### COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION In the Matter of: Franklin Township SewerAuthority Franklin Township Wastewater Treatment Plant Franklin Township Greene County / Clean Streams Law Sewage



### CONSENT ORDER AND AGREEMENT
This Consent Order and Agreement is entered into this 

# iff day

# ::D.~t2.QIP-ieif 2008, by and between the Commonwealth ofPennsylvania, Department ofEnvironmental Protection (hereinafter "Department") and the Franklin Township SewerAuthority (hereinafter the "Authority"). A. The Depaliment is the agency ofthe Commonwealthwith the duty andthe Authority to administer and enforce The Clean Streams Law, the Act ofJune 22, 1937, P.L. 

### 1987, as amended ("Clean Streams Law"), 35 P.S. 

### §§ 691.1, 

### etseq.; Section 

### 1917-A ofthe Administrative Code of 1929, the Act ofApril 9, 1929, P.L. 177, 

### as amended, ("Administrative Code"), 71 P.S. 

### §

### 510-17A; andthe rules and regulations promulgatedthere under ("Rules and Regulations"). B. The Authority is an Authority formed pursuant to the Municipality Authorities

.Act ofMay 2, 1945, P.L. 382, 

### as amended, 53 P.S. 

### §301, whose mailing address is 570 Rolling Meadows Road, Waynesburg, PA 15370. C. The Authority owns and operates the Franklin Township Wastewater Treatment Plant ("STP"), located in Franklin Township, Greene County, which discharges to the Southfork Temnile Creek, atributary to the Monongal1ela River, and a water ofthe Commonwealth.

# ·. D. On August 22,2008, the Depalimentissued NPDES PermitNo. PA0046426 to the Authority ("NPDES Permit"). TheNPDES Permit authorizes the discharge oftreated sewage from the STP to the South Fork Temllile Creek, and sets specific effluent limitations, monitoring requirements for the discharges, and otherpermit conditions. E. The STP accepts pretreated oil and gas wastewaters :5:om the Tri-County Waste

### F'(l-~\)Ld III\. IOwt1S

# t v..p

### rl..V~ r Water Treatment Facility located in VvTlt-y:neSt;Elig**~\3reugh,** Greene County ("Pretreatment Facility"). F. The Pretreatment Facility, owned and operated by Tri-County Waste Water Management Inc. ("Tri-County"), accepts oil and gas wastewaters includingbutnotlimited to brine, fracturing wastewater, and coal bed methane wastewater ("oil and gas wastewater") for -pretreatment and discharge to the STP. G. Neither the STP nor the Pretreatment Facility currently has treatment facilities for the removal ofTotal Dissolved Solids ("TDS"). 

### H. The Department determined that the effluent from the STP had elevated levels of TDS and that Tri-County's discharge ofpretreated oil and gas wastewaters to the STP has contributedto the elevated levels ofTDS. 

### 1. Oil and gas wastewaters are industrial wastes as defined at Section 1 ofthe Clean Streams Law, 35 P.S. 

### § 691.1. J. The Department has determined that the concentration ofTDS inthe MonongahelaRiver exceeds the established water quality criteria as establishedtmder Section 93.7 ofthe Rules and Regulations, 25 Pa. Code 

### § 93.7. The TDS criteria are established for the
use and protection ofthe Monongahela River, a water ofthe Commonwealth, as a potable water supply ("PWS"). 2

## ".
K. The elevated levels ofTDS in the discharge from the STP, as a result ofaccepting oil and gas wastewaters from the Pretreatment Facility, has possibly contributed to the exceedence ofthe water quality criteria and impacted the use ofthe MonongahelaRiver as a PWS. 

