordance with tion turbines fired by No. 2 fuel oil in Laflin Borough, 25 Pa. Code § 127.450. Luzerne County. The proposed Title V Operating Per- mit does not reflect any change in air emissions from the Plan Approval No. 20-123D is for the installation of up facility. This Title V Operating Permit shall include to three hand adhesive spray booths and associated emission restrictions, monitoring, recordkeeping and re- preheat ovens. Based on the information provided by the porting requirements designed to ensure this facility applicant and the Department’s own analysis, the pro- complies with all applicable air quality regulations. posed sources will emit a total of 21.63 tons of VOCs per year and 0.005 ton of PM per year, all of which will be 40-00022: PPL Martins Creek, LLC—Hartwood less than PM10. This proposed installation will not result CTS (2 North Ninth Street, Allentown, PA 18101-1139) in an overall increase in production, as these units will be for renewal of a Title V Operating Permit to operate an used as an alternative to the No. 3 and No. 4 Binks Spray electric generating substation consisting of two combus- Lines (Source ID’s 104 and 105). The total VOC emissions tion turbines fired by No. 2 fuel oil in Hazle Township, limit of 127 tpy, covering the totals from Source ID’s Luzerne County. The proposed Title V Operating Per- 102—105, 107, 119, 108A-F and also the new units, has mit does not reflect any change in air emissions from the not been increased. facility. This Title V Operating Permit shall include emission restrictions, monitoring, recordkeeping and re- The Plan Approval will contain additional recordkeep- porting requirements designed to ensure this facility ing and work practice requirements designed to keep the complies with all applicable air quality regulations. facility operating within all applicable air quality requirements. This proposed installation will additionally be Southcentral Region: Air Quality Program, 909 subject to 40 CFR 63, Subparts MMMM and PPPP, the Elmerton Avenue, Harrisburg, PA 17110, William R. applicable requirements of which will be contained in the Weaver, New Source Review Chief, (717) 705-4702. Plan Approval. 36-05134: Lancaster Laboratories, Inc. (2425 New Copies of the application, the Department’s analysis Holland Pike, Lancaster, PA 17605-2425) for operation of and other documents used in the evaluation are available an analytical, research and consulting services facility in for public inspection between 8 a.m. and 4 p.m. weekdays Upper Leacock Township, Lancaster County. This is a at the address shown. To make an appointment, contact renewal of the Title V operating permit issued in 2004. Records Management at (814) 332-6340. Intent to Issue Operating Permits under the Air Anyone wishing to provide the Department with addi- Pollution Control Act (35 P. S. §§ 4001—4015) and tional information they believe should be considered may 25 Pa. Code Chapter 127, Subchapter F. submit the information to the address shown. Comments must be received by the Department within 30 days of Southeast Region: Air Quality Program, 2 East Main the last day of publication. Written comments should Street, Norristown, PA 19428, Janine Tulloch-Reid, Facil- include the following: ities Permitting Chief, (484) 250-5920. 1. Name, address and telephone number of the person 46-00180: Transicoil, LLC (9 Iron Bridge Drive, Col- submitting comments. legeville, PA 19426) for issuance of a State-only Operating Permit to operate three Vapor Degreasers that uses 2. Identification of the proposed Plan Approval; No. trichloroethylene (TCE) as degreasing agent, and a 20-123D. Methanol Glass Cleaning Operation, that uses Methanol 3. Concise statement regarding the relevancy of the as cleaning agent in Perkiomen Township, Montgomery information or any objections to issuance of the Plan County. The facility is synthetic minor for HAP and Approval. VOC. Plan Approvals, 46-0180 and 46-0180A, are being incorporated into the facility synthetic minor operating A public hearing may be held, if the Department, in its permit, SMOP 46-00180. This Operating Permit shall discretion, decides that such a hearing is warranted on include monitoring and recordkeeping designed to ensure the comments received during the public comment period. this facility complies with all applicable air quality Persons submitting comments or requesting a hearing regulations. will be notified of the decision to hold a hearing by publication in a local newspaper of general circulation or Northeast Region: Air Quality Program, 2 Public the Pennsylvania Bulletin or by telephone, where the Square, Wilkes-Barre, PA 18711-0790, Ray Kempa, New Department determines notification is sufficient. Written Source Review Chief, (570) 826-2507.

PENNSYLVANIA BULLETIN, VOL. 39, NO. 5, JANUARY 31, 2009 616 NOTICES

1239-00022: Sunoco Partners Requests for an informal conference, or a public hear- Marketing & Terminals LP (1735 Market Street, Phila- ing, as applicable, on a mining permit application, as delphia, PA 19103-7501) for operation of Petroleum Bulk provided by 25 Pa. Code §§ 77.123 or 86.34, must contain Stations and Terminals in Whitehall Township, Lehigh the name, address and telephone number of the re- County. This is a State-only Synthetic Minor operating questor; the application number; a brief summary of the permit. issues to be raised by the requestor at the conference; and a statement whether the requestor desires to have the Southcentral Region: Air Quality Program, 909 conference conducted in the locality of the proposed Elmerton Avenue, Harrisburg, PA 17110, William R. mining activities. Weaver, New Source Review Chief, (717) 705-4702. Where a National Pollutant Discharge Elimination 36-03101: Pennfield Corporation (3579 Hempland System (NPDES) number is listed, the mining activity Road, Lancaster, PA 17601) for operation on their feed permit application was accompanied by an application for plant in East Hempfield Township, Lancaster County. an individual NPDES permit. The Department has made This is a renewal of the State-only operating permit a tentative determination to issue the NPDES permit in issued in March 2004. conjunction with the mining activity permit, but the issuance of the NPDES permit is contingent upon the 36-03108: North American Bristol Corporation (88 approval of the associated mining activity permit. Newport Road, Leola, PA 17540) for their pipe manufacturing facility in Upper Leacock Township, Lancaster For coal mining activities, NPDES permits, when is- County. This is a renewal of the State-only operating sued, will contain effluent limits that do not exceed the permit issued in August 2004. technology-based effluent limitations. The proposed limits are listed in Table 1. COAL AND NONCOAL MINING For noncoal mining activities, the proposed limits are ACTIVITY APPLICATIONS found in Table 2. Discharges from noncoal mines located in some geologic settings (for example, in the coal fields) Applications under the Surface Mining Conservation may require additional effluent limits. If additional efflu- and Reclamation Act (52 P. S. §§ 1396.1—1396.19a); the ent limits are needed for an NPDES permit associated Noncoal Surface Mining Conservation and Reclamation with a noncoal mining permit, then the permit descrip- Act (52 P. S. §§ 3301—3326); The Clean Streams Law (35 tion below specifies the parameters. The limits will be in P. S. §§ 691.1—691.1001); the Coal Refuse Disposal Act the ranges specified in Table 1. (52 P. S. §§ 30.51—30.66); The Bituminous Mine Subsid- ence and Land Conservation Act (52 P. S. §§ 1406.1— More restrictive effluent limitations, restrictions on 1406.21). Mining activity permits issued in response to discharge volume, or restrictions on the extent of mining such applications will also address the applicable permit- that may occur, will be incorporated into an NPDES ting requirements of the following statutes: the Air permit when necessary for compliance with water quality Pollution Control Act (35 P. S. §§ 4001—4015); the Dam standards and antidegradation requirements (in accordance with 25 Pa. Code Chapters 91—96). Safety and Encroachments Act (32 P. S. §§ 693.1— 693.27); and the Solid Waste Management Act (35 P. S. The procedures for determining the final effluent limits, §§ 6018.101—6018.1003). using a mass-balance equation or model, are found in Technical Guidance Document 362-0600-001, NPDES Pro- The following permit applications to conduct mining gram Implementation—Memorandum of Understanding activities have been received by the Department of Envi- Concerning Water Quality Management, NPDES Program ronmental Protection (Department). A copy of the applica- Implementation and Related Matters. Other specific fac- tion is available for inspection at the District Mining tors to be considered include public comments and Total Office indicated above each application. Where a 401 Maximum Daily Loads (TMDLs). Water Quality Certification is needed for any aspect of a particular proposed mining activity, the submittal of the Persons wishing to comment on an NPDES permit permit application will serve as the request for the application should submit a statement to the Department certification. at the address of the district mining office indicated previously each application within 30 days of this public Written comments or objections, or requests for an notice. Comments received within the comment period informal conference, or a public hearing, as applicable, on will be considered in the final determinations regarding a mining permit application may be submitted by any the NPDES permit applications. Comments must include person or any officer or head of any Federal, State or the name, address and telephone number of the writer local government agency or authority to the Department and a concise statement to inform the Department of the at the address of the district mining office indicated above exact basis of a comment and the relevant facts upon each application within 30 days of this publication, or which it is based. within 30 days after the last publication of the applicant’s newspaper advertisement, as provided by 25 Pa. Code The Department will also accept requests or petitions §§ 77.121—77.123 and 86.31—86.34. for a public hearing on NPDES permit applications, as provided in 25 Pa. Code § 92.61. The request or petition Written comments or objections related to a mining for a public hearing shall be filed within 30 days of this permit application should contain the name, address and public notice and shall contain the name, address, tele- telephone number of persons submitting comments or phone number and the interest of the party filing the objections; application number; and a statement of suffi- request, and shall state the reasons why a hearing is cient detail to inform the Department on the basis of warranted. A public hearing may be held if the Depart- comment or objection and relevant facts upon which it is ment considers the public interest significant. If a hearing based. is scheduled, a notice of the hearing on the NPDES

PENNSYLVANIA BULLETIN, VOL. 39, NO. 5, JANUARY 31, 2009 NOTICES 617 permit application will be published in the Pennsylvania Coal Applications Received Bulletin and a newspaper of general circulation within the relevant geographical area. In the case where a public Effluent Limits—The following range of effluent limits hearing is held, the Department will consider comments will apply to NPDES permits issued in conjunction with from the public hearing in the final determination on the the associated coal mining activity permit and, in some NPDES permit application. cases, noncoal mining permits:

Table 1 30-Day Daily Instantaneous Parameter Average Maximum Maximum Iron (Total) 1.5 to 3.0 mg/l 3.0 to 6.0 mg/l 3.5 to 7.0 mg/l Manganese (Total) 1.0 to 2.0 mg/l 2.0 to 4.0 mg/l 2.5 to 5.0 mg/l Suspended solids 10 to 35 mg/l 20 to 70 mg/l 25 to 90 mg/l Aluminum (Total) 0.75 to 2.0 mg/l 1.5 to 4.0 mg/l 2.0 to 5.0 mg/l pH1 greater than 6.0; less than 9.0 Alkalinity greater than acidity1 1The parameter is applicable at all times.

A settleable solids instantaneous maximum limit of 0.5 General Permit, BAQ-GPA/GP-12 on Surface Mining Per- ml/l applied to: surface runoff (resulting from a precipita- mit No. 54830207 in Mahanoy Township, Schuylkill tion event of less than or equal to a 10-year 24-hour County. Application received January 8, 2009. event) from active mining areas; active areas disturbed by 54-305-012GP12. Reading Anthracite Company, coal refuse disposal activities; and mined areas backfilled (P. O. Box 1200, Pottsville, PA 17901), application to and revegetated; and drainage (resulting from a precipita- operate a coal preparation plant whose pollution control tion event of less than or equal to a 1-year 24-hour event) equipment is required to meet all applicable limitations, from coal refuse disposal piles. terms and conditions of General Permit, BAQ-GPA/GP-12 California District Office: 25 Technology Drive, Coal on Surface Mining Permit No. 54783702C5 in Norwegian Center, PA 15423, (724) 769-1100. Township, Schuylkill County. Application received 30831303 and NPDES Permit No. PA0013511, Cum- January 8, 2009. berland Coal Resources, LP, (158 Portal Road, P. O. 40070201C. Mineral Reclamation, LLC, (30 Market Box 1020, Waynesburg, PA 15370), to revise the permit Street, Pittston, PA 18640), correction to an existing for the Cumberland Mine in Center Township, Greene anthracite coal refuse reprocessing operation to include a County to add surface acres to construct and operate the dry processing facility and a stream variance for refuse No. 6 Bleeder Shaft Site. Surface Acres Proposed 30.0. No removal within 10 feet of a UNT of Warrior Creek in additional discharges. Application received October 20, Hanover Township, Luzerne County affecting 37.0 2008. acres, receiving stream: Warrior Creek, classified for the 56911602 and NPDES Permit No. PA0214400, following use: CWF. Application received January 8, 2009. Berwind Coal Sales Company, (509 15th Street, 54830107R5 and NPDES Permit No. PA0613568. Windber, PA 15963-1603), to renew the permit for the Selkirk Enterprises, LLC, (10 Gilberton Road, Huskin Run Tipple in Shade Township, Somerset Gilberton, PA 17934), renewal of an existing anthracite County and related NPDES permit. No additional dis- surface mine, coal refuse reprocessing and disposal opera- charges. Application received December 9, 2008. tion in Reilly and Branch Townships, Schuylkill County Knox District Mining Office: P. O. Box 669, 310 Best affecting 2207.0 acres, receiving stream: West Branch Avenue, Knox, PA 16232-0669, (814) 797-1191. Schuylkill River. Application received January 9, 2009. 24030102 and NPDES Permit No. PA0242322. 54850201C. Joe Kuperavage Coal Company, (916 AMFIRE Mining Company, LLC (One Energy Place, Park Avenue, Port Carbon, PA 17965), correction to an Suite 2800, Latrobe, PA 15650). Renewal of an existing existing anthracite coal refuse reprocessing and surface bituminous surface strip operation in Fox Township, Elk mine operation for a stream crossing of a UNT of County affecting 172.5 acres. Receiving streams: Mill Schuylkill River in Blythe Township, Schuylkill County, Run, classified for the following use: CWF. There are no affecting 31.1 acres, receiving stream: UNT of Schuylkill potable surface water supply intakes within 10 miles River, classified for the following use: CWF. Application downstream. Application received January 14, 2009. received January 12, 2009. Pottsville District Mining Office: 5 West Laurel Boule- 40990201R2. Jeddo-Highland Coal Company, (46 vard, Pottsville, PA 17901, (570) 621-3118. Public Square, Suite 600, Wilkes-Barre, PA 18701), renewal of an existing anthracite coal refuse reprocessing 54-305-001GP12. Blaschak Coal Corp., (P. O. Box 12, operation in Hanover and Wilkes-Barre Townships and Mahanoy City, PA 17948), renewal of a coal preparation Laurel Run Borough, Luzerne County affecting 194.4 plant whose pollution control equipment is required to acres, receiving stream: none. Application received Janu- meet all applicable limitations, terms and conditions of ary 13, 2009.

PENNSYLVANIA BULLETIN, VOL. 39, NO. 5, JANUARY 31, 2009 618 NOTICES

54910206R3 and NPDES Permit No. PA0595390. Noncoal Applications Received Meadowbrook Coal Co., Inc., (6690 Route 209, Lykens, PA 17048), renewal of an existing anthracite coal refuse Effluent Limits—The following effluent limits will apply reprocessing, prep plant and surface mine operation in to NPDES permits issued in conjunction with a noncoal Tremont Township, Schuylkill County affecting 190.0 mining permit: acres, receiving stream: Stumps Run. Application received January 14, 2009.

Table 2 30-day Daily Instantaneous Parameter Average Maximum Maximum Suspended solids 10 to 35 mg/l 20 to 70 mg/l 25 to 90 mg/l Alkalinity exceeding acidity* pH* greater than 6.0; less than 9.0 * The parameter is applicable at all times.

A settleable solids instantaneous maximum limit of 0.5 Obstruction and Encroachment Permit or the approval of ml/l applied to surface runoff resulting from a precipita- an Environmental Assessment must submit comments, tion event of less than or equal to a 10-year 24-hour suggestions or objections within 30 days of the date of event. If coal will be extracted incidental to the extraction this notice, as well as questions, to the regional office of noncoal minerals, at a minimum, the technology-based noted before the application. Comments should contain effluent limitations identified under coal applications will the name, address and telephone number of the person apply to discharges of wastewater to streams. commenting, identification of the certification request to which the comments or objections are addressed and a Cambria District Mining Office: 286 Industrial Park concise statement of comments, objections or suggestions Road, Ebensburg, PA 15931, (814) 472-1900. including the relevant facts upon which they are based. 56920302 and NPDES Permit No. PA0212326. New The Department may conduct a fact-finding hearing or Enterprise Stone & Lime Company, Inc., P. O. Box 77, an informal conference in response to comments if New Enterprise, PA 16664, renewal of NPDES Permit in deemed necessary. Individuals will be notified, in writing, Shade Township, Somerset County. Receiving stream: of the time and place of a scheduled hearing or conference Laurel Run classified for the following use: CWF. The concerning the certification request to which the com- first downstream potable water supply intake from the ment, objection or suggestion relates. Maps, drawings and point of discharge is Cambria Somerset Authority other data pertinent to the certification request are Stonycreek SWI. Application received January 7, 2009. available for inspection between 8 a.m. and 4 p.m. on Knox District Mining Office: P. O. Box 669, 310 Best each working day at the regional office noted before the Avenue, Knox, PA 16232-0669, (814) 797-1191. application. Persons with a disability who wish to attend a hearing 3076SM13. White Rock Silica Sand Company, Inc. and require an auxiliary aid, service or other accommoda- (331 Methodist Road, Greenville, PA 16125). Renewal of tion to participate in the proceedings should contact the NPDES Permit No. PA0207535, Hempfield Township, specified program. TDD users should contact the Depart- Mercer County. Receiving streams: Mathay Run and ment through the Pennsylvania AT&T Relay Service at UNT to Shenango River, classified for the following use: (800) 654-5984. WWF. The first downstream potable surface water supply intake from the point of discharge is Greenville Municipal Applications received under the Dam Safety and Water Authority. The Department of Environmental Pro- Encroachments Act (32 P. S. §§ 693.1—693.27) and tection has made a tentative determination to impose section 302 of the Flood Plain Management Act effluent limitations, within the ranges specified in Table 1 (32 P. S. § 679.302) and requests for certification for iron, manganese, total suspended solids and alumi- under section 401(a) of the Federal Water Pollu- num in addition to the limits identified in Table 2. tion Control Act (33 U.S.C.A. § 1341(a)). NPDES renewal application received January 9, 2009. WATER OBSTRUCTIONS AND ENCROACHMENTS FEDERAL WATER POLLUTION Northeast Region: Watershed Management Program CONTROL ACT, SECTION 401 Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790, The following permit applications, requests for Environ- (570) 826-2511. mental Assessment approval and requests for 401 Water E58-282. Department of Transportation, Engineer- Quality Certification have been received by the Depart- ing District 4-0, 55 Keystone Industrial Park, Dunmore, ment of Environmental Protection (Department). Section PA 18512, in Jessup Township, Susquehanna County, 401 of the Federal Water Pollution Control Act (FWPCA) United States Army Corps of Engineers, Baltimore Dis- (33 U.S.C.A. § 1341) requires the State to certify that the trict. involved projects will not violate the applicable provisions To remove the existing temporary structure and to of sections 301—303, 306 and 307 of the FWPCA (33 construct and maintain a single span prestressed concrete U.S.C.A. §§ 1311—1313, 1316 and 1317) as well as spread box beam bridge, have a clear normal span of 108 relevant State requirements. Persons objecting to ap- feet and underclearance of 2.6 feet, across East Branch proval of a request for certification under section 401 of Wyalusing Creek (CWF). The previous flood damaged the FWPCA or to the issuance of a Dam Permit, Water structure was removed and the temporary bridge was

PENNSYLVANIA BULLETIN, VOL. 39, NO. 5, JANUARY 31, 2009 NOTICES 619 constructed in November 2006 under emergency permit Longitude: 77° 12Ј 50Љ), restore and maintain a 50.0-foot EP58064168. The project is located along SR 3027 long section on a UNT to Rock Creek and construct and (Fairdale Road), Section 571, Segment 0060, just south- maintain a 25.0-foot long 36-inch diameter concrete pipe east of the intersection of SR 3027 and SR 706 (Montrose culvert and two 20.0-foot long 42-inch diameter concrete West, PA Quadrangle Latitude: 41° 47Ј 57Љ; Longitude: pipe culverts in a UNT to Rock Creek (WWF) (Get- 75° 58Ј 41Љ). tysburg, PA Quadrangle N: 10.0 inches; W: 12.18 inches, Ј Љ Ј Љ Southcentral Region: Watershed Management Program Latitude: 39° 48 18 ; Longitude: 77° 12 42 ) for the Manager, 909 Elmerton Avenue, Harrisburg, PA 17110, purpose of expanding the quarry located along the west (717) 705-4707. side of PA 97 about 1 mile south of Gettysburg in Cumberland Township, Adams County. E31-215: Spruce Creek Habitat Improvements, Spruce Creek Rod and Gun Club, P. O. Box 1762, Altoona, Northcentral Region: Water Management Program PA 16603-1762, Franklin Township, Huntingdon Manager, 208 West Third Street, Williamsport, PA 17701, County, United States Army Corps of Engineers, Balti- (570) 327-3636. more District. E60-199. Department of Transportation, Engineer- 1. To remove the existing breached rock dam and ing District 3-0, P. O. Box 218, Montoursville, PA 17754- construct and maintain a rock cross vane in Spruce Creek 0218. SR 3004 Segment 0150 Bridge Structure Replace- (HQ-CWF) and a 35-foot long by 1.5-foot high mud sill ment over a UNT to Cold Run, Lewis Township, Union along the right bank of Spruce Creek (HQ-CWF) County, United States Army Corps of Engineers, Balti- more District (Hartleton, PA Quandrangle N: 40° 52Ј (Franklinville, PA Quadrangle N: 10.24 inches; W: 4.97 Љ Ј Љ inches, Latitude: 40° 40Ј 53Љ; Longitude: 78° 02Ј 09Љ). 45.1 ;W:77° 08 51.8 ). 2. To repair and maintain the outlet structure of a The applicant proposes to replace an existing single span, concrete slab bridge over a UNT to Cold Run with a nonregulated dam along the flood plain of Spruce Creek Љ Љ (HQ-CWF), dredge the pond, and maintain a 4-foot wide 56 foot long 53 by 83 precast horizontal elliptical footbridge having a span of 37.0 feet with 5.5 feet reinforced concrete pipe. The existing structure has a underclearance across Spruce Creek (HQ-CWF) normal clear span of 12.0 feet, a curb-to-curb width of (Franklinville, PA Quadrangle N: 9.63 inches; W: 9.35 16.0 feet, and a maximum under clearance of 3 feet 1 inches, Latitude: 40° 40Ј 41Љ; Longitude: 78° 02Ј 19Љ). inch. Cold Run has a 25 Pa. Code Chapter 93 water use protection designation of TSF. The project will result in 3. To construct and maintain a 95-foot long by 1.5-foot impacts to 55 linear feet of stream and 0.048 acre of PEM high mud sill and a 40-foot long by 1.5-foot high log vane wetlands. along the left and right banks of Spruce Creek (HQ-CWF) and maintain a 4-foot wide foot bridge having a span of ENVIRONMENTAL ASSESSMENTS 39.0 feet with 5.5 feet underclearance across Spruce Northeast Region: Water Management Program Man- Creek (HQ-CWF) (Franklinville, PA Quadrangle N: 9.63 ager, 2 Public Square, Wilkes-Barre, PA 18711-0790. inches; W: 5.85 inches, Latitude: 40° 40Ј 41Љ; Longitude: Ј Љ EA40-011. Earth Conservancy, Attn: Michael Dziak, 78° 02 32 ). Executive Director, 101 South Main Street, Ashley, PA 4. To remove the existing log dam and construct and 18706-1506, in Hanover Township, Luzerne County, maintain a rock cross vane and a 27-foot wide channel United States Army Corps of Engineers, Baltimore Dis- block in Spruce Creek (HQ-CWF) (Franklinville, PA trict. Quadrangle N: 5.45 inches; W: 10.83 inches, Latitude: Ј Љ Ј Љ To reclaim a mine reclamation grading project adjacent 40° 39 18 ; Longitude: 78° 04 41 ). to Concrete City in Hanover Township and Nanticoke 5. To maintain a 4-foot wide footbridge having a span which will involve the permanent impact of 0.68 acre of of 40.0 feet with a 5.5 feet underclearance across Spruce PEM wetlands along the edge of a silt pond previously Creek (HQ-CWF) (Franklinville, PA Quadrangle N: 5.70 used for mining operations and some isolated pockets of inches; W: 10.67 inches, Latitude: 40° 39Ј 23Љ; Longitude: wetlands. The water quality in the area is degraded with 78° 04Ј 37Љ). a pH of less than 5.0 and Aluminum less than 0.6 mg/l 6. To construct and maintain channel blocks along the the project is located along Middle Road approximately 2 upstream and downstream ends of a side channel of miles West of the intersection with SR 0029 (Wilkes-Barre West, PA Quadrangle Latitude: 41° 11Ј Spruce Creek (HQ-CWF) (Franklinville, PA Quadrangle Љ Ј Љ N: 5.56 inches; W: 9.15 inches, Latitude: 40° 39Ј 20Љ; 24.6 ; Longitude: 75° 58 47.2 ). Longitude: 78° 03Ј 57Љ). EA52-002. National Park Service, Attn: Kris The activities are related to fish habitat improvements Provenzano, Project Manager, Delaware Water Gap Na- by the Spruce Creek Rod and Gun Club in Franklin tional Recreation Area, 1 River Road, Bushkill, PA 18324, Township, Huntingdon County. in Delaware Township, Pike County, United States Army Corps of Engineers, Philadelphia District. E01-283: Valley Quarries Gettysburg Operation, Valley Quarry, Inc., 297 Quarry Road, P. O. Box J, To repair and maintain an existing concrete boat and Chambersburg, PA 17201-0809, Cumberland Township, canoe launch ramp in the Delaware River (WWF, MF). Adams County, United States Army Corps of Engineers, The project requires the approval of an Environmental Baltimore District. Assessment for section 401 Water Quality Certification. The project is located on the right bank east of US Route To relocate and maintain an 825.0-foot long section of a 209 and downstream of SR 2019 and the Dingman’s Ferry UNT to Rock Creek (WWF) (Gettysburg, PA Quadrangle Toll Bridge (Stroudsburg, PA Quadrangle Latitude: N: 10.0 inches; W: 12.50 inches, Latitude: 39° 48Ј 18Љ; 41° 12Ј 41Љ; Longitude: 74° 51Ј 36Љ).

PENNSYLVANIA BULLETIN, VOL. 39, NO. 5, JANUARY 31, 2009 620 NOTICES

ACTIONS

THE CLEAN STREAMS LAW AND THE FEDERAL CLEAN WATER ACT FINAL ACTIONS TAKEN FOR NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMITS AND WATER QUALITY MANAGEMENT (WQM) PERMITS The Department of Environmental Protection (Department) has taken the following actions on previously received applications for new, amended and renewed NPDES and WQM permits, applications for permit waivers and Notices of Intent (NOI) for coverage under general permits. This notice is provided in accordance with 25 Pa. Code Chapters 91 and 92 and 40 CFR Part 122, implementing provisions of The Clean Streams Law (35 P. S. §§ 691.1—691.1001) and the Federal Clean Water Act. Location Permit Authority Application Type or Category Section I NPDES Renewals Section II NPDES New or amendment Section III WQM Industrial, sewage or animal wastes; discharges to groundwater Section IV NPDES MS4 individual permit Section V NPDES MS4 permit waiver Section VI NPDES Individual permit stormwater construction Section VII NPDES NOI for coverage under NPDES general permits

Sections I—VI contain actions related to industrial, animal or sewage wastes discharges, discharges to groundwater and discharges associated with municipal separate storm sewer systems (MS4), stormwater associated with construction activities and concentrated animal feeding operations (CAFOs). Section VII contains notices for parties who have submitted NOIs for coverage under general NPDES permits. The approval for coverage under general NPDES permits is subject to applicable effluent limitations, monitoring, reporting requirements and other conditions set forth in each general permit. The approval of coverage for land application of sewage sludge or residential septage under applicable general permit is subject to pollutant limitations, pathogen and vector attraction reduction requirements, operational standards, general requirements, management practices and other conditions set forth in the respective permit. Permits and related documents, effluent limitations, permitting requirements and other information are on file and may be inspected and arrangements made for copying at the contact office noted before the action. Persons aggrieved by an action may appeal, under section 4 of the Environmental Hearing Board Act (35 P. S. § 7514) and 2 Pa.C.S. §§ 501—508 and 701—704 (relating to the Administrative Agency Law), to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users should contact the Environmental Hearing Board (Board) through the Pennsylvania AT&T Relay Service, (800) 654-5984. Appeals must be filed with the Board within 30 days of publication of this notice in the Pennsylvania Bulletin, unless the appropriate statute provides a different time period. Copies of the appeal form and the Board’s rules of practice and procedure may be obtained from the Board. The appeal form and the Board’s rules of practice and procedure are also available in Braille or on audiotape from the Secretary of the Board at (717) 787-3483. This paragraph does not, in and of itself, create any right of appeal beyond that permitted by applicable statutes and decision law. For individuals who wish to challenge an action, appeals must reach the Board within 30 days. A lawyer is not needed to file an appeal with the Board. Important legal rights are at stake, however, so individuals should show this notice to a lawyer at once. Persons who cannot afford a lawyer may qualify for free pro bono representation. Call the Secretary to the Board at (717) 787-3483 for more information.

