August 7, 2017 Tom Joseph President Epiphany Allegheny, LLC 1435 Bedford Ave Pittsburgh, PA 15219-3675 Re: Denial of WQM Permit Application Epiphany Allegheny, LLC Application No. 5317201 Authorization ID No. 1192003 Eulalia Township, Potter County Dear Mr. Joseph: V. 1. 1 CERTIFIED MAIL NO. 7015 1730 0000 7751 8127 OP EN _S OU RC E The Department of Environmental Protection (DEP) has reviewed your application for a Water Quality Management (WQM) permit and has determined that it is incomplete, and therefore it is denied pursuant to 25 Pa. Code §§ 92a.25 and 92a.36. The application is incomplete due to the failure to provide sufficient information for DEP to conduct a technical review, as required by applicable laws and regulations. As conveyed to you in an email dated August 04, 2017, the following items were not included in your permit application package. Proof of Public Notification For this application type, the Department requires proof of notification in a local newspaper of general circulation published in the locality where the permit has been applied for. The Department will accept either (A) a notarized copy of a publication in a local newspaper within the county where the facility will be located with a statement of the publication dates, or (B) separate clippings of each notice that shows the publication dates. The documentation must show that the notice was published at least once per week for four consecutive weeks. Since Epiphany Allegheny, LLC (Epiphany) cannot submit proof that the newspaper notifications have appeared in the newspaper(s) for four consecutive weeks, the Department considers this deficiency significant in nature and therefore must deny this application. You may resubmit the permit application, at which time DEP will conduct a new completeness review. If you decide to resubmit the permit application, you must include the permit application fee with your resubmission. Northcentral Regional Office 208 W Third Street Suite 101 Williamsport, PA 17701-6448 570.327.3636 Fax 570.327.3565 www.depweb.state.pa.us Tom Joseph - 2 - August 7, 2017 Act 537 Sewage Planning CAMA Change in Waste-Stream Notification V. 1. 1 While not required for administrative completeness, the Department cannot issue a WQM permit without Act 537 Planning for the proposed sub-division/long-term lease of the Coudersport Area Municipal Authority property. Please contact William Bailey, Sewage Planning Specialist in the Department’s Clean Water Program, for more information. His contact information is (phone) 570-327-3688 and (email) wibailey@pa.gov. Prior to Epiphany discharging to the Coudersport Area Municipal Authority (CAMA) wastewater treatment plant, CAMA must notify the Department of the proposed change in its waste stream in accordance with NPDES permit requirements. This should be coordinated between Epiphany and CAMA, as it appears that this proposed facility is unable to obtain a WGMR123 authorization and therefore cannot recycle wastewater indefinitely. OP EN _S OU RC E Any person aggrieved by this action may appeal, pursuant to Section 4 of the Environmental Hearing Board Act, 35 P.S. Section 7514, and the Administrative Agency Law, 2 Pa.C.S. Chapter 5A, to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, P.O. Box 8457, Harrisburg, PA 17105-8457, 717.787.3483. TDD users may contact the Board through the Pennsylvania Relay Service, 800.654.5984. Appeals must be filed with the Environmental Hearing Board within 30 days of receipt of written notice of this action unless the appropriate statute provides a different time period. Copies of the appeal form and the Board’s rules of practice and procedure may be obtained from the Board. The appeal form and the Board’s rules of practice and procedure are also available in braille or on audiotape from the Secretary to the Board at 717.787.3483. This paragraph does not, in and of itself, create any right of appeal beyond that permitted by applicable statutes and decisional law. IF YOU WANT TO CHALLENGE THIS ACTION, YOUR APPEAL MUST REACH THE BOARD WITHIN 30 DAYS. YOU DO NOT NEED A LAWYER TO FILE AN APPEAL WITH THE BOARD. IMPORTANT LEGAL RIGHTS ARE AT STAKE, HOWEVER, SO YOU SHOULD SHOW THIS DOCUMENT TO A LAWYER AT ONCE. IF YOU CANNOT AFFORD A LAWYER, YOU MAY QUALIFY FOR FREE PRO BONO REPRESENTATION. CALL THE SECRETARY TO THE BOARD (717.787.3483) FOR MORE INFORMATION. Tom Joseph - 3 - August 7, 2017 The Department will retain a copy of the incomplete permit application for its files. If you have any questions, please contact Jeffrey J. Gocek, EIT at 570.327.3665 or jgocek@pa.gov. Thomas M. Randis Environmental Program Manager Clean Water Program File Operations Section Stephen Hughes (Tetra Tech, Inc.) Central Office, Division of Operations, Monitoring and Data Systems OP EN _S OU RC E cc: V. 1. 1 Sincerely,