### 1. The Authority's discharges ofTDS constitute violations ofSection 93.6,93.7, and 96.3 ofthe Rules and Regulations, 25 Pa. Code §§ 93.6, 93.7, and 96.3 and Sections 301, 307, and 401 ofthe Clean Streams Law, 35 P.S. §§ 691.301,691.307, and 691.401; constitute a statutory nuisance under Sections 3, 307(c), 401, and 402 ofthe Clean Streams Law, 35 P.S. §§691.3, 691.307(c), 691.401, and 691.402; and constitutes unlawful conduct under 610 ofthe Clean Streams Law, 35 P.S. § 691.610. M. The Department issued an Administrative Orderto the Authority on October 23, 2008 ("2008 Order"). The 2008 Order required, among other things, that the Authority restrict its acceptance ofoil and gas wastewater to no more than 1 % ofthe STP's daily flow, submit a technical evaluation ofthe impact ofoil and gas wastewaters onthe operation ofthe STP, sample all oil and gas wastewaters accepted at the STP, sample the STP effluent daily for TDS and chlorides, and submit a monthly report to the Department detailing the volume ofoil and gas wastewater accepted at the STP. N. OnNovember 18,2008, the Authority appealed the 2008 Order to the Environmental Hearing Board, EBB DocketNo. 2008-326-R. After full and complete negotiation ofall matters set forth 

### in this Consent Order and Agreement and upon mutual exchange ofcovenants contained herein, the pmiies desiring to avoid litigation and intending to be legally bound, 

### itis hereby ORDERED by the Department and AGREED to by the Authority as follows: 3'.


### 1. Authority. This Consent Order and Agreement is an Order ofthe Depaliment authorized and issued pursuant to Sections 5, 316, 402,501 and 610 ofthe Clean Streams Law, 3S 

### P.S.§§ 691.5, 691.316, 691.402, 691.501, and 691.610, alld Section 1917-A ofthe Administrative Code, 71 P.S. § 510-17. 2. Findings.
a. The Authority agrees that the findings in Paragraphs A through K, M and N al'e true and correct and, in any matter or proceeding involving the Authority and the Department, the Authority shall not challenge the accuracy or validity ofthese findings. b. The parties do not authorize any otherpersons to use the findings inthis Consent Order and Agreement in any matter orproceeding. 3.
. Corrective Actions.
a. Upon execution ofthis Consent Order and Agreement, the Authority's obligations set forth in the 2008 Order al'e superseded. b. Commencing with the date ofexecution ofthis Consent Order and Agreement, the Authority shall not accept from the Pretreatment Facility a discharge rate in
excess of75 gallons per minute at any time, nor more than 50,000 gallons ofoil and gas wastewater per day averaged over a calendar month with a daily maximum notto exceed 58,000 gallons per day
.. c. Commencing with the date ofexecution ofthis Consent Order and Agreement, the Authority shall not accept ally oil and gas wastewater at the STP in excess ofthe following conditions: i) pH: not less than 7.0 or more than 10.0 ii) Temperature: not more than 140°F 4'. iii) Oil and Grease (TPH): not more than 