I. NPDES Renewal Permit Actions

Northeast Region: Water Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790. NPDES No. Facility Name & County & Stream Name EPA Waived (Type) Address Municipality (Watershed #) Y/N ? PA-0060356 Camp Wayne For Boys, Inc. Wayne County Lower Twin Lake Y (Sewage) 15 Camp Wayne Road Buckingham Township 1A Preston Park, PA 18455 PA0052426 Allied Utility Services, Inc. North Whitehall UNT to Coplay Creek Y (Minor Sewage) (Schnecksville North STP) Township 02C P. O. Box 1488 Lehigh County Skippack, PA 19474-1488

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Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110, (717) 705-4707. NPDES No. Facility Name & County & Stream Name EPA Waived (Type) Address Municipality (Watershed #) Y/N ? PA0080331 Ephrata Area Joint Authority Lancaster County UNT Cocalico Creek Y (IW) 124 South State Street Ephrata Borough 7-J Ephrata, PA 17522 PA0247201 (IW) City of Lancaster Lancaster County Strickler Run Y 120 North Duke Street Hempfield Township 7-G Lancaster, PA 17608 Southwest Region: Water Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745. NPDES No. Facility Name & County & Stream Name EPA Waived (Type) Address Municipality (Watershed #) Y/N PA0252590 Center Township Supervisors Greene County South Fork Y Sewage P. O. Box 435 Center Township Tenmile Creek Rogersville, PA 15359 PA0040843 Lutheran Camp Association Somerset County UNT of Pickings Run Y Sewage P. O. Box 245 Jenner Township Jennerstown, PA 15547 Northwest Region: Water Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481. NPDES No. Facility Name & County & Stream Name EPA Waived (Type) Address Municipality (Watershed #) Y/N ? PA0005321 Praxis Companies, LLC Taylor Township Shenango River Y 435 Industrial Drive Lawrence County 20-A Savannah, TN 38372-5996

II. New or Expanded Facility Permits, Renewal of Major Permits and EPA Nonwaived Permit Actions Southeast Region: Water Management Program Manager, 2 East Main Street, Norristown, PA 19401. NPDES Permit No. PA0244244, Industrial Waste, Flint Group of North American Corporation, 210 Phillips Road, Lionville, PA 19341. This proposed facility is located in Uwchlan Township, Chester County. Description of Proposed Action/Activity: Approval for the renewal to discharge stormwater from the facility to Pine Creek in Watershed 3H. This discharge was previously covered under permit No. PAR230077. NPDES Permit No. PA0050016, Industrial Waste, Markel Corporation, 435 School Lane, Plymouth Meeting, PA 19462. This proposed facility is located in Plymouth Township, Montgomery County. Description of Proposed Action/Activity: Approval for the renewal to discharge from the facility into Diamond Run in Watershed 3F—Lower Schuylkill River. NPDES Permit No. PA0042978, Sewage, Pennsylvania Historical and Museum Commission, P. O. Box 103, Washington Crossing, PA 18977. This proposed facility is located in Solebury Township, Bucks County. Description of Proposed Action/Activity: Approval for the renewal to discharge treated sewage from the STP into the Delaware River Watershed 2E. NPDES Permit No. PA0023949, Sewage, Brookhaven Borough, 2 Cambridge Road, Brookhaven, PA 19015. This proposed facility is located in Brookhaven Borough, Delaware County. Description of Proposed Action/Activity: Approval for the renewal to discharge treated sewage into Chester Creek in Watershed 3G. Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110, (717) 705-4707. NPDES Permit No. PA0024431, Amendment No. 1, Sewage, Dillsburg Area Authority, 99 West Church Road, Dillsburg, PA 17019. This proposed facility is located in Carroll Township, York County. Description of Proposed Action/Activity: Authorization to discharge to Dogwood Run in Watershed 7-E. NPDES Permit No. PA0026280, Amendment No. 1, Sewage, Borough of Lewistown, Two East Third Street, Lewistown, PA 17044-1799. This proposed facility is located in Lewistown Borough, Mifflin County. Description of Proposed Action/Activity: Authorization to discharge to Juniata River in Watershed 12-A. NPDES Permit No. PA0038415, Amendment No. 1, Sewage, East Pennsboro Township, 99 South Enola Drive, Enola, PA 17025. This proposed facility is located in East Pennsboro Township, Cumberland County. Description of Proposed Action/Activity: Authorization to discharge to Conodoguinet Creek in Watershed 7-B. NPDES Permit No. PA0023744, Amendment No. 1, Sewage, Northeastern York County Sewer Authority, 175 Chestnut Street, P. O. Box 516, Mount Wolf, PA 17347. This proposed facility is located in East Manchester Township, York County.

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Description of Proposed Action/Activity: Authorization to discharge to Susquehanna River in Watershed 7-F. NPDES Permit No. PA0026263, Amendment No. 1, Sewage, York City Sewer Authority, c/o Stacey R. Macneal, Katherman, Heim & Perry, 345 East Market Street, York, PA 17403. This proposed facility is located in Manchester Township, York County. Description of Proposed Action/Activity: Authorization to discharge to Codorus Creek in Watershed 7-H. NPDES Permit No. PA0037150, Amendment No. 1, Sewage, Penn Township Board of Commissioners,20 Wayne Avenue, Hanover, PA 17331. This proposed facility is located in Penn Township, York County. Description of Proposed Action/Activity: Authorization to discharge to Oil Creek in Watershed 7-H. NPDES Permit No. PA0020885, Amendment No. 1, Sewage, Borough of Mechanicsburg, 36 West Allen Street, Mechanicsburg, PA 17055. This proposed facility is located in Mechanicsburg Borough, Cumberland County. Description of Proposed Action/Activity: Authorization to discharge to Conododuinet Creek in Watershed 7-B. NPDES Permit No. PA0038415, Amendment No. 1, Sewage, East Pennsboro Township, 98 South Enola Drive, Enola, PA 17025. This proposed facility is located in East Pennsboro Township, Cumberland County. Description of Proposed Action/Activity: Authorization to discharge to Conodguinet Creek in Watershed 7-B. NPDES Permit No. PA0024431, Amendment No. 1, Sewage, Dillsburg Area Authority, 98 West Church Street, Dillsburg, PA 17019. This proposed facility is located in Carroll Township, York County. Description of Proposed Action/Activity: Authorization to discharge to Dogwood Run in Watershed 7-E. NPDES Permit No. PA0247618, Amendment No. 2, Sewage, East Salem Municipal Authority, East Salem STP, R. R. 2, Box 1064, Mifflintown, PA 17059. This proposed facility is located in Delaware Township, Juniata County. Description of Proposed Action/Activity: Authorization for the transfer from Delaware Township Juniata County to the East Salem Municipal Authority to discharge to the Delaware Creek in Watershed 12-B. Northcentral Region: Water Management Program Manager, 208 West Third Street, Williamsport, PA 17701. PA0024406, Sewage, SIC 4952, Mount Carmel Municipal Authority, 137 West Fourth Street, Suite 4, P. O. Box 365, Mount Carmel, PA 17851-0365. This existing/proposed facility is/will be located in Mount Carmel Township, Northum- berland County. Description of Proposed Activity: Expanded NPDES permit issued for the proposed wastewater treatment plant. The receiving streams, Shamokin and Butternut Creeks, are in the State Water Plan Watershed SWP 6B and are classified for: WWF (Shamokin Creek) and CWF (Butternut Creek). The nearest downstream public water supply intake for United Water Company (Dauphin, PA) is located on Susquehanna River and is 62 river miles below the point of discharge. The following proposed effluent limits for Outfall 001 are based on a design flow of 2.25 mgd. Traditional Treatment Parameters—From Permit Effective Date through startup of new (Phase III) wastewater treatment plant: Concentration (mg/l) Monthly Weekly Daily Instantaneous Parameter Average Average Maximum Maximum pH Within the range of 6.0 to 9.0 Fecal Coliforms (5-1 to 9-30) 200 col/100 ml as a Geometric Mean (10-1 to 4-30) 2,000 col/100 ml as a Geometric Mean CBOD5 25 40 50 Total Suspended Solids 30 45 60 Total Chlorine Residual 0.8 2.7 UV % Transmissivity Report Minimum % Traditional Treatment Parameters—From startup of new (Phase III) wastewater treatment plant to Permit Expiration Date: Concentration (mg/l) Monthly Weekly Daily Instantaneous Parameter Average Average Maximum Maximum pH Within the range of 6.0 to 9.0 Fecal Coliforms (5-1 to 9-30) 200 col/100 ml as a Geometric Mean (10-1 to 4-30) 2,000 col/100 ml as a Geometric Mean CBOD5 25 40 50 Total Suspended Solids 30 45 60 UV % Transmissivity Report Minimum %

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Chesapeake Bay Tributary Strategy Nutrient Parameters/Requirements: Concentration (mg/l) Mass (lbs) Monthly Monthly Annual Parameter Average Load Load Ammonia-N Report Report Report** Kjeldahl-N Report Report Nitrate-Nitrate as N Report Report Total Nitrogen Report Report Report Total Phosphorus Report Report Report Net Total Nitrogen Report 41,095* Net Total Phosphorus Report 5,479* Combined Sewer Overflows Outfalls 014 and 015—regulated through Best Management Practices and CSO Nine Minimum Controls * This permit contains conditions which authorize the permittee to apply nutrient reduction credits to meet the Net Total Nitrogen and the Net Total Phosphorus effluent mass limits, under the Department of Environmental Protection’s (Department) Trading of Nutrients and Sediment Reduction Credits Policy and Guidelines (Document No. 392-0900-001, December 30, 2006). The condition includes the requirement to report the application of these credits in Supplemental Discharge Monitoring Reports (DMRs) submitted to the Department. * The compliance date for Net Total Nitrogen and Net Total Phosphorus will begin on October 1, 2010. Since these reporting requirements are annual loads, the reporting on compliance with the annual limitations will be required to be reported on the Supplemental DMR—Annual Nutrient Summary by November 28, 2011. This facility is required to monitor and report for Net Total Nitrogen and Net Total Phosphorus from the effective date of the permit until October 1, 2010. ** Total Annual Ammonia Load will be required to be reported on the Supplemental DMR—Annual Nutrient Summary by November 28, 2011. In addition to the effluent limits and best management practices, the permit contains the following major permit conditions: 1. Management and Control of Combined Sewer Overflows

III. WQM Industrial Waste and Sewerage Actions under The Clean Streams Law (35 P. S. §§ 691.1—691.1001)

Northeast Region: Water Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790. WQM Permit No. 4808402, Sewerage, Bethlehem Crossings IV, LLC, 2099 Gaither Road, Suite 100, Rockville, MD 20850. This proposed facility is located in Lower Nazareth Township, Northampton County. Description of Proposed Action/Activity: Issuance of Water Quality Management Permit for construction of a sewage treatment plant and elevated sand mounds. Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110, (717) 705-4707. WQM Permit No. 6708410, Sewage, Dover Township Sewer Authority, 851 Graffius Road, Dover, PA 17315. This proposed facility is located in Conewago Township, York County. Description of Proposed Action/Activity: Permit approval for the construction of sewage facilities consisting of: Upgrade for biological nutrient removal; demolishing the poorly performing rectangular secondary Clarifiers 1 and 2 and constructing a new circular Clarifier 7; replacing the existing RAS pumps to eliminate clogging problems; and replacing the existing UV system with a self-cleaning style UV in an enclosure. WQM Permit No. 2299404, Amendment 08-1, Sewage, Middletown Borough Authority, 60 West Emaus Street, Middletown, PA 17057-1407. This proposed facility is located in Middletown Borough, Dauphin County. Description of Proposed Action/Activity: Amendment approves the construction/modification/operation of sewerage facilities consisting of: The construction of a rotary screen and grit/grease removal headworks, dual parallel oxidation ditches and dual final clarifiers, rotary sludge thickener and centrifuge with ATAD process for solids handling. WQM Permit No. 3405401, Transfer 1, Sewage, East Salem Municipal Authority, R. R. 2, Box 1064, Mifflintown, PA 17059. This proposed facility is located in Delaware Township, Juniata County. Description of Proposed Action/Activity: Transfer approves the transfer of sewerage facilities consisting of a gravity sewer collection system, submersible pump station and a sewage treatment plant with an outfall to Delaware Creek. WQM Permit No. 0108404, Sewage, Reading Township Municipal Authority, 5500 Carlisle Pike, New Oxford, PA 17350. This proposed facility is located in Reading Township, Adams County. Description of Proposed Action/Activity: Permit approval for the construction of sewage facilities consisting of replacement of the Browns Dam Pump Station to increase its capacity to the design flow rates of 0.432 mgd average and 1,296 mgd peak instantaneous.

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Northcentral Region: Water Management Program Manager, 208 West Third Street, Williamsport, PA 17701. WQM Permit No. 4908401, Sewerage, SIC 4952, Mount Carmel Municipal Authority, 137 West 4th Street, Suite 4, Mount Carmel, PA 17851-0365. This proposed facility will be located in the Borough of Mount Carmel, Northumber- land County. Description of Proposed Action/Activity: The applicant proposed the construction of a 2.25 mgd Intermittent Cycle Extended Aeration System wastewater treatment plant. Southwest Region: Water Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745. WQM Permit No. 6507403, Sewerage, Mount Pleasant Township Municipal Authority, P. O. Box 158, Mammoth, PA 15664. This proposed facility is located in Mt. Pleasant Township, Westmoreland County. Description of Proposed Action/Activity: Permit issuance for the construction and operation of sanitary sewers, pump stations and sewage treatment plant. WQM Permit No. 467S053-A2, Sewerage, Clelian Heights School for Exceptional Children, 135 Clelian Heights Lane, Greensburg, PA 15601. This existing facility is located in Hempfield Township, Westmoreland County. Description of Proposed Action/Activity: Permit issuance for sewage treatment plant replacement. Northwest Region: Water Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481. WQM Permit No. WQG018673, Sewerage, Mary A. Reese, 28 Asbury Lane, Flagler Beach, FL 32136. This proposed facility is located in North East Township, Erie County. Description of Proposed Action/Activity: Issuance of a single-residence sewage treatment plant. WQM Permit No. WQG018670, Sewerage, Tony R. McIntyre, 3804 Blossom Terrace, Erie, PA 16506-4482. This proposed facility is located in Spring Creek Township, Warren County. Description of Proposed Action/Activity: Issuance of a single-residence sewage treatment plant. WQM Permit No. WQG018668, Sewerage, James Taylor, 633 SR 157, Oil City, PA 16301. This proposed facility is located in Cranberry Township, Venango County. Description of Proposed Action/Activity: Issuance of a single-residence sewage treatment plant.

IV. NPDES Stormwater Discharges from MS4 Permit Actions

V. NPDES Waiver Stormwater Discharges from MS4 Actions

VI. NPDES Discharges of Stormwater Associated with Construction Activities Individual Permit Actions

Northeast Region: Watershed Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790. NPDES Applicant Name & Receiving Permit No. Address County Municipality Water/Use PAI024008001 Aqua Pennsylvania, Inc. Luzerne Bear Creek Township Mud Run 4 South Fourth Street HQ-CWF P. O. Box 32 Reading, PA 19603 Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110, (717) 705-4707. NPDES Applicant Name & Receiving Permit No. Address County Municipality Water/Use PAI0307-07-003 Joseph Barry Blair Frankstown Township Canoe Creek—UNT to The applicant is 320 Obie Road Frankstown Branch implementing a Newmanstown, PA 17073 Juniata River plan to protect HQ-CWF-WWF the Indiana bats present at the site. ESCP-0707801 Joseph Barry Blair Frankstown Township Canoe Creek—UNT to The applicant is 320 Obie Road Frankstown Branch implementing a Newmanstown, PA 17073 Juniata River plan to protect HQ-CWF-WWF the Indiana bats present at the site.

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VII. Approvals to Use NPDES and/or Other General Permits

The EPA Region III Administrator has waived the right to review or object to this permit action under the waiver provision 40 CFR 123.23(d).

List of NPDES and/or Other General Permit Types PAG-1 General Permit for Discharges From Stripper Oil Well Facilities PAG-2 General Permit for Discharges of Stormwater Associated With Construction Activities (PAR) PAG-3 General Permit for Discharges of Stormwater From Industrial Activities PAG-4 General Permit for Discharges From Small Flow Treatment Facilities PAG-5 General Permit for Discharges From Gasoline Contaminated Groundwater Remediation Systems PAG-6 General Permit for Wet Weather Overflow Discharges From Combined Sewer Systems (CSO) PAG-7 General Permit for Beneficial Use of Exceptional Quality Sewage Sludge by Land Application PAG-8 General Permit for Beneficial Use of Nonexceptional Quality Sewage Sludge by Land Application to Agricultural Land, Forest, a Public Contact Site or a Land Reclamation Site PAG-8 (SSN) Site Suitability Notice for Land Application Under Approved PAG-8 General Permit Coverage PAG-9 General Permit for Beneficial Use of Residential Septage by Land Application to Agricultural Land, Forest, or a Land Reclamation Site PAG-9 (SSN) Site Suitability Notice for Land Application Under Approved PAG-9 General Permit Coverage PAG-10 General Permit for Discharge Resulting from Hydrostatic Testing of Tanks and Pipelines PAG-11 (To Be Announced) PAG-12 Concentrated Animal Feeding Operations (CAFOs) PAG-13 Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4)

General Permit Type—PAG-2 Facility Location: Municipality & Applicant Name & Receiving Contact Office & County Permit No. Address Water/Use Phone No. South Abington PAG2003508012 Michael Noto Summit Lake Creek Lackawanna County Township P. O. Box 761 TSF Conservation District Lackawanna County Waverly, PA 18471 (570) 281-9495 Nesquehoning PAG2001308006 Joseph Lawrence Nesquehoning Creek Carbon County Borough 4 Alpine Lane CWF Conservation District Carbon County Jim Thorpe, PA 18229 (610) 377-4894 and Michael Brida 128 East Phillips Street Coaldale, PA 18218 Hazle Township PAG2004008026 Dressel Welding Supply Black Creek Luzerne County Luzerne County Attn: Daniel Skehan CWF Conservation District 20 Prestige Lane (570) 674-7991 Lancaster, PA 17603 Jessup Borough PAG2003508013 Thomas Quinnen Sterry Creek Lackawanna County Lackawanna County Leeward Construction CWF Conservation District 9 Collen Park Grassey Island Creek (570) 281-9495 Honesdale, PA 18431 CWF East Cocalico PAG2003608077 Kasun Development Little Muddy Creek Lancaster County Township 2938 Columbia Avenue WWF Conservation District Lancaster County Lancaster, PA 17603 1383 Arcadia Road Room 200 Lancaster, PA 17601 (717) 299-5361 Paradise Township PAG2003608052 J. Myron Stoltzfus UNT to Pequea Creek Lancaster County Lancaster County P. O. Box 375 WWF Conservation District Intercourse, PA 17534 1383 Arcadia Road Room 200 Lancaster, PA 17601 (717) 299-5361

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Facility Location: Municipality & Applicant Name & Receiving Contact Office & County Permit No. Address Water/Use Phone No. Manheim Township PAG2003608087 Garber Scale & Landis Run Lancaster County Lancaster County Calibration WWF Conservation District P. O. Box 10665 1383 Arcadia Road Lancaster, PA 17605 Room 200 Lancaster, PA 17601 (717) 299-5361 Douglass Township PAG2000608019 Lawrance Martin Manatawny Creek Berks County Berks County Allegheny E. Conference CWF Conservation District Corporation 1238 County Welfare Seventh Day Adventist Road Church Suite 200 P. O. Box 266 Leesport, PA 19533-9710 Pine Forge, PA 19548 (610) 372-4657 Manchester PAG2006708007 Adam P. Meinstein UNT to Codorus Creek York County Conservation Township Heritage Business Park, WWF District York County LP 118 Pleasant Acres Road 1 West First Avenue York, PA 17402 Conshohocken, PA 17428 (717) 840-7430 West Manchester PAG2006708052 Matt Cochran UNT to West Branch York County Conservation Township One Mellon Bank Center Codorus Creek District York County 500 Grant Street WWF 118 Pleasant Acres Road Suite 2000 York, PA 17402 Pittsburgh, PA 15219 (717) 840-7430 Springettsbury PAG2006708082 John J. Holman Kreutz Creek York County Conservation Township Springettsbury Township WWF District York County 1501 Mt. Zion Road 118 Pleasant Acres Road York, PA 17402 York, PA 17402 (717) 840-7430 Springettsbury PAG2006708064 Michael A. LeCesa Kreutz Creek York County Conservation Township Sheetz WWF District York County 5700 Sixth Avenue 118 Pleasant Acres Road Altoona, PA 16602 York, PA 17402 (717) 840-7430 Fairview Township PAG2006703101-R John Kerschner Fishing Creek York County Conservation York County Eastern Development TSF District and Planning, Inc. 118 Pleasant Acres Road 7300 Derry Street York, PA 17402 Harrisburg, PA 17111 (717) 840-7430 Mount Union PAG2003108013 James Estep Juniata River Huntingdon County Borough Mount Union School WWF Conservation District Huntingdon County District 10605 Raystown Road 28 West Market Street Suite A Mount Union, PA 17066 Huntingdon, PA 16652-9603 (814) 627-1627 Todd Township PAG2003108012 Joseph Biddle Great Trough Creek Huntingdon County Huntingdon County 662 5th Street TSF Conservation District Huntingdon, PA 16652 10605 Raystown Road Suite A Huntingdon, PA 16652-9603 (814) 627-1627 West Hanover PAG2002203048-R James Halbert Beaver Creek Dauphin County Township Classic Communities WWF Conservation District Dauphin County Corp. 1451 Peters Mountain 2151 Linglestown Road Road Suite 300 Dauphin, PA 17018 Harrisburg, PA 17110 (717) 921-8100

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Facility Location: Municipality & Applicant Name & Receiving Contact Office & County Permit No. Address Water/Use Phone No. Susquehanna PAG2002203036-R Joseph Dorbian Susquehanna River Dauphin County Township 131 Stover Drive WWF Conservation District Dauphin County Carlisle, PA 17013 1451 Peters Mountain Road Dauphin, PA 17018 (717) 921-8100 Centre County PAG2001408013 Thomas Songer UNT to Spring Creek Centre County Ferguson Township Torron Centre CWF Conservation District 1951 Pine hall Road 414 Holmes Avenue Suite 150 Suite 4 State College, PA 16801 Bellefonte, PA 16823 (814) 355-6817 Lawrence County PAG2003708011 Ed Trainer UNT to Shenango River Lawrence County Union Township 10 South Scotland Lane WWF Conservation District New Castle, PA 16101 (724) 652-4512

General Permit Type—PAG-3 Facility Location: Municipality & Applicant Name & Receiving Contact Office & County Permit No. Address Water/Use Phone No. York County PAR203610 Worthington Steelpac Mill Creek DEP—SCRO Springettsbury Systems WWF 909 Elmerton Avenue Township 1201 Eden Road Harrisburg, PA 17110 York, PA 17402-1965 (717) 705-4707 Tioga County PAR604811 William G. Stager Tioga River Northcentral Regional Covington Township Covington Salvage Yard, CWF Office Inc. Water Management 2517 North Williamson Program Road 208 West Third Street Covington, PA 16917 Suite 101 Williamsport, PA 17701 (570) 327-3664 Orwell Township PAR604839 Jewett’s Auto Parts Wysox Creek Northcentral Regional Bradford County R. R. 3 CWF Office Box 3137 Water Management Rome, PA 18837 Program 208 West Third Street Suite 101 Williamsport, PA 17701 (570) 327-3664 Riverside Borough PAR234817 Cherokee Susquehanna River Northcentral Regional Northumberland Pharmaceuticals, LLC WWF Office County P. O. Box 367 Water Management Riverside, PA 17868 Program 208 West Third Street Suite 101 Williamsport, PA 17701 (570) 327-3664

General Permit Type—PAG-4 Facility Location: Municipality & Applicant Name & Receiving Contact Office & County Permit No. Address Water/Use Phone No. East Rockhill PAG040101 Gary W. Volovnik Three Mile Department of Township 1624 Three Mile Run Watershed Environmental Protection Bucks County Road 2D Southeast Regional Office Perkasie, PA 18944 2 East Main Street Norristown, PA 19401 (484) 250-5970

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Facility Location: Municipality & Applicant Name & Receiving Contact Office & County Permit No. Address Water/Use Phone No. North East PAG049493 Mary A. Reese UNT to Sixteen Mile DEP—NWRO Township 28 Asbury Lane Creek Water Management Erie County Flagler Beach, FL 32136 15 230 Chestnut Street Meadville, PA 16335-3481 (814) 332-6942 Spring Creek PAG049490 Tony R. McIntyre UNT to Brokenstraw DEP—NWRO Township 3804 Blossom Terrace Creek Water Management Warren County Erie, PA 16506-4482 16-B 230 Chestnut Street Meadville, PA 16335-3481 (814) 332-6942 Cranberry Township PAG049487 James Taylor UNT to Sage Run DEP—NWRO Venango County 633 SR 157 16-E Water Management Oil City, PA 16301 230 Chestnut Street Meadville, PA 16335-3481 (814) 332-6942 General Permit Type—PAG-8 (SSN) Facility Location: Municipality & Applicant Name & Site Name & Contact Office & County Permit No. Address Location Phone No. Brecknock Township PAG083521 Adamstown Borough William Brossman Farm DEP—SCRO Lancaster County Authority of Berks and 909 Elmerton Avenue Lancaster Counties Harrisburg, PA 17110-8200 (717) 705-4707 General Permit Type—PAG-10 Facility Location: Municipality & Applicant Name & Receiving Contact Office & County Permit No. Address Water/Use Phone No. Cumberland County PAG103509 Gulf Oil Limited Cedar Run DEP—SCRO Hampden Township Partnership CWF 909 Elmerton Avenue 275 Washington Street Harrisburg, PA 17110 Suite 300 (717) 705-4707 Newton, MA 02458-1646 STATE CONSERVATION COMMISSION NUTRIENT MANAGEMENT PLANS RELATED TO APPLICATIONS FOR NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMITS FOR CONCENTRATED ANIMAL FEEDING OPERATIONS (CAFO) The State Conservation Commission has taken the following actions on previously received applications for nutrient management plans under the act of July 6, 2005 (Act 38 of 2005, 3 Pa.C.S. §§ 501—522) (hereinafter referred to as Act 38), for agricultural operations that have or anticipate submitting applications for new, amended or renewed NPDES permits, or Notices of Intent for coverage under a general permit, for CAFOs, under 25 Pa. Code Chapter 92. This notice is provided in accordance with 25 Pa. Code Chapter 92 and 40 CFR Part 122, implementing The Clean Streams Law (35 P. S. §§ 691.1—691.1001) and the Federal Clean Water Act. Persons aggrieved by any action may appeal under section 517 of Act 38, section 4 of the Environmental Hearing Board Act (35 P. S. § 7514) and 2 Pa.C.S. §§ 501—508 and 701—704 (relating to Administrative Agency Law) to the Environmental Hearing Board, Second Floor, Rachael Carson State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users should contact the Environmental Hearing Board (Board) through the Pennsylvania AT&T Relay Service at (800) 654-5984. Appeals must be filed with the Board within 30 days of publication of this notice in the Pennsylvania Bulletin. Copies of the appeal form and the Board’s rules of practice and procedure may be obtained from the Board. The appeal form and the Board’s rules of practice and procedure are also available in Braille or on audiotape from the Secretary of the Board at (717) 787-3483. This paragraph does not, in and of itself, create any right of appeal beyond that permitted by applicable statutes and decision law. For individuals who wish to challenge an action, appeals must reach the Board within 30 days. A lawyer is not needed to file an appeal with the Board. Important legal rights are at stake, however, so individuals should show this notice to a lawyer at once. Persons who cannot afford a lawyer may qualify for pro bono representation. Call the Secretary of the Board at (717) 787-3483 for more information.

