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From: DAVID E HESS (davidhess@state.pa.us)
To: HELANE SHIELDS (hshields@worldpath.net)


with copies to:
"NED BEECHER" , "MAINE DEP - DAVID W. WRIGHT" , "EPA ADMINISTRATOR - CHRISTINE WHITMAN" , "CAL SAWYER - VIRGINIA" , , , , , , , , , , , , , "ALBERT GRAY, WATER ENVIRONMENT FEDERATION" , "EPA - ALAN HAIS" , "SAM HADEED, WEF" , "PROF. RICHARD STEHOUWER, PENN. STATE" , , , "ALAN RUBIN, EPA" , , , "DR. AARON MARGOLIN" , "DR. CHARLES GERBA" , "DR. JIM SMITH, EPA, CINCINNATI" , "DR. PATRICIA MILLNER" , "GREG KESTER, WISCONSIN" , "WEF - EUGENE DEMICHELE" , , ,


Sent: Thursday, October 03, 2002 10:19 AM
RE: PENNSYLVANIA - DEP SLUDGE BULLIES GO TO COURT TO FORCE SLUDGING = NORTH COVENTRY - MORE SLUDGE VICTIMS

Unfortunately, this account of what happened in this case is not accurate because it was the Environmental Hearing Board itself, not DEP, that rejected the first motion for a supersedeas based on the fact it was not supported by relevant information from the township or the individuals involved.

 
The Environmental Hearing Board is a five member independent board that hears appeals taken of any DEP action.  A request for a supersedeas, under the Board's rules (not DEP's rules), must be supported by information showing an immediate harm to people or the environment if an action is allowed to continue.
 
The individuals and township appealing this case were given several opportunities by the Board to support their request and received a specific admonition from the chairman of the Board to provide technical information, like from medical or other witnesses to support their motion. 
 
The next opportunity the Board will give the individuals and the township to support their appeal is by filing documents by Oct. 15.
 
No "tricks" here, just a simple request by the Board to have individuals bringing an appeal to support that appeal with relevant information.
 
-- David Hess

Presenting the 2002 Governor's Award Winners
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Enjoy Fall in PA! Leaves are changing!
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BLO fecit 20020310
sequence of messages:
(1) Original message circulated by Helane Shields with article in Pottstown Mercury of October 1, 2002 - October 2, 2002
(2) E-mail from David E. Hess, Commissioner, PADEP, to Helane Shields - October 3, 2002
(3) E-mail from Helane Shields to David E. Hess - - October 3, 2002