### 50 mg/L iv) Total Lead: not more than 

### 0.5 mg/L v) Total Cadmium: not more than 

### 0.5 mg/L vi) Total Copper: not more than 

### 1.0 mg/L vii) Total Suspended Solids: not more than 

### 200 mg/L viii) BTEX: not morethan 10 mg/L ix) Chlorides: not more than 

### 25,000 mg/L.

, d, Commencing withthe date ofthe execution ofthis Consent Order and Agreement, the Authority shall not accept any oil and gas wastewaters from any sources other than the Pretreatment Facility.
e. As long as any wastewater is accepted from the Pretreatment Facility, the Authority shall monitor and record the total amount ofwastewater discharged to the STP daily. f. As long as any wastewater is accepted from the PretreatmentFacility, the Authority shall sample the STP effluenttwice perweek for TDS and chlorides. The samples shall consist oftwenty-four hour composites. g. As long as any oil and gas wastewater is accepted at the STP, the Authority shall collect, once per month, a representative grab sample ofthe STP effluentfor the following parameters: Aluminum, Arsenic, Barium, Beryllium, Cadmium, Chromium, Copper, Iron-Dissolved, Iron-Total, Lead, Magnesium, Lithium, Sodium, Total Kjeldahl Nitrogen, Manganese, Mercury, Nickel, Silver, Strontium, Zinc, Oil & Grease, MBAS (Surfactants), Chemical Oxygen Demand, Calcium, Chlorides, Sulfates, Osmotic Pressure, Specific Conductance, Hardness (Total as CaC03), Alkalinity (Total as CaC03), TDS, Acidity, Gross Alpha, Gross Beta, Total Phenolics, Toluene, Benzene, Ethyl Benzene, Xylene, Ethylene Glycol. 5"
h. The sampling requirement set forth in Paragraphs 3.fand g above are in addition to any monitoring or sampling requirements set f01ih in the NPDES Permit.
1. Commencing with the date ofthe execution ofthis Consent Order and Agreement and continuing as long as the STP accepts any oil and gas wastewater, the Authority shall conduct a monthly evaluation ofthe acceptance ofoil and gas wastewater onthe effectiveness ofthe treatment capabilities ofthe STP. The evaluation shall include any impact
on removal efficiencies for BOD and TSS, compliance with effluent limitations, andthe anlount and characteristics ofsludge generated. 

### J. Within fOliy-five (45) days ofthe execution oftrus Consent Order and Agreement, the Authority shall begin conducting a cm'oruc whole effluent toxicitytest ("WET test") in accordance**wi~h** the requirements set forth inAppendix A which are incorporated herein
as an obligation ofthis Consent Order and Agreement. Chronic WET testing shall be repeated qualierly until the STP does notreceive oil and gas wastewaters. The WETtests shall be conducted in a manner thatrepresents the impacts ofthe acceptance ofoil and gas wastewater from the PretreatmentFacility. 

### k. The Authority shall submit a monthly report to the Departmentbythe 15th ofeachmonth detailing, for the prior month, the volume ofoil and gas wastewater discharged to the STP, the results ofthe twice weekly TDS and chlorides sampling, and the results ofany additional samples collected for the previous month. 

### 1. lfthe Departmentrequires additional informationto review and/or approve any submission required by this order, the Authority shall submit the requested information withinthe time frame setforth bythe Department, which shall be reasonable.



### 6m. Within five (5) days ofexecution ofthis Consent Order and Agreement, the Authority shall withdraw its appeal ofthe 2008 Order, docketed at EHB DocketNo. 2008- 326-R. 4. Progress Reports. The Authority shall submit quarterly progress repOlis to the Depmiment documenting their efforts to comply with their obligations ofthis Consent Order and Agreement ("Progress RepOli"). The Progress RepOlis shall be submitted to the Depmimentby the fifteenth day ofApril, July, October, and January and sent to the attention ofCompliance Specialist, Water Management, Department ofEnviromnental Protection, 400 Waterfront Drive, Pittsburgh, PA 15222-4745. The Qumierly Progress Reports shall include, but m"e not limited to:
a. a description ofthe actions that have been taken towm"d achieving compliance with this Consent Order and Agreement, 

### b. a description ofactivities scheduled for the next quarter, 

# (

c. a description ofproblems or delays encountered or anticipated regarding performance ofthe activities required bythis Consent Order and Agreement. 5. StipUlated Penalties.
a. In the event the Authority fails to comply in a timely manner with any term or provision ofthis Consent Order and Agreement, the Authority shall be inviolation of this Consent Order and Agreement and, in addition to other applicable remedies, shall pay a civil penalty ofTWO HUNDRED FIFTY DOLLARS ($250) PERDAY for eachviolation. b. Stipulated civil penaltypayments shall be payable monthly on orbefore the fifteenth day ofeach succeeding month. All payments shall be made by corporate check or the like made payable to the "COlmnonwealth ofPemlsylvania, Clean Water Fund" and sent to