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ACTIONS—NUTRIENT MANAGEMENT PLAN—PUBLIC NOTICE SPREADSHEET Special Animal Protection Agricultural Operation Total Equivalent Animal Waters (HQ Approved or Name and Address County Acres Units Type or EV or NA) Disapproved Evergreen Farms, Inc. Huntingdon 3,827 4,620.12 Dairy HQ Approved 3102 Evergreen Lane Spruce Creek, PA 16683 Mike Rohrer Lancaster 684 1,963 Dairy NA Approved Rohrer Dairy Farm 124 Charlestown Road Washington Borough, PA 17582

PUBLIC WATER SUPPLY (PWS) County Northmapton PERMITS Type of Facility PWS The Department of Environmental Protection has taken Consulting Engineer Daniel Rickard, P. E. the following actions on applications received under the Pennsylvania American Water Pennsylvania Safe Drinking Water Act (35 P. S. 100 North Pennsylvania Avenue §§ 721.1—721.17) for the construction, substantial modi- Wilkes-Barre, PA 18701 fication or operation of a public water system. Permit to Operate January 12, 2009 Persons aggrieved by an action may appeal, under Issued section 4 of the Environmental Hearing Board Act (35 P. S. § 7514) and 2 Pa.C.S. §§ 501—508 and 701—704 Southcentral Region: Water Supply Management Pro- (relating to the Administrative Agency Law), to the gram Manager, 909 Elmerton Avenue, Harrisburg, PA Environmental Hearing Board, Second Floor, Rachel 17110. Carson State Office Building, 400 Market Street, P. O. Permit No. 2808507, Public Water Supply. Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users should contact the Environmental Hearing Applicant Shippensburg Borough Board (Board) through the Pennsylvania AT&T Relay Authority Service, (800) 654-5984. Appeals must be filed with the Municipality Southampton Township Board within 30 days of publication of this notice in the Pennsylvania Bulletin, unless the appropriate statute County Franklin provides a different time period. Copies of the appeal Type of Facility New booster pump and chlorine form and the Board’s rules of practice and procedure may injection system for the be obtained from the Board. The appeal form and the Orrstown Storage Tank. Board’s rules of practice and procedure are also available Consulting Engineer Peter Lusardi, P. E. in Braille or on audiotape from the Secretary of the Board CET Engineering Services at (717) 787-3483. This paragraph does not, in and of 1240 North Mountain Road itself, create any right of appeal beyond that permitted by Harrisburg, PA 17112 applicable statutes and decision law. Permit to Construct January 16, 2009 For individuals who wish to challenge an action, ap- Issued peals must reach the Board within 30 days. A lawyer is not needed to file an appeal with the Board. Permit No. 6708507 MA, Minor Amendment, Public Water Supply. Important legal rights are at stake, however, so individuals should show this notice to a lawyer at once. Applicant The York Water Company Persons who cannot afford a lawyer may qualify for free Municipality Jackson Township pro bono representation. Call the Secretary to the Board at (717) 787-3483 for more information. County York SAFE DRINKING WATER Type of Facility New Thomasville Standpipe Consulting Engineer Mark S. Snyder, P. E. Actions taken under the Pennsylvania Safe Drink- The York Water Company ing Water Act 130 East Market Street P. O. Box 15089 Northeast Region: Water Supply Management Program York, PA 17405-7089 Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790. Permit to Construct January 10, 2009 Permit No. 3480055, Operations Permit, Public Issued Water Supply. Operations Permit issued to Petersburg Borough Applicant Pennsylvania American Water Authority, 4310019, Logan Township, Water Huntingdon County on January 8, 2009, for the opera- 800 West Hersheypark Drive tion of facilities approved under Construction Permit No. Hershey, PA 17033 3103501. Pen Argyl and Wind Gap Operations Permit issued to Borough of Carlisle, Boroughs 7210002, Carlisle Borough, Cumberland County on

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January 16, 2009, for the operation of facilities approved and Copper Rule, per specifications approved by construc- under Construction Permit No. 2107506 MA. tion permit 4388511-MA2C, issued October 1, 2008. Operations Permit issued to Acorn Water Com- Transfer and Consolidation of Operations Permits pany, 7360020, Earl Township, Lancaster County on issued to Great Living, LLC, North Star Village January 12, 2009, for the operation of facilities approved Mobile Home Park, PWSID No. 6370017, Wayne Town- under Construction Permit No. 3608503. ship, Lawrence County, January 20, 2009, under Per- mit No. 3788513-T1, for the operation of North Star Operations Permit issued to Mountain Top Mobile Village Mobile Home Park, per specifications approved by Home Park, 7360156, Caernorvon Township, Lancaster construction permit 3788513, issued June 1, 1990; and County on January 7, 2009, for the operation of facilities 3791501, issued October 2, 1991. All historic information, approved under Construction Permit No. 3608505. including applications and reviews are now incorporated Northcentral Region: Water Supply Management Pro- into Permit No. 3788513-T1. gram Manager, 208 West Third Street, Williamsport, PA 17701. HAZARDOUS SITES CLEANUP UNDER THE ACT OF Permit No. M.A.—1888501—Construction, Public OCTOBER 18, 1988 Water Supply. Public Notice of Proposed Consent Order and Applicant Whiskey Run Water Agreement Association Beazer East, Inc., Boldan Landfill Site Penn Township or Borough Colebrook Township Township, Westmoreland County County Clinton Under section 1113 of the Hazardous Sites Cleanup Act Responsible Official Betty Barton, Secretary (HSCA) (35 P. S. § 6020.101—6020.1305), notice is pro- Whiskey Run Water Association vided that the Department of Environmental Protection 2924 Farrandsville Road (Department) has entered into a proposed Consent Order Farrandsville, PA 17745 and Agreement (CO&A) with Beazer East, Inc. (Beazer). Type of Facility Public Water The CO&A memorializes the two parties’ resolution of Supply—Construction claims made by the Department for recovery of costs and applicable interest incurred in the Department investiga- Consulting Engineer K. Alan Uhler, Jr., P. E. tion and cleanup of the Boldan Landfill Site located in Kerry A. Uhler & Assoc., Inc. Penn Township, Westmoreland County. 140 West High Street Bellefonte, PA 16823 The terms of the settlement are set forth in the CO&A. The Department will receive and consider comments Permit Issued Date January 16, 2009 relating to the CO&A for 60 days from the date of this Description of Action Construction of a new cover over Public Notice. The Department has reserved the right to the Spring No. 1 collection withdraw its consent to the CO&A if comments concern- reservoir. ing the CO&A disclose facts or considerations which indicate that the CO&A is inappropriate, improper, or not Northwest Region: Water Supply Management Program in the public interest. Manager, 230 Chestnut Street, Meadville, PA 16335-3481. Copies of the CO&A are available for inspection at the Permit No. 4307503, Public Water Supply. Department’s Southwest Regional Office. Comments may Applicant Greenville Borough be submitted, in writing, to: Barbara Gunter, Department Municipal Water Authority of Environmental Protection, Hazardous Sites Cleanup, 400 Waterfront Drive, Pittsburgh, PA 15222. Further Township or Borough Hempfield Township information may be obtained by contacting Barbara County Mercer Gunter at (412) 442-4000. TDD users should contact the Department through the Pennsylvania AT&T Relay Ser- Type of Facility Public Water Supply vices at (800) 645-5984. Consulting Engineer Thomas L. Thompson, P. E. Senior Project Manager LAND RECYCLING AND Gannett Fleming, Inc. ENVIRONMENTAL REMEDIATION 554 South Erie Street UNDER ACT 2, 1995 Mercer, PA 16137 PREAMBLE 2 Permit to Construct January 13, 2009 Issued The following plans and reports were submitted Operations Permit issued to Linesville Borough under the Land Recycling and Environmental Municipal Authority, PWSID No. 6200027, Linesville Remediation Standards Act (35 P. S. §§ 6026.101— Borough, Crawford County, January 12, 2009. Opera- 6026.908). tions permit issued for the interior and exterior renova- tion of the existing permitted 5,700,000 gallon Provisions of Chapter 3 of the Land Recycling and aboveground steel water storage tank, per specifications Environmental Remediation Standards Act (act) require approved by construction permit 5590-T1-MA2, issued the Department of Environmental Protection (Depart- September 30, 2008. ment) to publish in the Pennsylvania Bulletin a notice of submission of plans and reports. A final report is submit- Operations Permit issued to Lakeview Estates Mo- ted to document cleanup of a release of a regulated bile Home Park, PWSID No. 6430063, New Lebanon substance at a site to one of the act’s remediation Borough, Mercer County, January 14, 2009. Operations standards. A final report provides a description of the site permit issued for treatment modification under the Lead investigation to characterize the nature and extent of

PENNSYLVANIA BULLETIN, VOL. 39, NO. 5, JANUARY 31, 2009 NOTICES 631 contaminants in environmental media, the basis for se- The report is intended to document remediation of the lecting the environmental media of concern, documenta- site to meet the Site-Specific Standard. tion supporting the selection of residential or nonresiden- FCI USA, Inc.—Emigsville, Manchester Township, tial exposure factors, a description of the remediation York County. HRP Associates, Inc., 197 Scott Swamp performed and summaries of sampling analytical results Road, Farmington, CT 06032 on behalf of FCI USA, Inc., which demonstrate that remediation has attained the 825 Old Trail Road, Etters, PA 17319-9392, submitted a cleanup standard selected. Submission of plans and re- Final Report concerning remediation of site soils and ports, other than the final report, shall also be published groundwater contaminated with VOCs and nickel. The in the Pennsylvania Bulletin. These include the remedial report is intended to document remediation of the site to investigation report, risk assessment report and cleanup meet a combination of the Statewide Health, background plan for a Site-Specific Standard remediation. A remedial and Site-Specific Standards. investigation report includes conclusions from the site investigation, concentration of regulated substances in Columbia Reduction Company/Colonial Metals, environmental media; benefits of refuse of the property Borough of Columbia, Lancaster County. Herbert, and, in some circumstances, a fate and transport analy- Rowland, & Grubic, Inc., 1820 Linglestown Road, Harris- sis. If required, a risk assessment report describes poten- burg, PA 17110, on behalf of Colonial Metals Company, tial adverse effects caused by the presence of regulated 217 Linden Street, P. O. Box 311, Columbia, PA 17512, substances. If required, a cleanup plan evaluates the submitted a Remedial Investigation, Risk Assessment and abilities of potential remedies to achieve remedy require- Cleanup Plan concerning remediation of site soils and ments. groundwater contaminated with inorganics and lead. The site is being remediated to a combination of Statewide For further information concerning plans or reports, Health and Site-Specific Standards. contact the Environmental Cleanup Program manager in the Department regional office after which the notice of LAND RECYCLING AND receipt of plans or reports appears. If information con- ENVIRONMENTAL REMEDIATION cerning plans or reports is required in an alternative form, contact the Community Relations Coordinator at UNDER ACT 2, 1995 the appropriate regional office. TDD users may telephone PREAMBLE 3 the Department through the Pennsylvania AT&T Relay Service at (800) 654-5984. The Department has taken action on the following The Department has received the following plans and plans and reports under the Land Recycling and reports: Environmental Remediation Standards Act (35 P. S. §§ 6026.101—6026.908). Northeast Region: Ronald S. Brezinski, Environmental Cleanup Program Manager, 2 Public Square, Wilkes- Provisions of 25 Pa. Code § 250.8, administration of the Barre, PA 18711-0790. Land Recycling and Environmental Remediation Stan- Former Sherwood Herring Signs, Inc., 423—429 dards Act (act), require the Department of Environmental Green Street, Emmaus Borough, Lehigh County. Protection (Department) to publish in the Pennsylvania Donald G. Rood and Christopher A. Jacangelo, J. Bulletin a notice of final actions on plans and reports. A Rockwood & Associates, Inc., P. O. Box 1006, Easton, PA final report is submitted to document cleanup of a release 18044-1006 have submitted a Final Report (on behalf of of a regulated substance at a site to one of the remedia- their client, Stellar Construction Company, P. O. Box 52, tion standards of the act. A final report provides a Route 309 and Lowhill Road, Schnecksville, PA 18078), description of the site investigation to characterize the concerning the remediation of soils found to have been nature and extent of contaminants in environmental impacted by gasoline from an old storage tank. The report media, the basis of selecting the environmental media of was submitted in order document attainment of the concern, documentation supporting the selection of resi- Statewide Health Standard. A public notice regarding the dential or nonresidential exposure factors, a description of submittal of the Final Report was published in The the remediation performed and summaries of sampling Morning Call on December 18, 2008. methodology and analytical results which demonstrate that the remediation has attained the cleanup standard Southcentral Region: Environmental Cleanup Program selected. Plans and reports required by provisions of the Manager, 909 Elmerton Avenue, Harrisburg, PA 17110. act for compliance with selection of remediation to a Site-Specific Standard, in addition to a final report, Woodland Retirement Center, Cromwell Township, include a remedial investigation report, risk assessment Huntingdon County. Herbert, Rowland, & Gubic, Inc., report and cleanup plan. A remedial investigation report 1820 Linglestown Road, Harrisburg, PA 17110, on behalf includes conclusions from the site investigation, concen- of Presbyterian Homes, Inc., One Trinity Drive East, tration of regulated substances in environmental media, Suite 201, Dillsburg, PA 17019 submitted a Final Report benefits of refuse of the property and, in some circum- concerning remediation of site soils, groundwater and stances, a fate and transport analysis. If required, a risk surface water contaminated with No. 2 fuel oil. The assessment report describes potential adverse effects report is intended to document remediation of the site to caused by the presence of regulated substances. If re- a combination of Residential Statewide Health and Site- quired, a cleanup plan evaluates the abilities of potential Specific Standards. remedies to achieve remedy requirements. A work plan Walgreen’s Drug Store Development, Altoona City, for conducting a baseline remedial investigation is re- Blair County. Mountain Research, LLC, 825 25th Street, quired by provisions of the act for compliance with Altoona, PA 16601 on behalf of Lawruk Builders, 210 selection of a special industrial area remediation. The West Plank Road, Altoona, PA 16602 and Joseph Grap- baseline remedial investigation, based on the work plan, pone, Grappone Law Offices, 411-A Logan Boulevard, is compiled into the baseline environmental report to Altoona, PA 16602, submitted a combined Remedial In- establish a reference point to show existing contamina- vestigation and Final Report concerning site soils and tion, describe proposed remediation to be done and in- groundwater contaminated with lead, VOCs and SVOCs. clude a description of existing or potential public benefits

PENNSYLVANIA BULLETIN, VOL. 39, NO. 5, JANUARY 31, 2009 632 NOTICES of the use or reuse of the property. The Department may Group, Inc., 1172 Ridge Road, Northumberland, PA 17857 approve or disapprove plans and reports submitted. This on behalf of Arnold Transportation Services, 451 Freight notice provides the Department’s decision and, if relevant, Street, Camp Hill, PA 177011 has submitted a Final the basis for disapproval. Report concerning the remediation of soil contaminated For further information concerning the plans and re- with motor oil. The Final Report demonstrated attain- ports, contact the Environmental Cleanup Program man- ment of the Statewide Health Standard and was ap- ager in the Department regional office before which the proved by the Department of Environmental Protection notice of the plan or report appears. If information on January 5, 2009. concerning a final report is required in an alternative Northwest Region: Environmental Cleanup Program form, contact the Community Relations Coordinator at Manager, 230 Chestnut Street, Meadville, PA 16335-3481. the appropriate regional office. TDD users may telephone the Department through the Pennsylvania AT&T Relay Markovitz Enterprises Flowline Division Service at (800) 654-5984. (Markovitz—Flowline Division), Shenango Township, Lawrence County. American Geosciences, Inc., 3925 The Department has received the following plans and Reed Boulevard, Suite 400, Murrysville, PA 15668 on reports: behalf of Markovitz Enterprises, Inc.—Flowline Division, Northeast Region: Ronald S. Brezinski, Environmental 1400 New Butler Road, New Castle, PA 16107 has Cleanup Program Manager, 2 Public Square, Wilkes- submitted a Risk Assessment Report concerning remedia- Barre, PA 18711-0790. tion of site soil contaminated with cis-1,2-dichloroethene, trichloroethene, nickel, vinyl chloride and site groundwa- Pocono Manor Inn and Resort, Route 314, Pocono ter contaminated with 1,1,2-trichloroethane, 1,1- Township, Monroe County. Jeffrey E. Mulligan, dichloroethene, cis-1,2-dichloroethene, tetrachloroethene, EcolSciences, Inc., 75 Fleetwood Drive, Suite 250, trans-1,2-dichloroethene, trichloroethene, vinyl chloride Rockaway, NJ 07866 submitted a Final Report (on behalf and dissolved nickel. The Report was approved by the of his client, Matzel Development at Pocono Manor, LLC, Department of Environmental Protection on January 12, c/o Pocono Manor Investors, P. O. Box 38, Pocono Manor, 2009. PA 18349), concerning the remediation of soil found to have been impacted by No. 2 fuel oil and leaded gasoline Powdered Metal Products, St. Marys Borough, Elk as a result of a release from underground storage tanks. County. GeoServices, Ltd., Environmental & Hydro- The report documented attainment of the Statewide geologic Services, 1525 Cedar Cliff Drive, Camp Hill, PA Health Standard for soils and was approved on January 17011 on behalf of Metal Power Product Company, 879 13, 2009. Washington Street, St. Marys, PA 15857 has submitted a Risk Assessment Report concerning remediation of site Southcentral Region: Environmental Cleanup Program soil and site groundwater contaminated with chlorinated Manager, 909 Elmerton Avenue, Harrisburg, PA 17110. solvents. The Risk Assessment Report was approved by Former Valley Hand Screen Printing Property, the Department of Environmental Protection on January City of Lebanon, Lebanon County. Earth Resource 16, 2009. Associates, Inc., 544 Hemlock Lane, Lebanon, PA 17042, on behalf of The Housing Authority of Lebanon County, OPERATE WASTE PROCESSING OR DISPOSAL P. O. Box 420, Lebanon, PA 17402-0420, submitted a AREA OR SITE Work Plan concerning remediation of groundwater con- Permit Issued under the Solid Waste Management taminated with VOCs from historical industrial activities. Act (35 P. S. §§ 6018.101—6018.1003), the Munici- The site will be remediated as a Special Industrial Area pal Waste Planning, Recycling and Waste Reduc- and will be developed for residential townhouses. The tion Act (53 P. S. §§ 4000.101—4000.1904) and plan was approved by the Department of Environmental Regulations to Operate Solid Waste Processing or Protection on January 13, 2009. Disposal Area or Site. Corning Frequency Control Plant 1, Mount Holly Springs Borough, Cumberland County. Weston Solu- Southeast Region: Regional Solid Waste Manager, 2 tions, Inc., 1400 Weston Way, West Chester, PA 19380, on East Main Street, Norristown, PA 19401. behalf of Corning Incorporated, HP-ME-03-079, Corning, NY 14831, submitted a Final Report concerning remedia- Permit No. 300176, ArcelorMittal Plate, LLC, 139 tion of site soils contaminated with solvents and cobalt. Modena Road, Coatesville, PA 19320. This permit modifi- The Final Report demonstrated attainment of the Non- cation is for approving the legal entity’s name change residential Statewide Health Standard and was approved from ISG Plate, LLC to ArcelorMittal Plate, LLC. The by the Department of Environmental Protection on Janu- facility is a captive residual waste landfill located in East ary 16, 2009. Groundwater will be addressed separately. Fallowfield and Valley Townships, Chester County. The permit was issued by the Southeast Regional Office on Meska Lewis Residence, Swatara Township, Dau- January 12, 2009. phin County. Trimpi Associates, Inc., 1635 Old Plains Road, Pennsburg, PA 18073, on behalf of Meska Lewis, AIR QUALITY 6746 Huntingdon Street, Harrisburg, PA 17111, submitted a Final Report concerning remediation of site soils con- General Plan Approval and Operating Permit Usage taminated with No. 2 fuel oil. The report demonstrated Authorized under the Air Pollution Control Act attainment of the Residential Statewide Health Standard (35 P. S. §§ 4001—4015) and 25 Pa. Code Chapter and was approved by the Department of Environmental 127 to construct, modify, reactivate or operate air Protection on January 16, 2009. contamination sources and associated air cleaning devices. Northcentral Region: Environmental Cleanup Program Manager, 208 West Third Street, Williamsport, PA 17701. Southcentral Region: Air Quality Program, 909 Arnold Transportation Services I-80 mm 190EB Elmerton Avenue, Harrisburg, PA 17110, William R. Accident, Green Township, Clinton County. Northridge Weaver, New Source Review Chief, (717) 705-4702.

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GP4-36-03091: Ecore International, Inc. (715 Foun- 61-185F: Heath Oil Co. (SR 8, Barkeyville, PA 16038) tain Avenue, P. O. Box 989, Lancaster, PA 17601-0989) on on January 7, 2009, to modify the fuel usage condition for January 12, 2009, for a Burn Off Oven in the City of the heaters to include the use of reprocessed/recycled No. Lancaster, Lancaster County. This is a renewal of the 5 fuel oil at the facility in Barkeyville Borough, Venango GP4 permit. County. This is a State-only facility.

Southwest Region: Air Quality Program, 400 Waterfront 62-032D: Ellwood National Steel (3 Front Street, Drive, Pittsburgh, PA 15222-4745, Mark Gorog and Barb Irvine, PA 16329) on January 13, 2009, to install two Hatch, Environmental Engineer Managers, (412) 442- natural gas fired annealing furnaces at their facility in 4163/5226. Brokenstraw Township, Warren County. This is a Title V facility. GP14-04-00727: Five Points Veterinary Clinic (2057 Brodhead Road, Aliquippa, PA 15001-4962) on January Plan Approval Revisions Issued including Exten- 16, 2009, to construct and operate an animal crematory sions, Minor Modifications and Transfers of Own- under GP-14 (Human or Animal Crematories) at their ership under the Air Pollution Control Act (35 facility in Hopewell Township, Beaver County. P. S. §§ 4001—4015) and 25 Pa. Code §§ 127.13, GP5-65-00979B: Atlas Pipeline Pennsylvania, LLC, 127.13a and 127.32. (P. O. Box 611, Moon Township, PA 15108) on January 16, 2009, to construct and operate three natural gas compres- Southeast Region: Air Quality Program, 2 East Main sor engines and a dehydrator at their Hermine Station in Street, Norristown, PA 19401, Sachin Shankar, New West Newton Borough, Westmoreland County. Source Review Chief, (484) 250-5920. Northwest Region: Air Quality Program, 230 Chestnut 15-0037C: Oberthur Card Systems, Inc. (523 James Street, Meadville, PA 16335-3481, George Monasky, New Hance Court, Exton, PA 19341) on January 12, 2009, to Source Review Chief, (814) 332-6940. operate an eight color nonheatset in West Whiteland Township, Chester County. GP-43-037A: Development of Sharpsville Furnace, LTD (2 North Sixth Street, Sharpsville, PA 16150) on 15-0037B: Oberthur Card Systems, Inc. (523 James January 8, 2009, for operation of a portable nonmetallic Hance Court, Exton, PA 19341) on January 12, 2009, to mineral processing plant (BAQ-GPA/GP-3) in Sharpsville operate two screen presses in West Whiteland Township, Borough, Mercer County. Chester County.

Plan Approvals Issued under the Air Pollution Con- Operating Permits for Non-Title V Facilities Issued trol Act (35 P. S. §§ 4001—4015) and regulations in under the Air Pollution Control Act (35 P. S. 25 Pa. Code Chapter 127, Subchapter B relating to §§ 4001—4015) and 25 Pa. Code Chapter 127, construction, modification and reactivation of air Subchapter F. contamination sources and associated air cleaning devices. Southeast Region: Air Quality Program, 2 East Main Street, Norristown, PA 19401, Janine Tulloch-Reid, Facil- Southcentral Region: Air Quality Program, 909 ities Permitting Chief, (484) 250-5920. Elmerton Avenue, Harrisburg, PA 17110, William R. Weaver, New Source Review Chief, (717) 705-4702. 09-00180: White Engineering Surfaces Corp. (One Pheasant Run, Newtown, PA 18940) on January 16, 2009, 67-05041A: Defense Logistics Agency (DESSP-PG to issue a State-only Operating Permit to operate eight ‘‘S’’ Avenue, Building 1-3, Environmental Office, New Metal and Ceramics Surface Coating Spray Booths with Cumberland, PA 17070) on January 12, 2009, for con- Dust Collectors and one Vapor Degreaser in Newtown struction of three No. 2 oil fired boilers and an engine Township, Bucks County. The facility is synthetic minor generator in Fairview Township, York County. for HAP, VOC and PM. Plan Approvals, 09-0180 and Southwest Region: Air Quality Program, 400 Waterfront 09-0180A, are being incorporated into the facility permit, Drive, Pittsburgh, PA 15222-4745, Mark Gorog and Barb SMOP-09-00180. This Operating Permit shall include Hatch, Environmental Engineer Managers, (412) 442- monitoring and recordkeeping designed to ensure this 4163/5226. facility complies with all applicable air quality regulations. 65-00982B: T. W. Phillips Gas and Oil Co. (205 North Main Street, Butler, PA 16001) on January 16, Southcentral Region: Air Quality Program, 909 2009, to install a natural gas compressor engine and Elmerton Avenue, Harrisburg, PA 17110, William R. glycol dehydration unit at the Rubright Compressor Sta- Weaver, New Source Review Chief, (717) 705-4702. tion in Bell Township, Westmoreland County. 28-03025: Wenger’s Feed Mill, Inc. (101 West Harris- Northwest Region: Air Quality Program, 230 Chestnut burg Avenue, Rheems, PA 17570-0026) on January 12, Street, Meadville, PA 16335-3481, George Monasky, New 2009, for operation of the Wenger’s Feed Mill in Source Review Chief, (814) 332-6940. Southampton Township, Franklin County. This is a renewal of the State-only operating permit. 25-996B: Advanced Finishing, USA (7401 Klier Drive East, Fairview Business Park, Fairview, PA 16506) on Northwest Region: Air Quality Program, 230 Chestnut January 14, 2009, to construct an additional coating Street, Meadville, PA 16335-3481, Matthew Williams, booth in Fairview Township, Erie County. This is a Facilities Permitting Chief, (814) 332-6940. State-only facility.

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27-00008: Industrial Timber and Lumber Co. remove the monitoring and recordkeeping requirements (ITL)—Endeavor Lumber Plant (Route 666, Endeavor, for the recycle flow rate of the scrubber. PA 16322) on January 14, 2009, to re-issue the Natural Minor Operating Permit for operation of the facility’s air 15-00068: Spring City Electrical Manufacturing contamination sources consisting of: 23.4 mmBtu/hr wood- Co. (P. O. Box 19, Spring City, PA 19475) on January 13, fired boiler, two 750 mmBtu/hr wood boilers, two trim 2009, the operating permit was amended to incorporate saws, 15 wood drying kilns and a sawdust collection Plan Approval 15-0068A for Sandblasting Shed with a system located in Hickory Township, Forest County. Baghouse at 1 South Main Street, Spring City, PA 19475, Spring City Borough, Chester County. Other revisions Operating Permit Revisions Issued including Ad- include the removal of sources no longer operated at the ministrative Amendments, Minor Modifications or facility and general restructuring and reorganization of Transfers of Ownership under the Air Pollution sources and permit conditions. Administrative Amend- Control Act (35 P. S. §§ 4001—4015) and 25 ment of Synthetic Minor Operating Permits is issued Pa. Code §§ 127.412, 127.450, 127.462 and 127.464. under the Air Pollution Control Act (35 P. S. §§ 4001— 4015) and 25 Pa. Code § 127.450.

