Effective July 1, 1995, the State Board of Education will classify and charter nonpublic schools according to prescribed standards on a voluntary basis. No charter will be granted to a nonpublic school unless the school elects to administer standardized tests. Ohio Rev. Code Ann. § 3301.07.
Registration/Licensing/Accreditation: Schools other than public schools must conform to the minimum standards prescribed by the State Board of Education. Ohio Rev. Code Ann.§ 3321.07.
The State Board of Education classifies and charters nonpublic schools according to prescribed standards on a voluntary basis. The State Board of Education will consider the particular needs, methods and objectives of nonpublic schools provided they do not conflict with a high quality general education and regular procedures are followed for the promotion of pupils. Ohio Rev. Code Ann. ? 3301.07(D). Effective July 1, 1995, no charter will be granted to a nonpublic school unless, pursuant to § 3301.0711(K), the school elects to administer the ninth grade statewide proficiency tests, prescribed under § 3301.0710(B), beginning July 1, 1995. The state board shall revoke the charter of any nonpublic school that does not comply with ? 3313.612, prohibiting nonpublic schools from granting high school diplomas to anyone unless they have attained at least the applicable scores on the ninth grade proficiency tests with limited exceptions or, does not participate in the ninth grade proficiency testing program under ? 3301.0710(B). Ohio Rev. Code Ann. § 3301.16. Ohio Admin. Code § 3301-35.
Recordkeeping/Reports: A student enrolling in a nonpublic school must present: 1) records of prior school enrollment; 2) a certified copy of a court order allocating parental rights, if applicable; and, 3) a certification of birth. Within 24 hours of enrollment, a school official must request the pupil's official records from the sending school. If the school claims it has no records of attendance or the records are not received within 14 days, or if the pupil does not present a certification of birth, the school official must notify the local law enforcement agency of the possibility that the pupil is a missing child. Ohio Rev. Code Ann. § 3313.672.
Parochial and private schools must file annual reports to the State Board of Education on forms provided by the Board. Ohio Rev. Code Ann. § 3301.14.
Private and parochial schools must report to the Treasurer of the Board of Education the names, ages, and residence of all pupils under 18 within the first two weeks of school to facilitate carrying out the laws relating to compulsory education and the employment of minors. Reports must be updated within the first week of every subsequent school month. Ohio Rev. Code Ann. § 3321.12.
Nonpublic school administrators may request from the local school district an accounting of the moneys received by the district under ' 3317.06 for students attending chartered nonpublic schools.(See Public Aid.) Ohio Rev. Code Ann. § 3317.024(P).
Length of School Year/Day: Students enrolled in schools other than public schools must attend for equivalent hours and term of attendance for public school students. Ohio Rev. Code Ann. § 3321.07.
Private and parochial schools may prescribe when a child may be excused for absence from school for good and sufficient reasons. Ohio Rev. Code Ann. § 3321.04.
Discrimination: The provision of transportation for nonpublic school students with state funds is conditioned on the school's nondiscrimination in the selection of pupils, faculty members, and employees based on race, color, religion or national origin. Ohio Rev. Code Ann. § 3327.01.
Blind, deaf, and mobility impaired persons assisted by guide dogs are entitled to the full and equal accommodations in institutions of education, including nonpublic elementary and secondary schools. Ohio Rev. Code Ann. § 955.43.
Teacher Certification: Standards for teacher certification for nontax-supported schools provide for certification without further educational requirements for individuals with a bachelor's degree from an accredited college or university. Standards for teacher certification in nonchartered nontax-supported schools provide for certification without further educational requirements for individuals who have attended Bible colleges and Bible institutes. Teachers in nonchartered, nontax-supported schools are exempt from certification fees. Ohio Rev. Code Ann.§ 3301.071.
Curriculum: Chartered nonpublic schools may participate in the statewide proficiency test program if the chief administrator submits a written request to the Superintendent of Public Instruction prior to August 1. Ohio Rev. Code Ann. § 3301.0711(K).
After September 15, 1998, no chartered nonpublic school may grant a high school diploma unless the student has attained applicable scores on requisite tests, with limited exceptions. Ohio Rev. Code Ann. §§ 3313.612; 3301.0710.
Special Education: The Department of Education will consult with chartered nonpublic schools regarding sign language interpreters for the instruction of hearing-impaired children. Ohio Rev. Code Ann. § 3323.17.
Health: No person may establish an institution for persons suffering from a communicable disease, defined by the Director of Health, within 2,000 feet of any private or parochial school. Ohio Rev. Code Ann. § 3313.74.
Safety: Principals of private schools having an average daily attendance of 50 students or more must instruct and train the students to exit buildings by drills at least once a month. The doors and exits of school buildings must be unlocked during school buildings. Ohio Rev. Code Ann. § 3737.73.
Ohio's Missing Child Educational Program will assist nonpublic schools in developing cooperative programs with local law enforcement agencies for fingerprinting children. The Office of the Attorney General will disseminate periodic information bulletins of missing children to nonpublic schools. If the chief administrator of a nonpublic school is notified that a missing child is attending his school, the administrator must notify the Missing Children Clearinghouse and the local law enforcement agency immediately. Ohio Rev. Code Ann. '' §§ 109.65; 3301.25.
The hiring officer of any chartered nonpublic school must request a criminal records check for any applicant for a position responsible for the care, custody, or control of a child. The request must be made to the Superintendent of the Bureau of Criminal Identification and Investigation. If the applicant was convicted or plead guilty to certain crimes listed, the school cannot employ the individual. The cost of the criminal records check is born by the school, but may be passed on to the applicant if notified beforehand. Ohio Rev. Code Ann. § 3319.39.
Chartered nonpublic schools must comply with written requests for student records from entities investigating complaints of child abuse and neglect unless the school determines they are prohibited by law and file a motion with the court. Ohio Rev. Code Ann. § 2151.141.
The State Board of Education will provide technical assistance to chartered nonpublic schools on Block Parent Programs, i.e. voluntary programs to provide students temporary refuge. Ohio Rev. Code Ann. § 3301.076.
If known, chartered nonpublic schools will be notified by the prosecuting attorney if an employed certificated teacher is convicted or pleads guilty to certain criminal violations. Ohio Rev. Code Ann. § 3319.52.
Transportation: Students, grades K-8, who attend nonpublic schools and reside more than 2 miles from school and within 30 minutes travel time by yellow school bus from the public school of assignment to the nonpublic school will receive transportation unless the local and State Board of Education deems the transportation unnecessary or unreasonable. In lieu of transportation, the board may reimburse families the costs of transportation. School boards may provide students, grades 9-12, transportation to and from nonpublic schools. The boards must provide transportation for students with disabilities. Transportation is conditioned on the school's nondiscrimination in the selection of pupils, faculty members, and employees based on race, color, religion or national origin. Ohio Rev. Code Ann. § 3327.01.
Transportation for students attending sectarian schools does not violate the Ohio constitutional provision prohibiting religious control over state school funds.Honohan v. Holt, 244 NE2d 537 (1968).
School districts may lease busses to nonpublic schools located within the district for school related activities that would be approved school related activities offered by a public school. The cost must not exceed the costs of operating the busses. Ohio Rev. Code Ann. § 3327.13.
Home Schooling: A parent who elects to provide home education must supply the following information to the superintendent of schools of the district or residence: name and contact information for student/s, parent/s and instructor; assurance that home education will follow a prescribed list of subjects to be taught except that home education shall not be required to include any concept, topic, or practice that is in conflict with the sincerely held religious beliefs of the parents; brief outline of the intended curriculum; list of textbooks or other basic teaching materials that the parent intends to use for home education; assurance that the child will be provided a minimum of 900 hours of home education each school year; and assurance that the home teacher has a high school diploma or the certificate of high school equivalence or standardized test scores that demonstrate high school equivalence or other equivalent credential found appropriate by the superintendent. Ohio Rev. Code Ann. § 3321.04; Ohio Admin. Code § 3301-34-03.
The parent shall send to the superintendent an academic assessment report of the child for the previous school year at the time of supplying subsequent notification. Ohio Admin. Code § 3301-34-04.
If the annual academic assessment indicates that the child is not demonstrating reasonable proficiency, the parent will be required to develop a plan of remediation and submit a quarterly report to the superintendent. If the child does not demonstrate reasonable progress during remediation, the superintendent may, subsequent to a due process hearing, revoke the child?s excuse from attendance and notify the parents in writing to enroll the child within 30 calendar days in a school in compliance with Chapter 3301-35 of the Administrative Code. Ohio Admin. Code § 3301-34-05.
Public Aid for Private Schools/Private School Students: According to the Ohio Constitution, a religious sect may not control any part of the state's school funds. Ohio Const. Art. VI, Sec. 2.
State allocations paid to local school districts for chartered nonpublic schools may be used for the following purposes: 1) approved secular textbooks; 2) speech and hearing diagnostic services; 3) physician, nursing, dental, and optometric services; 4) diagnostic psychological services; 5) guidance and counseling services; 6) remedial services; 7) standardized tests and scoring services; 8) programs for handicapped and gifted children; 9) clerical personnel for the administration of programs; and 10) secular, neutral, and nonideological computer software and mathematics or science equipment and materials generally used in the public schools. Ohio Rev. Code Ann. § 3317.06.
The Superintendent of Public Instruction annually reimburses chartered nonpublic schools for actual mandated administrative and clerical costs incurred in preparing, maintaining and filing reports, forms, and records. Reimbursement will not exceed $250 per pupil enrolled in the nonpublic school. Ohio Rev. Code Ann. § 3317.063.
Nonprofit private schools eligible to participate in food service programs should apply to the State Board of Education for assistance. Ohio Rev. Code Ann. § 3313.813.
Nonpublic school students may participate in public school vocational education programs without assessment other than charges paid by public school students. Ohio Rev. Code Ann. § 3313.90.
The sale of food to students in a cafeteria maintained in a private or parochial school is exempt from sales tax. Ohio Rev. Code Ann. § 5739.02.
Miscellaneous: The State Board of Education submits annually a ten-year projection of nonpublic school enrollment, by year and by grade level, to the Governor and General Assembly. Ohio Rev. Code Ann. § 3301.07(F).
Principals of private and parochial schools must display the United States flag, not less than 5 feet in length, over, near, or within all schoolhouses when in session. Ohio Rev. Code Ann. § 3313.80.


D.C. Law Library - § 4–261.04. Locally funded minimum benefit.
↪ § 4–261.04. Locally funded minimum benefit.
Beginning on or after January 1, 2015, but beginning no later than October 1, 2015, a family participating in the food stamp program whose federally funded household benefit is less than $30 per month shall receive locally funded benefits to bring the household’s total benefit to $30 per month.
For temporary (90 days) addition of D.C. Law 18-111, § 5084, see § 2062 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).
For temporary (90 days) addition of D.C. Law 18-111, § 5084, see § 2062 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).
For temporary (90 days) addition of D.C. Law 18-111, § 5084, see § 2062 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).


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This article will examine the problematical area of international criminals accused of serious crimes and avoiding arrest. In turn, it cast serious doubts about the effectiveness of the international criminal justice system. It proposes creating a UN Special Task Force that would operate globally to arrest international fugitives. The model would derive from UN Chapter VII powers and Article 29 (subsidiary organs).