7the attention ofCompliance Specialist, Department ofEnviromllental Protection, 400 Waterfront Drive, Pittsburgh 15222-4745.
c. Any payment under this paragraph shall neither waive the Authority's duty to meet its obligations under this Consent Order and Agreement norpreclude the Department from commencing arl action to compel the Authority's compliance with the terms and conditions ofthis Consent Order and Agreement. The payment resolves only the Authority's liabilityfor civil penalties, arising from the violation ofthis Consent Order and Agreement for which the payment is made. d. Stipulated civil penalties under this paragraph will be due automatically and without notice. 6. AdditionalRemedies.
a. In the event the Authority fails to comply with any provision ofthis Consent Order and Agreement, the Department may, in addition to the remedies prescribed herein, pursue any remedy available for a violation ofan order ofthe Department, including an action to enforce this Consent Order and Agreement. Thepayment ofa stipulatedpenalty, however, shallpreclude any further assessment ofcivil penalties for the violations for whichthe stipulated civil penalty is paid. b. The remedies providedbythis par'agraph are cumulative arld the exercise ofone does notpreclude the exercise ofany other. The failure ofthe Departmentto pursue any remedy shall not be deemed to be awaiver ofthat remedy. 7. Reservation ofRights. The Department reserves the right to require additional
measures to achieve compliance with applicable law. TheAuthorityreserves the rightto challenge any actionthatthe Department maytake to require those measures. 

### 88. Liability ofOperator. The Authority shall be liable for any violations ofthe Consent Order and Agreement, including those caused by, contributed to, or allowed by its officers, agents, employees, or contractors. The Authority also shall be liable for any violation ofthis Consent Order and Agreement caused by, contributed to, or allowed by its successors and assIgns.9. Transfer ofSite.
a. The duties and obligations under this Consent Order and Agreement shall not be modified, diminished, terminated or otherwise altered bythe transfer ofany legal or equitable interest inthe STP or any partthereof. b. Ifthe Authority intends to transfer any legal or equitable interest inthe STP that is affected by this Consent Order and Agreement, the Authority shall serve a copy of this Consent Order and Agreement upon the prospective transferee ofthe legal and equitable interest at leastthirty (30) days prior to the contemplatedtransfer and shall simultaneously inform the Southwest Regional Office ofthe Department ofsuch intent.
c. The Department inits sole discretion may agree to modify or terminate the Authority's duties and obligations under this Consent Order and Agreement upontransfer ofthe STP, The Authority waives any right that itmay have to challenge the Department's decision in this regard. 10. Correspondence with Department. All conespondence with the Department concerning this Consent Order and Agreement shall be addressed to: Compliance Specialist Water Management Department ofEnvironmental Protection 400 Waterfront Drive Pittsburgh, PA 15222-4745. Phone: 412-442-4000 Fax: 412-442-4194. 