Southeast Region: Air Quality Program, 2 East Main 09-00142: ML 35, LLC (35 Runway Road, Levittown, Street, Norristown, PA 19401, Janine Tulloch-Reid, Facil- PA 19057) on January 13, 2009, the operating permit was ities Permitting Chief, (484) 250-5920. amended to incorporate Plan Approval 09-00142A for 2 Mw electric generator and a Federally Enforceable Emis- 09-00122: Arkema, Inc. (100 PA, Route 413) on Janu- sion Cap, a limit for the facility NOx emissions at the ML ary 15, 2009, for a minor modification of TVOP No. 35, LLC data center facility located at 35 Runway Road, 09-00122 for their facility in Bristol Township, Bucks Levittown, Bristol Township, Bucks County. Other revi- County. The minor modification will allow the Building sions include the removal of sources no longer operated at 66 and PM-1/PM-2 scrubber systems to be reconfigured to the facility and general restructuring and reorganization operate in water conservation modes. The modified TVOP of sources and permit conditions. Administrative Amend- includes monitoring, recordkeeping, reporting and work ment of Synthetic Minor Operating Permits is issued practice requirements designed to keep the facility oper- under the Air Pollution Control Act (35 P. S. §§ 4001— ating within all applicable air quality requirements. 4015) and 25 Pa. Code § 127.450. Minor modification of TVOP No. 09-00122. is issued Southcentral Region: Air Quality Program, 909 under the Air Pollution Control Act (35 P. S. §§ 4001— Elmerton Avenue, Harrisburg, PA 17110, William R. 4015) and 25 Pa. Code § 127.462. Weaver, New Source Review Chief, (717) 705-4702. 46-00014: Knoll, Inc. (1235 Water Street, East 01-05017: Quebecor World Fairfield, Inc. (100 North Greenville, PA 18041) on January 13, 2009, to incorporate Miller Street, Fairfield, PA 17320-9707) on January 15, Plan Approval PA-46-0014F for a Metal and Plastic Saw 2009, for operation of their trade book publishing facility with Cyclone in Upper Hanover Township, Montgomery in Fairfield Borough, Adams County. The State-only County. Other revisions include the removal of sources operating permit was administratively amended to incor- no longer operated at the facility, the addition of an porate plan approval 01-05017D. This is Revision No. 1. exempt emergency generators source and solvent degreasers source and general restructuring and reorganization 28-03022: Valley Quarries, Inc. (169 Quarry Road, of sources and permit conditions. Administrative Amend- Chambersburg, PA 17201-9099) on January 14, 2009, for ment of Title V Operating Permits is issued under the Air rock crushing operations in Guilford Township, Franklin Pollution Control Act (35 P. S. §§ 4001—4015) and 25 County. The State-only operating permit was adminis- Pa. Code § 127.450. tratively amended to incorporate plan approval 28- 03022A. This is Revision No. 1. 46-00061: Department of Corrections—SCI Graterford (1 Prison Road, Graterford, PA 19426) on Northwest Region: Air Quality Program, 230 Chestnut January 15, 2009, to amend a Title V facility to incorpo- Street, Meadville, PA 16335-3481, Matthew Williams, rate conditions from Plan Approval No. 46-0061A, for Facilities Permitting Chief, (814) 332-6940. installation of a replacement multicyclone on their facili- 20-00256: Weyerhaeuser NR Company (11117 Sky- ty’s No. 3 boiler in Skippack Township, Montgomery line Drive, Titusville, PA 16354) on January 12, 2009, for County. Under Plan Approval No. 46-0061A, controlled an administrative amendment of the natural minor per- emissions of PM from the No. 3 boiler shall be limited to mit to operate a hardwood dimension and flooring mills in 0.3 pound per million Btu of heat input. The Title V Oil Creek Township, Crawford County. The amendment Operating Permit contains monitoring and recordkeeping incorporates the change of company’s name and the name requirements designed to keep the No. 3 boilers and of responsible official and permit contact. multicyclone operating within the allowable emission rate and all applicable air quality requirements. Department of Public Health, Air Management Services: 321 University Avenue, Philadelphia, PA 19104, Edward 09-00141: Lower Bucks County Joint Municipal Braun, Chief, (215) 685-9476. Authority (7811 New Falls Road, Levittown, PA 19058) on January 16, 2009, for a Non-Title V Facility, State- V07-002: Naval Surface Warfare Center— only, Synthetic Minor Permit in Bristol Township, Bucks Carderock Division (5001 South Broad Street, Code 02, County. The Operating permit was amended: (1) to Philadelphia, PA 19112) on January 16, 2009, administra- correct the pressure range across the scrubber; (2) to tively amended to change responsible official and correct revise the conditions pertaining to monitoring and typographical errors and omissions. The Title V Operat- recordkeeping for pH and oxidation-reduction; and (3) to ing Permit was originally issued on December 22, 2008.

PENNSYLVANIA BULLETIN, VOL. 39, NO. 5, JANUARY 31, 2009 NOTICES 635

ACTIONS ON COAL AND NONCOAL 15701, permit revision—land use change on Christopher Evans property from Forest to Pasture or land occasion- MINING ACTIVITY APPLICATIONS ally cut for hay in White Township, Indiana County, Actions on applications under the Surface Mining affecting 105.3 acres. Receiving streams: UNTs to/and Conservation and Reclamation Act (52 P. S. Yellow Creek classified for the following use: TSF. There §§ 1396.1—1396.19a); the Noncoal Surface Mining are no potable water supply intakes within 10 miles Conservation and Reclamation Act (52 P. S. downstream. Application received November 5, 2008. Per- §§ 3301—3326); The Clean Streams Law (35 P. S. mit issued January 13, 2009. §§ 691.1—691.1001); the Coal Refuse Disposal Con- 56980107 and NPDES No. PA0234877. AMFIRE trol Act (52 P. S. §§ 30.51—30.66); and The Bitumi- Mining Company, LLC, One Energy Place, Latrobe, PA nous Mine Subsidence and Land Conservation Act 15650, permit renewal for the continued operation and (52 P. S. §§ 1406.1—1406.21). The final action on restoration of a bituminous surface and auger mine in each application also constitutes action on the Milford Township, Somerset County, affecting 277.0 request for 401 Water Quality Certification and acres. Receiving streams: UNTs to/and Casselman River the NPDES permit application. Mining activity and South Glade Creek classified for the following use: permits issued in response to the applications WWF. There are no potable water supply intakes within will also address the application permitting re- 10 miles downstream. Application received August 5, quirements of the following statutes: the Air 2008. Permit issued January 14, 2009. Quality Control Act (35 P. S. §§ 4001—4015); the 56910201 and NPDES No. PA0599271. AMFIRE Dam Safety and Encroachments Act (32 P. S. Mining Company, LLC, One Energy Place, Latrobe, PA §§ 693.1—693.27); and the Solid Waste Manage- 15650, permit renewal for reclamation only of a bitumi- ment Act (35 P. S. §§ 6018.101—6018.1003). nous surface mine in Paint Township, Somerset County, Coal Permits Actions affecting 31.0 acres. Receiving streams: Paint Creek classified for the following use: CWF. There are no California District Office: 25 Technology Drive, Coal potable water supply intakes within 10 miles down- Center, PA 15423, (724) 769-1100. stream. Application received July 11, 2008. Permit issued 03991301 and NPDES Permit No. PA0235407, Rose- January 14, 2009. bud Mining Company, (301 Market Street, Kittanning, 32020103 and NPDES No. PA0249211. AMFIRE PA 16201), to renew the permit for the Logansport Mine Mining Company, LLC, One Energy Place, Latrobe, PA in Bethel, Burrell, Gilpin and Parks Townships, 15650, permit renewal for the continued operation and Armstrong County and related NPDES permit. No restoration of a bituminous surface auger mine in Cher- additional discharges. Application received May 10, 2006. ryhill Township, Indiana County, affecting 138.0 acres. Permit issued January 12, 2009. Receiving streams: UNTs to Two Lick Creek and Two Lick Cambria District Mining Office: 286 Industrial Park Reservoir classified for the following uses: CWF, TSF. The Road, Ebensburg, PA 15931, (814) 472-1900. first downstream potable water supply intake from the point of discharge is PA American Water Company, Two 56030105. PA0249726, Croner, Inc., P. O. Box 260, Lick Creek SWI. Application received September 12, Friedens, PA 15541, permit renewal for the continued 2007. Permit issued January 14, 2009. operation and restoration of a bituminous surface and auger mine in Brothersvalley Township, Somerset Knox District Mining Office: P. O. Box 669, 310 Best County, affecting 317.2 acres. Receiving streams: UNTs Avenue, Knox, PA 16232-0669, (814) 797-1191. to/and Bluelick Creek and UNTs to/and Buffalo Creek 10060101. Ben Hal Mining Company (389 Irishtown classified for the following use: CWF. There are no Road, Grove City, PA 16127) Revision to an existing potable water supply intakes within 10 miles down- bituminous strip operation to change the post-mining stream. Application received September 29, 2008. Permit land use from forestland to pastureland/land occasionally issued January 8, 2009. cut for hay on the Robert L. and Rhonda R. Hall in Clay 56823033 and NPDES No. PA0607541. Croner, Inc., Township, Butler County. Receiving streams: UNT to P. O. Box 260, 1576 Stoystown Road, Friedens, PA 15541, South Branch Findley Creek. Application received Novem- permit renewal for the continued operation and restora- ber 11, 2008. Permit issued January 16, 2009. tion of a bituminous surface and auger mine in Pottsville District Mining Office: 5 West Laurel Boule- Brothersvalley Township, Somerset County, affecting vard, Pottsville, PA 17901, (570) 621-3118. 126.6 acres. Receiving streams: UNTs to/and Blue Lick Creek and UNTs to/and Swamp Creek classified for the 54980201R2 and NPDES Permit No. PA0223930. following use: CWF. There are no potable water supply A/C Fuel Company, (1001 Industrial Road, Nesquehon- intakes within 10 miles downstream. Application received ing, PA 18240), renewal of an existing anthracite coal September 29, 2008. Permit issued January 12, 2009. refuse reprocessing operation in Kline, Hazle and Banks Townships, Schuylkill, Luzerne and Carbon Counties 32000109 and NPDES Permit No. PA0248827. Britt affecting 197.5 acres, receiving stream: Catawissa Creek. Energies, Inc., 2450 Philadelphia Street, Indiana, PA Application received May 30, 2008. Renewal issued Janu- 15701, permit revision—land use change on Christopher ary 16, 2009. Evans property from Forest to Pasture or land occasionally cut for hay in White Township, Indiana County, Noncoal Permits Actions affecting 33.5 acres. Receiving streams: UNTs to/and Cambria District Mining Office: 286 Industrial Park Yellow Creek classified for the following use: TSF. There Road, Ebensburg, PA 15931, (814) 472-1900. are no potable water supply intakes within 10 miles NPDES Permit Number PA0605824. Fort Hill En- downstream. Application received November 5, 2008. Per- terprises, LLC, 1154 Draketown Road, Confluence, PA mit issued January 13, 2009. 15424, the Department of Environmental Protection has 32000102 and NPDES Permit No. PA0248827. Britt revised the effluent limits of the NPDES permit for Energies, Inc., 2450 Philadelphia Street, Indiana, PA continued discharge of treated mine drainage from a

PENNSYLVANIA BULLETIN, VOL. 39, NO. 5, JANUARY 31, 2009 636 NOTICES completed clay mine known as the Fort Hill Mine, located 58070869. John H. Hauser, (R. R. 1, Box 271AAA, in Addison Township, Somerset County. Receiving Springville, PA 18844), commencement, operation and stream: a UNT to the Casselman River with a designated restoration of a quarry operation in Springville Township, use of WWF. There are no potable water supplies located Susquehanna County, receiving stream: none. Applica- within 10 miles downstream of the point of discharge. tion received November 26, 2007. Permit issued January 16, 2009. Revised Final Effluent Limits ACTIONS ON BLASTING ACTIVITY Instanta- APPLICATIONS 30-day Daily neous Parameter Average Maximum Maximum Actions on applications under the Explosives Acts Iron (total) 1.57 mg/l 3.14 mg/l 3.93 mg/l of 1937 and 1957 (43 P. S. §§ 151—161); and 25 Manganese (total) 2.00 mg/l 4.00 mg/l 5.00 mg/l Pa. Code § 211.124 (relating to blasting activity Aluminum, (total) 0.75 mg/l 1.00 mg/l 1.25 mg/l permits). Blasting activity performed as part of a Suspended Solids 35.0 mg/l 70.0 mg/l 90.0 mg/l coal or noncoal mining activity will be regulated by the mining permit for that coal or noncoal pH greater than 6.0; less than 9.01 mining activity. Alkalinity greater than acidity1 1The parameter is applicable at all times Blasting Permits Actions The measurement frequency shall be twice per month. Cambria District Mining Office: 286 Industrial Park The sample type shall be grab. Samples must be taken Road, Ebensburg, PA 15931, (814) 472-1900. during a discharge at the final facility outlet and results 28084133. Jemco, Inc., 3338b Prices Distillery Road, shall be reported quarterly. Ijamsville, MD 21754-9315, blasting activity permit issued for single dwelling development in Washington 11080801. Kevin E. Hite, 516 Eckenrode Mill Road, Township, Franklin County. Blasting activity permit Patton, PA 16668, commencement, operation and restora- end date is December 24, 2009. Permit issued January 5, tion of a small noncoal (industrial minerals) operation in 2009. East Carroll Township, Cambria County, affecting 5.0 acres. Receiving streams: Laurel Lick Run to Chest 21094101. M & J Explosives, Inc., P. O. Box 608, Creek. Application received May 13, 2008. Permit issued Carlisle, PA 17013-0608, blasting activity permit issued January 13, 2009. for single dwelling development in South Middleton Township, Cumberland County. Blasting activity per- Pottsville District Mining Office: 5 West Laurel Boule- mit end date is January 31, 2010. Permit issued January vard, Pottsville, PA 17901, (570) 621-3118. 7, 2009. 13930301C4 and NPDES Permit No. PA0595829. 32094001. Simpson Brothers Coal, 1003 Bush Road, Haines & Kibblehouse, Inc., (P. O. Box 196, Skippack, New Alexandria, PA 15670, blasting activity permit is- PA 19474), renewal of NPDES Permit for discharge of sued for GFCC project in Young Township, Indiana treated mine drainage from a quarry operation in Penn County. Blasting activity permit end date is October 21, Forest Township, Carbon County, receiving stream: 2011. Permit issued January 15, 2009. Stony Creek. Application received November 25, 2008. Renewal issued January 14, 2009. Knox District Mining Office: P. O. Box 669, 310 Best Avenue, Knox, PA 16232-0669, (814) 797-1191. 06820601C4 and NPDES Permit No. PA0612791. 16094001. Appalachian Geophysical Services, LLC Allan A. Myers, LP, d/b/a Independence Construc- (2659 SR 60, P. O. Box 426, Killbuck, OH 44637-0426). tion Materials, (P. O. Box 98, Worcester, PA 19490), Blasting activity permit for seismic data acquisition in renewal of NPDES Permit for discharge of treated mine Elk and Washington Townships, Clarion County. This drainage from a quarry operation in New Morgan Bor- blasting activity permit will expire on March 1, 2009. ough, Berks County, receiving stream: UNT to East Application received January 12, 2009. Application issued Branch Conestoga River. Application received December January 14, 2009. 1, 2008. Renewal issued January 14, 2009. Pottsville District Mining Office: 5 West Laurel Boule- 58080839. John Kamarauskas, (R. R. 4, Box 119, vard, Pottsville, PA 17901, (570) 621-3118. Montrose, PA 18801), commencement, operation and restoration of a quarry operation in Rush Township, 39094101. Silver Valley Drilling & Blasting, Inc., Susquehanna County affecting 5.0 acres, receiving (HCR 1 702, Route 209N), construction blasting for stream: none. Application received June 24, 2008. Permit utilities at Hanover Acres in the City of Allentown, issued January 15, 2009. Lehigh County with an expiration date of January 10, 2010. Permit issued January 12, 2009. 58080855. O’Hara Samson Natural Stone, LLC, (R. R. 3, Box 289A, Meshoppen, PA 18630), commence- 40094101. Austin Powder Company, (25800 Science ment, operation and restoration of a quarry operation in Park Drive, Cleveland, OH 44122), construction blasting Dimock Township, Susquehanna County affecting 2.0 for Mericle East Mountain Lot 25 in Wilkes-Barre Town- acres, receiving stream: none. Application received Octo- ship, Luzerne County with an expiration date of Janu- ber 23, 2008. Permit issued January 16, 2009. ary 6, 2010. Permit issued January 12, 2009. 46094101. Rock Work, Inc., (1257 DeKalb Pike, Blue 66880301C2 and NPDES Permit No. PA0594229. Bell, PA 19422), construction blasting for Parklands in Reading Materials, Inc., (P. O. Box 1467, Skippack, PA Upper Hanover Township, Montgomery County with an 19474), renewal of NPDES Permit for discharge of treated expiration date of February 1, 2010. Permit issued Janu- mine drainage from a quarry operation in Falls Township, ary 12, 2009. Wyoming County, receiving stream: Buttermilk Creek. Application received December 1, 2008. Renewal issued 45094101. Hayduk Enterprises, Inc., (257 Riverside January 16, 2009. Drive, Factoryville, PA 18419), construction blasting for a

PENNSYLVANIA BULLETIN, VOL. 39, NO. 5, JANUARY 31, 2009 NOTICES 637 single home in Middle Smithfield Township, Monroe pro bono representation. Call the Secretary to the Board County with an expiration date of June 30, 2009. Permit at (717) 787-3483 for more information. issued January 13, 2009. Actions on applications for the following activities 15094101. Brubacher Excavating, Inc., (P. O. Box filed under the Dam Safety and Encroachments 528, Bowmansville, PA 17507), construction blasting at Act (32 P. S. §§ 693.1—693.27), section 302 of the Applecross Golf Course in East Brandywine Township, Flood Plain Management Act (32 P. S. § 679.302) Chester County with an expiration date of January 17, and The Clean Streams Law (35 P. S. §§ 691.1— 2010. Permit issued January 15, 2009. 691.702) and Notice of Final Action for Certifica- 40094102. Hayduk Enterprises, Inc., (257 Riverside tion under section 401 of the FWPCA (33 U.S.C.A. Drive, Factoryville, PA 18419), construction blasting for § 1341). Eagle Rock Resort in Black Creek, Hazle and North Union Townships, Luzerne and Schuylkill Counties Permits, Environmental Assessments and 401 Water with an expiration date of January 31, 2010. Permit Quality Certifications Issued issued January 15, 2009. WATER OBSTRUCTIONS AND ENCROACHMENTS 48094101. Austin Powder Company, (25800 Science Northeast Regional Office: Watershed Management Pro- Park Drive, Cleveland, OH 44122), construction blasting gram, 2 Public Square, Wilkes-Barre, PA 18711-0790. for Parkview Estates in Palmer Township, Northampton E58-281. Department of Transportation, Engineer- County with an expiration date of January 7, 2010. ing District 4-0, 55 Keystone Industrial Park, Dunmore, Permit issued January 15, 2009. PA 18512, Lenox Township, Susquehanna County, 48094102. Rock Work, Inc., (1257 DeKalb Pike, Blue United States Army Corps of Engineers, Baltimore Dis- Bell, PA 19422), construction blasting for Penns Ridge in trict. Forks Township, Northampton County with an expira- To place fill in 0.60 acre of EV wetlands for the purpose tion date of February 1, 2010. Permit issued January 15, of constructing a temporary access road to facilitate 2009. maintenance of the SR 0081, Section 558 bridges (north- bound and southbound). The project is located just north FEDERAL WATER POLLUTION of SR 0081/SR 374 Interchange in Lenox Township, CONTROL ACT SECTION 401 Susquehanna County (Lenoxville, PA Quadrangle Lati- tude: 41° 39Ј 12Љ; Longitude: 75° 39Ј 31Љ). The Department of Environmental Protection (Depart- ment) has taken the following actions on previously Northcentral Region: Water Management Program Man- received permit applications, requests for Environmental ager, 208 West Third Street, Williamsport, PA 17701, (570) Assessment approval and requests for Water Quality 327-3636. Certification under section 401 of the Federal Water E18-436. Department of Conservation and Natural Pollution Control Act (FWPCA) (33 U.S.C.A. § 1341). Resources, Bureau of Facility, Design and Construction, Except as otherwise noted, the Department has granted Rachel Carson State Office Building, P. O. Box 8451, 401 Water Quality Certification certifying that the con- Harrisburg, PA 17105-8451. Beaverdam Run Road over struction and operation described will comply with the the Right Fork Beaverdam Run, in Leidy and East applicable provisions of sections 301—303, 306 and 307 of Keating Townships, Clinton County, United States the FWPCA (33 U.S.C.A. §§ 1311—1313, 1316 and 1317) Army Corps of Engineers, Susquehanna River Basin District (Hammersley Fork, PA Quadrangle N: 41° 26Ј and that the construction will not violate applicable Љ Ј Љ Federal and State water quality standards. 16.0 ;W:77° 58 15.5 ). To construct and maintain three cast-in-places, rein- Persons aggrieved by an action may appeal, under forced concrete, rigid frame culverts to eliminate vehicles section 4 of the Environmental Hearing Board Act (35 fording the Right Fork of Beaverdam Run. The south P. S. § 7514) and 2 Pa.C.S. §§ 501—508 and 701—704 concrete culvert will have a span of 16.0-feet, underclear- (relating to the Administrative Agency Law), to the ance of 2.2-feet, on a skew of 30°. The middle concrete Environmental Hearing Board, Second Floor, Rachel culvert will have a span of 16.0-feet, underclearance of Carson State Office Building, 400 Market Street, P. O. 2.2-feet, on a skew of 55°. The north concrete culvert will Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. have a span of 16.0-feet, underclearance of 2.2-feet, on a TDD users should contact the Environmental Hearing skew of 77°. The projects will impact a total of 640 linear Board (Board) through the Pennsylvania AT&T Relay feet of waterway. The projects are located 3.5 miles north Service, (800) 654-5984. Appeals must be filed with the on Beaverdam Road in the Right Fork of Beaverdam Run, Board within 30 days of publication of this notice in the East Keating and Leidy Townships, Clinton County. This Pennsylvania Bulletin, unless the appropriate statute project proposes to impact 640 linear feet of the Right provides a different time period. Copies of the appeal Fork of Beaverdam Run, which is designated an EV-CWF form and the Board’s rules of practice and procedure may and does not propose to impact any jurisdictional be obtained from the Board. The appeal form and the wetlands. This permit was issued under section 105.13(e) Board’s rules of practice and procedure are also available ‘‘Small Projects.’’ in Braille or on audiotape from the Secretary of the Board at (717) 787-3483. This paragraph does not, in and of OIL AND GAS MANAGEMENT itself, create any right of appeal beyond that permitted by Southwest Region: Regional Oil and Gas Manager, 400 applicable statutes and decision law. Waterfront Drive, Pittsburgh, PA 15222-4745. For individuals who wish to challenge an action, ap- DOG6309-001. Range Resources—Appalachia, peals must reach the Board within 30 days. A lawyer is LLC, 380 Southpointe Boulevard, Suite 300, Canonsburg, not needed to file an appeal with the Board. PA 15317, Hopewell Township, Washington County. Project proposes to operate and maintain the existing Important legal rights are at stake, however, so indi- Lowry Fresh Water Impoundment Dam as a centralized viduals should show this notice to a lawyer at once. impoundment to collect and temporarily store flowback Persons who cannot afford a lawyer may qualify for free water, for the use and re-use of hydraulic fracturing

PENNSYLVANIA BULLETIN, VOL. 39, NO. 5, JANUARY 31, 2009 638 NOTICES water, from the William Unit Well No. 3H and future provides a different time period. Copies of the appeal wells in the area (Washington West, PA Quadrangle form and the Board’s rules of practice and procedure may Latitude: 40° 14Ј 44Љ; Longitude: 80° 21Ј 07Љ). be obtained from the Board. The appeal form and the EROSION AND SEDIMENT CONTROL Board’s rules of practice and procedure are also available in braille or on audiotape from the Secretary to the Board The following Erosion and Sediment Control (ESCP) at (717) 787-3483. This paragraph does not, in and of Permits have been issued. itself, create any right of appeal beyond that permitted by Any person aggrieved by these actions may appeal, applicable statutes and decisional law. under section 4 of the Environmental Hearing Board Act If individuals want to challenge this action, their (35 P. S. § 7514) and 2 Pa.C.S. Chapter 5, Subchapter A appeal must reach the Board within 30 days. Individuals (relating to practice and procedure of Commonwealth do not need a lawyer to file an appeal with the Board. agencies), to the Environmental Hearing Board, Second Important legal rights are at stake, however, so individu- Floor, Rachel Carson State Office Building, 400 Market als should show this notice to a lawyer at once. If Street, P. O. Box 8457, Harrisburg, PA 17105-8457, (717) individuals cannot afford a lawyer, individuals may 787-3483. TDD users should contact the Environmental qualify for free pro bono representation. Call the Secre- Hearing Board (Board) through the Pennsylvania AT&T tary to the Board (717) 787-3483 for more information. Relay Service, (800) 654-5984. Appeals must be filed with the Board within 30 days of publication of this notice in Northcentral Region: Water Management Program Man- the Pennsylvania Bulletin, unless the appropriate statute ager, 208 West Third Street, Williamsport, PA 17701.

ESCP 0809802 Fortuna Energy, Inc. Bradford County Troy Township UNT to South Branch 337 Daniel Zenker Drive Sugar Creek Horseheads, NY 14845 TSF ESCP 0809803 Eric Haskins Bradford County Granville Township North Branch Towanda Chesapeake Appalachia, Creek LLC CWF 900 Pennsylvania Avenue Charleston, WV 25302

SPECIAL NOTICES

Notice of Planning Grant Awards under Section 901 of the Municipal Waste Planning Recycling and Waste Reduction Act of 1988, Act 101 The Department of Environmental Protection (Department) hereby announces the following grants to counties under the Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act of 1988, Act 101, P. L. 556, section 901 and section 208 of the Waste Tire Recycling Act/Small Business and Household Pollution Prevention Act (Act 190 of 1996). Planning grants are awarded to counties for 80% of approved costs for preparing municipal waste management plans as required by Act 101, for carrying out related studies, surveys, investigations, inquiries, research and analysis, including those related to siting, environmental mediation, education programs on pollution prevention and household hazardous waste and providing technical assistance to small businesses for pollution prevention. Grants may be awarded for feasibility studies and project development for municipal waste processing or disposal facilities, except for facilities for the combustion of municipal waste that are not proposed to be operated for the recovery of energy. All grant awards are predicated on the receipt of recycling fees required by sections 701 and 702 of Act 101 and the availability of moneys in the Recycling Fund. Inquiries regarding the grant offerings should be directed to Sally Lohman, Chief, Waste Planning Section, Department of Environmental Protection, Bureau of Waste Management, Division of Waste Minimization and Planning, P. O. Box 8472, Harrisburg, PA 17105-8472. KATHLEEN MCGINTY, Secretary Act 101, Section 901 Planning Grant Region County Applicant Project Description Grant Award Southeast Northeast Southcentral Northcentral Southwest Montgomery Montgomery County Plan Revision $151,556 Northwest

PENNSYLVANIA BULLETIN, VOL. 39, NO. 5, JANUARY 31, 2009 NOTICES 639

Knox District Mining Office: P. O. Box 669, 310 Best (www.dep.state.pa.us) by typing ‘‘TMDL’’ in the DEP Avenue, Knox, PA 16232-0669, (814) 797-1191. Keyword field and clicking GO. Request for Comment and Notice of Public Meeting. Written comments will be accepted at the previous Proposed Total Maximum Daily Load (TMDL) for address and must be postmarked by April 1, 2009. the Redbank Creek Watershed in Jefferson, Clarion Persons who plan to make a presentation at the public and Armstrong Counties meeting should notify the Department no later than 4 p.m. Monday, March 9, 2009. The Department will con- The Department of Environmental Protection (Depart- sider all comments in developing the final TMDL, which ment) is holding a public meeting to discuss and accept will be submitted to the Environmental Protection Agency comments on proposed TMDL for the Redbank Creek for approval. Watershed in Jefferson, Clarion and Armstrong Counties. The meeting will be held on March 10, 2009, beginning at Persons with a disability who require accommodations 9 a.m. at the Knox District Office in Knox, PA. The to attend this meting should contact the Department at proposed TMDL was developed in accordance with the (814) 797-1191 or the Pennsylvania AT&T Relay Service requirements of The Clean Water Act, section 303(d). One at (800) 654-5984 (TDD users) or (800) 654-5988 (voice stream segment in the Redbank Creek Watershed has users) to discuss how the Department may accommodate been identified as impaired on the 1996 Pennsylvania their needs. 303(d) list due to high concentrations of metals and Request for Comment and Notice of Public Meeting. depressed pH. The listed segment and miles degraded are Proposed Total Maximum Daily Load (TMDL)s for shown in the following table: the Lower Clarion River and Deer Creek Stream Code Stream Name Miles Degraded Watersheds in Clarion County 48064 Redbank Creek 1.4 The Department of Environmental Protection (Depart- ment) is holding public meetings to discuss and accept The proposed plans provide calculations of the stream’s comments on proposed TMDLs for the Lower Clarion total capacity to accept metals (aluminum, iron, manga- River and Deer Creek Watersheds in Clarion County. The nese and acidity), pH and maintain levels below water meetings will be held on February 24, 2009, beginning at quality criteria. The applicable water quality criteria are 9 a.m. at the Knox District Office in Knox, PA. The as follows: proposed TMDLs were developed in accordance with the Criterion Total Recoverable/ requirements of The Clean Water Act, section 303(d). One Parameter value (mg/l) Dissolved stream segment in the Lower Clarion River Watershed Aluminum 0.75 Total Recoverable and one segment in the Deer Creek Watershed have been Iron 1.5 Total Recoverable identified as impaired on the 1996 Pennsylvania 303(d) Manganese 1.00 Total Recoverable list due to high concentrations of metals and depressed pH 6.0 to 9.0 NA pH. The listed segments and miles degraded are shown in the following table: The primary pollutant source for the Redbank Creek Stream Code Stream Name Miles Degraded Watershed is abandoned mine workings. The watershed was heavily mined for coal in the late 19th century and 49224 Clarion River 4.3 mining continues on a smaller scale today. The effects of 49407 Deer Creek 10.6 this are still present. The TMDL consists of load alloca- The proposed plans provide calculations of the stream’s tions, which are made to nonpoint sources of pollution total capacity to accept metals (aluminum, iron, manga- and waste load allocations which are established for nese and acidity), pH and maintain levels below water permitted point sources. quality criteria. The applicable water quality criteria are The TMDL was developed using Monte Carlo Simula- as follows: tion to determine long-term average concentrations that Criterion Total Recoverable/ each stream segment could accept and still meet water Parameter value (mg/l) Dissolved quality criteria 99% of the time. Monte Carlo Simulation allows for the expansion of a data set based on its Aluminum 0.75 Total Recoverable statistical makeup. Since there was no critical flow Iron 1.5 Total Recoverable condition where criteria were exceeded, the Department Manganese 1.00 Total Recoverable used the average flow to express the loading values in the pH 6.0 to 9.0 NA TMDL. The primary pollutant source for these watersheds is The TMDL sets allowable loading rates for metals and abandoned mine workings. These watersheds were acidity at specified points in the watershed. The basis of heavily mined for coal in the late 19th century and information used in the establishment of this TMDL is mining continues on a smaller scale today. The effects of field data collected over a year period. this are still present. The TMDL consists of load allocations, which are made to nonpoint sources of pollution The data and all supporting information used to de- and waste load allocations which are established for velop the proposed TMDL are available from the Depart- permitted point sources. ment. To request a copy of the proposed TMDL and an information sheet, contact Ely Heferle, Water Pollution The TMDLs were developed using Monte Carlo Simula- Biologist, Knox District Mining Office, White Memorial tion to determine long-term average concentrations that Building, P. O. Box 669, Knox, PA 16232-0669, (814) each stream segment could accept and still meet water 797-1191. E-mail will be received at [email protected]. quality criteria 99% of the time. Monte Carlo Simulation Directions to the Knox District Office can also be obtained allows for the expansion of a data set based on its by contacting this address. statistical makeup. Since there was no critical flow condition where criteria were exceeded, the Department The proposed TMDL for the Redbank Creek Watershed used the average flow to express the loading values in the can be accessed through the Department’s web site TMDLs.