Section 1 will discuss the basic structure of international criminal justice and problems that arise when suspects like Omar al-Bashir brazenly defy ICC arrest warrants. Section 2 will examine the legal basis for enforcing warrants against non-cooperative States, along with the legal basis for creating a Special Task Force to arrest international fugitives accused of serious crimes. Section 3 will lay out the structure and capability of a Special Task Force and also provide a hypothetical example of a mission to capture an international criminal. Section 4 addresses the issue of conflict classification when the Special Task Force is operating in a conflict region or outside of armed conflict. It also explores how Art. 25 of the UN Charter could provide the jurisdictional basis for an overlapping law enforcement function when a UN Member refuses to surrender an international criminal. Lastly, section 5 concludes with a discussion on the ramifications of not adopting a Special Task Force in an era of increasing global conflicts, violence and serious crimes.
Apart from UN created tribunals and the ICC, there are also consensual hybrid tribunals such as the Special Tribunal for Sierra Leone (STSL), and the Extraordinary Chambers in the Courts of Cambodia (ECCC).
Nonetheless, the basic structure for international criminal justice is ad hoc tribunals created by the UN under Chapter VII – or treaty based systems like the ICC.
Despite the nature of a UN 13(b) referral, without effective enforcement mechanisms, it is almost impossible to arrest a person accused of serious crimes when the State in which the accused is found refuses to cooperate and surrender them to the ICC. Other problem areas are when a State is not a party to the ICC, there can be no informal surrender of its nationals absent a valid extradition treaty.
For those reasons, immunity under customary international law is entirely inconsistent with South Africa’s Constitution and an Act of Parliament, thus immunity cannot be valid on its face, since both the Constitution and Parliament place a greater interest in bringing Bashir to justice, over that of granting him immunity for serious crimes.
Accordingly, despite the nature of the UN referral to the ICC culminating in an arrest warrant being issued for Bashir, neither the ICC nor UN tribunals have in place effective enforcement mechanisms. In the next section, we will look at legal methods on enforcing a warrant against an international criminal target.
against all UN members. That basis is found under Article 25 of the UN Charter in which all members must accept and comply with UN resolutions. The obligation arises by virtue of the implied consent each State has given to be bound by the conditions of the UN Charter.
And, under Article 103 of the UN Charter, when a State’s obligations under an international agreement conflicts with a member’s obligations under the UN Charter, the Charter prevails.18 For example, in the Lockerbie case, two Libyan suspects were wanted in connection with an aircraft that exploded in Scotland, which involved the deaths of Americans.
Libya refused to grant extradition claiming it was an interference with its internal affairs. It relied on Art. 7 of The Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (rule of aut dedere judicare) as the controlling authority in which to prosecute its own nationals in the absence of an extradition treaty, despite the U.S. and UK demands for the surrender of the two Libyan suspects.
The matter was then presented before the UN Security Council and General Assembly resulting in two resolutions: Res. 731, urging Libya to comply with the requests of the U.S. and UK; and Res. 748, imposing sanctions. The matter also progressed before the International Court of Justice seeking provisional measures to stop the U.S. and UK from taking any action to coerce Libya to handing over the two suspects.
Although international courts do not generally follow the common law doctrine of stare decisis, in which decisions are binding on other courts, nevertheless, if we were to apply the Lockerbie holding to South Africa’s claim of a binding international agreement with the African Union, as regards granting immunity to African officials, such an agreement would be invalid under Article 103, and UN resolution 1593 (culminating in an arrest warrant being issued by the ICC for Omar al-Bashir) would prevail, because UN members must comply with resolutions.
Accordingly, Article 103 is controlling authority that binds all UN members, irrespective of any international agreement a State may have entered into.
B. UN Subsidiary Organs and the Creation of a Special Task Force.
Under Article 29 of the UN Charter, the UN Security Council has been given wide latitude to establish such subsidiary organs as it deems necessary for the performance of its functions.20 Inter alia, some of those subsidiary organs are expressed in the form of international criminal tribunals like ICTR and ICTY.
In the context of international enforcement of arrest warrants, the UN Security Council has the power to create a Special Task Force under Article 29 that would be tasked with arresting those accused of serious crimes, presumably, in States refusing to cooperate with a UN resolution extending to arrest. Because arrest falls outside the sphere of armed conflict, the types of operations conducted by the Special Task Force would fit into what the author describes as “Global Operations Other Than War” (GOOTW).
Ideally, GOOTW would entail placing the Special Task Force under the UN Code of Conduct for Law Enforcement Officials, where its official mandate would be limited to arrest and to only use lethal force when strictly necessary.21 However, because international criminal targets are often located in conflict regions where members of the military are involved in protecting them, the Special Task Force would draw from candidates with specialized combat arms training, primarily among the infantry ranks.
Essentially, the Special Task Force would be an all voluntary force drawn from NATO militaries around the world. Furthermore, NATO forces have been involved in arresting war criminals in the former Yugoslavia; therefore, it brings extensive operational experience from a variety of regions.
In short, the UN Security Council acting under Chapter VII and Article 29 would create a viable enforcement unit in connection with all UN referrals to the ICC pursuant to the Rome Statute. In instances of non-UN referrals, the ICC could contract with the Special Task Force.22 Further, as a subsidiary organ of the UN, the Special Task Force would not be in conflict with Art. 2(4) of the UN Charter, since it applies only to States and not organizations, hence, STF enforcement actions would not be deemed a use of force against the territorial integrity of any State.
The Special Task Force would comprise candidates selected from branches within NATO who are already trained in advanced infantry tactics. Ideally, it would draw volunteers from counterterrorist units who are also trained in close protection and evacuating diplomats in a foreign territory during a crisis, as they would be ideally suited for the task.
STF operations would focus on stealth and would be best categorized as clandestine missions, when States have refused to surrender an international criminal suspect. It would require an independent tactical air wing to insert and extract the STF unit in any region of the world. The STF would initially comprise 12 to 24 personnel operating on a rotational basis for six month periods. This rotational model would ensure the unit is infused with new personnel, in which departing operators would return to their home military units.
Therefore, for every person accused of a serious crime that avoids arrest is justice delayed and denied for the victims of those crimes along with surviving family members.
B. Hypothetical Mission Illustrating the Effectiveness of Special Task Force.
Using the ICC al-Bashir case as a hypothetical example, this section will illustrate the effectiveness of the Special Task Force.
Intelligence has ascertained Omar al-Bashir will be traveling to an event where members of his protective detail will be providing close protection. Pre-mission plans involve members of STF infiltrating a remote area in close proximity to the Bashir event. This area will be used as a staging base to the target area, so STF can position itself as close to the event as possible, in order to intercept Bashir.
After an area assessment is performed of the remote staging base, the STF will run through some practice drills to rehearse the time it takes to depart from the staging base and arrive at the target area, so the interception of Bashir is perfectly timed. These practice drills will be performed in a friendly area using helicopters.
On executing the actual mission, Special Task Force will be inserting by helicopter to the remote staging base undetected using electronic countermeasures to jam the non-cooperative’s State’s security and detection systems. Drones have been tracking Bashir’s movements at the event to determine accessibility, so when Bashir exits the event, the information will be immediately relayed to the Special Task Force, who will intercept Bashir before he reaches the convoy.
Two components of Special Task Force will handle the convoy and Bashir protective detail. The third component will provide a security perimeter for the mission, and the fourth component will place a helicopter in the air with an STF sniper.
As Bashir approaches the convoy, Special Task Force inserts by helicopter, while two members of the Bashir protective detail immediately engage STF personnel, who quickly return fire and neutralize the two targets. Bashir is then handcuffed, injected with a sedative and placed on a helicopter for extraction. The STF then moves out of the target area to a friendly region, where Bashir is dropped off and bound for The Hague.
The post mission debriefing determined the Special Task Force only used lethal force when they were fired upon by the Bashir protective detail. The unit’s actions were in accordance with Art. 3 of the Code of Conduct for Law Enforcement Officials, stating, “Law enforcement officials may use force only when strictly necessary and to the extent required for the performance of their duty.
Accordingly, an effective international enforcement mechanism would go a long way in diminishing the negative perception of international criminal justice.
Using a dual international humanitarian law and human rights law model (IHL/HRL), if, for example, the Special Task Force was operating outside of armed conflict, human rights law would apply. However, when an international suspect is residing in an armed conflict area or otherwise is protected by members of the military, including other variants, IHL would apply.
However, in situations deemed non-international armed conflicts (NIAC), that is, situations not triggering IHL, such as domestic riots and random acts of violence, depending on the situation it could trigger Common Article 328 protections – or the heightened requirements of Protocol II.29.
While theoretically, the UN is not a high contracting party in the traditional sense of armed conflict, nevertheless, a UN organ consisting of a Special Task Force would be bound by ROE when arresting an international criminal located in a conflict area. But when operating outside of armed conflict, the STF would be bound by HR norms. In those circumstances, a use of force continuum used by domestic law enforcement agencies could be adopted.
When a State is a member of the UN and fails to surrender an international criminal suspect stemming from a UN resolution a situation arises wherein by virtue of its membership it must comply with UN Security Council decisions under Art. 25. In effect, a State’s implied consent to be bound by those decisions would logically extend to arresting an international criminal located within its borders, where absent that State’s cooperation to arrest, would create an overlapping jurisdictional basis for STF law enforcement functions, at which point it would intervene.
The basis for this overlapping jurisdictional basis can be traced to joint police and cross border operations, where police officers from State A might participate in domestic police operations in State B with its consent. Generally, those types of operations involve placing the foreign State’s police officers under the control of the home State, where the operation is carried out.
If we apply this situation in the context of a non-cooperative State refusing to arrest an international suspect stemming from a UN resolution, the implied consent to be bound by Security Council decisions under Art. 25 would nevertheless operate as an overlapping jurisdictional basis – absent the participation of the non-cooperative State’s domestic law enforcement – because of its refusal to arrest the suspect. Therefore, the Special Task Force would be acting unilaterally to execute the arrest of the fugitive.
In those limited situations, the intervention into a non-cooperative UN member State could be viewed as a temporary suspension of the sovereign territory continuum, which would collapse during the actual STF intervention, and contract to its principle sovereign state on execution of the arrest; thus, minimizing the intrusion into that State’s domestic affairs pertaining to law enforcement functions.
As such, an overlapping jurisdictional basis for STF law enforcement functions would be in conformity with Articles 1, 25 and 103 of the UN Charter.
If domestic criminal justice systems operated without any law enforcement mechanism to arrest suspects, there would be few criminal trials, much less any sentences. In the case of al- Bashir, he has brazenly made a mockery of international justice while attending public events in defiance of the serious crimes he has been charged with.
Investigating crimes committed in a non-cooperative State’s jurisdiction is plagued with problems. Without a means to enforce a warrant, the likelihood of bringing those accused of serious crimes to justice borders on wishful thinking. Yet it does not have to be this way, since the UN Security Council has the power to create a responsive and tactical Special Task Force to enforce international criminal law.
