COMMONWEALTH OF PENNSYLVANIA 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

In the Matter of: 

Franklin Township Sewer Authority 

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.Q IP-ie if 

2008, by and between the Commonwealth of Pennsylvania, Department of Environmental 

Protection (hereinafter "Department") and the Franklin Township Sewer Authority (hereinafter 

the "Authority"). 

A. The Depaliment is the agency of the Commonwealth with the duty and the 

Authority to administer and enforce The Clean Streams Law, the Act of June 22, 1937, P.L. 

1987, as amended ("Clean Streams Law"), 35 P.S. §§ 691.1, et seq.; Section 1917-A of the 

Administrative Code of 1929, the Act of April 9, 1929, P.L. 177, as amended, ("Administrative 

Code"), 71 P.S. § 510-17A; and the rules and regulations promulgated there under ("Rules and 

Regulations"). 

B. The Authority is an Authority formed pursuant to the Municipality Authorities 

. Act of May 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, a tributary to the Monongal1ela River, and a water ofthe Commonwealth. 
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D. On August 22,2008, the Depaliment issued NPDES Permit No. PA0046426 to 

the Authority ("NPDES Permit"). The NPDES Permit authorizes the discharge of treated 

sewage from the STP to the South Fork Temllile Creek, and sets specific effluent limitations, 

monitoring requirements for the discharges, and other permit conditions. 

E. The STP accepts pretreated oil and gas wastewaters :5:om the Tri-County Waste 

F'(l-~\)Ld III\. IOwt1Stv..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 including but not limited 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 of Total Dissolved Solids ("TDS"). 

H. The Department determined that the effluent from the STP had elevated levels of 

TDS and that Tri-County's discharge of pretreated oil and gas wastewaters to the STP has 

contributed to the elevated levels of TDS. 

1. Oil and gas wastewaters are industrial wastes as defined at Section 1 of the Clean 

Streams Law, 35 P.S. § 691.1. 

J. The Department has determined that the concentration of TDS in the 

Monongahela River exceeds the established water quality criteria as established tmder Section 

93.7 of the Rules and Regulations, 25 Pa. Code § 93.7. The TDS criteria are established for the 

use and protection of the Monongahela River, a water of the Commonwealth, as a potable water 

supply ("PWS"). 

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K. The elevated levels of TDS in the discharge from the STP, as a result of accepting 

oil and gas wastewaters from the Pretreatment Facility, has possibly contributed to the 

exceedence of the water quality criteria and impacted the use of the Monongahela River as a 

PWS. 

1. The Authority's discharges ofTDS constitute violations of Section 93.6,93.7, and 

96.3 of the Rules and Regulations, 25 Pa. Code §§ 93.6, 93.7, and 96.3 and Sections 301, 307, 

and 401 of the 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 of the Clean Streams Law, 35 P.S. 

§§691.3, 691.307(c), 691.401, and 691.402; and constitutes unlawful conduct under 610 of the 

Clean Streams Law, 35 P.S. § 691.610. 

M. The Department issued an Administrative Order to the Authority on October 23, 

2008 ("2008 Order"). The 2008 Order required, among other things, that the Authority restrict 

its acceptance of oil and gas wastewater to no more than 1 % of the STP's daily flow, submit a 

technical evaluation of the impact of oil and gas wastewaters on the 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. 

N. On November 18,2008, the Authority appealed the 2008 Order to the 

Environmental Hearing Board, EBB Docket No. 2008-326-R. 

After full and complete negotiation of all matters set forth in this Consent Order and 

Agreement and upon mutual exchange of covenants contained herein, the pmiies desiring to 

avoid litigation and intending to be legally bound, it is hereby ORDERED by the Department 

and AGREED to by the Authority as follows: 

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1. Authority. This Consent Order and Agreement is an Order of the Depaliment 

authorized and issued pursuant to Sections 5, 316, 402,501 and 610 of the 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 other persons to use the findings in this 

Consent Order and Agreement in any matter or proceeding. 

3. . Corrective Actions. 

a. Upon execution of this Consent Order and Agreement, the Authority's 

obligations set forth in the 2008 Order al'e superseded. 

b. Commencing with the date of execution of this Consent Order and 

Agreement, the Authority shall not accept from the Pretreatment Facility a discharge rate in 

excess of 75 gallons per minute at any time, nor more than 50,000 gallons of oil and gas 

wastewater per day averaged over a calendar month with a daily maximum not to exceed 58,000 

gallons per day .. 

c. Commencing with the date of execution of this Consent Order and 

Agreement, the Authority shall not accept ally oil and gas wastewater at the STP in excess of the 

following conditions: 

i) pH: not less than 7.0 or more than 10.0 

ii) Temperature: not more than 140°F 

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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 more than 10 mg/L 

ix) Chlorides: not more than 25,000 mg/L. 