PENNSYLVANIA BULLETIN, VOL. 39, NO. 5, JANUARY 31, 2009 640 NOTICES

The TMDLs set allowable loading rates for metals and the National Oceanic and Atmospheric Administration acidity at specified points in the watershed. The basis of (NOAA) through the Coastal and Estuarine Land Conser- information used in the establishment of this TMDL is vation Program (CELCP). This solicitation is for prelimi- field data collected over a 2 year period. nary candidate proposals and is for funding awards under The data and all supporting information used to de- NOAA’s Federal Fiscal Year 2010 Funding cycle. velop the proposed TMDLs are available from the Depart- CELCP places an emphasis on ‘‘ecologically valuable’’ ment. To request a copy of the proposed TMDLs and an lands. The geographic areas covered by CELCP are the information sheet, contact Ely Heferle, Water Pollution designated Delaware Estuary Coastal Zone Watershed Biologist, Knox District Mining Office, White Memorial and the Lake Erie Coastal Zone Watershed. Grant appli- Building, P. O. Box 669, Knox, PA 16232-0669, (814) cations may be made for the purchase of land acquisitions 797-1191. E-mail will be received at [email protected]. or interests; these may be in fee-simple title or as Directions to the Knox District Office can also be obtained conservation easements. A major condition of the CELCP by contacting this address. Program is that the title or easement must be held by a governmental/public entity. Further, grant awards must The proposed TMDLs for the Lower Clarion River and be matched dollar-for-dollar (may include in-kind match Deer Creek Watersheds can be accessed through the but not other Federal funds) and are capped at $3 million Department’s web site (www.dep.state.pa.us) by typing each (Federal share). Land trusts may hold subeasements ‘‘TMDL’’ in the DEP Keyword field and clicking GO. for management and stewardship on CELCP-funded prop- Written comments will be accepted at the previous erties and may assist in the development of proposals, address and must be postmarked by April 1, 2009. but they may not hold title to any property acquired with Persons who plan to make a presentation at the public CELCP funds. meeting should notify the Department no later than 4 Each coastal state may nominate up to three candidate p.m. Monday, February 23, 2009. The Department will projects to NOAA for this National, competitive process. consider all comments in developing the final TMDLs, The Department will select the three Pennsylvania candi- which will be submitted to the Environmental Protection date projects for submission to NOAA employing the Agency for approval. guidelines issued by the Federal agency. NOAA will Persons with a disability who require accommodations develop a ranked list of projects eligible for funding. Once to attend this meting should contact the Department at NOAA receives final appropriations from the United (814) 797-1191 or the Pennsylvania AT&T Relay Service States Congress, the agency will make final determina- at (800) 654-5984 (TDD users) or (800) 654-5988 (voice tions as to which projects are selected for funding within users) to discuss how the Department may accommodate amounts available. Federal funding awards, based upon their needs. the final CELCP funding appropriated, are expected to be [Pa.B. Doc. No. 09-157. Filed for public inspection January 30, 2009, 9:00 a.m.] made between March 1, 2010, and October 1, 2010. The Federal Funding Opportunity (FFO) Announce- ment, Federal Register notice, Description and Scope of Work Formats and CELCP Checklist will be listed on the Department’s web site at www.depweb.state.pa.us (DEP Bid Opportunity Keywords ‘‘Coastal Zone Management Program/Coastal Zone’’) as soon as NOAA publishes the materials. These BOGM 08-10, cleaning out and plugging one aban- materials contain detailed information about the grant doned gas well, (Mark Williams Property), Upper application submission and review process. Applications Burrell Township, Westmoreland County. The princi- should follow the format listed in the FFO. The FFO pal items of work include cleaning out and plugging one Announcement also contains several links to the NOAA abandoned gas well, estimated to be 3,500 feet in depth, CELCP web site for further explanations of program to the Department of Environmental Protection’s specifi- requirements and additional guidance. In addition, the cations, preparing and restoring well sites and mobilizing web site contains the Pennsylvania CELCP plan, as and demobilizing plugging equipment. This project issues reference for applicants submitting proposals. Applicants on January 30, 2009, and bids will be opened on March 5, should closely review the Federal Register notice, FFO 2009, at 2 p.m. Bid documents cost $10 per set and will and Pennsylvania CELCP plan to understand eligibility not be mailed until payment has been received. A prebid requirements, ranking criteria and the types of acquisi- conference is planned for this project on February 17, tion projects the program may fund. 2009. Use the contact information contained in this advertisement to find out more about the prebid. Contact Proposals must be submitted no later than March 2, the Construction Contracts Section at (717) 787-7820 or 2009, to Jeff Dewey, Department of Environmental Pro- [email protected] for more information on this bid. tection, Water Planning Office, P. O. Box 2063, 400 Mar- ket Street, Harrisburg, PA 17105-2063, and must include JOHN HANGER, the following: Acting Secretary 1. A project description. [Pa.B. Doc. No. 09-158. Filed for public inspection January 30, 2009, 9:00 a.m.] 2. Scope of work. 3. Proposed budget. 4. A project application checklist. Coastal and Estuarine Land Acquisition Conserva- 5. Maps of the site/project location. tion Program; Federal Fiscal Year 2010 Grant Additionally, applicants may submit supplemental ma- Solicitation terials listed in the Federal announcement, such as a copy of a property appraisal, title opinion or evidence of a The Coastal Resources Management Program of the willing seller. Department of Environmental Protection (Department) is For additional information, contact Chris Linn at the soliciting land acquisition grant proposals to submit to Delaware Valley Regional Planning Commission, (215)

PENNSYLVANIA BULLETIN, VOL. 39, NO. 5, JANUARY 31, 2009 NOTICES 641

238-2873, [email protected]; contact Julia McConnaughey to do so should contact the Division at the previously at the Erie County Planning Department, (814) 451-6018, listed address or phone numbers or for speech and/or [email protected]; or Jeff Dewey at the hearing impaired persons V/TT (717) 783-6154 or the Department’s Water Planning Office, (717) 772-5619, Pennsylvania AT&T Relay Service at (800) 654-5984. [email protected]. EVERETTE JAMES, JOHN HANGER, Acting Secretary Acting Secretary [Pa.B. Doc. No. 09-161. Filed for public inspection January 30, 2009, 9:00 a.m.] [Pa.B. Doc. No. 09-159. Filed for public inspection January 30, 2009, 9:00 a.m.]

Long-Term Care Nursing Facilities; Request for Oil and Gas Well Permit Application Modifications; Exception Revisions to the Application Addendum for Marcellus Shale Gas Well Development The following long-term care nursing facilities are seeking an exception to 28 Pa. Code § 201.18(e) (relating The Department of Environmental Protection (Depart- to management). ment) announces modifications to the well permit applica- UMPC McKeesport Long-Term Care Facility tion for Marcellus Shale gas well development. 1500 Fifth Avenue Effective January 31, 2009, applicants for well permits McKeesport, PA 15132 for gas wells to the Marcellus Shale must use the revised Progressive Care Center at Braddock ‘‘Application Addendum for Marcellus Shale Gas Well 400 Holland Avenue Development’’ (Document 5500-PM-OGO00083) in addi- Braddock, PA 15104 tion to the conventional well permit application. The addendum was recently revised to clarify the require- These requests are on file with the Department of ments for impoundments as well as to assist the appli- Health (Department). Persons may receive a copy of a cant in providing the supplemental information, including request for exception by requesting a copy from the the water management plan, associated with the develop- Division of Nursing Care Facilities, Room 526, Health ment of Marcellus Shale Gas Wells. The complete permit and Welfare Building, Harrisburg, PA 17120, (717) 787- application, including the addendum for Marcellus Shale 1816, fax (717) 772-2163, [email protected]. Gas Well Development, is available on the Department’s Persons who wish to comment on this exception request web site at www.depweb.state.pa.us (DEP Keywords: Gas may do so by sending a letter by mail, e-mail or facsimile and Oil Wells). to the Division and address listed previously. Questions concerning the well permit application for Marcellus Shale Gas Well Development may be directed Comments received by the Department within 15 days to Ronald Gilius, Bureau of Oil and Gas Management at after the date of publication of this notice will be (717) 772-2199, [email protected]. reviewed by the Department before it decides whether to approve or disapprove the request for exception. JOHN HANGER, Acting Secretary Persons with a disability who require an alternative [Pa.B. Doc. No. 09-160. Filed for public inspection January 30, 2009, 9:00 a.m.] format of this document or who desire to comment in an alternative format (for example, large print, audiotape, Braille), should contact the Division of Nursing Care Facilities at the address or phone numbers listed previoulsy or for speech and/or hearing impaired persons V/TT (717) 783-6514 or the Pennsylvania AT&T Relay DEPARTMENT OF HEALTH Service at (800) 654-5984 (TT). EVERETTE JAMES, Application of Elk Regional Health Center for Acting Secretary Exception [Pa.B. Doc. No. 09-162. Filed for public inspection January 30, 2009, 9:00 a.m.]

Under 28 Pa. Code § 51.33 (relating to requests for exceptions), the Department of Health (Department) gives notice that Elk Regional Health Center has requested an exception to the requirements of 28 Pa. Code § 107.62 (relating to oral orders). Traumatic Brain Injury Advisory Board Meeting

The request is on file with the Department. Persons The Traumatic Brain Injury Advisory Board, estab- may receive a copy of a request for exception by request- lished under the Federal Traumatic Brain Injury Act of ing a copy from the Department of Health, Division of 1996 (42 U.S.C.A. § 300d-52), will hold a public meeting Acute and Ambulatory Care, Room 532, Health and on Thursday, February 12, 2009, from 10 a.m. to 3 p.m. in Welfare Building, Harrisburg, PA 17120, (717) 783-8980, the Richards Hall, Recital Room, Dixon University Cen- fax (717) 772-2163, [email protected]. ter, 2986 North Second Street, Harrisburg, PA 17110. The facility is requesting a waiver of the comment For additional information, or if you are a person with period, as set forth in 28 Pa. Code § 51.33(c). a disability and desire to attend the meeting and require Persons with a disability who wish to obtain a copy of a an auxiliary aid, service or other accommodation to do so request and/or provide comments to the Department and contact Maureen Young, Administrative Assistant, Divi- require an auxiliary aid, service or other accommodation sion of Child and Adult Health Services at (717) 772-2762

PENNSYLVANIA BULLETIN, VOL. 39, NO. 5, JANUARY 31, 2009 642 NOTICES or for speech and/or hearing impaired persons V/TT (717) 783-6514 or the Pennsylvania AT&T Relay Service at DEPARTMENT OF MILITARY (800) 654-5984. AND VETERANS AFFAIRS This meeting is subject to cancellation without notice. Per Diem Rates at Pennsylvania State Veterans’ EVERETTE JAMES, Homes Acting Secretary [Pa.B. Doc. No. 09-163. Filed for public inspection January 30, 2009, 9:00 a.m.] The Department of Military and Veterans Affairs has established the following per diem rates for the costs of care for residents at Pennsylvania’s six State Veterans’ Homes. These per diem rates are effective January 1, 2009, until further notice. Hollidaysburg Veterans’ Home DEPARTMENT OF Nursing Care $279.11 Personal Care (Domiciliary) $175.53 LABOR AND INDUSTRY Pennsylvania Soldiers’ and Sailors’ Home Current Prevailing Wage Act Debarments Nursing Care $289.56 Personal Care (Domiciliary) $146.43 The contractors referenced have been determined to Southeastern Veterans’ Center have intentionally violated the Pennsylvania Prevailing Nursing Care $268.67 Wage Act (act) (43 P. S. §§ 165-1—165-17). This notice is Personal Care (Domiciliary) $192.11 published for the information and convenience of public bodies subject to the act. Under section 11(e) of the act Gino J. Merli Veterans’ Center (43 P. S. § 165-11(e)), these contractors, or either one of Nursing Care $286.51 them, or any firms, corporations or partnerships in which Personal Care (Domiciliary) $167.89 either one of these contractors has an interest, shall be Southwestern Veterans’ Center awarded no contract for 3 years after the date listed. Nursing Care $260.06 SANDI VITO, Personal Care (Domiciliary) $174.57 Acting Secretary Delaware Valley Veterans’ Home Date of Contractor Address Debarment Nursing Care $282.27 Personal Care (Domiciliary) $176.99 Morris Johnson & 925 Davisville Road 1/13/2009 Sons, Inc. and Willow Grove, PA 19090 JESSICA L. WRIGHT, Albert Johnson, Sr., Major General, PAARNG, individually The Adjutant General [Pa.B. Doc. No. 09-166. Filed for public inspection January 30, 2009, 9:00 a.m.] [Pa.B. Doc. No. 09-164. Filed for public inspection January 30, 2009, 9:00 a.m.]

Current Prevailing Wage Act Debarments DEPARTMENT

The contractors referenced have been determined to OF REVENUE have intentionally violated the Pennsylvania Prevailing Pennsylvania Fun 1s Instant Lottery Game Wage Act (act) (43 P. S. §§ 165-11—165-17). This notice is published for the information and convenience of public Under the State Lottery Law (72 P. S. §§ 3761-101— bodies subject to the act. Under section 11(e) of the act 3761-314) and 61 Pa. Code § 819.203 (relating to notice of (43 P. S. § 165-11(e)), these persons and firms, or any instant game rules), the Secretary of Revenue hereby firms, corporations or partnerships in which these per- provides public notice of the rules for the following sons and firms have an interest, shall be awarded no instant lottery game: contract for 3 years after the date listed. 1. Name: The name of the game is Pennsylvania Fun SANDI VITO, 1s. Acting Secretary 2. Price: The price of a Pennsylvania Fun 1s instant Date of lottery game ticket is $1. Contractor Address Debarment 3. Play Symbols: Each Pennsylvania Fun 1s instant Philip Saar 2036 Saxonburg 12/15/2008 lottery game ticket will contain one play area. The play Enterprises, Inc. Boulevard symbols and their captions, located in the play area are: 1 and Philip Saar, Tarentum, PA 15084 (ONE), 2 (TWO), 3 (THREE), 4 (FOUR), 5 (FIVE), 6 Individually (SIX), 7 (SEVEN), 8 (EIGHT) and 9 (NINE). [Pa.B. Doc. No. 09-165. Filed for public inspection January 30, 2009, 9:00 a.m.] 4. Prize Symbols: The prize symbols and their captions, located in the play area are: FREE (TICKET), $1.00 (ONE DOL), $2.00 (TWO DOL), $5.00 (FIV DOL), $10.00 (TEN

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DOL), $20.00 (TWENTY), $40.00 (FORTY), $50.00 (FIFTY), prize area under that 1 (ONE) play symbol, on a single $100 (ONE HUN), $400 (FOR HUN), $1,000 (ONE THO) ticket, shall be entitled to a prize of $40. and $5,000 (FIV THO). (g) Holders of tickets with a play symbol of 1 (ONE), 5. Prizes: The prizes that can be won in this game are: and a prize symbol of $20.00 (TWENTY) appears in the Free $1 Ticket, $1, $2, $5, $10, $20, $40, $50, $100, $400, prize area under that 1 (ONE) play symbol, on a single $1,000 and $5,000. The player can win up to 6 times on ticket, shall be entitled to a prize of $20. the ticket. (h) Holders of tickets with a play symbol of 1 (ONE), 6. Approximate Number of Tickets Printed For the and a prize symbol of $10.00 (TEN DOL) appears in the Game: Approximately 16,800,000 tickets will be printed prize area under that 1 (ONE) play symbol, on a single for the Pennsylvania Fun 1s instant lottery game. ticket, shall be entitled to a prize of $10. 7. Determination of Prize Winners: (i) Holders of tickets with a play symbol of 1 (ONE), .00 (a) Holders of tickets with a play symbol of 1 (ONE), and a prize symbol of $5 (FIV DOL) appears in the and a prize symbol of $5,000 (FIV THO) appears in the prize area under that 1 (ONE) play symbol, on a single prize area under that 1 (ONE) play symbol, on a single ticket, shall be entitled to a prize of $5. ticket, shall be entitled to a prize of $5,000. (j) Holders of tickets with a play symbol of 1 (ONE), (b) Holders of tickets with a play symbol of 1 (ONE), and a prize symbol of $2.00 (TWO DOL) appears in the and a prize symbol of $1,000 (ONE THO) appears in the prize area under that 1 (ONE) play symbol, on a single prize area under that 1 (ONE) play symbol, on a single ticket, shall be entitled to a prize of $2. ticket, shall be entitled to a prize of $1,000. (k) Holders of tickets with a play symbol of 1 (ONE), (c) Holders of tickets with a play symbol of 1 (ONE), and a prize symbol of $1.00 (ONE DOL) appears in the and a prize symbol of $400 (FOR HUN) appears in the prize area under that 1 (ONE) play symbol, on a single prize area under that 1 (ONE) play symbol, on a single ticket, shall be entitled to a prize of $1. ticket, shall be entitled to a prize of $400. (l) Holders of tickets with a play symbol of 1 (ONE), (d) Holders of tickets with a play symbol of 1 (ONE), and a prize symbol of FREE (TICKET) appears in the and a prize symbol of $100 (ONE HUN) appears in the prize area under that 1 (ONE) play symbol, on a single prize area under that 1 (ONE) play symbol, on a single ticket, shall be entitled to a prize of one Pennsylvania ticket, shall be entitled to a prize of $100. Fun 1s instant game ticket or one Pennsylvania Lottery (e) Holders of tickets with a play symbol of 1 (ONE), instant game ticket of equivalent sale price which is and a prize symbol of $50.00 (FIFTY) appears in the prize currently on sale. area under that 1 (ONE) play symbol, on a single ticket, 8. Number and Description of Prizes and Approximate shall be entitled to a prize of $50. Odds: The following table sets forth the approximate (f) Holders of tickets with a play symbol of 1 (ONE), number of winners, amounts of prizes and approximate and a prize symbol of $40.00 (FORTY) appears in the odds of winning:

Reveal A ‘‘1’’ In The Play Approximate No. Of Area, Win Prize Shown Below Approximate Winners Per It. Win With Prizes Of: Win Odds Are 1 In: 16,800,000 Tickets FREE FREE $1 TICKET 10 1,680,000 $1 $1 75 224,000 $1 × 2 $2 33.33 504,000 $2 $2 33.33 504,000 $1 × 5 $5 75 224,000 $5 $5 75 224,000 $2 × 5 $10 500 33,600 $5 × 2 $10 500 33,600 $10 $10 300 56,000 ($2 × 5) + $10 $20 1,500 11,200 $5 × 4 $20 1,500 11,200 $10 × 2 $20 1,500 11,200 $20 $20 750 22,400 ($5 × 4) + ($10 × 2) $40 3,243 5,180 $10 × 4 $40 3,243 5,180 $20 × 2 $40 3,243 5,180 $40 $40 3,243 5,180 ($10 × 5) + $50 $100 6,000 2,800 $50 × 2 $100 6,000 2,800 $100 $100 6,000 2,800 $100 × 4 $400 240,000 70 $400 $400 240,000 70 $1,000 $1,000 480,000 35 $5,000 $5,000 3,360,000 5

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Prizes, including top prizes, are subject to availability at (EIGHT), 9 (NINE), 10 (TEN), 11 (ELEVN), 12 (TWLV), the time of purchase. 13 (THRTN), 14 (FORTN), 15 (FIFTN), 16 (SIXTN), 17 9. Retailer Incentive Awards: The Lottery may conduct (SVNTN), 18 (EGHTN), 19 (NINTN), 20 (TWENT), Paw a separate Retailer Incentive Game for retailers who sell Print (PAW PRINT) symbol and a Twist (TWIST) symbol. Pennsylvania Fun 1s instant lottery game tickets. The Each Pennsylvania Fat Cat doubler ’09 instant lottery conduct of the game will be governed by 61 Pa. Code game ticket will contain one play area featuring a § 819.222 (relating to retailer bonuses and incentive). ‘‘WINNING NUMBERS’’ area and a ‘‘FISH NUMBERS’’ area. The play symbols and their captions located in the 10. Unclaimed Prize Money: For a period of 1 year from ‘‘WINNING NUMBERS’’ area for Pennsylvania Fat Cat the announced close of Pennsylvania Fun 1s, prize money doubler ’09 are: 1 (ONE), 2 (TWO), 3 (THREE), 4 (FOUR), from winning Pennsylvania Fun 1s instant lottery game 5 (FIVE), 6 (SIX), 7 (SEVEN), 8 (EIGHT), 9 (NINE), 10 tickets will be retained by the Secretary for payment to (TEN), 11 (ELEVN), 12 (TWLV), 13 (THRTN), 14 the persons entitled thereto. If no claim is made within 1 (FORTN), 15 (FIFTN), 16 (SIXTN), 17 (SVNTN), 18 year of the announced close of the Pennsylvania Fun 1s (EGHTN), 19 (NINTN) and 20 (TWENT). The play sym- instant lottery game, the right of a ticket holder to claim bols and their captions located in the ‘‘FISH NUMBERS’’ the prize represented by the ticket, if any, will expire and area for Pennsylvania Fat Cat doubler ’09 are: 1 (ONE), 2 the prize money will be paid into the State Lottery Fund (TWO), 3 (THREE), 4 (FOUR), 5 (FIVE), 6 (SIX), 7 and used for purposes provided for by statute. (SEVEN), 8 (EIGHT), 9 (NINE), 10 (TEN), 11 (ELEVN), 11. Governing Law: In purchasing a ticket, the cus- 12 (TWLV), 13 (THRTN), 14 (FORTN), 15 (FIFTN), 16 tomer agrees to comply with and abide by the State (SIXTN), 17 (SVNTN), 18 (EGHTN), 19 (NINTN), 20 Lottery Law (72 P. S. §§ 3761-101—3761-314), 61 (TWENT), Paw Print (PAW PRINT) symbol and a Mouse Pa. Code Part V (relating to State Lotteries) and the (MOUSE) symbol. provisions contained in this notice. 4. Prize Symbols: The prize symbols and their captions 12. Termination of the Game: The Secretary may an- located in the ‘‘Prize’’ areas for Pennsylvania Lucky Dog doubler ’09/Fat Cat doubler ’09 are: $1.00 (ONE DOL), nounce a termination date, after which no further tickets .00 .00 .00 from this game may be sold. The announcement will be $2 (TWO DOL), $4 (FOR DOL), $5 (FIV DOL), $10.00 (TEN DOL), $20.00 (TWENTY), $40.00 (FORTY), disseminated through media used to advertise or promote .00 Pennsylvania Fun 1s or through normal communications $50 (FIFTY), $100 (ONE HUN), $400 (FOR HUN), methods. $500 (FIV HUN), $1,000 (ONE THO) and $20,000 (TWY THO). STEPHEN H. STETLER. Acting Secretary 5. Prizes: The prizes that can be won in this game are: [Pa.B. Doc. No. 09-167. Filed for public inspection January 30, 2009, 9:00 a.m.] $1, $2, $4, $5, $10, $20, $40, $50, $100, $400, $500, $1,000 and $20,000. The player can win up to 10 times on a ticket. 6. Approximate Number of Tickets Printed For the Game: Approximately 6,000,000 tickets will be printed for the Pennsylvania Lucky Dog doubler ’09/Fat Cat doubler Pennsylvania Lucky Dog doubler ’09/Fat Cat dou- ’09 instant lottery game. bler ’09 Instant Lottery Game 7. Determination of Prize Winners: Under the State Lottery Law (72 P. S. §§ 3761-101— (a) Holders of tickets upon which any one of the ‘‘DOG 3761-314) and 61 Pa. Code § 819.203 (relating to notice of BONE NUMBERS’’ or the ‘‘FISH NUMBERS’’ play sym- instant game rules), the Secretary of Revenue hereby bols matches either of the ‘‘WINNING NUMBERS’’ play provides public notice of the rules for the following symbols and a prize symbol of $20,000 (TWY THO) instant lottery game: appears under the matching ‘‘DOG BONE NUMBERS’’ or 1. Name: The name of the game is Pennsylvania Lucky the ‘‘FISH NUMBERS’’ play symbol, on a single ticket, Dog doubler ’09/Fat Cat doubler ’09. There are two shall be entitled to a prize of $20,000. versions of the game. The play method for each version is (b) Holders of tickets upon which any one of the ‘‘DOG identical. The name appearing on the tickets will be BONE NUMBERS’’ or the ‘‘FISH NUMBERS’’ play sym- either Lucky Dog doubler or Fat Cat doubler on an bols matches either of the ‘‘WINNING NUMBERS’’ play alternating basis. symbols and a prize symbol of $1,000 (ONE THO) 2. Price: The price of a Pennsylvania Lucky Dog dou- appears under the matching ‘‘DOG BONE NUMBERS’’ or bler ’09/Fat Cat doubler ’09 instant lottery game ticket is the ‘‘FISH NUMBERS’’ play symbol, on a single ticket, $2. shall be entitled to a prize of $1,000. 3. Play Symbols: Each Pennsylvania Lucky Dog dou- (c) Holders of tickets upon which any one of the ‘‘DOG bler ’09 instant lottery game ticket will contain one play BONE NUMBERS’’ or the ‘‘FISH NUMBERS’’ play sym- area featuring a ‘‘WINNING NUMBERS’’ area and a bols matches either of the ‘‘WINNING NUMBERS’’ play ‘‘DOG BONE NUMBERS’’ area. The play symbols and symbols and a prize symbol of $500 (FIV HUN) appears their captions located in the ‘‘WINNING NUMBERS’’ area under the matching ‘‘DOG BONE NUMBERS’’ or the for Pennsylvania Lucky Dog doubler ’09 are: 1 (ONE), 2 ‘‘FISH NUMBERS’’ play symbol, on a single ticket, shall (TWO), 3 (THREE), 4 (FOUR), 5 (FIVE), 6 (SIX), 7 be entitled to a prize of $500. (SEVEN), 8 (EIGHT), 9 (NINE), 10 (TEN), 11 (ELEVN), (d) Holders of tickets upon which any one of the ‘‘DOG 12 (TWLV), 13 (THRTN), 14 (FORTN), 15 (FIFTN), 16 BONE NUMBERS’’ or the ‘‘FISH NUMBERS’’ play sym- (SIXTN), 17 (SVNTN), 18 (EGHTN), 19 (NINTN) and 20 bols matches either of the ‘‘WINNING NUMBERS’’ play (TWENT). The play symbols and their captions located in symbols and a prize symbol of $400 (FOR HUN) appears the ‘‘DOG BONE NUMBERS’’ area for Pennsylvania under the matching ‘‘DOG BONE NUMBERS’’ or the Lucky Dog doubler ’09 are: 1 (ONE), 2 (TWO), 3 ‘‘FISH NUMBERS’’ play symbol, on a single ticket, shall (THREE), 4 (FOUR), 5 (FIVE), 6 (SIX), 7 (SEVEN), 8 be entitled to a prize of $400.

