[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