, d, Commencing with the date of the execution of this 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 of wastewater discharged to the STP daily. 

f. As long as any wastewater is accepted from the Pretreatment Facility, the 

Authority shall sample the STP effluent twice per week for TDS and chlorides. The samples 

shall consist of twenty-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 of the STP effluent for 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. 

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h. The sampling requirement set forth in Paragraphs 3.f and g above are in 

addition to any monitoring or sampling requirements set f01ih in the NPDES Permit. 

1. Commencing with the date of the execution of this Consent Order and 

Agreement and continuing as long as the STP accepts any oil and gas wastewater, the Authority 

shall conduct a monthly evaluation of the acceptance of oil and gas wastewater on the 

effectiveness of the treatment capabilities of the STP. The evaluation shall include any impact 

on removal efficiencies for BOD and TSS, compliance with effluent limitations, and the anlount 

and characteristics of sludge generated. 

J. Within fOliy-five (45) days of the execution oftrus Consent Order and 

Agreement, the Authority shall begin conducting a cm'oruc whole effluent toxicity test ("WET 

test") in accordance wi~h the requirements set forth in Appendix A which are incorporated herein 

as an obligation ofthis Consent Order and Agreement. Chronic WET testing shall be repeated 

qualierly until the STP does not receive oil and gas wastewaters. The WET tests shall be 

conducted in a manner that represents the impacts of the acceptance of oil and gas wastewater 

from the Pretreatment Facility. 

k. The Authority shall submit a monthly report to the Department by the 15th 

of each month detailing, for the prior month, the volume of oil and gas wastewater discharged to 

the STP, the results of the twice weekly TDS and chlorides sampling, and the results of any 

additional samples collected for the previous month. 

1. lfthe Department requires additional information to review and/or 

approve any submission required by this order, the Authority shall submit the requested 

information within the time frame set forth by the Department, which shall be reasonable. 

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m. Within five (5) days of execution ofthis Consent Order and Agreement, 

the Authority shall withdraw its appeal ofthe 2008 Order, docketed at EHB Docket No. 2008-

326-R. 

4. Progress Reports. The Authority shall submit quarterly progress repOlis to the 

Depmiment documenting their efforts to comply with their obligations of this Consent Order and 

Agreement ("Progress RepOli"). The Progress RepOlis shall be submitted to the Depmiment by 

the fifteenth day of April, July, October, and January and sent to the attention of Compliance 

Specialist, Water Management, Department of Enviromnental Protection, 400 Waterfront Drive, 

Pittsburgh, PA 15222-4745. The Qumierly Progress Reports shall include, but m"e not limited to: 

a. a description of the actions that have been taken towm"d achieving 

compliance with this Consent Order and Agreement, 

b. a description of activities scheduled for the next quarter, ( 

c. a description of problems or delays encountered or anticipated regarding 

performance of the activities required by this 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 of this Consent Order and Agreement, the Authority shall be in violation of 

this Consent Order and Agreement and, in addition to other applicable remedies, shall pay a civil 

penalty of TWO HUNDRED FIFTY DOLLARS ($250) PER DAY for each violation. 

b. Stipulated civil penalty payments shall be payable monthly on or before 

the fifteenth day of each 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 

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the attention of Compliance Specialist, Department of Enviromllental 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 nor preclude the 

Department from commencing arl action to compel the Authority's compliance with the terms 

and conditions of this Consent Order and Agreement. The payment resolves only the Authority's 

liability for civil penalties, arising from the violation of this 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. Additional Remedies. 

a. In the event the Authority fails to comply with any provision of this 

Consent Order and Agreement, the Department may, in addition to the remedies prescribed 

herein, pursue any remedy available for a violation of an order of the Department, including an 

action to enforce this Consent Order and Agreement. The payment of a stipulated penalty, 

however, shall preclude any further assessment of civil penalties for the violations for which the 

stipulated civil penalty is paid. 

b. The remedies provided by this par'agraph are cumulative arld the exercise 

of one does not preclude the exercise of any other. The failure of the Department to pursue any 

remedy shall not be deemed to be a waiver of that remedy. 

7. Reservation of Rights. The Department reserves the right to require additional 

measures to achieve compliance with applicable law. The Authority reserves the right to 

challenge any action that the Department may take to require those measures. 

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8. Liability of Operator. The Authority shall be liable for any violations of the 

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 

of this Consent Order and Agreement caused by, contributed to, or allowed by its successors and 

assIgns. 

9. Transfer of Site. 

a. The duties and obligations under this Consent Order and Agreement shall 

not be modified, diminished, terminated or otherwise altered by the transfer of any legal or 

equitable interest in the STP or any part thereof. 

b. If the Authority intends to transfer any legal or equitable interest in the 

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 of the legal and equitable 

interest at least thirty (30) days prior to the contemplated transfer and shall simultaneously 

inform the Southwest Regional Office of the Department of such intent. 

c. The Department in its sole discretion may agree to modify or terminate the 

Authority's duties and obligations under this Consent Order and Agreement upon transfer of the 

STP, The Authority waives any right that it may 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 of Environmental Protection 

400 Waterfront Drive 

Pittsburgh, PA 15222-4745. 