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(e) Holders of tickets upon which any one of the ‘‘DOG (o) Holders of tickets upon which any one of the ‘‘DOG BONE NUMBERS’’ play symbols is a Twist symbol BONE NUMBERS’’ or the ‘‘FISH NUMBERS’’ play sym- (TWIST), or any one of the ‘‘FISH NUMBERS’’ play bols is a Paw Print symbol (PAW PRINT), and a prize symbols is a Mouse symbol (MOUSE), and a prize symbol symbol of $20.00 (TWENTY) appears under the Paw Print of $100 (ONE HUN) appears under the Twist symbol symbol (PAW PRINT), on a single ticket, shall be entitled (TWIST) or Mouse symbol (MOUSE), on a single ticket, to a prize of $20. shall be entitled to a prize of $200. (p) Holders of tickets upon which any one of the ‘‘DOG (f) Holders of tickets upon which any one of the ‘‘DOG BONE NUMBERS’’ play symbols is a Twist symbol BONE NUMBERS’’ or the ‘‘FISH NUMBERS’’ play sym- (TWIST), or any one of the ‘‘FISH NUMBERS’’ play bols matches either of the ‘‘WINNING NUMBERS’’ play symbols is a Mouse symbol (MOUSE), and a prize symbol symbols and a prize symbol of $100 (ONE HUN) appears of $10.00 (TEN DOL) appears under the Twist symbol under the matching ‘‘DOG BONE NUMBERS’’ or the (TWIST) or Mouse symbol (MOUSE), on a single ticket, ‘‘FISH NUMBERS’’ play symbol, on a single ticket, shall shall be entitled to a prize of $20. be entitled to a prize of $100. (q) Holders of tickets upon which any one of the ‘‘DOG (g) Holders of tickets upon which any one of the ‘‘DOG BONE NUMBERS’’ or the ‘‘FISH NUMBERS’’ play sym- BONE NUMBERS’’ or the ‘‘FISH NUMBERS’’ play symbols matches either of the ‘‘WINNING NUMBERS’’ play bols is a Paw Print symbol (PAW PRINT), and a prize symbols and a prize symbol of $10.00 (TEN DOL) appears symbol of $100 (ONE HUN) appears under the Paw Print under the matching ‘‘DOG BONE NUMBERS’’ or the symbol (PAW PRINT), on a single ticket, shall be entitled ‘‘FISH NUMBERS’’ play symbol, on a single ticket, shall to a prize of $100. be entitled to a prize of $10. (h) Holders of tickets upon which any one of the ‘‘DOG (r) Holders of tickets upon which any one of the ‘‘DOG BONE NUMBERS’’ play symbols is a Twist symbol BONE NUMBERS’’ or the ‘‘FISH NUMBERS’’ play sym- (TWIST), or any one of the ‘‘FISH NUMBERS’’ play bols is a Paw Print symbol (PAW PRINT), and a prize symbols is a Mouse symbol (MOUSE), and a prize symbol symbol of $10.00 (TEN DOL) appears under the Paw Print of $50.00 (FIFTY) appears under the Twist symbol symbol (PAW PRINT), on a single ticket, shall be entitled (TWIST) or Mouse symbol (MOUSE), on a single ticket, to a prize of $10. shall be entitled to a prize of $100. (s) Holders of tickets upon which any one of the ‘‘DOG (i) Holders of tickets upon which any one of the ‘‘DOG BONE NUMBERS’’ play symbols is a Twist symbol BONE NUMBERS’’ or the ‘‘FISH NUMBERS’’ play sym- (TWIST), or any one of the ‘‘FISH NUMBERS’’ play bols matches either of the ‘‘WINNING NUMBERS’’ play .00 symbols is a Mouse symbol (MOUSE), and a prize symbol symbols and a prize symbol of $50 (FIFTY) appears of $4.00 (FOR DOL) appears under the Twist symbol under the matching ‘‘DOG BONE NUMBERS’’ or the (TWIST) or Mouse symbol (MOUSE), on a single ticket, ‘‘FISH NUMBERS’’ play symbol, on a single ticket, shall shall be entitled to a prize of $8. be entitled to a prize of $50. (t) Holders of tickets upon which any one of the ‘‘DOG (j) Holders of tickets upon which any one of the ‘‘DOG BONE NUMBERS’’ or the ‘‘FISH NUMBERS’’ play sym- BONE NUMBERS’’ or the ‘‘FISH NUMBERS’’ play symbols matches either of the ‘‘WINNING NUMBERS’’ play bols is a Paw Print symbol (PAW PRINT), and a prize .00 .00 symbols and a prize symbol of $5 (FIV DOL) appears symbol of $50 (FIFTY) appears under the Paw Print under the matching ‘‘DOG BONE NUMBERS’’ or the symbol (PAW PRINT), on a single ticket, shall be entitled ‘‘FISH NUMBERS’’ play symbol, on a single ticket, shall to a prize of $50. be entitled to a prize of $5. (k) Holders of tickets upon which any one of the ‘‘DOG BONE NUMBERS’’ or the ‘‘FISH NUMBERS’’ play sym- (u) Holders of tickets upon which any one of the ‘‘DOG bols matches either of the ‘‘WINNING NUMBERS’’ play BONE NUMBERS’’ or the ‘‘FISH NUMBERS’’ play sym- symbols and a prize symbol of $40.00 (FORTY) appears bols is a Paw Print symbol (PAW PRINT), and a prize .00 (FIV DOL) appears under the Paw Print under the matching ‘‘DOG BONE NUMBERS’’ or the symbol of $5 symbol (PAW PRINT), on a single ticket, shall be entitled ‘‘FISH NUMBERS’’ play symbol, on a single ticket, shall to a prize of $5. be entitled to a prize of $40. (l) Holders of tickets upon which any one of the ‘‘DOG (v) Holders of tickets upon which any one of the ‘‘DOG BONE NUMBERS’’ or the ‘‘FISH NUMBERS’’ play sym- BONE NUMBERS’’ or the ‘‘FISH NUMBERS’’ play symbols matches either of the ‘‘WINNING NUMBERS’’ play bols is a Paw Print symbol (PAW PRINT), and a prize .00 symbol of $40.00 (FORTY) appears under the Paw Print symbols and a prize symbol of $4 (FOR DOL) appears symbol (PAW PRINT), on a single ticket, shall be entitled under the matching ‘‘DOG BONE NUMBERS’’ or the to a prize of $40. ‘‘FISH NUMBERS’’ play symbol, on a single ticket, shall be entitled to a prize of $4. (m) Holders of tickets upon which any one of the ‘‘DOG BONE NUMBERS’’ play symbols is a Twist symbol (w) Holders of tickets upon which any one of the ‘‘DOG (TWIST), or any one of the ‘‘FISH NUMBERS’’ play BONE NUMBERS’’ or the ‘‘FISH NUMBERS’’ play sym- symbols is a Mouse symbol (MOUSE), and a prize symbol bols is a Paw Print symbol (PAW PRINT), and a prize of $20.00 (TWENTY) appears under the Twist symbol symbol of $4.00 (FOR DOL) appears under the Paw Print (TWIST) or Mouse symbol (MOUSE), on a single ticket, symbol (PAW PRINT), on a single ticket, shall be entitled shall be entitled to a prize of $40. to a prize of $4. (n) Holders of tickets upon which any one of the ‘‘DOG (x) Holders of tickets upon which any one of the ‘‘DOG BONE NUMBERS’’ or the ‘‘FISH NUMBERS’’ play sym- BONE NUMBERS’’ play symbols is a Twist symbol bols matches either of the ‘‘WINNING NUMBERS’’ play (TWIST), or any one of the ‘‘FISH NUMBERS’’ play symbols and a prize symbol of $20.00 (TWENTY) appears symbols is a Mouse symbol (MOUSE), and a prize symbol under the matching ‘‘DOG BONE NUMBERS’’ or the of $2.00 (TWO DOL) appears under the Twist symbol ‘‘FISH NUMBERS’’ play symbol, on a single ticket, shall (TWIST) or Mouse symbol (MOUSE), on a single ticket, be entitled to a prize of $20. shall be entitled to a prize of $4.

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(y) Holders of tickets upon which any one of the ‘‘DOG symbols is a Mouse symbol (MOUSE), and a prize symbol BONE NUMBERS’’ or the ‘‘FISH NUMBERS’’ play sym- of $1.00 (ONE DOL) appears under the Twist symbol bols matches either of the ‘‘WINNING NUMBERS’’ play (TWIST) or Mouse symbol (MOUSE), on a single ticket, symbols and a prize symbol of $2.00 (TWO DOL) appears shall be entitled to a prize of $2. under the matching ‘‘DOG BONE NUMBERS’’ or the ‘‘FISH NUMBERS’’ play symbol, on a single ticket, shall (bb) Holders of tickets upon which any one of the ‘‘DOG be entitled to a prize of $2. BONE NUMBERS’’ or the ‘‘FISH NUMBERS’’ play symbols matches either of the ‘‘WINNING NUMBERS’’ play (z) Holders of tickets upon which any one of the ‘‘DOG .00 BONE NUMBERS’’ or the ‘‘FISH NUMBERS’’ play sym- symbols and a prize symbol of $1 (ONE DOL) appears bols is a Paw Print symbol (PAW PRINT), and a prize under the matching ‘‘DOG BONE NUMBERS’’ or the symbol of $2.00 (TWO DOL) appears under the Paw Print ‘‘FISH NUMBERS’’ play symbol, on a single ticket, shall symbol (PAW PRINT), on a single ticket, shall be entitled be entitled to a prize of $1. to a prize of $2. 8. Number and Description of Prizes and Approximate (aa) Holders of tickets upon which any one of the ‘‘DOG Odds: The following table sets forth the approximate BONE NUMBERS’’ play symbols is a Twist symbol number of winners, amounts of prizes and approximate (TWIST), or any one of the ‘‘FISH NUMBERS’’ play odds of winning:

When Any Of The Dog Bone/Fish Numbers Approximate No. Match Either Winning Number, Win With Approximate Of Winners Per Prize(s) Of: Win: Odds Are 1 In: 6,000,000 Tickets $1 × 2 $2 50 120,000 $2 w/PAW PRINT $2 75 80,000 $1 w/TWIST OR MOUSE $2 30 200,000 $2 $2 30 200,000 $1 × 4 $4 150 40,000 $2 × 2 $4 75 80,000 $4 w/PAW PRINT $4 150 40,000 $2 w/TWIST OR MOUSE $4 75 80,000 $4 $4 75 80,000 $1 × 5 $5 150 40,000 $5 w/PAW PRINT $5 150 40,000 ($2 w/TWIST OR MOUSE) + $1 $5 75 80,000 $5 $5 150 40,000 $2 × 5 $10 375 16,000 $5 × 2 $10 375 16,000 $10 w/PAW PRINT $10 375 16,000 ($2 w/TWIST OR MOUSE) + ($2 × 3) $10 375 16,000 ($4 w/TWIST OR MOUSE) + $2 $10 300 20,000 $10 $10 375 16,000 $2 × 10 $20 750 8,000 $4 × 5 $20 1,500 4,000 $5 × 4 $20 750 8,000 $10 × 2 $20 750 8,000 $20 w/PAW PRINT $20 1,500 4,000 $10 w/TWIST OR MOUSE $20 750 8,000 $20 $20 750 8,000 $4 × 10 $40 3,243 1,850 $5 × 8 $40 3,333 1,800 $10 × 4 $40 3,333 1,800 $20 × 2 $40 3,333 1,800 $40 w/PAW PRINT $40 3,333 1,800 $20 w/TWIST OR MOUSE $40 3,158 1,900 $40 $40 3,333 1,800 $5 × 10 $50 4,000 1,500 $10 × 5 $50 4,000 1,500 $50 w/PAW PRINT $50 4,000 1,500 ($10 w/TWIST OR MOUSE) + ($10 × 3) $50 4,000 1,500 ($20 w/TWIST OR MOUSE) + ($5 × 2) $50 4,000 1,500 $50 $50 4,000 1,500 $10 × 10 $100 6,000 1,000 $20 × 5 $100 6,000 1,000 $50 × 2 $100 6,000 1,000 $100 w/PAW PRINT $100 6,000 1,000 $50 w/TWIST OR MOUSE $100 6,000 1,000 $100 $100 6,000 1,000 $40 × 10 $400 60,000 100 $100 × 4 $400 60,000 100

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When Any Of The Dog Bone/Fish Numbers Approximate No. Match Either Winning Number, Win With Approximate Of Winners Per Prize(s) Of: Win: Odds Are 1 In: 6,000,000 Tickets ($100 w/TWIST OR MOUSE) + ($100 × 2) $400 60,000 100 $400 $400 60,000 100 $50 × 10 $500 120,000 50 $100 × 5 $500 120,000 50 ($100 w/TWIST OR MOUSE) + ($100 × 3) $500 120,000 50 $500 $500 120,000 50 $100 × 10 $1,000 120,000 50 $1,000 $1,000 120,000 50 $20,000 $20,000 600,000 10 Paw Print (PAW PRINT) = Win prize shown under that symbol. Twist (TWIST) or Mouse (MOUSE) symbol = Win double the prize shown under it.

Prizes, including top prizes, are subject to availability at ruary 4, 2009, 10 a.m.—2 p.m., Technical Advisory Group the time of purchase. and Thursday, February 19, 2009, 9 a.m., Executive 9. Retailer Incentive Awards: The Lottery may conduct Committee and 10 a.m. Council meeting. The scheduled a separate Retailer Incentive Game for retailers who sell meetings will be held in the conference room at the Pennsylvania Lucky Dog doubler ’09/Fat Cat doubler ’09 Council Office, 225 Market Street, Suite 400, Harrisburg, instant lottery game tickets. The conduct of the game will PA 17101. The public is invited to attend. Persons in need be governed by 61 Pa. Code § 819.222 (relating to retailer of accommodations due to a disability and want to attend bonuses and incentive). the meetings should contact Cherie Elias, Health Care Cost Containment Council, 225 Market Street, Harris- 10. Unclaimed Prize Money: For a period of 1 year from burg, PA 17101 or call (717) 232-6787 at least 24 hours in the announced close of Pennsylvania Lucky Dog doubler advance so that arrangements can be made. ’09/Fat Cat doubler ’09, prize money from winning Penn- sylvania Lucky Dog doubler ’09/Fat Cat doubler ’09 DAVID H. WILDERMAN, instant lottery game tickets will be retained by the Acting Executive Director Secretary for payment to the persons entitled thereto. If [Pa.B. Doc. No. 09-169. Filed for public inspection January 30, 2009, 9:00 a.m.] no claim is made within 1 year of the announced close of the Pennsylvania Lucky Dog doubler ’09/Fat Cat doubler ’09 instant lottery game, the right of a ticket holder to claim the prize represented by the ticket, if any, will expire and the prize money will be paid into the State Lottery Fund and used for purposes provided for by INSURANCE DEPARTMENT statute. 11. Governing Law: In purchasing a ticket, the cus- David W. Andrews, M. D.; Prehearing tomer agrees to comply with and abide by the State Lottery Law (72 P. S. §§ 3761-101—3761-314), 61 Appeal of David W. Andrews, M. D. under the Pa. Code Part V (relating to State Lotteries) and the Medical Care Availability and Reduction of Error provisions contained in this notice. (MCARE) Act (40 P. S. §§ 1303.101—1303.910); Doc. No. MM09-01-004 12. Termination of the Game: The Secretary may announce a termination date, after which no further tickets On or before February 18, 2009, the appellant shall file from this game may be sold. The announcement will be a concise statement setting forth the factual and/or legal disseminated through media used to advertise or promote basis for the disagreement with MCARE’s November 14, Pennsylvania Lucky Dog doubler ’09/Fat Cat doubler ’09 2008, determination. The statement may be in narrative or through normal communications methods. form or in numbered paragraphs, but in either event STEPHEN H. STETLER, shall not exceed two pages. A prehearing telephone Acting Secretary conference initiated by this office is scheduled for March [Pa.B. Doc. No. 09-168. Filed for public inspection January 30, 2009, 9:00 a.m.] 18, 2009, at 1:30 p.m. Each party shall provide a telephone number to be used for the telephone conference to the Hearings Administrator on or before March 16, 2009. A hearing date shall be determined, if necessary, at the prehearing telephone conference. HEALTH CARE COST Motions preliminary to those at hearing, protests, petitions to intervene or notices of intervention, if any, CONTAINMENT COUNCIL must be filed on or before March 4, 2009, with the Hearings Administrator, Administrative Hearings Office, Meetings Scheduled Capitol Associates Building, Room 200, 901 North Sev- enth Street, Harrisburg, PA 17102. Answer to petitions to The following meetings of the Health Care Cost Con- intervene, if any shall be filed on or before March 16, tainment Council have been scheduled: Wednesday, Feb- 2009.

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Persons with a disability who wish to attend the On or before March 2, 2009, each party shall file with previously-referenced administrative hearing and require the Administrative Hearings Office a prehearing state- an auxiliary aid, service or other accommodation to ment which shall contain: (1) a comprehensive statement participate in the hearing, contact Donna R. Fleischauer, of undisputed facts to be stipulated between the parties; Human Resources Director, at (717) 705-3873. (2) a statement of additional contended facts; (3) names JOEL SCOTT ARIO, and address of witnesses along with the specialties of Insurance Commissioner experts to be called; (4) a list of documents to be used at [Pa.B. Doc. No. 09-170. Filed for public inspection January 30, 2009, 9:00 a.m.] the hearing; (5) special evidentiary or other legal issues; and (6) the estimated time for the party’s case. Contempo- raneously with service of the prehearing statement on the opposing party, each party shall supply the other with a copy of any report generated by an expert witness designated on the prehearing statement. Any report Application and Request for a Certificate of Au- subsequently received from a party’s expert witness prior thority to Provide a Continuing Care Retirement to hearing shall be supplied to the other party within 2 Community by Nugent Convalescent Home, Inc. business days. Copies of expert reports need not be filed with the Administrative Hearings Office. Experts will be Nugent Convalescent Home, Inc. has applied for a permitted to testify only on matters substantially contem- Certificate of Authority to operate a Continuing Care plated by reports supplied to the other party in accord- Retirement Community at Nugent Convalescent Home, ance with this paragraph. Inc. in Hermitage, PA. The initial filing was received on January 6, 2009, and was made under the requirements Persons with a disability who wish to attend the set forth under the Continuing Care Provider Registra- previously-referenced administrative hearing and require tion and Disclosure Act (40 P. S. §§ 3201—3225). Persons an auxiliary aid, service or other accommodation to wishing to comment on the grounds of public or private participate in the hearing, contact Donna R. Fleischauer, interest to the issuance of a Certificate of Authority are Human Resources Director, at (717) 705-3873. invited to submit a written statement to the Insurance JOEL SCOTT ARIO, Department (Department) within 30 days from the date Insurance Commissioner of this issue of the Pennsylvania Bulletin. Each written [Pa.B. Doc. No. 09-172. Filed for public inspection January 30, 2009, 9:00 a.m.] statement must include name, address and telephone number of the interested party, identification of the application to which the statement is addressed and a concise statement with sufficient detail to inform the Department of the exact basis of the statement. Written statements should be directed to Steven L. Yerger, Insur- Conseco Senior Health Insurance Company; 40% ance Department, 1345 Strawberry Square, Harrisburg, Rate Increase Filing for American Travelers ATL- PA 17120, fax (717) 787-8557, [email protected]. LTC-89; Rate Filing JOEL SCOTT ARIO, Insurance Commissioner Conseco Senior Health Insurance Company is request- [Pa.B. Doc. No. 09-171. Filed for public inspection January 30, 2009, 9:00 a.m.] ing approval to increase the premium 40% on a Long- Term Care policy form which was originally issued by American Travelers: ATL-LTC-89. A total of 1,838 Penn- sylvania policyholders will be affected by this rate adjustment. Bandit Truck Stop #2; Prehearing Unless formal administrative action is taken prior to April 16, 2009, the subject filing may be deemed approved Appeal of Bandit Truck Stop #2 under the Storage by operation of law. Tank and Spill Prevention Act; Underground A copy of the filing is available on the Insurance Storage Tank Indemnification Fund; USTIF File No. Department’s web site at www.ins.state.pa.us. Scroll 2008-0030(F); Doc. No. UT08-11-005 down the home page and click on ‘‘Consumer Information’’ The proceedings in this matter will be governed by 2 located on the left side. Next scroll down to ‘‘General Pa.C.S. §§ 501—508 and 701—704 (relating to the Ad- Information,’’ located in the middle of the page, and click ministrative Agency Law); 1 Pa. Code Part II (relating to on ‘‘Notices.’’ The pdf copy of this filing is located at the General Rules of Administrative Practice and Procedure); link ‘‘Filing.pdf’’ following the name of the filing. and any other relevant procedure provisions of law. Interested parties are invited to submit written com- A prehearing telephone conference shall be held on ments, suggestions or objections to James Laverty, Actu- March 10, 2009, at 9:30 a.m. A hearing shall occur on ary, Insurance Department, Insurance Product Regulation March 24, 2009, at 9:30 a.m., in the Administrative and Market Enforcement, Room 1311, Strawberry Square, Hearings Office, Room 200, Capitol Associates Building, Harrisburg, PA 17120, [email protected], within 30 901 North Seventh Street, Harrisburg, PA 17102. Motions days after publication of this notice in the Pennsylvania preliminary to those at hearing, protests, petitions to Bulletin. intervene, notices of appearance or notices of interven- JOEL SCOTT ARIO, tion, if any, must be filed with the Hearings Administra- Insurance Commissioner tor at the previously listed address on or before March 2, [Pa.B. Doc. No. 09-173. Filed for public inspection January 30, 2009, 9:00 a.m.] 2009. Answers to petitions to intervene, if any, shall be filed on or before March 16, 2009.

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Conseco Senior Health Insurance Company; 40% opposing party, each party shall supply the other with a Rate Increase Filing for Several Transport Life copy of any report generated by an expert witness LTC Forms; Rate Filing designated on the prehearing statement. Any report subsequently received from a party’s expert witness prior Conseco Senior Health Insurance Company is request- to hearing shall be supplied to the other party within 2 ing approval to increase the premium 40% on several business days. Copies of expert reports need not be filed Long-Term Care policy forms which were originally issued with the Administrative Hearings Office. Experts will be by Transport Life: 11001, 11006, 10955 and 10967. A total permitted to testify only on matters substantially contem- of 1,461 Pennsylvania policyholders will be affected by plated by reports supplied to the other party in accord- this rate adjustment. ance with this paragraph. Unless formal administrative action is taken prior to Persons with a disability who wish to attend the April 16, 2009, the subject filing may be deemed approved previously-referenced administrative hearing and require by operation of law. an auxiliary aid, service or other accommodation to participate in the hearing, contact Donna R. Fleischauer, A copy of the filing is available on the Insurance Human Resources Director, at (717) 705-3873. Department’s web site at www.ins.state.pa.us. Scroll JOEL SCOTT ARIO, down the home page and click on ‘‘Consumer Information’’ Insurance Commissioner located on the left side. Next scroll down to ‘‘General Information,’’ located in the middle of the page, and click [Pa.B. Doc. No. 09-175. Filed for public inspection January 30, 2009, 9:00 a.m.] on ‘‘Notices.’’ The pdf copy of this filing is located at the link ‘‘Filing.pdf’’ following the name of the filing. Interested parties are invited to submit written comments, suggestions or objections to James Laverty, Actu- ary, Insurance Department, Insurance Product Regulation JJM Realty LP; Prehearing and Market Enforcement, Room 1311, Strawberry Square, Harrisburg, PA 17120, [email protected], within 30 Appeal of JJM Realty LP under the Storage Tank days after publication of this notice in the Pennsylvania and Spill Prevention Act; Underground Storage Bulletin. Tank Indemnification Fund; USTIF File No. JOEL SCOTT ARIO, 2008-0057(S); Doc. No. UT09-01-005 Insurance Commissioner The proceedings in this matter will be governed by 2 [Pa.B. Doc. No. 09-174. Filed for public inspection January 30, 2009, 9:00 a.m.] Pa.C.S. §§ 501—508 and 701—704 (relating to the Ad- ministrative Agency Law); 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure); and any other relevant procedure provisions of law. A prehearing telephone conference shall be held on Giant Food Store 80; Prehearing March 19, 2009, at 1:30 p.m. Motions preliminary to those at hearing, protests, petitions to intervene, notices Appeal of Giant Food Store 80 under the Storage of appearance or notices of intervention, if any, must be Tank and Spill Prevention Act; Underground filed with the Hearings Administrator, at the Administra- Storage Tank Indemnification Fund; USTIF File No. tive Hearings Office, Room 200, Capitol Associates Build- 2008-0111(M); Doc. No. UT08-12-030 ing, 901 North Seventh Street, Harrisburg, PA 17102, on or before March 5, 2009. Answers to petitions to inter- The proceedings in this matter will be governed by 2 vene, if any, shall be filed on or before March 16, 2009. Pa.C.S. §§ 501—508 and 701—704 (relating to the Ad- ministrative Agency Law); 1 Pa. Code Part II (relating to A date for a hearing shall be determined, if necessary, General Rules of Administrative Practice and Procedure); at the prehearing/settlement telephone conference. and any other relevant procedure provisions of law. Persons with a disability who wish to attend the A prehearing telephone conference shall be held on previously-referenced administrative hearing and require March 17, 2009, at 9:30 a.m. A hearing shall occur on an auxiliary aid, service or other accommodation to March 31, 2009, at 9:30 a.m., in the Administrative participate in the hearing, contact Donna R. Fleischauer, Hearings Office, Room 200, Capitol Associates Building, Human Resources Director, at (717) 705-3873. 901 North Seventh Street, Harrisburg, PA 17102. Motions JOEL SCOTT ARIO, preliminary to those at hearing, protests, petitions to Insurance Commissioner intervene, notices of appearance or notices of interven- [Pa.B. Doc. No. 09-176. Filed for public inspection January 30, 2009, 9:00 a.m.] tion, if any, must be filed with the Hearings Administra- tor at the previously listed address on or before March 6, 2009. Answers to petitions to intervene, if any, shall be filed on before March 20, 2009. On or before March 6, 2009, each party shall file with Pat’s Pit Stop; Prehearing the Administrative Hearings Office a prehearing statement which shall contain: (1) a comprehensive statement Appeal of Pat’s Pit Stop under the Storage Tank of undisputed facts to be stipulated between the parties; and Spill Prevention Act; Underground Storage (2) a statement of additional contended facts; (3) names Tank Indemnification Fund; USTIF File No. and address of witnesses along with the specialties of 2008-0090(M); Doc. No. UT08-12-013 experts to be called; (4) a list of documents to be used at the hearing; (5) special evidentiary or other legal issues; The proceedings in this matter will be governed by 2 and (6) the estimated time for the party’s case. Contempo- Pa.C.S. §§ 501—508 and 701—704 (relating to the Ad- raneously with service of the prehearing statement on the ministrative Agency Law); 1 Pa. Code Part II (relating to

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General Rules of Administrative Practice and Procedure); Cordia Communications Corp. (Cordia), petitions for and any other relevant procedure provisions of law. designation as an Eligible Telecommunications Carrier (ETC) for low-income Federal universal service funding. A prehearing telephone conference shall be held on The petition seeks approval for a service area which March 18, 2009, at 10 a.m. Motions preliminary to those at hearing, protests, petitions to intervene, notices of extends to nonrural wire centers in service areas of appearance or notices of intervention, if any, must be filed Verizon Pennsylvania, Inc., as set forth in approved with the Hearings Administrator, at the Administrative tariffs. The Pennsylvania Public Utility Commission Hearings Office, Room 200, Capitol Associates Building, (Commission) invites any interested party to comment on 901 North Seventh Street, Harrisburg, PA 17102, on or this petition. Interested parties must submit comments before March 9, 2009. Answers to petitions to intervene, if on the Cordia petition within 7 days of publication in the any, shall be filed on or before March 23, 2009. Pennsylvania Bulletin. Reply comments must be submitted within 14 days of publication in the Pennsylvania A date for a hearing shall be determined, if necessary, Bulletin. at the prehearing/settlement telephone conference. Copies of the petition may be obtained from the Persons with a disability who wish to attend the Commission, Office of the Secretary, upon request. The previously-referenced administrative hearing and require contact person at the Commission is Elizabeth A. Lion an auxiliary aid, service or other accommodation to Januzzi, Assistant Counsel, Law Bureau, (717) 772-0696. participate in the hearing, contact Donna R. Fleischauer, JAMES J. MCNULTY, Human Resources Director, at (717) 705-3873. Secretary JOEL SCOTT ARIO, [Pa.B. Doc. No. 09-179. Filed for public inspection January 30, 2009, 9:00 a.m.] Insurance Commissioner [Pa.B. Doc. No. 09-177. Filed for public inspection January 30, 2009, 9:00 a.m.]