The ICC’s present method of enforcement is built on soft power dependent on a State’s cooperation. But for those States that are not parties to the ICC, they have no obligation to surrender an accused.
In 1993, the UN Security Council authorized arresting and detaining Somali militiamen for attacks directed against UN personnel. Therefore, a mandate for international enforcement is certainly within the reach of the UN Security Council and would ensure criminals like al-Bashir are brought to justice.
It is time for all UN members to step up to the responsibility of international law enforcement, because it goes to the very heart of restoring and maintaining international peace and security, which absent such enforcement leaves the door wide open for criminals like al-Bashir to move about freely, while making a mockery of the notion of international criminal justice.
Every UN member owes it to their citizens to endorse such an enforcement model, as to continue to ignore the issue is a travesty for all victims of serious crimes.
The Special Task Force represents a cutting edge unit capable of inserting into any conflict region of the world. It is exactly what is needed in an era where war crimes, genocide and crimes against humanity are rapidly taking root across the globe.
1 See generally, Preamble of Rome Statute affirming “that the most serious crimes of concern to the international community as a whole must not go unpunished and that their effective prosecution must be ensured by taking measures at the national level and by enhancing international cooperation.” And Article 5 of the Rome Statute covers crimes within the jurisdiction of the International Criminal Court, such as, (a) the crime of genocide; (b) crimes against humanity; (c) war crimes; and (d) the crime of aggression (not yet in force).
2 International Criminal Tribunal for Yugoslavia and International Criminal Tribunal for Rwanda.
3 The ICC is a treaty based international criminal court contingent upon a State’s consent. However, non-party States have no obligation to surrender nationals accused of crimes, as treaties generally only purport to bind a State when it has ratified the treaty.
6 See Rome Statute Art 86 (General Obligation to Cooperate) and Art. 89 (Surrender of persons to the Court).
8 United States, China, India, Russia, Saudi Arabia, Turkey have not ratified the Rome Treaty and are therefore not bound by its Articles.
9 Art. 13(b) of the Rome Statute.
12 The Vienna Convention on the Law of Treaties between States and International Organizations or Between International Organizations (Art. 85 – “The present Convention shall enter into force on the thirtieth day following the date of deposit of the thirty-fifth instrument of ratification or accession by States or by Namibia, represented by the United Nations Council for Namibia.”).
13 See UN Resolution 1593 referring the atrocities committed in Dafur to the ICC, in which an arrest warrant was issued against Sudanese leader Omar al-Bashir in 2009.
16 Section 232, Constitution of the Republic of South Africa.
17 See South Africa’s Implementation of the Rome Statute of the International Criminal Court Act, Schedule 1, Parts 1, 2 & 3.
19 Libya v. United States 1992 I.C.J. Rep. 114 (April 14) at para. 42.
22 There is nothing under the Rome Statute preventing the ICC or OTP to contract with other organizations, including major police agencies specializing in complex investigations, such as, the FBI, Scotland Yard, RCMP, Interpol, among others.
23 See Herve Ladsous, Under-Secretary-General, Department of Peacekeeping Operations, Press Conference dated February 6, 2013 (stating “I would mention the deployment of Unmanned Aerial Vehicles for surveillance purpose in the Kivus, which was given an okay by the Security Council and that certainly will improve our situational awareness and I am sure will exert some deterrent over all those people who move around with bad intentions in that particular area.”), available at https://www.un.org/en/peacekeeping/articles/USG%20Ladsous.PC.transcript.060213.final.rtf.pdf>.
24 Art. 63(1) of the Rome Statute stating, “The accused shall be present during the trial.” The word “shall” makes this condition mandatory. Cf. to the Special Tribunal for Lebanon where trials in absentia are permitted under the Lebanese judicial system.
25. Raymond De Goijer is an international human rights lawyer based in the Netherlands. This section draws from his suggestion of a dual IHR and HRL model, so when the Special Task Force is operating in a conflict region, Rules of Engagement would be observed by separating combatants from non-combatants. But when STF is operating outside of armed conflict, human rights norms would be observed.
26. International humanitarian law is a set of rules that regulates armed conflict while separating combatants from non-combatants.
27. Prosecutor v. Tadic, Case No. IT-94-1 Decision on the Defence Motion for Interlocutory Appeal on Jurisdiction, para. 70 (October 2, 1995).
28. Covers conflicts between those groups competing for power within a State when the government is not a party or has ceased to exist, or in civil wars where rebel forces do not exercise territorial control or do not have a formal command structure.
29. Applies to a conflict between a State’s armed forces and rebels or dissident factions with the borders of that State.
30. Omar al-Bashir; Joseph Kony; Vincette Otti; Ahmed Haroun; Ali Kushayb; Abdel Rahim Hussein; Sylvestre Mudacumura; Walter Borasa; Okot Odhiambo (believed to have died); and Raska Lukwiya (died in 2006).

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Short Titles 'Civil Rights Act of 1991'."
Source Credit R.S. §1977; Pub. L. 102-166, title I, §101, Nov. 21, 1991, 105 Stat. 1071.
For purposes of this section, the term "make and enforce contracts" includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship.
R.S. §1977 derived from act May 31, 1870, ch. 114, §16, 16 Stat. 144.
Section was formerly classified to section 41 of Title 8, Aliens and Nationality.
1991—Pub. L. 102–166 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).
"(a) In General.—Except as otherwise specifically provided, this Act [see Short Title of 1991 Amendment note below] and the amendments made by this Act shall take effect upon enactment [Nov. 21, 1991].
"(b) Certain Disparate Impact Cases.—Notwithstanding any other provision of this Act, nothing in this Act shall apply to any disparate impact case for which a complaint was filed before March 1, 1975, and for which an initial decision was rendered after October 30, 1983."
Pub. L. 102–166, §1, Nov. 21, 1991, 105 Stat. 1071, provided that: "This Act [enacting section 1981a of this title and sections 60l and 1201 to 1224 of Title 2, The Congress, amending this section and sections 1988, 2000e, 2000e–1, 2000e–2, 2000e–4, 2000e–5, 2000e–16, 12111, 12112, and 12209 of this title, and section 626 of Title 29, Labor, and enacting provisions set out as notes under this section and sections 2000e and 2000e–4 of this title, and section 1a–5 of Title 16, Conservation] may be cited as the 'Civil Rights Act of 1991'."
Pub. L. 94–559, which amended section 1988 of this title, is known as "The Civil Rights Attorney's Fees Awards Act of 1976", see note set out under section 1988 of this title.
Pub. L. 102–166, title IV, §401, Nov. 21, 1991, 105 Stat. 1099, provided that: "If any provision of this Act [see Short Title of 1991 Amendment note above], or an amendment made by this Act, or the application of such provision to any person or circumstances is held to be invalid, the remainder of this Act and the amendments made by this Act, and the application of such provision to other persons and circumstances, shall not be affected."
"(3) legislation is necessary to provide additional protections against unlawful discrimination in employment."
"(4) to respond to recent decisions of the Supreme Court by expanding the scope of relevant civil rights statutes in order to provide adequate protection to victims of discrimination."
Pub. L. 102–166, title I, §105(b), Nov. 21, 1991, 105 Stat. 1075, provided that: "No statements other than the interpretive memorandum appearing at Vol. 137 Congressional Record S 15276 (daily ed. Oct. 25, 1991) shall be considered legislative history of, or relied upon in any way as legislative history in construing or applying, any provision of this Act [see Short Title of 1991 Amendment note above] that relates to Wards Cove—Business necessity/cumulation/alternative business practice."
Pub. L. 102–166, title I, §116, Nov. 21, 1991, 105 Stat. 1079, provided that: "Nothing in the amendments made by this title [enacting section 1981a of this title and amending this section, sections 1988, 2000e, 2000e–1, 2000e–2, 2000e–4, 2000e–5, 2000e–16, 12111, and 12112 of this title, and section 626 of Title 29, Labor] shall be construed to affect court-ordered remedies, affirmative action, or conciliation agreements, that are in accordance with the law."
Pub. L. 102–166, title I, §118, Nov. 21, 1991, 105 Stat. 1081, provided that: "Where appropriate and to the extent authorized by law, the use of alternative means of dispute resolution, including settlement negotiations, conciliation, facilitation, mediation, factfinding, minitrials, and arbitration, is encouraged to resolve disputes arising under the Acts or provisions of Federal law amended by this title [enacting section 1981a of this title and amending this section, sections 1988, 2000e, 2000e–1, 2000e–2, 2000e–4, 2000e–5, 2000e–16, 12111, and 12112 of this title, and section 626 of Title 29, Labor]."
Ex. Ord. No. 13050, June 13, 1997, 62 F.R. 32987, which established the President's Advisory Board on Race, was revoked by Ex. Ord. No. 13138, §3(e), Sept. 30, 1999, 64 F.R. 53880, formerly set out as a note under section 14 of the Appendix to Title 5, Government Organization and Employees.


The following plans and reports were submitted under the Land Recycling and Environmental Remediation Standards Act (35 P. S. §§ 6026.101--6026.908).
Provisions of Chapter 3 of the Land Recycling and Environmental Remediation Standards Act (act) require the Department of Environmental Protection (Department) to publish in the Pennsylvania Bulletin a notice of submission of plans and reports. A final report is submitted to document cleanup of a release of a regulated substance at a site to one of the act's remediation standards. A final report provides a description of the site investigation to characterize the nature and extent of contaminants in environmental media, the basis for selecting the environmental media of concern, documentation supporting the selection of residential or nonresidential exposure factors, a description of the remediation performed and summaries of sampling analytical results which demonstrate that remediation has attained the cleanup standard selected. Submission of plans and reports, other than the final report, shall also be published in the Pennsylvania Bulletin. These include the remedial investigation report, risk assessment report and cleanup plan for a Site-Specific Standard remediation. A remedial investigation report includes conclusions from the site investigation, concentration of regulated substances in environmental media; benefits of refuse of the property and, in some circumstances, a fate and transport analysis. If required, a risk assessment report describes potential adverse effects caused by the presence of regulated substances. If required, a cleanup plan evaluates the abilities of potential remedies to achieve remedy requirements.
For further information concerning plans or reports, contact the Environmental Cleanup Program manager in the Department regional office after which the notice of receipt of plans or reports appears. If information concerning plans or reports is required in an alternative form, contact the Community Relations Coordinator at the appropriate regional office. TDD users may telephone the Department through the AT&T Relay Service at (800) 654-5984.
Southeast Region: Environmental Cleanup Program Manager, 2 East Main Street, Norristown, PA 19401.
Vacant Lot Philadelphia, City of Philadelphia, Philadelphia County. Emily Cleaver, Kleinfelder, 800 East Washington Street, West Chester, PA 19380, Matt Overbaugh, 800 East Washington Street, West Chester, PA 19380 on behalf of Craig Pierre, Presby's Inspired Life, 2000 Joshua Road, Lafayette Hill, PA 19444 has submitted a Final Report concerning remediation of site soil contaminated with lead and PAH. The report is intended to document remediation of the site to meet the Statewide Health Standards.