Phone: 412-442-4000 Fax: 412-442-4194. 

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11. 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 in the contact person's 

name, title, or address. Service of any notice or any legal process for any purpose under this 

Consent Order and Agreement, including its enforcement, may be made by mailing a copy by 

first class mail to the above addresses. 

12. Force Majeure. 

a. In the event that the Authority is prevented from complying in a timely 

manner with any time limit imposed in this Consent Order and Agreement solely because of a 

strike, fire, flood, act of God, or other circumstances beyond the Authority's control and which 

the Authority, by the exercise of all reasonable diligence, is unable to prevent, then the Authority 

may petition the Department for an extension of time. An increase in the cost of performing the 

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 of the 

obligations of this Consent Order and Agreement shall not be grounds for any extension of time. 

b. The Authority shall only be entitled to the benefits of this paragraph if it 

notifies the Department within five (5) working days by telephone and within ten (10) working 

days in writing of the date it becomes aware or reasonably should have become aware of the 

event impeding performance. The written submission shall include all necessary documentation, 

as well as a notarized affidavit from an authorized individual specifying the reasons for the 

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delay, the expected duration of the delay, and the effOlis that have been made and are being 

made by the Authority to mitigate the effects of the event and to minimize the length of the 

delay. The initial written submission may be supplemented within 10 working days of its 

submission. The Authority's failure to comply with the requirements of this paragraph 

specifically and in a timely fashion shall render this paragraph null and of no effect as to the 

paIiicular incident involved. 

c. The Department will decide whether to grant all or part of the extension 

requested on the basis of all documentation submitted by the Authority and other information 

available to the Department. In any subsequent litigation, the operator shall have the burden of 

proving that the Department's refusal to grant the requested extension was an abuse of discretion 

based upon the information then available to it. 

13. Severability. The paragraphs of this Consent Order and Agreement shall be 

severable and should any part hereof be declared invalid or unenforceable, the remainder shall 

continue in full force and effect between the parties. 

14. Entire Agreement. This Consent Order and Agreement shall constitute the entire 

integrated agreement of the parties. No prior or contemporaneous communications or prior 

drafts shall be relevant or admissible for purposes of determining the meaning or extent of any 

provisions herein in any litigation or any other proceeding. 

15. Attorney Fees. The parties shall beaI" their respective attorney fees, expenses and 

other costs in the prosecution or defense of this matter or any related matters, aI"ising prior to 

execution ofthis Consent Order and Agreement. 

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16. Modifications. No changes, additions, modifications, or amendments of this 

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 of any paragraph of this Consent Order and 

Agreement may be used to aid in the construction of that paragraph, but shall not be treated as 

controlling. 

18. Decisions under Consent Order. Any decision which the Department makes 

under the provisions of this Consent Order and Agreement is intended to be neither 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 until the Department enforces this Consent 

Order and Agreement. 

19. Resolution. The Authority shall attach hereto as Appendix B a resolution of the 

Authority authorizing its signatories below to enter into this Consent Order and Agreement. 

20. Termination of Obligations. 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 executed by their duly authorized representatives. The undersigned 

representatives of the 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 behalf of the Authority; 

that the Authority consent to the entry of this Consent Order and Agreement as a final ORDER 

of the Depaliment; and that the Authority hereby knowingly waives its rights to appeal this 

Consent Order and Agreement and to challenge its content or validity, which rights may be 

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, 

, 

available under Section 4 of the Environmental Hearing Board Act, the Act of July 13, 1988, 

P.L. 530, No. 1988-94,35 P.S. § 7514; the Administrative Agency Law, 2 Pa. C.S. § .1 03 (a) and 

Chapters 5A and 7 A; or any other provision of law. Signature by the Authority's attorneys 

certifies only that the agreement has been signed after consulting with counsel. 

FOR THE FRANKLIN TOWNSHIP 

SEWER AUTHORITY: 

a citor for the Franklm Township 

wer Authority 

FOR THE COMMONWEALTH OF 

PENNSYLVANIA DEPARTMENT OF 

ENVIRONMENTAL PROTECTION: 

.-L2C)£., 

Regional 

Samuel C. 

Manager 

Harper ~ 

Water Management 

Southw st Region 

! 

, ~ jr J~U11es A. Meade II Assistant Counsel 

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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 and perform 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, if possible. 

B. Test Frequency 

1. Chronic WET testing shall be conducted stmiing within 45 days of execution of this Consent 

Order and Agreement and repeated qumierly until the STP does not receive oil and gas 

wastewaters. 