Service of Notice of Motor Carrier Applications LIQUOR CONTROL BOARD The following temporary authority and/or permanent authority applications for the right to render service as a Expiration of Leases common carrier or contract carrier in this Commonwealth have been filed with the Pennsylvania Public Utility The Liquor Control Board seeks the following new site: Commission. Formal protests and petitions to intervene Clinton County, Wine & Spirits Store #1802, (Relocation), must be filed in accordance with 52 Pa. Code (relating to Renovo, PA public utilities). A protest shall indicate whether it ap- plies to the temporary authority application, the perma- Lease Expiration Date: Entered into 90-Day Status since nent authority application, or both. Filings must be made April 1, 2007 with the Secretary, Pennsylvania Public Utility Commis- Lease retail commercial space to the Commonwealth. sion, P. O. Box 3265, Harrisburg, PA 17105-3265, with a Proposals are invited to provide the Liquor Control Board copy served on the applicant by February 17, 2009. with approximately 1,200 to 1,500 plus net useable Documents filed in support of the applications are avail- square feet of new or existing retail commercial space in able for inspection and copying at the Office of the the Borough of Renovo or adjacent municipality, Renovo, Secretary between 8 a.m. and 4:30 p.m., Monday through PA, Clinton County. Friday, and at the business address of the respective applicant. Proposals due: March 6, 2009, at 12:00 p.m. Department: Liquor Control Board Location: Real Estate Division, Brandywine Pennsylvania Public Utility Commission, Bureau of Plaza, 2223 Paxton Church Road, Har- Transportation and Safety v. Rightprice Cab, Inc.; risburg, PA 17110-9661 Doc. No. C-2008-2067097 Contact: Ronald Hancher, (717) 657-4228 COMPLAINT PATRICK J. STAPLETON, III, Chairperson The Pennsylvania Public Utility Commission (Commis- [Pa.B. Doc. No. 09-178. Filed for public inspection January 30, 2009, 9:00 a.m.] sion) is a duly constituted agency of the Commonwealth of Pennsylvania empowered to regulate public utilities within the Commonwealth. The Commission has delegated its authority to initiate proceedings which are prosecutory in nature to the Bureau of Transportation and Safety and other bureaus with enforcement responsi- PENNSYLVANIA PUBLIC bilities. Pursuant to that delegated authority and Section 701 of the Public Utility Code, the Bureau of Transporta- tion and Safety Prosecutory Staff hereby represents as UTILITY COMMISSION follows: Petition of Cordia Communications Corp. 1. That Rightprice Cab, Inc., maintains its principal place of business at 4748 Pine Street, Apt. 306, Philadel- P-2008-2014444. Cordia Communications Corp. Pe- phia, PA 19143-1825. tition of Cordia Communications Corp. for designation as an eligible telecommunications carrier under section 2. That respondent was issued a certificate of public 214(e) of the Telecommunications Act of 1996 and CFR convenience by this Commission on June 20, 2003, at 54.101—54.207. Application Docket No. A-00119694.

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3. That respondent reported zero PA PUC intrastate E. Alternative formats of this material are available, revenue for calendar year 2007 on its Assessment Report for persons with disabilities, by contacting the Compli- signed by Akeen A. Olaiya, president of the corporation. ance Office at (717) 787-1168. Therefore, respondent abandoned or discontinued service without having first filed an application to this Commis- sion for abandonment or discontinuance of service. Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Sarkar, Inc.; 4. That respondent, by failing to file an application Doc. No. C-2008-2067096 with this Commission prior to abandoning or discontinuing service, violated 52 Pa. Code § 3.381(a)(1)(v) and 66 COMPLAINT Pa.C.S. § 1102(a)(2) and, by failing to maintain adequate, The Pennsylvania Public Utility Commission (Commis- efficient and safe service and facilities, violated 66 sion) is a duly constituted agency of the Commonwealth Pa.C.S. § 1501. of Pennsylvania empowered to regulate public utilities Wherefore, the Bureau of Transportation and Safety within the Commonwealth. The Commission has del- Prosecutory Staff hereby requests that the Commission egated its authority to initiate proceedings which are revoke respondent’s Certificate of Public Convenience at prosecutory in nature to the Bureau of Transportation A-00119694. and Safety and other bureaus with enforcement responsi- bilities. Pursuant to that delegated authority and Section Respectfully submitted, 701 of the Public Utility Code, the Bureau of Transporta- tion and Safety Prosecutory Staff hereby represents as Wendy J. Keezel, Chief of Enforcement follows: Motor Carrier Services & Enforcement Division Bureau of Transportation and Safety 1. That Sarkar, Inc., maintains its principal place of P. O. Box 3265 business at 311 Sellers Avenue, Upper Darby, PA 19082. Harrisburg, PA 17105-3265 2. That respondent was issued a certificate of public VERIFICATION convenience by this Commission on August 29, 2003, at Application Docket No. A-00119940. I, Wendy J. Keezel, hereby state that the facts above set forth are true and correct to the best of my knowl- 3. That respondent reported zero PA PUC intrastate edge, information and belief and that I expect to be able revenue for calendar year 2007 on its Assessment Report to prove the same at any hearing held in this matter. I signed by Muhammad A. Almed, president of the corpora- understand that the statements herein are made subject tion. Therefore, respondent abandoned or discontinued to the penalties of 18 Pa.C.S. § 4904 relating to unsworn service without having first filed an application to this falsification to authorities. Commission for abandonment or discontinuance of service. Date: 4. That respondent, by failing to file an application Wendy J. Keezel, Chief of Enforcement with this Commission prior to abandoning or discontinu- Motor Carrier Services and Enforcement ing service, violated 52 Pa. Code § 3.381(a)(1)(v) and 66 Bureau of Transportation and Safety Pa.C.S. § 1102(a)(2) and, by failing to maintain adequate, NOTICE efficient and safe service and facilities, violated 66 Pa.C.S. § 1501. A. You must file an answer within twenty days of the date of service of this Complaint. The date of service is Wherefore, the Bureau of Transportation and Safety the mailing date, as indicated at the top of the Secretarial Prosecutory Staff hereby requests that the Commission Cover Letter for this Complaint and Notice, 52 Pa. Code revoke respondent’s Certificate of Public Convenience at § 1.56(a). An answer is a written explanation of circum- A-00119940. stances wished to be considered in determining the Respectfully submitted, outcome. The answer shall raise all factual and legal arguments that you wish to claim in your defense and Wendy J. Keezel, Chief of Enforcement must include the reference number of this Complaint. Motor Carrier Services & Enforcement Division Your answer must be verified and the original and three Bureau of Transportation and Safety copies sent to: P. O. Box 3265 James J. McNulty, Secretary Harrisburg, PA 17105-3265 Pennsylvania Public Utility Commission VERIFICATION P. O. Box 3265 Harrisburg, PA 17105-3265 I, Wendy J. Keezel, hereby state that the facts above set forth are true and correct to the best of my knowl- B. If you fail to answer this Complaint within twenty edge, information and belief and that I expect to be able days, the Bureau of Transportation and Safety will to prove the same at any hearing held in this matter. I request that the Commission issue an Order imposing a understand that the statements herein are made subject penalty, which will include the revocation of your Certifi- to the penalties of 18 Pa.C.S. § 4904 relating to unsworn cate of Public Convenience. falsification to authorities. C. If you file an answer which admits or fails to deny Date: the allegations of the Complaint, the Bureau of Transpor- tation and Safety will request that the Commission issue Wendy J. Keezel, Chief of Enforcement an Order imposing a penalty, which may include the Motor Carrier Services and Enforcement revocation of your Certificate of Public Convenience. Bureau of Transportation and Safety NOTICE D. If you file an answer which contests the Complaint, the matter will be assigned to an Administrative Law A. You must file an answer within twenty days of the Judge for hearing and decision. date of service of this Complaint. The date of service is

PENNSYLVANIA BULLETIN, VOL. 39, NO. 5, JANUARY 31, 2009 652 NOTICES the mailing date, as indicated at the top of the Secretarial Wherefore, the Bureau of Transportation and Safety Cover Letter for this Complaint and Notice, 52 Pa. Code Prosecutory Staff hereby requests that the Commission § 1.56(a). An answer is a written explanation of circum- revoke respondent’s Certificate of Public Convenience at stances wished to be considered in determining the A-00119558. outcome. The answer shall raise all factual and legal Respectfully submitted, arguments that you wish to claim in your defense and must include the reference number of this Complaint. Wendy J. Keezel, Chief of Enforcement Your answer must be verified and the original and three Motor Carrier Services & Enforcement Division copies sent to: Bureau of Transportation and Safety James J. McNulty, Secretary P. O. Box 3265 Pennsylvania Public Utility Commission Harrisburg, PA 17105-3265 P. O. Box 3265 VERIFICATION Harrisburg, PA 17105-3265 I, Wendy J. Keezel, hereby state that the facts above B. If you fail to answer this Complaint within twenty set forth are true and correct to the best of my knowl- days, the Bureau of Transportation and Safety will edge, information and belief and that I expect to be able request that the Commission issue an Order imposing a to prove the same at any hearing held in this matter. I penalty, which will include the revocation of your Certifi- understand that the statements herein are made subject cate of Public Convenience. to the penalties of 18 Pa.C.S. § 4904 relating to unsworn C. If you file an answer which admits or fails to deny falsification to authorities. the allegations of the Complaint, the Bureau of Transpor- Date: tation and Safety will request that the Commission issue Wendy J. Keezel, Chief of Enforcement an Order imposing a penalty, which may include the Motor Carrier Services and Enforcement revocation of your Certificate of Public Convenience. Bureau of Transportation and Safety D. If you file an answer which contests the Complaint, NOTICE the matter will be assigned to an Administrative Law Judge for hearing and decision. A. You must file an answer within twenty days of the date of service of this Complaint. The date of service is E. Alternative formats of this material are available, the mailing date, as indicated at the top of the Secretarial for persons with disabilities, by contacting the Compli- Cover Letter for this Complaint and Notice, 52 Pa. Code ance Office at (717) 787-1168. § 1.56(a). An answer is a written explanation of circumstances wished to be considered in determining the outcome. The answer shall raise all factual and legal Pennsylvania Public Utility Commission, Bureau of arguments that you wish to claim in your defense and Transportation and Safety v. Virk Trans, Inc.; must include the reference number of this Complaint. Doc. No. C-2008-2067437 Your answer must be verified and the original and three COMPLAINT copies sent to: James J. McNulty, Secretary The Pennsylvania Public Utility Commission (Commis- Pennsylvania Public Utility Commission sion) is a duly constituted agency of the Commonwealth P. O. Box 3265 of Pennsylvania empowered to regulate public utilities Harrisburg, PA 17105-3265 within the Commonwealth. The Commission has delegated its authority to initiate proceedings which are B. If you fail to answer this Complaint within twenty prosecutory in nature to the Bureau of Transportation days, the Bureau of Transportation and Safety will and Safety and other bureaus with enforcement responsi- request that the Commission issue an Order imposing a bilities. Pursuant to that delegated authority and Section penalty, which will include the revocation of your Certifi- 701 of the Public Utility Code, the Bureau of Transporta- cate of Public Convenience. tion and Safety Prosecutory Staff hereby represents as C. If you file an answer which admits or fails to deny follows: the allegations of the Complaint, the Bureau of Transpor- 1. That Virk Trans, Inc., maintains its principal place tation and Safety will request that the Commission issue of business at 709 Dora Moors Lane, New Castle, DE an Order imposing a penalty, which may include the 19720-8763. revocation of your Certificate of Public Convenience. 2. That respondent was issued a certificate of public D. If you file an answer which contests the Complaint, convenience by this Commission on March 17, 2003, at the matter will be assigned to an Administrative Law Application Docket No. A-00119558. Judge for hearing and decision. 3. That respondent reported zero PA PUC intrastate E. Alternative formats of this material are available, revenue for calendar year 2007 on its Assessment Report for persons with disabilities, by contacting the Compli- signed by Palwinder S. Virk, president of the corporation. ance Office at (717) 787-1168. Therefore, respondent abandoned or discontinued service without having first filed an application to this Commis- Pennsylvania Public Utility Commission, Bureau of sion for abandonment or discontinuance of service. Transportation and Safety v. Ek Onkar Cab Co.; 4. That respondent, by failing to file an application Doc. No. C-2008-2067441 with this Commission prior to abandoning or discontinu- COMPLAINT ing service, violated 52 Pa. Code § 3.381(a)(1)(v) and 66 Pa.C.S. § 1102(a)(2) and, by failing to maintain adequate, The Pennsylvania Public Utility Commission (Commis- efficient and safe service and facilities, violated 66 sion) is a duly constituted agency of the Commonwealth Pa.C.S. § 1501. of Pennsylvania empowered to regulate public utilities

PENNSYLVANIA BULLETIN, VOL. 39, NO. 5, JANUARY 31, 2009 NOTICES 653 within the Commonwealth. The Commission has del- B. If you fail to answer this Complaint within twenty egated its authority to initiate proceedings which are days, the Bureau of Transportation and Safety will prosecutory in nature to the Bureau of Transportation request that the Commission issue an Order imposing a and Safety and other bureaus with enforcement responsi- penalty, which will include the revocation of your Certifi- bilities. Pursuant to that delegated authority and Section cate of Public Convenience. 701 of the Public Utility Code, the Bureau of Transporta- C. If you file an answer which admits or fails to deny tion and Safety Prosecutory Staff hereby represents as the allegations of the Complaint, the Bureau of Transpor- follows: tation and Safety will request that the Commission issue 1. That Ek Oknar Cab Co., maintains its principal an Order imposing a penalty, which may include the place of business at 45 Marlborough Road, Upper Darby, revocation of your Certificate of Public Convenience. PA 19082-2430. D. If you file an answer which contests the Complaint, 2. That respondent was issued a certificate of public the matter will be assigned to an Administrative Law convenience by this Commission on December 9, 2002, at Judge for hearing and decision. Application Docket No. A-00119292. E. Alternative formats of this material are available, 3. That respondent reported zero PA PUC intrastate for persons with disabilities, by contacting the Compli- revenue for calendar year 2007 on its Assessment Report ance Office at (717) 787-1168. signed by Hardial Singh, president of the company. Therefore, respondent abandoned or discontinued service without having first filed an application to this Commis- Pennsylvania Public Utility Commission, Bureau of sion for abandonment or discontinuance of service. Transportation and Safety v. T. S. Malhi Cab Co.; Doc. No. C-2008-2067651 4. That respondent, by failing to file an application with this Commission prior to abandoning or discontinu- COMPLAINT ing service, violated 52 Pa. Code § 3.381(a)(1)(v) and 66 The Pennsylvania Public Utility Commission (Commis- Pa.C.S. § 1102(a)(2) and, by failing to maintain adequate, sion) is a duly constituted agency of the Commonwealth efficient and safe service and facilities, violated 66 of Pennsylvania empowered to regulate public utilities Pa.C.S. § 1501. within the Commonwealth. The Commission has del- Wherefore, the Bureau of Transportation and Safety egated its authority to initiate proceedings which are Prosecutory Staff hereby requests that the Commission prosecutory in nature to the Bureau of Transportation revoke respondent’s Certificate of Public Convenience at and Safety and other bureaus with enforcement responsi- A-00119292. bilities. Pursuant to that delegated authority and Section 701 of the Public Utility Code, the Bureau of Transporta- Respectfully submitted, tion and Safety Prosecutory Staff hereby represents as follows: Wendy J. Keezel, Chief of Enforcement Motor Carrier Services & Enforcement Division 1. That T. S. Malhi Cab Co., maintains its principal Bureau of Transportation and Safety place of business at 41 South Fairview Avenue, Upper P. O. Box 3265 Darby, PA 19082-1915. Harrisburg, PA 17105-3265 2. That respondent was issued a certificate of public VERIFICATION convenience by this Commission on November 25, 2002, at Application Docket No. A-00119272. I, Wendy J. Keezel, hereby state that the facts above set forth are true and correct to the best of my knowl- 3. That respondent reported zero PA PUC intrastate edge, information and belief and that I expect to be able revenue for calendar year 2007 on its Assessment Report to prove the same at any hearing held in this matter. I signed by Tarsem Singh, president of the corporation. understand that the statements herein are made subject Therefore, respondent abandoned or discontinued service to the penalties of 18 Pa.C.S. § 4904 relating to unsworn without having first filed an application to this Commis- falsification to authorities. sion for abandonment or discontinuance of service. Date: 4. That respondent, by failing to file an application with this Commission prior to abandoning or discontinu- Wendy J. Keezel, Chief of Enforcement ing service, violated 52 Pa. Code § 3.381(a)(1)(v) and 66 Motor Carrier Services and Enforcement Pa.C.S. § 1102(a)(2) and, by failing to maintain adequate, Bureau of Transportation and Safety efficient and safe service and facilities, violated 66 NOTICE Pa.C.S. § 1501. A. You must file an answer within twenty days of the Wherefore, the Bureau of Transportation and Safety date of service of this Complaint. The date of service is Prosecutory Staff hereby requests that the Commission the mailing date, as indicated at the top of the Secretarial revoke respondent’s Certificate of Public Convenience at Cover Letter for this Complaint and Notice, 52 Pa. Code A-00119272. § 1.56(a). An answer is a written explanation of circum- Respectfully submitted, stances wished to be considered in determining the outcome. The answer shall raise all factual and legal Wendy J. Keezel, Chief of Enforcement arguments that you wish to claim in your defense and Motor Carrier Services & Enforcement Division must include the reference number of this Complaint. Bureau of Transportation and Safety Your answer must be verified and the original and three P. O. Box 3265 copies sent to: Harrisburg, PA 17105-3265 James J. McNulty, Secretary VERIFICATION Pennsylvania Public Utility Commission P. O. Box 3265 I, Wendy J. Keezel, hereby state that the facts above Harrisburg, PA 17105-3265 set forth are true and correct to the best of my knowl-

PENNSYLVANIA BULLETIN, VOL. 39, NO. 5, JANUARY 31, 2009 654 NOTICES edge, information and belief and that I expect to be able 3. That respondent reported zero PA PUC intrastate to prove the same at any hearing held in this matter. I revenue for calendar year 2007 on its Assessment Report understand that the statements herein are made subject signed by Jaswinder Singh, an officer of the corporation. to the penalties of 18 Pa.C.S. § 4904 relating to unsworn Therefore, respondent abandoned or discontinued service falsification to authorities. without having first filed an application to this Commis- Date: sion for abandonment or discontinuance of service. Wendy J. Keezel, Chief of Enforcement 4. That respondent, by failing to file an application Motor Carrier Services and Enforcement with this Commission prior to abandoning or discontinu- Bureau of Transportation and Safety ing service, violated 52 Pa. Code § 3.381(a)(1)(v) and 66 Pa.C.S. § 1102(a)(2) and, by failing to maintain adequate, NOTICE efficient and safe service and facilities, violated 66 A. You must file an answer within twenty days of the Pa.C.S. § 1501. date of service of this Complaint. The date of service is Wherefore, the Bureau of Transportation and Safety the mailing date, as indicated at the top of the Secretarial Prosecutory Staff hereby requests that the Commission Cover Letter for this Complaint and Notice, 52 Pa. Code revoke respondent’s Certificate of Public Convenience at § 1.56(a). An answer is a written explanation of circum- A-00119022. stances wished to be considered in determining the outcome. The answer shall raise all factual and legal Respectfully submitted, arguments that you wish to claim in your defense and must include the reference number of this Complaint. Wendy J. Keezel, Chief of Enforcement Your answer must be verified and the original and three Motor Carrier Services & Enforcement Division copies sent to: Bureau of Transportation and Safety P. O. Box 3265 James J. McNulty, Secretary Harrisburg, PA 17105-3265 Pennsylvania Public Utility Commission P. O. Box 3265 VERIFICATION Harrisburg, PA 17105-3265 I, Wendy J. Keezel, hereby state that the facts above set forth are true and correct to the best of my knowl- B. If you fail to answer this Complaint within twenty edge, information and belief and that I expect to be able days, the Bureau of Transportation and Safety will to prove the same at any hearing held in this matter. I request that the Commission issue an Order imposing a understand that the statements herein are made subject penalty, which will include the revocation of your Certifi- to the penalties of 18 Pa.C.S. § 4904 relating to unsworn cate of Public Convenience. falsification to authorities. C. If you file an answer which admits or fails to deny Date: the allegations of the Complaint, the Bureau of Transpor- tation and Safety will request that the Commission issue Wendy J. Keezel, Chief of Enforcement an Order imposing a penalty, which may include the Motor Carrier Services and Enforcement revocation of your Certificate of Public Convenience. Bureau of Transportation and Safety D. If you file an answer which contests the Complaint, NOTICE the matter will be assigned to an Administrative Law Judge for hearing and decision. A. You must file an answer within twenty days of the date of service of this Complaint. The date of service is E. Alternative formats of this material are available, the mailing date, as indicated at the top of the Secretarial for persons with disabilities, by contacting the Compli- Cover Letter for this Complaint and Notice, 52 Pa. Code ance Office at (717) 787-1168. § 1.56(a). An answer is a written explanation of circumstances wished to be considered in determining the outcome. The answer shall raise all factual and legal Pennsylvania Public Utility Commission, Bureau of arguments that you wish to claim in your defense and Transportation and Safety v. Singh Mann, Inc.; must include the reference number of this Complaint. Doc. No. C-2008-2067652 Your answer must be verified and the original and three copies sent to: COMPLAINT James J. McNulty, Secretary The Pennsylvania Public Utility Commission (Commis- Pennsylvania Public Utility Commission sion) is a duly constituted agency of the Commonwealth P. O. Box 3265 of Pennsylvania empowered to regulate public utilities Harrisburg, PA 17105-3265 within the Commonwealth. The Commission has delegated its authority to initiate proceedings which are B. If you fail to answer this Complaint within twenty prosecutory in nature to the Bureau of Transportation days, the Bureau of Transportation and Safety will and Safety and other bureaus with enforcement responsi- request that the Commission issue an Order imposing a bilities. Pursuant to that delegated authority and Section penalty, which will include the revocation of your Certifi- 701 of the Public Utility Code, the Bureau of Transporta- cate of Public Convenience. tion and Safety Prosecutory Staff hereby represents as C. If you file an answer which admits or fails to deny follows: the allegations of the Complaint, the Bureau of Transpor- 1. That Singh Mann, Inc., maintains its principal place tation and Safety will request that the Commission issue of business at 112 Chatham Road, Upper Darby, PA an Order imposing a penalty, which may include the 19082-3202. revocation of your Certificate of Public Convenience. 2. That respondent was issued a certificate of public D. If you file an answer which contests the Complaint, convenience by this Commission on August 20, 2002, at the matter will be assigned to an Administrative Law Application Docket No. A-00119022. Judge for hearing and decision.

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E. Alternative formats of this material are available, the mailing date, as indicated at the top of the Secretarial for persons with disabilities, by contacting the Compli- Cover Letter for this Complaint and Notice, 52 Pa. Code ance Office at (717) 787-1168. § 1.56(a). An answer is a written explanation of circumstances wished to be considered in determining the outcome. The answer shall raise all factual and legal Pennsylvania Public Utility Commission, Bureau of arguments that you wish to claim in your defense and Transportation and Safety v. Armen Cab Company; must include the reference number of this Complaint. Doc. No. C-2008-2067653 Your answer must be verified and the original and three COMPLAINT copies sent to: The Pennsylvania Public Utility Commission (Commis- James J. McNulty, Secretary sion) is a duly constituted agency of the Commonwealth Pennsylvania Public Utility Commission of Pennsylvania empowered to regulate public utilities P. O. Box 3265 within the Commonwealth. The Commission has del- Harrisburg, PA 17105-3265 egated its authority to initiate proceedings which are B. If you fail to answer this Complaint within twenty prosecutory in nature to the Bureau of Transportation days, the Bureau of Transportation and Safety will and Safety and other bureaus with enforcement responsi- request that the Commission issue an Order imposing a bilities. Pursuant to that delegated authority and Section penalty, which will include the revocation of your Certifi- 701 of the Public Utility Code, the Bureau of Transporta- cate of Public Convenience. tion and Safety Prosecutory Staff hereby represents as follows: C. If you file an answer which admits or fails to deny the allegations of the Complaint, the Bureau of Transpor- 1. That Armen Cab Company, maintains its principal tation and Safety will request that the Commission issue place of business at 12524 Torrey Road, Philadelphia, PA an Order imposing a penalty, which may include the 19154-1919. revocation of your Certificate of Public Convenience. 2. That respondent was issued a certificate of public D. If you file an answer which contests the Complaint, convenience by this Commission on June 21, 2002, at the matter will be assigned to an Administrative Law Application Docket No. A-00118926. Judge for hearing and decision. 3. That respondent reported zero PA PUC intrastate revenue for calendar year 2007 on its Assessment Report E. Alternative formats of this material are available, signed by an officer of the corporation. Therefore, respon- for persons with disabilities, by contacting the Compli- dent abandoned or discontinued service without having ance Office at (717) 787-1168. first filed an application to this Commission for abandonment or discontinuance of service. Pennsylvania Public Utility Commission, Bureau of 4. That respondent, by failing to file an application Transportation and Safety v. Shawn Limo, Inc.; with this Commission prior to abandoning or discontinu- Doc. No. C-2008-2067658 ing service, violated 52 Pa. Code § 3.381(a)(1)(v) and 66 Pa.C.S. § 1102(a)(2) and, by failing to maintain adequate, COMPLAINT efficient and safe service and facilities, violated 66 The Pennsylvania Public Utility Commission (Commis- Pa.C.S. § 1501. sion) is a duly constituted agency of the Commonwealth Wherefore, the Bureau of Transportation and Safety of Pennsylvania empowered to regulate public utilities Prosecutory Staff hereby requests that the Commission within the Commonwealth. The Commission has del- revoke respondent’s Certificate of Public Convenience at egated its authority to initiate proceedings which are A-00118926. prosecutory in nature to the Bureau of Transportation Respectfully submitted, and Safety and other bureaus with enforcement responsi- bilities. Pursuant to that delegated authority and Section Wendy J. Keezel, Chief of Enforcement 701 of the Public Utility Code, the Bureau of Transporta- Motor Carrier Services & Enforcement Division tion and Safety Prosecutory Staff hereby represents as Bureau of Transportation and Safety follows: P. O. Box 3265 1. That Shawn Limo, Inc., maintains its principal place Harrisburg, PA 17105-3265 of business at 2053 South Garnet, Philadelphia, PA VERIFICATION 19145. I, Wendy J. Keezel, hereby state that the facts above 2. That respondent was issued a certificate of public set forth are true and correct to the best of my knowl- convenience by this Commission on May 15, 2002, at edge, information and belief and that I expect to be able Application Docket No. A-00118811. to prove the same at any hearing held in this matter. I 3. That respondent reported zero PA PUC intrastate understand that the statements herein are made subject revenue for calendar year 2007 on its Assessment Report to the penalties of 18 Pa.C.S. § 4904 relating to unsworn signed by the president of the corporation. Therefore, falsification to authorities. respondent abandoned or discontinued service without Date: having first filed an application to this Commission for abandonment or discontinuance of service. Wendy J. Keezel, Chief of Enforcement Motor Carrier Services and Enforcement 4. That respondent, by failing to file an application Bureau of Transportation and Safety with this Commission prior to abandoning or discontinu- NOTICE ing service, violated 52 Pa. Code § 3.381(a)(1)(v) and 66 Pa.C.S. § 1102(a)(2) and, by failing to maintain adequate, A. You must file an answer within twenty days of the efficient and safe service and facilities, violated 66 date of service of this Complaint. The date of service is Pa.C.S. § 1501.