Fitzpatrick & Son and Joseph Massino, Abington Township, Montgomery County. Staci Cottone, J & J Spill Svc. & Supplies, Inc., P. O. Box 370, Blue Bell, PA 19422 on behalf of James Fitzpatrick, 2542 Jenkintown Road, Glenside, PA 19038, Joseph Masino, 475 Tyson Avenue, Glenside, PA 19038 has submitted a Final Report concerning remediation of site soil contaminated with unleaded gasoline. The report is intended to document remediation of the site to meet the Statewide Health Standards.
Toll Integrated System, Morrisville Borough, Bucks County. Mark Fortna, DelVal Soil & Environmental Consultants, Inc., Sky Run II, Suite A1, 4050 Skyron Drive, Doylestown, PA 18901 on behalf of Brian Hunter, Toll Integrated Systems, 449 South Pennsylvania Avenue, Yardley, PA 19067 has submitted a Remedial Investigation Report concerning the remediation of site soil contaminated with inorgancis. The report is intended to document remediation of the site to meet the Site-Specific Standards.
Northeast Region: Ronald S. Brezinski, Regional Environmental Cleanup Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790.
David Cardona Property, Lehigh Township, Northampton County. Donald Rood, J. Rockwood & Associates, Inc., P. O. Box 1006, Easton, PA 18044-1006 has submitted a Final Report (on behalf of his client David Cardona, 3737 Lehigh Drive, Northampton, PA 18067), concerning the remediation of soils and groundwater found or suspected to have been impacted by fuel oil as a result of an accidental release. The report was submitted to document attainment of the Statewide Health Standard. The future use of the property will remain residential. A public notice regarding the final report's submission is expected to be published in a local newspaper serving the general area sometime in the near future.
Southcentral Region: Environmental Cleanup Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.
Clay's Service Station/Former Exxon Station No. 2-3303, Mechanicsburg Borough, Cumberland County. Groundwater & Environmental Services, Inc., 400 Creamery Way, Suite 500, Exton, PA 19341, on behalf of James Clay, Clay's Service Center, 138 West Main Street, Mechanicsburg, PA 17055-6229 and Exxon Mobil Corporation, 7715 Crittenden Street, No. 309, Philadelphia, PA 19118-4421, submitted a Remedial Investigation Report, Risk Assessment and a Cleanup Plan concerning remediation of site soils and groundwater contaminated with BTEX. The reports and plan are intended to document remediation of the site to the Site-Specific and Statewide Health Standards.
Northcentral Region: Environmental Cleanup Program Manager, 208 West Third Street, Williamsport, PA 17701.
PIDA--(Former Branch Motor Express Co.), Delaware Township, Northumberland County. Gannett Fleming, 207 Senate Avenue, Camp Hill, PA 17011 on behalf of PIDA, 400 North Street, 4th Floor, Commonwealth Keystone Building, Harrisburg, PA 17120 has submitted a Final Report concerning remediation of site soil contaminated with cumene, ethyl benzene, fluorene, naphthalene and phenanthrene and groundwater contaminated with benzene, cumene, ethyl benzene, fluorene, naphthalene, phenanthrene, toluene and xylenes. The report is intended to document remediation of the site to meet the Statewide Health Standard.
Southwest Region: Environmental Cleanup Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
National Torch Tips (Former), O'Hara Township, Allegheny County. Charlene R. Drake, React Environmental Professional Services Group, Inc., P. O. Box 5377, 6901 Kingsessing Avenue, Suite 201, Philadelphia, PA 19142-0377 (on behalf of Peter Sukernek, Howard Hanna Company, Koppers Building, Pittsburgh, PA 15219, and Jonathan Kamin, 50 Freeport Partners, 101 Freeport Road, Pittsburgh, PA 15215) has submitted a Remedial Investigation Report, Risk Assessment Report and a Cleanup Plan concerning remediation of site soil and groundwater contaminated with chlorinated solvents, TCE, PCE, CIS-Dichloroethylene. The reports are intended to document remediation of the site to meet the Site-Specific Standard.
Edgewater Steel Property, Borough of Oakmont, Allegheny County. Frank W. Benacquista, P. G., KU Resources, Inc., 22 South Linden Street, Duquesne, PA 15110 (on behalf of Maureen Ford, RIDC, 425 Sixth Avenue, Suite 500, Pittsburgh, PA 15219) has submitted a combined Risk Assessment Report/Cleanup Plan concerning remediation of site soil and groundwater contaminated with lead, heavy metals, solvents and SVOCs. The reports are intended to document remediation of the site to meet the Site-Specific Standard.
Tri-State Petroleum Corp., Exxon No. 22369, City of Pittsburgh, Allegheny County. Heather W. Gawne, CORE Environmental Services, Inc., 4068 Mount Royal Boulevard, Allison Park, PA 15101 (on behalf of Brian Clinton, Paradise Development Company, 115 Federal Street, Suite 200, Pittsburgh, PA 15212 and Colleen McGlinn, Tri-State Petroleum Corporation, North 27th and Vance Avenues, Wheeling, WV 26003) has submitted a Final Report concerning remediation of site soil contaminated with PAHs. The report is intended to document remediation of the site to meet the Statewide Health Standard.
Northwest Region: Environmental Cleanup Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.
ARG Refinery, City of Bradford, McKean County. Conestoga-Rovers & Associates, 651 Colby Drive, Waterloo, Ontario, Canada N2V 1C2, on behalf of ARG Refining Group, Inc., 77 North Kendall Avenue, Bradford, PA 16701 has submitted Risk Assessment and Remedial Investigation Reports concerning remediation of site soils contaminated with petroleum refining related compounds including, but not limited to, benzene, toluene, ethyl benzene, xylenes, benzo(a)pyrene, arsenic, cadmium, lead and site groundwater contaminated with petroleum refining related compounds including, but not limited to, benzene, toluene, ethyl benzene, xylenes, arsenic, iron, aluminum, cadmium, lead and chlorinated hydrocarbons. The reports are intended to document remediation of the site to meet the Site-Specific Standard.
The Department has taken action on the following plans and reports under the Land Recycling and Environmental Remediation Standards Act (35 P. S. §§ 6026.101--6026.908).
Provisions of 25 Pa. Code § 250.8, administration of the Land Recycling and Environmental Remediation Standards Act (act), require the Department of Environmental Protection (Department) to publish in the Pennsylvania Bulletin a notice of final actions on plans and reports. A final report is submitted to document cleanup of a release of a regulated substance at a site to one of the remediation standards of the act. A final report provides a description of the site investigation to characterize the nature and extent of contaminants in environmental media, the basis of selecting the environmental media of concern, documentation supporting the selection of residential or nonresidential exposure factors, a description of the remediation performed and summaries of sampling methodology and analytical results which demonstrate that the remediation has attained the cleanup standard selected. Plans and reports required by provisions of the act for compliance with selection of remediation to a Site-Specific Standard, in addition to a final report, include a remedial investigation report, risk assessment report and cleanup plan. A remedial investigation report includes conclusions from the site investigation, concentration of regulated substances in environmental media, benefits of refuse of the property and, in some circumstances, a fate and transport analysis. If required, a risk assessment report describes potential adverse effects caused by the presence of regulated substances. If required, a cleanup plan evaluates the abilities of potential remedies to achieve remedy requirements. A work plan for conducting a baseline remedial investigation is required by provisions of the act for compliance with selection of a special industrial area remediation. The baseline remedial investigation, based on the work plan, is compiled into the baseline environmental report to establish a reference point to show existing contamination, describe proposed remediation to be done and include a description of existing or potential public benefits of the use or reuse of the property. The Department may approve or disapprove plans and reports submitted. This notice provides the Department's decision and, if relevant, the basis for disapproval.
For further information concerning the plans and reports, contact the Environmental Cleanup Program manager in the Department regional office before which the notice of the plan or report appears. If information concerning a final report is required in an alternative form, contact the Community Relations Coordinator at the appropriate regional office. TDD users may telephone the Department through the AT&T Relay Service at (800) 654-5984.
Malvern Preparatory School, Malvern Borough, Chester County. Richard Werner, Environmental Consulting, Inc., 500 East Washington Street, Norristown, PA 19401, Tom McMenamin, Monster Fuel, LLC, P. O. Box 100, Blue Bell, PA 19422 on behalf of Ted Caniglia, Malvern Preparatory School, 418 South Warren Avenue has submitted a Final Report concerning the remediation of site soil contaminated with diesel fuel. The Final report demonstrated attainment of the Statewide Health Standards and was approved by the Department of Environmental Protection on July 27, 2007.
Millcraft Shade Shop Property, Lower Merion Township, Montgomery County. Mark Irani, Land Recycling Solution, LLC, 3101 Mt. Carmel Avenue, Suite 3, Glenside, PA 19038 on behalf of William Kraft, Millcraft Shade Shop Inc., 455 Penn Avenue, Glenside, PA 19038 has submitted a Final Report concerning the remediation of site soil contaminated with No. 2 fuel oil. The Final report demonstrated attainment of the Statewide Health Standards and was approved by the Department of Environmental Protection on July 30, 2007.
Twin Silo Farm, Plumstead Township, Bucks County. Jeffery Walsh, Penn Env. & Remediation Inc., 2755 Bergery Road, Hatfield, PA 19440 on behalf of Jonathan Reiss, Plumstead Township, 5186 Sump Road, Plumsteadville, PA 18949 has submitted a Final Report concerning the remediation of site soil and groundwater contaminated with No. 2 fuel oil. The Final report demonstrated attainment of the Statewide Health Standards and was approved by the Department of Environmental Protection on July 31, 2007.
Bridgeview Site, Borough of Montgomery, Montgomery County. Jonathan Spergel, Manko, Gold, Kathcher & Fox, LLP, 401 City Line Avenue, Suite 500, Bala Cynwyd, PA 19004 on behalf of Brain Finnegan, Bridgeview Development, LP, 2701 Renaissance Boulevard, 4th Floor, King of Prussia, PA 19406 has submitted a Final Report concerning the remediation of site soil and groundwater contaminated with leaded gasoline. The Final report did not demonstrate attainment of the Site- Specific Standards and was disapproved by the Department of Environmental Protection on July 31, 2007.
Pirone Residence, City of Allentown, Lehigh County. Richard D. Trimpi, Trimpi Associates, Inc., 1635 Old Plains Road, Pennsburg, PA 18073 submitted a Response Package Report (on behalf of his clients, Richard and Olga Pirone, 1037 North 21st Street, Allentown, PA 18104) concerning the remediation of soils impacted with No. 2 fuel oil as a result of a filter connection error on the No. 2 fuel oil heating system. The report documented attainment of the Residential Statewide Health Standard for soils and was approved on July 30, 2007.
Bud Friend, Inc., Emmaus Borough, Lehigh County. Brian Evans, B & B Diversified Enterprises, Inc., P. O. Box 188, Gwynedd, PA 19436 submitted a Final Report (on behalf of his clients, Arland and Judith Friend, 700 Chestnut Street, Emmaus, PA 18049), concerning the remediation of soil found to have been impacted by used motor oil as a result of drum storage and petroleum, that was related to an unregulated storage tank. The report documented attainment of the Statewide Health Standard for soils and was approved on August 3, 2007. Soil liability release applies only to those parameters tested.