2. If any of the quarterly chronic tests result in an NOEC less than the Target In-stream Waste 

Concentration chronic ("TIWCc") of 80 (the TIWCc is the IWCc/l.O), the Authority shall, 

within 45 days of the test completion, submit a full and complete NPDES permit amendment 

application to the Department to 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 of the causative agents; possible control options to 

reduce or eliminate the effluent toxicity; and a plan and schedule for implementation of 

controls. 

The Depmiment will determine if the toxicity has been properly addressed based upon the 

Authority'S NPDES permit amendment application. If the Authority does not identify the 

sources of toxicity 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 of not greater than every two hours and flow proportioned. The smnple must be 

collected at the NPDES permit sampling point. The Authority shall collect chemical and 

physical data on the chronic effluent samples specified in the NPDES permit. 

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D. 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 in this permit 

condition, supplemented by Short-term Methods for Estimating the Chronic Toxicity of Effluents 

and Receiving Waters of Freshwater Organisms, EPA-821-R-02-013, U.S. EPA (4th Ed., Oct. 

2002) or the most current version. If the Depruiment determines that the proper cm'onic test 

acceptability criteria are not met or the proper QAIQC conditions were not followed, the 

Authority must perform a retest within 30 days. 

To properly conduct chronic WET tests, the laboratory must prepare a series of effluent dilutions 

which ru'e specific to the STP discharge. The Authority must inform the WETT laboratory of the 

proper dilution series. The dilution series must include at least one dilution below the 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 EPA Methods (above) shall be 

performed for each sampling event, including each new batch of dilution water and each testing 

event. 

In addition to the chemical analyses required above, those parameters listed in PART A and 

PART C of the NPDES permit for the outfall(s) tested will be analyzed concurrently with the 

WET Test by using the method specified in the NPDES permit or, if not specified, by using EPA 

methods at 40 CFR Part 136; Standru'd Methods for the Examination of Water and Wastewater, 

American Public Health Association; or approved methods cited in 25 P A Code Chapter 16, 

Water Quality Toxics Management Strategy, Statement of Policy. 

F. Chronic Toxicity Test RepOli Elements 

At a minimum, the following shall be reported with each chronic WET test: 

1. General test description: - origin and age of test organisms, dates and results of reference 

toxicant tests; light and temperature regimes; other information on test conditions. 

2. Completion of Ceriodaphnia dubia and Pimephales promelas coversheets (Forms 

3620-FM-WQOI46 3/95 and 3620-FM-W2 1453/95). 

3. Description of sample collection procedures and of the sample location. 

- 4. Names of individuals collecting and trru1sporting samples, times and dates of sample 

collection and ru1alysis, and temperature of sample upon receipt. 

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5. Description, time and date of sample 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 of raw 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 of test results should include comparison of both controls. 

9. All observations or test conditions affecting the test outcome should be 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 

EP A. RepOlis of reference toxicant tests shall include all information needed for the 

proper evaluation of the test. This includes the following: water chemistry parameters 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 of all chronic WET test reports to the Department within thirty 

(30) days of the test completion. 

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FRANKLIN TOWNSHIP SEWER AUTHORITY 

RESOLUTION NO. - 2008 

WHEREAS, the Commonwealth of Pennsylvania, Department of Environmental 

Protection, issued an Administrative Order to the Franklin Township Sewer Authority on 

October 23,2008 ("2008 Order"). The 2008 Order required, among other things, that the 

Authority restrict its acceptance of oil and gas wastewater to no more than 1 % of the STP's daily 

flow, submit a technical evaluation of the impact of oil and gas wastewaters on the 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, on November 18,2008, the Authority appealed the 2008 Order to 

the Environmental Hearing Board, EHB Docket No. 2008-326-R; and 

WHEREAS, after full and complete negotiation of all matters set forth in a 

Consent Order and Agreement and upon mutual exchange of covenants contained herein, the 

parties desire to avoid litigation. 

NOW, THEREFORE, BE IT RESOLVED by the Franklin Township Sewer 

Authority, as follows: 

SECTION 1: Franklin Township Sewer Authority hereby agrees to the Consent 

Order and Agreement, a copy of which is attached hereto with said Consent Order and 
Agreement being executed in the name and under the corporate seal of Franklin Township Sewer 

Authority by the Chairman and attested to by the Secretary of the Authority. 

SECTION 2: The Chairman, Secretary, Solicitor, and Engineer of the Authority 

are authorized and directed to take such other necessary action as may be required to perform all 

the provisions of said Consent Order and Agreement. 

RESOLVED by Franklin Township Sewer Authority on this 2nd day of 

December, 2008. 

ATTEST: 

Secretary 

(AUTHORITY SEAL) 

---------------- --~ 

FRANKLIN TOWNSHIP SEWER 

AUTHORITY