### 911. Conespondence with the Authority. All correspondence with the Authority concerning this Consent Order and Agreement shall be addressed to: Franklin Township Sewer Authority 570 Rolling Meadows Road Waynesburg, PA 15370 Phone: Fax: The Authority shall notify the Department whenever there is a change inthe contactperson's name, title, or address. Service ofanynotice or any legal process for any purpose under this Consent Order and Agreement, including its enforcement, may be made bymailing a copy by first class mail to the above addresses. 12. Force Majeure.
a. In the eventthatthe Authority is prevented from complying in a timely
manner with any time limit imposed inthis Consent Order and Agreement solelybecause ofa strike, fire, flood, act ofGod, or other circumstances beyond the Authority's control and which the Authority, bythe exercise ofall reasonable diligence, is unable to prevent, thenthe Authority may petition the Department for an extension oftime. Anincrease inthe cost ofperformingthe obligations set fmih in this Consent Order and Agreement shall not constitute circumstances beyond the Authority's control. The Authority's economic inability to comply with any ofthe obligations ofthis Consent Order and Agreement shall notbe grounds for any extension oftime. b. The Authority shall only be entitledto the benefits ofthis paragraph ifit notifies the Department within five (5) working days by telephone and withinten (10) working days in writing ofthe date it becomes aware or reasonably should have become aware ofthe event impedingperformance. The written submission shall include all necessary documentation,
as well as a notarized affidavit from an authorized individual specifyingthe reasons for the 10, .,
delay, the expected duration ofthe delay, and the effOlis that have beenmade and are being made bythe Authority to mitigate the effects ofthe event and to minimize the length ofthe delay. The initial written submissionmaybe supplemented within 10 working days ofits submission. The Authority's failure to comply with the requirements ofthis paragraph specifically and in a timely fashion shall render this paragraph null and ofno effect as to the paIiicular incident involved.
c. The Departmentwill decide whether to grant all or part ofthe extension requested on the basis ofall documentation submittedbythe Authority and other information available to the Department. In any subsequent litigation, the operator shall have the burden of provingthatthe Department's refusal to grant the requested extension was an abuse ofdiscretion based uponthe information then available to it. 13. Severability. Theparagraphs ofthis Consent Order and Agreement shall be severable and should any part hereofbe declared invalid or unenforceable, the remainder shall continue infullforce and effect betweenthe parties. 14. Entire Agreement. This Consent Order and Agreement shall constitute the entire integrated agreement ofthe parties. No prior or contemporaneous communications orprior drafts shall be relevant or admissible for purposes ofdetermining the meaning or extent ofany provisions herein in any litigation or any otherproceeding. 15. Attorney Fees. The parties shall beaI" their respective attorney fees, expenses and other costs inthe prosecution or defense ofthis matter or any related matters, aI"ising priorto execution ofthis Consent Order and Agreement.

1116. Modifications. No changes, additions, modifications, or amendments ofthis Consent Order and Agreement shall be effective unless they are set out in writing and signed by the parties hereto. 17. Titles. A title used at the beginning ofany paragraph ofthis Consent Order and Agreement maybe used to aid in the construction ofthatparagraph, but shall not be treated as controlling. 18. Decisions under Consent Order. Any decision whichthe Department makes under the provisions ofthis Consent Order and Agreement is intended to beneither a final action under 25 Pa. Code §1021.2, nor an Adjudication under 2 Pa. C.S. §101. Any objection that the Authority may have to the decision will be preserved untilthe Department enforces this Consent Order and Agreement. 19. Resolution. The Authority shall attach hereto as Appendix B a resolution ofthe Authority authorizing its signatories belowto enter into this Consent Order and Agreement. 20. Termination ofObligations. This Consent Order and Agreement shall terminate
on December 31, 2010.

IN WITNESS WHEREOF, the parties hereto have caused this Consent Order and Agreement to be executedbytheir duly authorized representatives. The undersigned representatives ofthe Authority certify under penalty oflaw;as provided by 18 Pa. C.S. 

### §4904, that they are authorized to execute this Consent Order and Agreement on behalfofthe Authority; that the Authority consent to the entry ofthis Consent Order and Agreement as a final ORDER ofthe Depaliment; and thatthe Authority hereby knowingly waives its rights to appeal this Consent Order and Agreement and to challenge its content or validity, which rights maybe 12, ,

available under Section 4 ofthe Environmental Hearing Board Act, the Act ofJuly 13, 1988, P.L. 530, No. 1988-94,35 P.S. 