George Hochwarter Residence, Palmer Township, Northampton County. Thomas J. Martinelli, JMT Environmental Technologies, Inc., P. O. Box 22044, Lehigh Valley, PA 18002-2044 submitted a Final Report (on behalf of his client, George Hochwarter, 104 Old Orchard Drive, Easton, PA 18048), concerning the remediation of soils found to have been impacted by No. 2 Heating Oil as a result of an overfill to an unregulated storage tank. The report documented attainment of the Residential Statewide Health Standard for soils and was approved on July 27, 2007.
Seedway, Inc.,--Spring Garden Facility, Spring Garden Township, York County. Groundwater Sciences Corporation, 2601 Market Place Street, Suite 310, Harrisburg, PA 17110, on behalf of Growmark F.S., Inc., 1701 Towanda Avenue, P. O. Box 2500, Bloomington, IL 61702-2500, submitted a combined Remedial Investigation and Final Report concerning the remediation of site soils and groundwater contaminated with herbicide spilled from a rail car. The final report demonstrated attainment of the Site-Specific Standard, and was approved by the Department of Environmental Protection on July 31, 2007.
Application received under the Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003), the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. §§ 4000.101--4000.1904) and Regulations to Operate Solid Waste Processing or Disposal Area or Site.
Southcentral Region: Regional Solid Waste Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.
RecOil, Inc., Bedford Township, Bedford County, Permit No. 301343. This is a major permit modification to Solid Waste Permit No. 301343 for the operation of RecOil, Inc., issued in accordance with Article V of the Solid Waste Management Act, 35 P. S. § 6018.101, et seq. This modification approves an increase in storage capacity and an increase in daily waste acceptance. Compliance with the terms and conditions set forth in the permit is mandatory. Individuals have the right to file an appeal as to those terms and conditions.
General Permit Renewal Issued under the Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003); the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. §§ 4000.101--4000.1904); and Residual Waste Regulations for a General Permit to Operate Residual Waste Processing Facilities and/or the Beneficial Use of Residual Waste Other Than Coal Ash.
Central Office. Division of Municipal and Residual Waste, Rachel Carson State Office Building, 14th Floor, 400 Market Street, Harrisburg, PA 17105-8472.
General Permit No. WMGR028. The Department of Environmental Protection (Department), Bureau of Waste Management has renewed the Statewide residual waste General Permit WMGR028. The WMGR028 was renewed for the beneficial use of baghouse fines and scrubber pond precipitates, generated by hot mixed asphalt plants, as (i) an aggregate in roadway construction, (ii) an ingredient or component in cement or asphalt products, (iii) a soil additive and (iv) a soil conditioner. The proposed renewal of WMGR028 was published in the 37 Pa. B., 2318 (May 19, 2007). The WMGR028 has been finalized and renewed as a Statewide residual waste general permit. The general permit renewal was issued by the Central Office on August 1, 2007.
Persons interested in obtaining more information, or obtaining copies of the general permit should contact Ronald C. Hassinger, Chief, General Permits and Beneficial Use Section, Division of Municipal and Residual Waste, Bureau of Land Recycling and Waste Management, Rachel Carson State Office Building, P. O. Box 8472, Harrisburg, PA 17105-8472, (717) 787-7381. TDD users should contact the Department through the Pennsylvania Relay Service, (800) 654-5984.
General Plan Approval and Operating Permit Usage Authorized under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and 25 Pa. Code Chapter 127 to construct, modify, reactivate or operate air contamination sources and associated air cleaning devices.
Northeast Region: Air Quality Program, 2 Public Square, Wilkes-Barre, PA 18711-0790, Mark Wejkszner, New Source Review Chief, (570) 826-2531.
48-310-071GP3: Brandenburg Industries Service Co. (2217 Spillman Drive, Bethlehem, PA 18015) on July 31, 2007, to construct and operate a Portable Crushing Operation with watersprays at their site in Bethlehem, Northampton County.
48-329-004GP9: Brandenburg Industries Service Co. (2217 Spillman Drive, Bethlehem, PA 18015) on July 31, 2007, to install and operate a Diesel I/C Engine at their site in Bethlehem, Northampton County.
Plan Approvals Issued under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and regulations in 25 Pa. Code Chapter 127, Subchapter B relating to construction, modification and reactivation of air contamination sources and associated air cleaning devices.
Southeast Region: Air Quality Program, 2 East Main Street, Norristown, PA 19401, Thomas McGinley, New Source Review Chief, (484) 250-5920.
46-0264: Caddick Construction Co., Inc. (7147 Camp Hill Road, Fort Washington, PA 19034) on August 1, 2007, to operate a new nonmetallic mineral processing plant in Whitemarsh Township, Montgomery County.
46-0198L: Blommer Chocolate Co. (1101 Blommer Drive, East Greenville, PA 18041) on August 7, 2007, to operate an aspiration box and baghouse in Upper Hanover Township, Montgomery County.
15-0037B: Oberthur Card System, Inc. (523 James Hance Court, Exton, PA 19341) on August 7, 2007, to operate two replacement screen presses in West Whiteland Township, Chester County.
Northcentral Region: Air Quality Program, 208 West Third Street, Williamsport, PA 17701, David Aldenderfer, Program Manager, (570) 327-3637.
18-315-002B: First Quality Products, Inc. (P. O. Box 270, McElhattan, PA 17748) on July 3, 2007, to construct two adult brief machines in Wayne Township, Clinton County.
Northwest Region: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481, George Monasky, New Source Review Chief, (814) 332-6940.
37-264G: Ellwood Quality Steels Co. (700 Moravia Street, New Castle, PA 16101) on August 1, 2007, to increase production at their Melt Shop facility in the City of New Castle, Lawrence County. This plan approval is subject to the Prevention of Significant Deterioration requirements for CO.
10-309D: MultiServ (Route 8 South, Butler, PA 16003) on August 1, 2007, to install a torch cutting operation exhausted to a 50,000 ACFM fabric filter at the AK Steel site in South Butler, Butler County. This is not a Title V facility.
Plan Approval Revisions Issued including Extensions, Minor Modifications and Transfers of Ownership under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and 25 Pa. Code §§ 127.13, 127.13a and 127.32.
09-0134C: Reed Minerals (P. O. Box 8888, Camp Hill, PA 17001) on August 2007, to operate a replacement dust collector in Falls Township, Bucks County.
46-0180: Transicoil Corp. (9 Iron Bridge Drive, Collegeville, PA 19426) on August 1, 2007, to operate a three solvert vapor degreasers in Perkiomen Township, Montgomery County.
46-0180A: Transicoil Corp. (9 Iron Bridge Drive, Collegeville, PA 19426) on August 1, 2007, to operate a methanol glass cleaning in Perkiomen Township, Montgomery County.
46-0242A: BAE Systems Information and Electronics Systems Integration, Inc. (305 Richardson Road, Lansdale, PA 19446) on July 30, 2007, to operate on a F E Emission Cap/NOx in Montgomery Township, Montgomery County.
09-0007B: Waste Management Disposal Services of PA, Inc. (1000 New Ford Mill Road, Morrisville, PA 19067) on August 1, 2007, to operate a flare to back-up control device in Falls Township, Bucks County.
09-0024E: Waste Management Disposal Services of PA, Inc. (1000 New Ford Mill Road, Morrisville, PA 19067) on August 1, 2007 to operate a flare to back-up control device in Tullytown Borough, Bucks County.
23-0003E: ConocoPhillips Co. (1400 Park Avenue, Linden, NJ 07036) on August 1, 2007, to operate a gasoline and diesel desulfurization in Trainer Borough, Delaware County.
46-0091: Sunoco Partners Marketing and Terminal, LP (525 Fritztown Road, Sinking Springs, PA 19608) on August 7, 2007 to operate a vapor combustion unit in Upper Moreland Township, Montgomery County.
09-0048C: Haines and Kibblehouse--H and K Materials Div. (P. O. Box 196, 2052 Lucon Road, Skippack, PA 19474) on August, 3, 2007, for operation of a Hot Mix Asphalt in Hilltown Township, Bucks County.
15-0004F: Alcoa Packaging, LLC (520 Lincoln Avenue, Downingtown, PA 19335) on July 31, 2007, to operate a replacement of unwind stand in Downingtown Borough, Chester County.
Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110, Ronald Davis, New Source Review Chief, (717) 705-4702.
36-03075A: City of Lancaster AWWTP (120 North Duke Street, Lancaster, PA 17608-1599) on August 1, 2007, to install a lime stabilization system at their wastewater treatment facility in Lancaster Township, Lancaster County. This plan approval was extended.
36-05019G: Anvil International, Inc. (1411 Lancaster Avenue, Columbia, PA 17512-1939) on August 6, 2007, to construct a new molding line at their foundry in Columbia Borough, Lancaster County. This plan approval was extended.
10-345B: Allegheny Mineral Corporation--Murrinsville Plant (102 Van Dyke Road, Harrisville, PA 16038) on July 31, 2007, to modify plan approval 10-345A conditions with regards to the rated capacity and the facility throughput limitation in Marion Township, Butler County.
16-132C: Clarion Boards, Inc. (143 Fiberboard Road, Box 340, Shippensville, PA 16245) on July 31, 2007, to replace an existing prefilter with a TurboVenturi Scrubber in Paint Township, Clarion County. The facility is a Title V Facility.
61-185C: Heath Oil Co. (SR 8, Barkeyville, PA 16038) on July 31, 2007, for post construction approval of the bulk storage terminal, tank wagon loading rack and vapor balancing and burn off system in Barkeyville Borough, Venango County. This is a State-only facility.
16-132E: Clarion Boards, Inc. (143 Fiberboard Road, Shippenville, PA 16254) on July 31, 2007, to install a finishing line in Paint Township, Clarion County.
Title V Operating Permits Issued under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and 25 Pa. Code Chapter 127, Subchapter G.
Southeast Region: Air Quality Program, 2 East Main Street, Norristown, PA 19401, Edward Jurdones Brown, Facilities Permitting Chief, (484) 250-5920.
15-00027: Johnson Matthey, Inc. (456 Devon Park Drive, Tredyffrin Township, PA 19087) on August 7, 2007, for renewal of the Title V Operating Permit in Tredyffrin Township, Chester County. The initial permit was issued on October 24, 2001. The company manufactures inserts for automotive and industrial catalytic converters. As a result of potential emissions of NOx and VOC, the facility is a major stationary source as defined in Title I, Part D of the Clean Air Act Amendments, and is therefore subject to the Title V permitting requirements adopted in 25 Pa. Code Chapter 127, Subchapter G. The proposed Title V Operating Renewal does not reflect any change in air emissions from the facility. The facility is subject to the Compliance Assurance Monitoring regulation under 40 CFR Part 64. The renewal contains all applicable requirements including monitoring, recordkeeping and reporting.
Operating Permits for Non-Title V Facilities Issued under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and 25 Pa. Code Chapter 127, Subchapter F.