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Wherefore, the Bureau of Transportation and Safety within the Commonwealth. The Commission has del- Prosecutory Staff hereby requests that the Commission egated its authority to initiate proceedings which are revoke respondent’s Certificate of Public Convenience at prosecutory in nature to the Bureau of Transportation A-00118811. and Safety and other Bureaus with enforcement responsi- Respectfully submitted, bilities. Pursuant to that delegated authority and Section 701 of the Public Utility Code, the Bureau of Transporta- Wendy J. Keezel, Chief of Enforcement tion and Safety Prosecutory Staff hereby represents as Motor Carrier Services & Enforcement Division follows: Bureau of Transportation and Safety 1. That A Philadelphia Airport Connect, respondent, P. O. Box 3265 maintain its principal place of business at 5 Carre Harrisburg, PA 17105-3265 Avenue, Essington, PA 19029. VERIFICATION 2. That respondent was issued a certificate of public convenience by this Commission on August 22, 2001, at I, Wendy J. Keezel, hereby state that the facts above Application Docket No. A-00117577. set forth are true and correct to the best of my knowledge, information and belief and that I expect to be able 3. That, on September 7, 2004, the Bureau of Transpor- to prove the same at any hearing held in this matter. I tation and Safety instituted a complaint at understand that the statements herein are made subject A-00117577C0401 against respondent alleging that re- to the penalties of 18 Pa.C.S. § 4904 relating to unsworn spondent violated 52 Pa. Code § 3.3811(a)(1)(v) for failing falsification to authorities. to file an application with this Commission prior to abandoning or discontinuing service. The complaint was Date: served on respondent on September 24, 2004. Wendy J. Keezel, Chief of Enforcement 4. That an answer was filed on October 18, 2004, which Motor Carrier Services and Enforcement denied the allegations in the complaint and requested the Bureau of Transportation and Safety Commission to dismiss the Complaint. Therefore, by NOTICE Opinion and Order entered October 25, 2007, the complaint was sustained and a Settlement Agreement was A. You must file an answer within twenty days of the approved. Respondent was ordered to pay a civil penalty date of service of this Complaint. The date of service is of five hundred dollars ($500). The Order was sent by the mailing date, as indicated at the top of the Secretarial Certified Mail and served on respondent on October 27, Cover Letter for this Complaint and Notice, 52 Pa. Code 2007. To date, no payment was made on the $500.00 fine. § 1.56(a). An answer is a written explanation of circumstances wished to be considered in determining the A certificate holder has an obligation to comply with outcome. The answer shall raise all factual and legal the Commission’s rules and regulations. A certificate of arguments that you wish to claim in your defense and public convenience is neither a contract nor a property; it must include the reference number of this Complaint. is a privilege. Where that privilege is violated, the Your answer must be verified and the original and three Commission may, for due cause, exercise its power to copies sent to: revoke a carrier’s privilege to operate. Paradise v. Penn- sylvania Public Utility Commission, 132 A.2d 754, 184 Pa. James J. McNulty, Secretary Superior Court 8 (1957). Pennsylvania Public Utility Commission P. O. Box 3265 Wherefore, the Bureau of Transportation and Safety Harrisburg, PA 17105-3265 Prosecutory Staff hereby requests that the Commission issue an Order which revokes the Certificate of Public B. If you fail to answer this Complaint within twenty Convenience held by respondent at Docket No. days, the Bureau of Transportation and Safety will A-00117577 and fines respondent the sum of two hundred request that the Commission issue an Order imposing a and fifty dollars ($250.00). penalty, which will include the revocation of your Certifi- cate of Public Convenience. Respectfully submitted, C. If you file an answer which admits or fails to deny Wendy J. Keezel, Chief of Enforcement the allegations of the Complaint, the Bureau of Transpor- Motor Carrier Services & Enforcement Division tation and Safety will request that the Commission issue Bureau of Transportation and Safety an Order imposing a penalty, which may include the P. O. Box 3265 revocation of your Certificate of Public Convenience. Harrisburg, PA 17105-3265 D. If you file an answer which contests the Complaint, VERIFICATION the matter will be assigned to an Administrative Law I, Wendy J. Keezel, hereby state that the facts above Judge for hearing and decision. set forth are true and correct to the best of my knowl- E. Alternative formats of this material are available, edge, information and belief and that I expect to be able for persons with disabilities, by contacting the Compli- to prove the same at any hearing held in this matter. I ance Office at (717) 787-1168. understand that the statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Pennsylvania Public Utility Commission, Bureau of Date: Transportation and Safety v. A Philadelphia Wendy J. Keezel, Chief of Enforcement Airport Connect; Doc. No. C-2008-2068284 Motor Carrier Services and Enforcement COMPLAINT Bureau of Transportation and Safety The Pennsylvania Public Utility Commission (Commis- NOTICE sion) is a duly constituted agency of the Commonwealth A. You must file an answer within twenty days of the of Pennsylvania empowered to regulate public utilities date of service of this complaint. The date of service is the

PENNSYLVANIA BULLETIN, VOL. 39, NO. 5, JANUARY 31, 2009 NOTICES 657 mailing date as indicated at the top of the Secretarial Respectfully submitted, cover letter for this complaint and notice, 52 Pa. Code § 1.56(a). The answer shall raise all factual and legal Wendy J. Keezel, Chief of Enforcement arguments that you wish to claim in your defense and Motor Carrier Services & Enforcement Division must include the reference number of this complaint. Bureau of Transportation and Safety Your answer must be verified and the original and three P. O. Box 3265 (3) copies sent to: Harrisburg, PA 17105-3265 James J. McNulty, Secretary VERIFICATION Pennsylvania Public Utility Commission I, Wendy J. Keezel, hereby state that the facts above P. O. Box 3265 set forth are true and correct to the best of my knowl- Harrisburg, PA 17105-3265 edge, information and belief and that I expect to be able B. If you fail to answer this Complaint within twenty to prove the same at any hearing held in this matter. I days, the Bureau of Transportation and Safety will understand that the statements herein are made subject request that the Commission issue an Order imposing a to the penalties of 18 Pa.C.S. § 4904 relating to unsworn penalty. The penalty could include the revocation of your falsification to authorities. certificate of public convenience or other remedy. Date: C. If you file an answer which either admits or fails to deny the allegations of the complaint, the Bureau of Wendy J. Keezel, Chief of Enforcement Transportation and Safety will request the Commission to Motor Carrier Services and Enforcement issue an Order imposing a penalty. Bureau of Transportation and Safety D. If you file an answer which contests the Complaint, NOTICE the matter will be assigned to an Administrative Law A. You must file an answer within twenty days of the Judge for hearing and decision. date of service of this Complaint. The date of service is E. Alternative formats of this material are available, the mailing date, as indicated at the top of the Secretarial for persons with disabilities, by contacting the Compli- Cover Letter for this Complaint and Notice, 52 Pa. Code ance Office at (717) 787-1227. § 1.56(a). An answer is a written explanation of circumstances wished to be considered in determining the outcome. The answer shall raise all factual and legal Pennsylvania Public Utility Commission, Bureau of arguments that you wish to claim in your defense and Transportation and Safety v. Allstate Transportation must include the reference number of this Complaint. Co., Inc.; Doc. No. C-2008-2066771 Your answer must be verified and the original and three COMPLAINT copies sent to: The Pennsylvania Public Utility Commission (Commis- James J. McNulty, Secretary sion) is a duly constituted agency of the Commonwealth Pennsylvania Public Utility Commission of Pennsylvania empowered to regulate public utilities P. O. Box 3265 within the Commonwealth. The Commission has del- Harrisburg, PA 17105-3265 egated its authority to initiate proceedings which are B. If you fail to answer this Complaint within twenty prosecutory in nature to the Bureau of Transportation days, the Bureau of Transportation and Safety will and Safety and other bureaus with enforcement responsi- request that the Commission issue an Order imposing a bilities. Pursuant to that delegated authority and Section penalty, which will include the revocation of your Certifi- 701 of the Public Utility Code, the Bureau of Transporta- cate of Public Convenience. tion and Safety Prosecutory Staff hereby represents as follows: C. If you file an answer which admits or fails to deny 1. That Allstate Transportation Co., Inc., maintains its the allegations of the Complaint, the Bureau of Transpor- principal place of business at 311 Gray’s Ferry Avenue, tation and Safety will request that the Commission issue Philadelphia, PA 19146. an Order imposing a penalty, which may include the revocation of your Certificate of Public Convenience. 2. That respondent was issued a certificate of public convenience by this Commission on August 9, 1990, at D. If you file an answer which contests the Complaint, Application Docket No. A-00109161, F.1 and on Septem- the matter will be assigned to an Administrative Law ber 10, 1992, at Application Docket No. A-00109161, F.2. Judge for hearing and decision. 3. That respondent has reported zero PA PUC regu- E. Alternative formats of this material are available, lated intrastate revenue for calendar year 2007 on its for persons with disabilities, by contacting the Compli- Assessment Report signed by Jerome Henderson, presi- ance Office at (717) 787-1168. dent of the corporation. Therefore, respondent abandoned or discontinued service without having first filed an application to this Commission for abandonment or dis- Pennsylvania Public Utility Commission, Bureau of continuance of service. Transportation and Safety v. Jason Koss and Nicholas Molyneus t/a Affair to Remember; 4. That respondent, by failing to file an application Doc. Nos. A-00122025C0701; A-00122025, F.2 with this Commission prior to abandoning or discontinuing service, violated 52 Pa. Code § 3.381(a)(1)(v) and 66 COMPLAINT Pa.C.S. § 1102(a)(2) and, by failing to maintain adequate, The Pennsylvania Public Utility Commission (Commis- efficient and safe service and facilities, violated 66 sion) is a duly constituted agency of the Commonwealth Pa.C.S. § 1501. of Pennsylvania empowered to regulate public utilities Wherefore, the Bureau of Transportation and Safety within the Commonwealth. The Commission has del- Prosecutory Staff hereby requests that the Commission egated its authority to initiate proceedings which are revoke respondent’s Certificate of Public Convenience at prosecutory in nature to the Bureau of Transportation A-00109161, Fs. 1 and 2. and Safety and other bureaus with enforcement responsi-

PENNSYLVANIA BULLETIN, VOL. 39, NO. 5, JANUARY 31, 2009 658 NOTICES bilities. Pursuant to that delegated authority and Section must include the reference number of this Complaint. 701 of the Public Utility Code, the Bureau of Transporta- Your answer must be verified and the original and three tion and Safety Prosecutory Staff here by represents as (3) copies sent to: follows: James J. McNulty, Secretary 1. That all authority issued to Jason Koss and Nicholas Pennsylvania Public Utility Commission Molyneus t/a Affair to Remember, (respondent) is under P. O. Box 3265 suspension effective February 18, 2007, for failure to Harrisburg, PA 17105-3265 maintain evidence of insurance on file with this Commis- B. If you fail to answer this Complaint within twenty sion. (20) days of the date of service, the Bureau of Transporta- 2. That respondent maintains a principal place of tion and Safety will request that the Commission issue an business at R. R. 2, Box 142K, Falls, PA 18615. Order imposing a penalty. Pursuant to 66 Pa.C.S. 3. That respondent was issued a Certificate of Public § 3301(a), the penalty could include a fine of up to $1,000 Convenience by this Commission on March 13, 2006, at for each violation, the revocation of your Certificate of A-00122025, F.2. Public Convenience, or any other remedy as may be appropriate. Each day you continue to violate any regula- 4. That respondent has failed to maintain evidence of tion, direction, requirement, determination or Order of Liability insurance on file with this Commission. The the Commission is a separate and distinct offense, subject penalty is $250.00 and cancellation of the Certificate of to additional penalties. Public Convenience. C. You may elect not to contest this Complaint by 5. That respondent, by failing to maintain evidence of causing your insurer to file proper evidence of current insurance on file with this Commission, violated 66 insurance in accordance with the Commission’s regula- Pa.C.S. § 512, 52 Pa. Code § 32.2(c), and 52 Pa. Code tions and by paying the $250.00 fine proposed in the § 32.11(a), § 32.12(a) or § 32.13(a). Complaint by certified check or money order within Wherefore, unless respondent pays the fine of $250.00 twenty (20) days of the date of service of this Complaint. and causes its insurer to file evidence of insurance with The proof of insurance must be filed with the: this Commission within twenty (20) days of the date of service of this Complaint, the Bureau of Transportation Compliance Office, Bureau of Transportation and and Safety Prosecutory Staff will request that the Com- Safety mission issue an Order which: (1) cancels the Certificate Pennsylvania Public Utility Commission of Public Convenience held by respondent at A-00122025, P. O. Box 3265 F.2 for failure to maintain evidence of current insurance Harrisburg, PA 17105-3265 on file with the Commission; (2) fines Respondent the Acord Certificates of Insurance and Faxed Form Es and sum of two hundred and fifty dollars ($250.00) for the Hs are Unacceptable as Evidence of Insurance. illegal activity described in this Complaint; (3) orders such other remedy as the Commission may deem to be The fine payment must be made to the Commonwealth appropriate, which may include the suspension of a of Pennsylvania and forwarded to: vehicle registration; and (4) imposes an additional fine on James J. McNulty, Secretary the respondent should cancellation occur. Pennsylvania Public Utility Commission Respectfully submitted, P. O. Box 3265 Harrisburg, PA 17105-3265 Wendy J. Keezel, Chief of Enforcement Your payment is an admission that you committed the Motor Carrier Services & Enforcement Division alleged violation and an agreement to cease and desist Bureau of Transportation and Safety from further violations. P. O. Box 3265 Harrisburg, PA 17105-3265 Upon receipt of the evidence of insurance from your insurer and receipt of your fine payment, the Com- VERIFICATION plaint proceeding shall be closed. I, Wendy J. Keezel, hereby state that the facts above D. If you file an Answer which admits or fails to deny set forth are true and correct to the best of my knowl- the allegations of the Complaint, the Bureau of Transpor- edge, information and belief and that I expect that the tation and Safety will request that the Commission issue Bureau will be able to prove same at any hearing held in an Order imposing a penalty, which may include the this matter. I understand that the statements herein are cancellation of your Certificate of Public Convenience. made subject to the penalties of 18 Pa.C.S. § 4904 Should the Commission cancel your Certificate of Public relating to unsworn falsification to authorities. Convenience, it may also impose an additional fine of up Date: to $1,000. Wendy J. Keezel, Chief of Enforcement E. If you file an Answer which contests the Complaint, Motor Carrier Services and Enforcement the matter will be assigned to an Administrative Law Bureau of Transportation and Safety Judge for hearing and decision. The judge is not bound by the optional fine set forth above. NOTICE A. You must file an answer within twenty (20) days of F. Alternative formats of this material are available, the date of service of this Complaint. The date of service for persons with disabilities, by contacting the Compli- is the mailing date as indicated at the top of the ance Office at (717) 787-1227. Secretarial Cover Letter for this Complaint and Notice, JAMES J. MCNULTY, 52 Pa. Code § 1.56(a). An answer is a written explanation Secretary of circumstances wished to be considered in determining [Pa.B. Doc. No. 09-180. Filed for public inspection January 30, 2009, 9:00 a.m.] the outcome. The answer shall raise all factual and legal arguments that you wish to claim in your defense and

PENNSYLVANIA BULLETIN, VOL. 39, NO. 5, JANUARY 31, 2009 NOTICES 659

Telecommunications Tentative Order

A-2009-2085482. The United Telephone Company Public Meeting held of Pennsylvania, LLC, d/b/a Embarq Pennsylvania December 18, 2008 and Comcast Business Communications, LLC, d/b/a Comcast Long Distance. Joint petition of The United Commissioners Present: James H. Cawley, Chairperson; Telephone Company of Pennsylvania, LLC, d/b/a Embarq Tyrone J. Christy, Vice Chairperson; Robert F. Pennsylvania and Comcast Business Communications, Powelson; Kim Pizzingrilli; Wayne E. Gardner LLC, d/b/a Comcast Long Distance for approval of an Petition of Laceyville Borough for a Declaratory Order interconnection and collocation agreement under section that its Provision of Water Service to an Isolated Group of 252(e) of the Telecommunications Act of 1996. Customers does not Constitute the Provision of Public The United Telephone Company of Pennsylvania, LLC, Utility Service Under 66 Pa.C.S. § 102; Doc. No. d/b/a Embarq Pennsylvania and Comcast Business Com- P-2008-2064117 munications, LLC, d/b/a Comcast Long Distance, by its Tentative Order counsel, filed on January 16, 2009, at the Pennsylvania Public Utility Commission (Commission), a joint petition By the Commission: for approval of an interconnection and collocation agree- On September 17, 2008, Laceyville Borough (the Bor- ment under sections 251 and 252 of the Telecommunica- ough or Laceyville) filed the above-captioned petition for tions Act of 1996. declaratory order. In accordance with 52 Pa. Code § 5.42, Interested parties may file comments concerning the the Borough served a copy of its petition on the Office of petition and agreement with the Secretary, Pennsylvania Consumer Advocate, the Office of Trial Staff, the Office of Public Utility Commission, P. O. Box 3265, Harrisburg, Small Business Advocate, and on each of the 17 affected PA 17105-3265. Comments are due on or before 10 days customers located outside of Laceyville’s corporate bound- after the date of publication of this notice. Copies of The aries. No answers were filed to Laceyville’s petition. United Telephone Company of Pennsylvania, LLC, d/b/a Section 331(f) of the Public Utility Code, 66 Pa.C.S. Embarq Pennsylvania and Comcast Business Communi- § 331(f), provides that the Commission ‘‘may issue a cations, LLC, d/b/a Comcast Long Distance joint petition declaratory order to terminate a controversy or remove are on file with the Commission and are available for uncertainty.’’ By its petition, the Borough seeks a determi- public inspection. nation that its provision of water service to the 17 The contact person is Cheryl Walker Davis, Director, customers that are physically proximate to the Borough, Office of Special Assistants, (717) 787-1827. but not within the corporate boundaries of the Borough, JAMES J. MCNULTY, is not subject to Commission jurisdiction. The Borough Secretary asserts that the service it provides to these 17 customers [Pa.B. Doc. No. 09-181. Filed for public inspection January 30, 2009, 9:00 a.m.] is not service ‘‘to or for the public’’ within the meaning of section 102 of the Public Utility Code, 66 Pa.C.S. § 102. In its petition, the Borough notes that its water supply is located in an adjacent municipality, Braintrim Town- ship. With the exception of the water main leading from the water supply to the Borough, all of the Borough’s Telecommunications water mains are located within the municipal boundaries A-2009-2084494. Windstream Pennsylvania, LLC of the Borough. The Borough serves 17 residential water and Citynet Pennsylvania, LLC. Joint petition of service connections outside the Borough’s municipal Windstream Pennsylvania, LLC and Citynet Pennsylva- boundary. These extraterritorial customers own property nia, LLC for approval of an interconnection agreement that is in close proximity to the Borough’s water mains under section 252(e) of the Telecommunications Act of and are connected thereto by one and two-inch lateral 1996. service lines. Windstream Pennsylvania, LLC and Citynet Pennsylva- By letter dated November 18, 2008, the Borough states nia, LLC, by its counsel, filed on January 13, 2009, at the that while the 17 customers outside of the Borough’s Pennsylvania Public Utility Commission (Commission), a corporate limits receive service at the same terms as joint petition for approval of an interconnection agree- customers that reside inside Borough boundaries, the ment under sections 251 and 252 of the Telecommunica- rates to customers outside of the Borough’s corporate tions Act of 1996. limits are substantially lower than the rates charged to Borough residents.1 Interested parties may file comments concerning the petition and agreement with the Secretary, Pennsylvania Furthermore, the Borough asserts in its Petition that Public Utility Commission, P. O. Box 3265, Harrisburg, 15 of the 17 extraterritorial connections to the Borough’s PA 17105-3265. Comments are due on or before 10 days water system were made in the mid 1960s, although the after the date of publication of this notice. Copies of the exact date is unknown. The two additional extraterritorial Windstream Pennsylvania, LLC and Citynet Pennsylva- connections along the same water main were added in nia, LLC joint petition are on file with the Commission 1995 in conjunction with a Laceyville Borough Municipal and are available for public inspection. Authority sewer project that brought public sewer to The contact person is Cheryl Walker Davis, Director, these two residents. On this specific issue, it is clarified Office of Special Assistants, (717) 787-1827. in the Petition that the Borough did not solicit the extraterritorial customers, rather, because of sulfur in the JAMES J. MCNULTY, water table, the extraterritorial customers requested to Secretary 1 [Pa.B. Doc. No. 09-182. Filed for public inspection January 30, 2009, 9:00 a.m.] At the August 5, 2008 meeting, Borough Council raised the water rate to a quarterly fee of $10.00 plus $4.00 per thousand gallons for those customers within the geographical boundaries of the Borough. Rates for extraterritorial customers remained unchanged, i.e., a flat semiannual fee of $10 plus $2.00 per thousand gallons.

PENNSYLVANIA BULLETIN, VOL. 39, NO. 5, JANUARY 31, 2009 660 NOTICES connect to the Borough’s water supply which has been himself out as serving or ready to serve only particu- treated to remove sulfur. We agree that under these lar individuals. The public or private character of the circumstances, it is appropriate to issue a Declaratory enterprise does not depend, however, upon the num- Order in response to the subject petition. ber of persons by whom it is used, but upon whether In support of its petition, the Borough states that it is or not it is open to the use and service of all members currently subject to the Commission’s jurisdiction and of the public who may require it, to the extent of its complies with the Commission’s reporting and tariff capacity; and the fact that only a limited number of requirements.2 The Borough states that these require- persons may have occasion to use it does not make it ments are unreasonably burdensome given that the Bor- a private undertaking if the public generally has a ough only serves 17 extraterritorial customers. The Bor- right to such use. ough seeks to avoid these requirements, but at the same time retain service to the existing extraterritorial custom- See also, Petition of Chicora Borough, P-00981355 (May ers. The Borough notes that it has existing water supply 22, 1998). issues that resulted in the declaration of an emergency in January 2008. To this end, the Borough is currently in More recently, the Commission applied the same ratio- the process of installing a new well at considerable nale in Joint Application of Seven Fields Development expense. In addition to the 17 extraterritorial customers Corporation, A-220007 and A-210062F2000 (October 1, the Borough has 145 connections within the Borough. 1999). In that case, the Commission granted an application filed by a jurisdictional utility seeking to transfer its In its petition, the Borough alleges that all of the assets used in the operation of its water system to the customers in question are located in Braintrim Township. Borough of Seven Fields. The Commission noted that the The nearest alternative water purveyor to the 17 customers, other than the Borough, is the Wyalusing Municipal borough would be providing water service to three cus- Authority, which is located approximately eight miles tomers that were located outside of the borough’s limits. from the extraterritorial customers of Laceyville. To the Moreover, the Commission took note of the fact that the best of the Borough’s knowledge, Wyalusing is not inter- borough committed to continue providing water service ested in connecting the extraterritorial customers of solely to these three customers at the same terms of Laceyville to its system. service as are or will be offered to customers within the boundaries of the borough. Also, as in the instant case, In further support of its petition, the Borough states the Borough of Seven Fields presented an affidavit to the that it has not solicited any potential customers outside of effect that it did not intend to offer service to the general its municipal limits and does not intend to solicit any in public outside of its boundaries in the future. In the the future. In addition, the Borough has passed a resolution that provides that the Borough will apply the same Seven Fields case, the Commission concluded that the rules, regulations, and rates to the customers outside as limited nature of water service to such a defined group of those within Borough limits. Attached to the petition is customers should not realistically be subject to its juris- an affidavit of the President of Borough Council stating diction. (Order at p.4). that the Borough will not repeal or sunset the aforemen- Most recently, in Pilot Travel Center, LLC v. Pa. Public tioned resolution without advising the Commission re- Utility Commission, 933 A.2d 123 (Pa. Cmwlth. 2007), garding same. These commitments were made to ensure appeal denied, 938 A.2d 1054 (Pa. 2007), the Common- that the 17 extraterritorial customers will not be subject wealth Court, in affirming the Commission’s view on this to potential discrimination without the opportunity for issue, concluded: Commission oversight. The Borough submits that its circumstances are similar The test for determining whether utility services are to those presented to the Commission in the matters of being offered ‘‘for the public’’ is whether or not such Lehigh Valley Cooperative Farmers v. City of Allentown, person holds himself out, expressly or impliedly, as 54 Pa. P.U.C. 495 (1980) and Petition of New Albany engaged in the business of supplying his product or Borough, Docket No. P-00991775, 200 Pa. PUC Lexis 34 service to the public, as a class, or to any limited (2000), wherein the Commission concluded that service to portion of it, as distinguished from holding himself a number of isolated individuals outside of the municipal out as serving or ready to serve particular individu- boundaries under special circumstances did not constitute als. The private or public character of a business does public utility service subject to the Commission’s jurisdic- not depend upon the number of persons who actually tion. We agree. use the service; rather, the proper characterization rests upon whether or not the service is available to In Lehigh Valley and New Albany Borough, the Com- all members of the public who may require it. mission reiterated that the test to determine whether a party is rendering service to the public is set forth in 933 A.2d at 128. Borough of Ambridge v. Pa. Public Service Commission, 165 A. 47 (Pa. Super. 1933). In Ambridge, the Commission In applying the standards enunciated in Ambridge, noted, Lehigh Valley, Seven Fields and Pilot Travel Center to the facts of the case sub judice, we find that the limited We find the distinction between public and private extraterritorial service provided by the Borough is not rendition of such service put definitely on the readi- subject to Commission jurisdiction. The extraterritorial ness to serve all members of the public to the extent service being provided by the Borough is provided to a of capacity: The test is, therefore whether or not such limited number of customers and is not available to the person holds himself out, expressly or impliedly, as general public. Moreover, the Borough clearly states that engaged in the business of supplying his product or it will continue to provide service solely to the 17 service to the public, as a class, or to any limited customers that it is presently serving outside of its portion of it, as contradistinguished from holding boundaries and that it is not soliciting additional custom- 2 Although Commission staff was unable to determine the date of certification, ers. In our opinion, such service does not constitute the Commission records show that the Borough has been filing annual reports since 1958. provision of water service to or for the public.

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Finally, we note our expectation that an express condition of this exemption is that the Borough apply the same STATE BOARD rates outside as well as within Borough limits. We also note that if Laceyville Borough’s certificate of public OF PHARMACY convenience is canceled, the 17 extraterritorial customers will no longer be served by a jurisdictional municipal Bureau of Professional and Occupational Affairs v. corporation and, as such, will not have recourse to the Michael Lee Harenza, R.Ph.; Doc. No. 0880-54-08 Commission’s consumer protections. Rather, their recourse will be with the local government and courts of On December 30, 2008, the State Board of Pharmacy common pleas. suspended the license of Michael Lee Harenza, license no. Under these circumstances, no certificate of public RP-441391, of Devon, Chester County, until he submits to convenience is needed by the Borough and, absent any a mental and physical examination to determine if he is contrary responses from concerned parties, this Commis- able to practice the profession of pharmacy with reason- sion will cancel the operating authority issued to able skill and safety. Laceyville Borough; Therefore, It Is Ordered: Individuals may obtain a copy of the memorandum order by writing to Carole L. Clarke, Board Counsel, 1. That the Petition for Declaratory Order filed by State Board of Pharmacy, P. O. Box 2649, Harrisburg, PA Laceyville Borough on September 17, 2008, at P-2008- 17105-2649. 2064117 is hereby granted. MICHAEL A. PODGURSKI, R.Ph., 2. That the provision of water service by Laceyville Chairperson Borough to the 17 customers located outside of the Borough’s boundaries is deemed to be non-jurisdictional [Pa.B. Doc. No. 09-184. Filed for public inspection January 30, 2009, 9:00 a.m.] because it is not service ‘‘to or for the public’’ within the intendment of Section 102 of the Public Utility Code, 66 Pa.C.S. § 102. 3. That a copy of this Tentative Order shall be served upon Laceyville Borough and upon each of the 17 customers listed in Laceyville’s certificate of service. STATE BOARD 4. That the Secretary shall certify this Tentative Order and deposit it with the Legislative Reference Bureau for OF NURSING publication in the Pennsylvania Bulletin. Bureau of Professional and Occupational Affairs v. 5. That Laceyville Borough is directed to cause to be Katherine Jaroszewicz, LPN; Doc. No. 1664-51- published in a newspaper of general circulation in the Laceyville Borough area, notice of this Tentative Order 2008 and of the Commission’s intent to cancel the Laceyville Borough certificate of public convenience at A-221750 On December 4, 2008, Katherine Jaroszewicz, LPN, of absent adverse public comment within the 20-day time Erie, Erie County, had her license to practice practical constraint established in the Pennsylvania Bulletin. nursing suspended for no less than 3 years, retroactive to 6. That if no objection to this Order is filed with the September 8, 2008, based on her failure to comply with Commission within 20 days of the publication date in the the terms of the Professional Health Monitoring Program. Pennsylvania Bulletin, this Tentative Order shall become final, and the Commission’s Secretary’s Bureau shall Individuals may obtain a copy of the adjudication by cancel the operating authority of Laceyville Borough and writing to Beth Michlovitz, Board Counsel, State Board of mark this file as closed. The Secretary’s Bureau shall also Nursing, P. O. Box 2649, Harrisburg, PA 17105-2649. then cause Laceyville Borough to be deleted from the active lists of the Finance and Tariff Section of the This adjudication and order represents the State Board Commission’s Bureau of Fixed Utility Services and the of Nursing (Board) final decision in this matter. It may be Assessment Section of Administrative Services. appealed to the Commonwealth Court of Pennsylvania by the filing of a petition for review with that court in JAMES J. MCNULTY, Secretary accordance with the Pennsylvania Rules of Appellate Procedure. Individuals who take an appeal to the Com- [Pa.B. Doc. No. 09-183. Filed for public inspection January 30, 2009, 9:00 a.m.] monwealth Court must serve the Board with a copy of their petition for review. The Board contact for receiving service of the appeals is the previously-named Board counsel. ANN L. SULLIVAN, Ph.D., FFAN, CRNP, Chairperson [Pa.B. Doc. No. 09-185. Filed for public inspection January 30, 2009, 9:00 a.m.]

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