### §7514; the Administrative Agency Law, 2 Pa. C.S. 

### §.103(a) and Chapters 5A and 7A; or any other provision oflaw. Signature by the Authority's attorneys certifies only that the agreement has been signed after consulting with counsel.
FORTHE FRANKLIN TOWNSHIP SEWERAUTHORITY:

a citor for the Franklm Township

wer Authority FORTHE COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION: 

# .-L2C)£.,

Samuel C. Harper

# ~ Regional Manager Water Management Southw st Region 

# !
,**~** 

# jr**J~U11es** A. Meade 

# II Assistant Counsel

13

### Appendix A CHRONIC WHOLE EFFLUENT TOXICITY (WET) MONITORING
A. General Requirements The Authority shall conduct chronic whole effluent toxicity (WET) tests in accordance with the appropriate test protocols and guidance described in Section D, Test Conditions and Methods, below. The Authority shall collect discharge samples andperform WET tests to generate chTonic survival and reproduction data for the cladoceran, Ceriodaphnia dubia, and the fathead minnow, Pimephales promelas. The results will be repOlied as No Observed Effect Concentration ("NOEC") and a dose-response curve shall be plotted, ifpossible. B. Test Frequency 1. Chronic WET testing shall be conducted stmiing within 45 days ofexecution ofthis Consent Order and Agreement and repeated qumierly until the STP does not receive oil and gas wastewaters. 2. Ifany ofthe quarterly chronic tests result in an NOEC less than theTargetIn-stream Waste Concentration chronic ("TIWCc") of80 (the TIWCc is the IWCc/l.O), the Authority shall, within 45 days ofthe test completion, submit afull and complete NPDES permit amendment application to the Departmentto accept and treat oil and gas wastewaters "from the Pretreatment Facility. The NPDES permit amendment application shall include the causes of
. the effluent toxicity; the possible sources ofthe causative agents; possible control options to reduce or eliminate the effluent toxicity; and aplan and schedule for implementation of controls. The Depmiment will determine ifthe toxicity has been properly addressed based upon the Authority'S NPDES permit amendment application. If

### the Authority does not identify the sources oftoxicity or adequately control them, a WET limit, adequate to protect the aquatic community will be imposed. C. Sample Collection For each chronic testing event, a 24-hour flow propOliioned composite sample shall be collected. The individual sample aliquots used to make-up the composite smnple must be collected at a frequency ofnot greater than every two hours and flow proportioned. The smnple must be collected at the NPDES permit samplingpoint. The Authority shall collect chemical and physical data on the chronic effluent samples specified in the NPDES permit.

14D. Test Conditions and Methods The Authority shall follow DEP's "Biomonitoring WETT Data 

### QAlQC Guidelines for Chronic Toxicity Testing with Amendments, March 20, 1995", attached and included inthis permit condition, supplemented by Short-term Methods for Estimating the Chronic Toxicity ofEffluents and Receiving Waters ofFreshwater Organisms, EPA-821-R-02-013, U.S. EPA (4th Ed., Oct. 2002) or the most current version. 

### Ifthe Depruiment determines that theproper cm'onic test acceptability criteria are not met or the proper 

### QAIQC conditions were not followed, the Authority mustperform a retest within 30 days. To properly conduct chronic WET tests, the laboratory mustprepare a series ofeffluent dilutions which ru'e specific to the STP discharge. The Authority must inform the WETT laboratory ofthe proper dilution series. The dilution series must include at least one dilution belowthe TIWCc. The Authority's specific dilution series is 100%, 89%, 79%, 70%, 62%.
E. Chemical Analyses The chemistry tests shall include pH, conductivity, total alkalinity, total hardness, total residual chlorine, total ammonia (unionized rumnonia), dissolved oxygen, chlorides, total dissolved solids, and temperature. Chemical analyses as described in the EPAMethods (above) shall be performed for each sampling event, including each newbatch ofdilution water and eachtesting event. In addition to the chemical analyses required above, those parameters listed inPARTA and PART C ofthe NPDES permit for the outfall(s) tested will be analyzed concurrently withthe WET Testby using the method specified inthe NPDES permit or, ifnot specified, byusing EPA methods at 40 CFRPart 136; Standru'd Methods for the Examination ofWater and Wastewater, AmericanPublic Health Association; or approved methods citedin 25 PA Code Chapter 16, Water Quality Toxics Management Strategy, Statement ofPolicy. 