06-03140: McNeilus Truck and Manufacturing, Inc. (941 Hemlock Road, P. O. Box 219, Morgantown, PA 19543) on August 1, 2007, to operate a heavy duty truck coating operation controlled by dry filters in Caernarvon Township, Berks County.
38-03044: Conrad Enterprises, Inc. (P. O. Box 656, Cornwall, PA 17016-0656) on July 31, 2007, to operate of a roll-off waste container fabrication facility in Cornwall Borough, Lebanon County.
36-05087: Morgan Corporat (35 Thousand Oaks Boulevard, Morgantown, PA 19543-8838) on July 31, 2007, to operate their truck body manufacturing facility in Ephrata Borough, Lancaster County. This is a renewal of the State-only operating permit.
53-00013: C.A. Elliott Lumber Co., Inc. (P. O. Box 260, Roulette, PA 16746) on July 3, 2007, to operate a lumber manufacturing facility in Roulette Township, Potter County.
41-00070: PMF Industries, Inc. (2601 Reach Road, Williamsport, PA 17701) on July 3, 2007, to operate a metal parts fabrication facility in the City of Williamsport, Lycoming County.
14-00036: Gensimore Trucking, Inc.--Happy Valley Blended Products, LLC (P. O. Box 5303, Pleasant Gap, PA 16823) on July 5, 2007, to operate a bulk cement blending facility in Spring Township, Centre County.
60-00012: Ritz-Craft Corp. of PA, Inc. (15 Industrial Park Road, Mifflinburg, PA 17844) on July 10, 2007, to operate a mobile/modular home manufacturing facility in Mifflinburg Borough, Union County.
19-00030: Sokol Quarries, Inc. (P. O. Box 366, Bloomsburg, PA 17815) on July 10, 2007, to operate a sand and gravel plant in Fishing Creek Township, Columbia County.
Southwest Region: Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, Barbara Hatch, Facilities Permitting Chief, (412) 442-4174.
32-00101: Halliburton Energy Services (10200 Bellaire Boulevard, Houston, TX 77072) on July 23, 2007, for State-only Operating Permit for a facility that supplies the oil and gas industry with specially blended cements used in the completion of oil and gas well drilling operations. The facility operates sand silos, cement tanks, hydrochloric acid tanks and is equipped with dust collectors and small scrubbers in Homer City, PA, Indiana County.
32-00230: Texas Eastern Transmission, LP (P. O. Box 1642, Houston, TX 77251) on July 24, 2007, for a compressor station operating a turbine, emergency generator and a small natural gas fired heater. The facility recompresses and moves natural gas through transmission pipelines. The facility is taking a restriction of 25 tons of NOx per the ozone season at the facility. This along with other yearly limits established in the operating permit will restrict the facility from being considered a major source thus a synthetic minor. Armagh Compressor Station is in New Florence, PA, Indiana County.
11-00325: Maple Coal Co. (2591 Wexford-Bayne Road, Suite 204, Sewickley, PA 15143) on August 3, 2007, for a State-only operating permit to operate the Colver Refuse Processing Plant in Barr and Blacklick Townships, Cambria County.
Northwest Region: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481, Matthew Williams, Facilities Permitting Chief, (814) 332-6940.
10-00030: Concast Metal Products Co. (131 Myoma Road, Mars, PA 16046) on July 25, 2007, to reissue a Natural Minor Permit to operate a secondary nonferrous metal melting and casting facility in Adams Township, Butler County. The significant emitting sources include induction furnaces 1 and 2 and associated casters, etc., No. 3 electric furnace with two associated casters, machine shop and diesel emergency generator.
33-00085: Symmco Inc.--Sykesville (101 South Park Street, Sykesville, PA 15865-0039) on July 16, 2007, for reissuance of a Natural Minor Operating Permit, to operate a primary metal products manufacturing facility in Sykesville Borough, Jefferson County. The significant source included 20" iron sintering furnace, steam treater, pusher type heat treat furnace. The facility is natural minor because the emission is less than Title V threshold.
20-00268: Tedes Co. (614 Baldwin Street, Meadville, PA 16335-1611) on July 24, 2007, to reissue of a Natural Minor Operating Permit to operate a cremator in the City of Meadville, Crawford County. The facility's primary emission source is an incinerator that is fueled using natural gas.
43-00152: Sharon Tube Co.--Sharon Facility (134 Mill Street, Sharon, PA) on July 24, 2007, to reissue a Synthetic Minor Permit to operate a Steel Pipe and Tubing Manufacturing Plant in the City of Sharon, Mercer County.
Operating Permit Revisions Issued including Administrative Amendments, Minor Modifications or Transfers of Ownership under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and 25 Pa. Code §§ 127.412, 127.450, 127.462 and 127.464.
06-03011: Giles and Yeckley Funeral Home and Crematorium, Inc. (21 Chestnut Street, Mohnton, PA 19540-1926) on August 1, 2007, to operate two human crematories controlled by secondary combustion chambers in Mohnton Borough, Berks County. This operating permit was administratively amended due to a change of ownership. This is revision No. 1.
Actions on applications under the Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1396.1--1396.19a); the Noncoal Surface Mining Conservation and Reclamation Act (52 P. S. §§ 3301--3326); The Clean Streams Law (35 P. S. §§ 691.1--691.1001); the Coal Refuse Disposal Control Act (52 P. S. §§ 30.51--30.66); and The Bituminous Mine Subsidence and Land Conservation Act (52 P. S. §§ 1406.1--1406.21). The final action on each application also constitutes action on the request for 401 Water Quality Certification and the NPDES permit application. Mining activity permits issued in response to the applications will also address the application permitting requirements of the following statutes: the Air Quality Control Act (35 P. S. §§ 4001--4015); the Dam Safety and Encroachments Act (32 P. S. §§ 693.1--693.27); and the Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003).
California District Office: 25 Technology Drive, Coal Center, PA 15423, (724) 769-1100.
Permit Number 30831303 and NPDES Permit No. PA0013511, Cumberland Coal Resources, LP, 158 Portal Road, P. O. Box 1020, Waynesburg, PA 15370, to revise the permit for the Cumberland Mine in Center, Franklin and Wayne Townships, Greene County to add acreage for the west longwall expansion. Pursley Creek and Turkey Hollow Creek may be affected by this mining. Underground Acres Proposed 3,005.0, Subsidence Control Plan Acres Proposed 4,341.0. No additional discharges. Application received August 8, 2005. Permit issued July 13, 2009.
Permit Number 63831302 and NPDES Permit No. PA0213608, Eighty Four Mining Company, P. O. Box J, 1525 Pleasant Grove, Claysville, PA 15323, to revise the permit for the Mine No. 84 in West Bethlehem Township, Washington County to add surface acreage to install the 12B bleeder shaft facility. Surface Acres Proposed 16.3. No additional discharges. Application received October 19, 2006. Permit issued August 2, 2007.
56663069 and NPDES No. PA0120944. Action Mining, Inc., 1117 Shaw Mines Road, Meyersdale, PA 15552-7228, revision of an existing bituminous surface auger-limestone removal mine to amend an existing variance on the 100 foot stream barrier of a UNT to the Casselman River and revise the reclamation plan to include a variance to approximate original contour backfilling on a portion of the site in Elk Lick and Summit Townships, Somerset County, affecting 3040.0 acres. Receiving streams: UNT of/and to the Casselman River; UNT of/and to Elk Lick Creek classified for the following use: CWF. There are no potable water supply intakes within 10 miles downstream. Application received August 2, 2006. Permit issued July 31, 2007.
Knox District Mining Office: P. O. Box 669, 310 Best Avenue, Knox, PA 16232-0669, (814) 797-1191.
61970101 and NPDES Permit No. PA0227358. Ben Hal Mining Company, 389 Irishtown Road, Grove City, PA 16127, renewal of an existing bituminous strip operation in Irwin Township, Venango County affecting 66.5 acres. Receiving streams: Four UNTs to Scrubgrass Creek. Application received May 9, 2007. Permit issued August 1, 2007.
33010105 and NPDES Permit No. PA0242004. Amerikohl Mining, Inc. (202 Sunset Drive, Butler, PA 16001, renewal of an existing bituminous strip and auger operation in Young and McCalmont Townships, Jefferson County affecting 204.6 acres. This renewal is issued for reclamation only. Receiving stream: Elk Run. Application received June 4, 2007. Permit issued August 2, 2007.
17910114 and NPDES No. PA0206628. River Hill Coal Co, Inc., P. O. Box 141, Kylertown, PA 16847, revision of an existing bituminous surface mine to reduce acreage in Karthaus Township, Clearfield County, affecting 4.0 acres. Receiving streams: UNT to Dutch Hollow Run to Mosquito Creek to West Branch Susquehanna River, classified for the following use: CWF. There are no potable water supply intakes within 10 miles downstream. Application received July 16, 2007. Permit issued July 26, 2007.
Greensburg District Mining Office: Armbrust Professional Center, 8205 Route 819, Greensburg, PA 15601, (724) 925-5500.
26042802. Mon River Energy Corporation, P. O. Box 466, Brier Hill, PA 15415, permit revised to authorize a stream variance to conduct mining activities within 100 feet of a UNT to Saltlick Run at an existing small noncoal mining operation located in Redstone and Menallen Townships, Fayette County, affecting 10 acres. Receiving streams: Saltlick Run to Dunlap Creek. Application received May 31, 2007. Revised permit issued July 31, 2007.
10040301. Raducz Stone Corporation, 284 Rockdale Road, Butler, PA 16001, revision to an existing shale and sandstone operation to add 6.5 in Penn Township, Butler County. New SMP acreage is 33.5 acres. Receiving streams: UNT to Thorn Creek. Application received May 26, 2006. Permit issued July 31, 2007.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, (570) 621-3118.
58070810. Christopher Fiorentino, P. O. Box 226, South Montrose, PA 18843, commencement, operation and restoration of a quarry operation in Springville Township, Susquehanna County affecting 3.0 acres, receiving stream: None. Application received February 2, 2007. Permit issued August 1, 2007.
58070827. Thomas D. Stepniak, R. R. 7, Box 7410, Montrose, PA 18801, commencement, operation and restoration of a quarry operation in Bridgewater Township, Susquehanna County affecting 5.0 acres, receiving stream: none. Application received April 3, 2007. Permit issued August 1, 2007.
52070802. Matthew G. Martin, HC 1, Box 1305, Tafton, PA 18464, commencement, operation and restoration of a quarry operation in Blooming Grove Township, Pike County affecting 5.0 acres, receiving stream: none. Application received April 20, 2007. Permit issued August 1, 2007.
35070803. Robert Schneider, R. R. 2, Box 2390, Factoryville, PA 18419, commencement, operation and restoration of a quarry operation in Benton Township, Lackawanna County affecting 5.0 acres, receiving stream: none. Application received May 2, 2007. Permit issued August 1, 2007.
Actions on applications under the Explosives Acts of 1937 and 1957 (43 P. S. §§ 151--161); and 25 Pa. Code § 211.124 (relating to blasting activity permits). Blasting activity performed as part of a coal or noncoal mining activity will be regulated by the mining permit for that coal or noncoal mining activity.
