[Federal Register Volume 59, Number 201 (Wednesday, October 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25818]
[[Page Unknown]]
[Federal Register: October 19, 1994]
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DELAWARE RIVER BASIN COMMISSION
Notice of Commission Meeting and Public Hearing
Notice is hereby given that the Delaware River Basin Commission
will hold a public hearing on Wednesday, October 26, 1994. The hearing
will be part of the Commission's regular business meeting which is open
to the public and scheduled to begin at 1:00 p.m. in the Goddard
Conference Room of the Commission's offices at 25 State Police Drive,
West Trenton, New Jersey. The hearing on proposed amendments to the
Basin Regulations--Water Supply Charges will be held at 3:00 p.m.
An informal conference among the Commissioners and staff will be
open for public observation at 10:30 a.m. at the same location and will
include a presentation on New Jersey's management of the Potomac-
Raritan-Magothy Aquifer and a status report on the Upper Delaware ice
diversion project.
The subjects of the hearing will be as follows:
Proposed Amendments to Comprehensive Plan and Basin Regulations--Water
Supply Charges
Notice was given in the August 5, 1994 Federal Register, Vol. 59,
No. 150 p. 39991, that the Commission would hold a public hearing on
October 26, 1994 to receive comments on proposed amendments to its
Comprehensive Plan and Basin Regulations--Water Supply Charges
concerning the transfer of Certificates of Entitlement. Holders of
Certificates of Entitlement are exempted from the payment of water
charges until such certificates are transferred. The amendments would
(1) define ``transfer''; (2) delete two categories of exemptions from
the existing general rule that terminates Certificates of Entitlement
upon transfer and (3) revise a third such category. Commission
regulations require upon transfer, the termination of Certificates of
Entitlement which permit the withdrawal of water from the basin without
charge. The U.S. Court of Appeals has confirmed the Commission's power
under its Compact to terminate Certificates of Entitlement when a
transfer has occurred. The court also ruled that the Commission's
interpretation of its existing regulation that limited the extent to
which certain transfers were exempt from termination was not consistent
with the specific wording of the regulations. Pursuant to the court
ruling, the Commission proposes to amend its Basin Regulations--Water
Supply Charges, so that transfer exceptions are consistent with
existing Commission policy to terminate Certificates of Entitlement
when a transfer of ownership and/or control of a water using facility
occurs. The amendments inter alia define a transfer to include the sale
of corporate stock. They also delete existing exceptions to the
transfer rule for corporate merger transactions and certain
transactions under the Internal Revenue Code.
Current Expense and Capital Budgets. A proposed current expense
budget for the fiscal year beginning July 1, 1995, in the aggregate
amount of $3,326,500 and a capital budget for the same period in the
amount of $1,937,500 in revenue and $1,481,500 in expenditures. Copies
of the current expense and capital budget are available from the
Commission on request by contacting Richard C. Gore.
A Proposal to Adopt the 1994-1995 Water Resources Program. A
proposal that the 1994-1995 Water Resources Program and the activities,
programs, initiatives, concerns, projections and proposals identified
and set forth therein be accepted and adopted, in accordance with the
requirements of Section 13.2 of the Delaware River Basin Compact.
Applications for Approval of the Following Projects Pursuant to Article
10.3, Article 11 and/or Section 3.8 of the Compact
1. Olde Colonial Greene Property Owners Association D-73-20 CP
(Revised) RENEWAL-2. An application for the renewal of a ground water
withdrawal project to supply up to 2.43 million gallons (mg)/30 days of
water to the applicant's residential development from Well Nos. 1 and
2. Commission approval on September 27, 1989 was limited to five years.
The applicant requests that the total withdrawal from all wells remain
limited to 2.43 mg/30 days. The project is located in Doylestown
Township, Bucks County, in the Southeastern Pennsylvania Ground Water
Protected Area.
2. Newton Country Club D-92-25. A withdrawal project that provides
up to 6.17 mg/30 days (0.21 million gallons per day (mgd)) of combined
surface water and ground water for golf course irrigation at the Newton
Country Club located in Andover Township, Sussex County, New Jersey.
Well Nos. 1 and 2 supplement two ponds, located on an unnamed headwater
tributary to Paulins Kill, from which water is diverted to the
irrigation facilities.
3. Hampton Lakes Water Company D-92-42 CP. An application for
approval of a ground water withdrawal project to supply up to 18.4 mg/
30 days of water to the applicant's distribution system from new Well
No. 4, and to reduce the existing withdrawal limit of all wells from
49.6 mg/30 days to 37 mg/30 days. The project is located in Southampton
Township, Burlington County, New Jersey.
4. Boeing Defense and Space Group D-94-30. A project to upgrade the
applicant's existing industrial wastewater treatment plant (IWTP) which
discharges to a tidal portion of Crum Creek in Water Quality Zone 4,
after mixing with boiler blowdown, noncontact cooling water, cooling
tower blowdown, and condensate, at a rate of 234,000 gallons per day
(gpd). The IWTP will continue to serve the applicant's military and
commercial aircraft manufacturing operation and is located in Ridley
Township, Delaware County, Pennsylvania, just northeast of the State
Route 291 bridge over Crum Creek.
5. Washington Township Municipal Authority D-94-42 CP. A project to
construct a 250,000 gpd sewage treatment plant (STP) to serve a portion
of Washington Township. The STP will be located just east of Route 100
and approximately 2000 feet south of the Borough of Bally, in
Washington Township, Berks County, Pennsylvania. The proposed secondary
activated sludge plant will discharge treated effluent, after
disinfection, to West Branch Perkiomen Creek.
6. Upper Frederick Township D-94-57 CP. An application for
inclusion in the Comprehensive Plan of a ground water withdrawal
project to supply up to 2.01 mg/30 days of water to the applicant's
distribution system from existing Well Nos. P-1 and P-2, previously
issued a Protected Area Permit under Section 10.3 for G.I.D.A., Inc.
The project is located in Upper Frederick Township, Montgomery County,
in the Southeastern Pennsylvania Ground Water Protected Area.
Documents relating to these items may be examined at the
Commission's offices. Preliminary dockets are available in single
copies upon request. Please contact George C. Elias concerning docket-
related questions. Copies of the full text of the proposed amendments
to the Basin Regulations--Water Supply Charges and a staff statement in
support of the amendments may be obtained by contacting Susan M.
Weisman. Persons wishing to testify at this hearing are requested to
register with the Secretary prior to the hearing.
Dated: October 11, 1994.
Susan M. Weisman,
Secretary.
[FR Doc. 94-25818 Filed 10-18-94; 8:45 am]
BILLING CODE 6360-01-P