### F. Chronic Toxicity Test RepOli Elements At a minimum, the following shall bereported with each chronic WET test: 

### 1. General test description:

- origin and age oftest organisms, dates and results ofreference toxicant tests; light andtemperature regimes; other information ontest conditions. 2. Completion ofCeriodaphnia dubia and Pimephales promelas coversheets (Forms 3620-FM-WQOI46 

### 3/95 and 3620-FM-W2 

### 1453/95). 3. Description ofsample collectionprocedures and ofthe sample location.



### - 4. Names ofindividuals collecting and trru1sporting samples, times and dates ofsample collection and ru1alysis, andtemperature ofsample uponreceipt. 155. Description, time and date ofsample renewals. 6. All chemical and physical data including method detection levels and observations made on the species. The chronic WET test hardness shall be reported with each test. 7. Copies ofraw data sheets and/or bench sheets with data entries and signatures. 8. When effluents are dechlorinated, dechlorination procedures must be described and a thiosulfate control used in addition to the normal dilution water control. Appropriate statistical consideration oftest results should include comparison ofboth controls. 9. All observations or test conditions affecting the test outcome shouldbe described. Any identified type 1 or type II errors must be explained. 10. The reference toxicant shall be identified and be a commonly used toxicant approved by EPA. RepOlis ofreference toxicant tests shall include all information needed for the proper evaluation ofthe test. This includes the following: water chemistryparameters of controls and test concentrations; chronic endpoint with appropriate statistical analyses; and control chmis (for point estimates, cumulative mean ± two standards deviations; for NOEC's central tendency ± one for concentration interval).
G. Submission of Test RepOlis The Authority shall submit copies ofall chronic WET testreports to the Department within thirty (30) days ofthe test completion.

16FRANKLIN TOWNSHIP SEWERAUTHORITY RESOLUTION NO. - 2008
WHEREAS, the Commonwealth ofPennsylvania, Department ofEnvironmental Protection, issued an Administrative Order to the FranklinTownship Sewer Authority on October 23,2008 ("2008 Order"). The 2008 Orderrequired, among other things, thatthe Authority restrict its acceptance ofoil and gas wastewater to no more than 1

### % ofthe STP's daily flow, submit a technical evaluation ofthe impact ofoil and gas wastewaters onthe operation of the STP, sample all oil and gas wastewaters accepted at the STP, sample the STP effluent daily for TDS and chlorides, and submit a monthly report to the Department detailing the volume of oil and gas wastewater accepted at the STP; and WHEREAS, onNovember 18,2008, the Authority appealed the 2008 Orderto the Environmental Hearing Board, EHB Docket No. 2008-326-R; and WHEREAS, after full and complete negotiation ofall matters set forth in a Consent Order and Agreement and upon mutual exchange ofcovenants containedherein, the parties desire to avoid litigation. NOW, THEREFORE, BE IT RESOLVED bythe Franklin Township Sewer Authority, as follows: SECTION 1: FranklinTownship Sewer Authority hereby agrees to the Consent Order and Agreement, a copy ofwhichis attached hereto with said Consent Order andAgreement being executed inthe name and under the corporate seal ofFranklinTownship Sewer Authority bythe Chairman and attested to by the Secretary ofthe Authority. SECTION 2: The Chairman, Secretary, Solicitor, and Engineer ofthe Authority
are authorized and directed to take such other necessary action as may be requiredto perform all the provisions ofsaid Consent Order and Agreement. RESOLVED by Franklin Township Sewer Authority onthis 2nd day of December, 2008. ATTEST:

Secretary (AUTHORITY SEAL)

----------------**--~** FRANKLIN TOWNSHIP SEWER AUTHORITY