28074142. M & J Explosives, Inc., P. O. Box 608, Carlisle, PA 17013-0608, blasting activity permit issued for pool/pond development in Greencastle Borough, Franklin County. Blasting activity permit end date is July 31, 2008. Permit issued July 23, 2007.
21074153. David H. Martin Excavating, Inc., 4961 Cumberland Highway, Chambersburg, PA 17201-9655, blasting activity permit issued for commercial development in Southampton Township, Cumberland County. Blasting activity permit end date is December 18, 2008. Permit issued July 24, 2007.
21074155. John W. Gleim, Jr., Inc., 625 Hamilton Street, Carlisle, PA 17013-1925, blasting activity permit issued for utility development in South Middleton Township, Cumberland County. Blasting activity permit end date is December 15, 2007. Permit issued July 24, 2007.
21074156. David H. Martin Excavating, Inc., 4961 Cumberland Highway, Chambersburg, PA 17201-9655, blasting activity permit issued for residential development in Silver Spring Township, Cumberland County. Blasting activity permit end date is December 30, 2008. Permit issued July 24, 2007.
28074143. Warrens Excavating & Drilling, Inc., P. O. Box 1022, Honey Brook, PA 19344-0902, blasting activity permit issued for residential development in Greene Township, Franklin County. Blasting activity permit end date is July 15, 2008. Permit issued July 26, 2007.
11074004. Laurel Management Company, 111 Roosevelt Boulevard, Johnstown, PA 15907, blasting activity permit issued for building site development in Richland Township, Cambria County. Blasting activity permit end date is June 30, 2008. Permit issued August 1, 2007.
02074009. Kesco, Inc., P. O. Box 95, Adrian, PA 16210, blasting activity permit for the Cobble Stone site development, located in Ohio Township, Allegheny County, with an expected duration of 180 days. Permit issued July 30, 2007.
09074119. Rock Work, Inc., 1257 DeKalb Pike, Blue Bell, PA 19422, construction blasting for Preserve at Warrington in Warrington Township, Bucks County with an expiration date of August 1, 2008. Permit issued July 30, 2007.
13074104. Hayduk Enterprises, Inc., 257 Riverside Drive, Factoryville, PA 18419, construction blasting for Laurelwoods at Big Boulder in Kidder Township, Carbon County with an expiration date of July 31, 2008. Permit issued July 30, 2007.
22074121. John W. Gleim, Jr., Inc., 625 Hamilton Street, Carlisle, PA 17013, construction blasting for Arondale Development in West Hanover Township, Dauphin County with an expiration date of December 15, 2007. Permit issued July 30, 2007.
36074181. John W. Gleim, Jr., Inc., 625 Hamilton Street, Carlisle, PA 17013, construction blasting for ALCOA Rail Spur in Manheim Township, Lancaster County with an expiration date of December 15, 2007. Permit issued July 30, 2007.
36074183. Keystone Blasting Service, 381 Reifsnyder Road, Lititz, PA 17543, construction blasting for Willow Valley Medical Center in West Lampeter Township, Lancaster County with an expiration date of October 30, 2007. Permit issued July 30, 2007.
45074146. Hayduk Enterprises, Inc., 257 Riverside Drive, Factoryville, PA 18419, construction blasting for Kettle Ridge Estates in Hamilton Township, Monroe County with an expiration date of July 31, 2008. Permit issued July 30, 2007.
46074115. Douglas Explosives, Inc., P. O. Box 77, Philipsburg, PA 16866, construction blasting for The Village at Valley Forge in Upper Merion Township, Montgomery County with an expiration date of July 30, 2008. Permit issued July 30, 2007.
67074137. J. Roy's, Inc., Box 125, Bowmansville, PA 17507, construction blasting for North American Stainless in Hellam Township, York County with an expiration date of July 20, 2008. Permit issued July 30, 2007.
36074116. Hayduk Enterprises, Inc., 257 Riverside Drive, Factoryville, PA 18419, construction blasting for Greenwood Estates in Moosic Borough, Lackawanna County with an expiration date of July 31, 2008. Permit issued July 31, 2007.
36074117. Hayduk Enterprises, Inc., 257 Riverside Drive, Factoryville, PA 18419, construction blasting for Ed Swartz Road Cut in LaPlume Township, Lackawanna County with an expiration date of July 31, 2008. Permit issued July 31, 2007.
36074182. Warren's Excavating & Drilling, Inc., P. O. Box 1022, Honey Brook, PA 19344, construction blasting for a single dwelling on Wickersham Road in East Hempfield Township, Lancaster County with an expiration date of July 15, 2008. Permit issued July 31, 2007.
36074184. American Rock Mechanics, Inc., 7531 Chestnut Street, Zionsville, PA 18092, construction blasting for Lancaster Airport in Manheim Township, Lancaster County with an expiration date of December 31, 2008. Permit issued July 31, 2007.
36074185. Warren's Excavating & Drilling, Inc., P. O. Box 1022, Honey Brook, PA 19344, construction blasting for a single dwelling on Colebrook Road in East Donegal Township, Lancaster County with an expiration date of July 15, 2008. Permit issued July 31, 2007.
38074115. Warren's Excavating & Drilling, Inc., P. O. Box 1022, Honey Brook, PA 19344, construction blasting for The Meadows at Southfield in South Lebanon Township, Lebanon County with an expiration date of July 15, 2008. Permit issued July 31, 2007.
48074113. Warren's Excavating & Drilling, Inc., P. O. Box 1022, Honey Brook, PA 19344, construction blasting for Monocacy Farms in Hanover Township, Northampton County with an expiration date of July 15, 2008. Permit issued July 31, 2007.
15074111. Warren's Excavating & Drilling, Inc., P. O. Box 1022, Honey Brook, PA 19344, construction blasting for The Fields at Creekview in East Coventry Township, Chester County with an expiration date of July 15, 2008. Permit issued August 1, 2007.
15074112. Warren's Excavating & Drilling, Inc., P. O. Box 1022, Honey Brook, PA 19344, construction blasting for Coventry Glen in East Coventry Township, Chester County with an expiration date of July 15, 2008. Permit issued August 1, 2007.
36074186. Warren's Excavating & Drilling, Inc., P. O. Box 1022, Honey Brook, PA 19344, construction blasting for Summers Hill in Upper Leacock Township, Lancaster County with an expiration date of July 15, 2008. Permit issued August 1, 2007.
36074187. Warren's Excavating & Drilling, Inc., P. O. Box 1022, Honey Brook, PA 19344, construction blasting for Watson Run Subdivision in Leacock Township, Lancaster County with an expiration date of July 15, 2008. Permit issued August 1, 2007.
06074121. Warren's Excavating & Drilling, Inc., P. O. Box 1022, Honey Brook, PA 19344, construction blasting for a single dwelling on Sunshine Road in Bern Township, Berks County with an expiration date of July 15, 2008. Permit issued August 2, 2007.
39074123. Austin Powder Company, 25800 Science Park Drive, Cleveland, OH 44122, construction blasting for Farmington Development in Lower Macungie and Lower Mt. Bethel Townships, Lehigh and Northampton Counties with an expiration date of July 25, 2008. Permit issued August 2, 2007.
The Department of Environmental Protection (Department) has taken the following actions on previously received permit applications, requests for Environmental Assessment approval and requests for Water Quality Certification under section 401 of the Federal Water Pollution Control Act (FWPCA) (33 U.S.C.A. § 1341).
Except as otherwise noted, the Department has granted 401 Water Quality Certification certifying that the construction and operation described will comply with the applicable provisions of sections 301--303, 306 and 307 of the FWPCA (33 U.S.C.A. §§ 1311--1313, 1316 and 1317) and that the construction will not violate applicable Federal and State water quality standards.
Actions on applications for the following activities filed under the Dam Safety and Encroachments Act (32 P. S. §§ 693.1--693.27), section 302 of the Flood Plain Management Act (32 P. S. § 679.302) and The Clean Streams Law (35 §§ 691.1--691.702) and Notice of Final Action for Certification under section 401 of the FWPCA (33 U.S.C.A. § 1341).
Northeast Regional Office, Watershed Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790, (570) 826-2511.
E35-402. Scranton-Lackawanna Industrial Building Company, 222 Mulberry Street, Scranton, PA 18501-0431. City of Scranton, Lackawanna County, United States Army Corps of Engineers Baltimore District.
To fill 0.13-acre of PEM wetlands for the purpose of constructing the Mount Pleasant Corporate Center Commercial Development. The permittee is required to provide 0.13 acre of replacement wetlands. The project is located on the west side of the North Scranton Expressway near the 7th Avenue exit ramp (Scranton, PA Quadrangle N: 7.5 inches; W: 6.2 inches).
To fill in a 0.655 acre of a wetland in order to construct the proposed Walter Business Park and related improvements located in Sproul village about 1,800 feet southwest of the US 220 and T-312 intersection (Roaring Spring, PA Quadrangle N: 5.42 inches; W: 12.2 inches, Latitude: 40° 16` 47"; Longitude: 78° 27` 45") in Greenfield Township, Blair County. The applicant will provide 1.31 acres of replacement wetland located 4,000 feet northeast of site.
To construct and maintain: 1.) a 7.5-foot wide pedestrian bridge with a span of 79.0-feet and an average minimum underclearance of 0.65 foot; 2.) a 7.5-foot wide pedestrian bridge with a span of 112.0 feet and an average minimum underclearance of 0.85 foot; 3.) a 7.5-foot wide pedestrian bridge with a span of 69.0 feet and an average minimum underclearance of 0.65 foot; 4.) a 7.5-foot wide wooden pedestrian bridge with a span of 80.0 feet and an average minimum underclearance of 0.75 foot; 5.) a 6.0-inch outfall pipe; 6.) a 8.0-inch sanitary sewer line crossing; to maintain: 1.) an existing 18.0-inch stream enclosure with a length of 460.0 feet; 2.) an existing 12.0-inch outfall pipe; 3.) four existing 18.0-inch outfall pipes; 4.) an existing 41.0-foot long, 36.0-inch pipe stream crossing; to rehabilitate, operate and maintain a deck of an existing bridge; to remove an existing 36.0-inch pipe and construct and maintain a 5.75-foot by 8.17-foot pipe arch for the purpose of facilitating the development of Twin Grove Campground. All activities are located in and along UNTs to Swatara Creek (CWF). The project is located along Route 443 North of Lickdale and west of the Schuylkill County line (Tower City, PA Quadrangle N: 3.1 inches; W: 1.7 inches, Latitude: 40° 30` 54"; Longitude: 76° 30` 47") in Union Township, Lebanon County.
E17-434. Clearfield Creek Watershed Association, 216 Bedlin Hollow Road, Ashville, PA 16613. Morgan Run TUFF Acid Mine Drainage Treatment Project in Decatur Township, Clearfield County, ACOE Baltimore District (Wallaceton, PA Quadrangle Latitude: 40° 52` 52.6"; Longitude: 78° 21` 14.9").
The applicant proposes to construct, operate and maintain a: (1) passive treatment acid mine drainage treatment system; (2) two dams for flow diversion; (3) two road crossings and (4) two rock outfalls in Morgan Run and associated wetlands for acid mine drainage abatement. The concrete dams constructed for flow diversion shall not exceed a maximum height of 2.5-feet and width of 12.0-feet. The permittee has proposed to construct two replacement wetlands that shall result in 1.65-acres of mitigation for the Morgan Run TUFF, Morgan Run FROG, and Morgan Run No. 7 acid mine drainage treatment projects. The Morgan Run TUFF Acid Mine Drainage Treatment Project permanently impacts 01.61-acres of wetland, for which the permittee has agreed to include in the construction of a 1.65-acre replacement wetland to mitigate the 1.61-acres of impact. Construction of the 1.65-acre replacement wetland shall commence prior to the construction activities authorized by this permit. The permittee shall operate and maintain the acid mine treatment system, so that significant water quality improvement shall be achieved downstream in 2,640-feet of Morgan Run. The project is located along 1.4 stream miles south of the point where SR 2012 crosses Morgan Run.
E47-087. US Gypsum Company, 60 PPL Road, Danville, PA 17821. Supply Gas Line and Rail Siding, in Penn, Franklin and Moreland Townships, Lycoming County and Derry and Anthony Townships, Montour County, ACOE Baltimore District (Washingtonville, PA Quadrangle Latitude 41° 03` 29"; Longitude 76° 39` 51").
WPA31036 HH Emergent 0.21 Temporary 41° 03` 15" 76° 40` 08"
UNT to Sugar Run CWF 900 Open Cut 41° 15` 54" 76° 38` 19"
UNT to Sugar Run CWF 900 Culvert Construction 41° 15` 54" 76° 38` 19"
Derr Run CWF 525 Open Cut 41° 15` 24" 76° 38` 13"
Spring (to Derr Run) CWF 450 Open Cut 41° 15` 23" 76° 38` 08"
Derr Run CWF No Impact HDD 130+60 - 139+00 41° 14` 04" 76° 37` 50"
UNT to Derr Run CWF 1125 Open Cut 41° 13` 55" 76° 38` 01"
Jakes Run CWF No Impact HDD 200+50 - 203+50 41° 13` 11" 76° 37` 52"
UNT to Jakes Run CWF 375 Open Cut 41° 13` 06" 76° 38` 03"
UNT to Jakes Run CWF 600 Open Cut 41° 12` 56" 76° 38` 14"
UNT to Little Muncy Creek CWF 1275 Open Cut 41° 11` 50" 76° 38` 34"
Little Muncy Creek CWF No Impact HDD 332+00 - 338+25 41° 11` 29" 76° 38` 54"
Laurel Run CWF 2850 Open Cut 41° 10` 46" 76° 39` 14"
Laurel Run overflow channel CWF 1125 Open Cut 41° 10` 45" 76° 39` 16"
UNT to Laurel Run CWF 600 Open Cut 41° 10` 45" 76° 39` 18"
UNT to Laurel Run CWF No Impact Auger 41° 10` 42" 76° 39` 34"
UNT to Little Muncy Creek CWF 900 Open Cut 41° 10` 01" 76° 40` 06"
UNT to Little Muncy Creek CWF 825 Open Cut 41° 09` 53" 76° 40` 10"
UNT to WB Chillisquaque Creek WWF 600 Open Cut 41° 09` 19" 76° 40` 02"
UNT to WB Chillisquaque Creek WWF 1800 Open Cut 41° 08` 49" 76° 40` 00"
UNT to WB Chillisquaque Creek WWF 675 Open Cut 41° 08` 46" 76° 40` 01"
UNT to WB Chillisquaque Creek WWF 675 Open Cut 41° 08` 38" 76° 40` 02"
WPA31041 UNT to Mud Creek 16` Intermittent WWF 3568 Culvert Replacement 41° 03` 37" 76° 39` 31"
E02-1560. Department of Transportation, District 11-0, 45 Thoms Run Road, Bridgeville, PA 15017. To construct a retaining wall in Castle Shannon Borough, Allegheny County, Pittsburgh ACOE District (Bridgeville, PA Quadrangle N: 21.3 inches; W: 2.0 inches, Latitude: 40° 22` 2"; Longitude: 80° 0` 53"). To construct and maintain a 242 ft. long, 10 ft. high, concrete retaining wall and stream bank stabilization to replace an existing 90 ft. long retaining wall in Saw Mill Run (WWF). This project is intended to stabilize slope failure and stream bank erosion in conjunction with minor road improvements of SR 88. The project is located approximately 6 miles south of Pittsburgh and approximately 150 ft. down stream of the SR 88 intersection with Grove Road.
E02-1561. Department of Transportation, District 11-0, 45 Thoms Run Road, Bridgeville, PA 15017. To construct a concrete culvert in South Park Township, Allegheny County, Pittsburgh ACOE District (Glassport, PA Quadrangle, N: 6.7 inches; W: 17.0 inches, Latitude: 40° 17` 14"; Longitude: 79° 59` 47"). To construct and maintain a 82 ft. long, 32 ft. span, 9 ft. underclearance, open bottom concrete culvert to replace the existing 30 ft. long, 28.5 ft. span, 5 ft. minimum underclearance, SR 3013 bridge over Piney Fork Creek (TSF). The project is located approximately 6 miles west of Clairton.
E20-555, Department of Transportation, District 1-0, P. O. Box 398, Oil City, PA 16301. Houghton Wetland Mitigation Bank, in Beaver Township, Crawford County, ACOE Pittsburgh District (Beaver Center U.S.G.S., PA Quadrangle N: 41° 49` 22"; W: 80° 29` 22.4").
To place fill within 0.4 acre of PEM wetlands and to construct and maintain 7.4 acres of PEM/PSS/PFO wetlands on a 14 acres site located adjacent to SR 4012 between T-308 and T-320 and draining towards Middle Branch Conneaut Creek (CWF).
EA40-010NE. Dallas Township, P. O. Box 518, Dallas, PA 18612, Dallas Township, Luzerne County, United States Army Corps of Engineers Baltimore District.
To remove an abandoned bridge along a tributary to Leonard Creek adjacent to the Kunkle Fire Department at the intersection of SR 0309 and Kunkle Road (Centermoreland, PA Quadrangle N: 0.5 inch; W: 14.75 inches).
E63-004A. Molycorp, Incorporated, 1217 West Wayne Street, Washington, PA 15301. To permanently impact 0.71 acre of wetland during waste removal in Canton Township, Washington County, Pittsburgh ACOE District (Washington West, PA Quadrangle N: 7.8 inches; W: 3.6 inches, Latitude: 40° 10` 07"; Longitude: 80° 16` 33"). To amend an already approved Environmental Assessment (EA63-004), which approved the following activities: permanently impacting 0.71 acre of PEM/PSS wetlands during waste removal and regrading, restoring and stabilizing 800 linear feet of stream bank along Chartiers Creek (WWF), removing an abandoned concrete obstruction in Chartiers Creek (WWF) and constructing and maintaining approximately 2,600 linear feet of temporary sheet piling and earthen berms along the eastern bank of Chartiers Creek (WWF). The amendment requests additional permanent impacts to 0.28 acre of PEM/PSS wetlands during remedial activities related to the excavation of manufactured gas plant tar, the removal of fill from the installation of an earthen access ramp on the eastern bank of Chartiers Creek (WWF) north of the Caldwell Avenue Bridge, and the installation of a set of wooden stairs in the same general location to provide access to sampling point designated SS02. The applicant contributed $6,500 to the Pennsylvania Wetland Replacement Fund as a form of mitigation for their 0.28 acre of additional wetland impact. The project is located in the vicinity of Caldwell Avenue, near the Jessop exit from I-70.
Notice is hereby provided that the Department of Environmental Protection (Department) will hold a public hearing to accept comment on Individual National Pollutant Discharge Elimination System (NPDES) Permit Application No. PAI023907002 for the discharge of stormwater from construction activities at the proposed Brookshire Subdivision, in Upper Milford and Hereford Townships, Lehigh and Berks Counties.
The public hearing will be conducted on September 26, 2007, at 7 p.m. in the Upper Milford Township Municipal Building at 5831 Kings Highway South, Old Zionsville, PA 18068-0210, by the Department, Watershed Management Program, Permitting and Technical Services Section, 2 Public Square, Wilkes-Barre, PA 18711-0790, (570) 826-2511. The hearing is in response to an application submitted by Brookshire Partners, LP, 1750 Walton Road, Blue Bell, PA 19422. The NPDES permit application proposes the discharge of stormwater from construction activities to Perkiomen Creek (HQ-CWF).
The Department requests that individuals wishing to testify at the hearing submit a written notice of such intent to: Brookshire Subdivision NPDES Public Hearing, Department of Environmental Protection, Watershed Management Program, 2 Public Square, Wilkes-Barre, PA 18711. The Department will accept notices up to the day of the hearing. The Department requests that individuals limit their testimony to 10 minutes so that all individuals have the opportunity to testify. The Department can only review comments made with regard to the NPDES Permit Application No. PAI023907002. Written copies of oral testimony are requested. Relinquishing time to others will not be allowed. All individuals attending the hearing will have the opportunity to testify if they so desire, however, individuals who preregister to testify will be given priority on the agenda.
Persons with a disability who wish to testify and require an auxiliary aid; service or other accommodation should contact Christine Domashinski of the Department at (570) 826-2511 or the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD) to discuss how the Department can meet their needs.
The NPDES permit application is available for review at the Lehigh County Conservation District Office located in the Lehigh County Agricultural Center, Suite 102, 4184 Dorney Park Road, Allentown, (610)-391-9583.
For further information, contact Mark Carmon of the Department's Northeast Regional Office at (570) 826-2511.
Letters of interest must be received by Tom Koptchak, Geologic Specialist at the Moshannon District Office, Department of Environmental Protection, 186 Enterprise Drive, Philipsburg, PA 16866, no later than 4 p.m., local time, September 15, 2007, to be considered.
Telephone inquiries shall be directed to Tom Koptchak, Moshannon at (814) 342-8140.
Project Overview: Reclamation of site includes regrading to eliminate two sedimentation ponds, two coal stockpile areas, planting of trees on 100 acres, backfilling and grading of two pit areas (~67 acres), reclamation of preexisting haul road, removal and disposal of on site trash, and the construction of one drainage channel measuring 700 ft. in length. Actual activities may vary depending on property owner preferences.
Department of Environmental Protection (Department) intends to withdraw, subject to United States Environmental Protection Agency (EPA) approval, the established nutrient Total Maximum Daily Loads (TMDLs) for the Neshaminy Creek Watershed. The Department developed, and EPA approved, nutrient TMDLs for the Neshaminy Creek Watershed on December 9, 2003. EPA proposes to establish, by June 30, 2008, TMDLs to replace the withdrawn TMDLs. The revised TMDLs will be based on an additional scientific evaluation of the nutrient-algal growth relationship as well as additional water quality modeling evaluations.
The Rationale for Withdrawal document can be accessed at www.dep.state.pa.us, DEP keyword: TMDL. Select Neshaminy Creek TMDL by name.
Direct any questions about the Neshaminy Creek TMDL withdrawal to Bill Brown at (717) 783-2951 or willbrown@state.pa.us.