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PA Bulletin, Doc. No. 97-126

NOTICES

ENVIRONMENTAL
HEARING BOARD

Kniseley Coal Company v. DEP; Doc. No. 95-248-R

[27 Pa.B. 498]

   The Department of Environmental Protection (Department) and Kniseley Coal Company (Kniseley) have agreed to a settlement of the above matter. Kniseley Coal Company operated an underground bituminous coal mine in McCalmont Township, Jefferson County, under Coal Mining Activity Permit No. 33841305 (No. 10 Deep Mine). On October 16, 1995 the Department issued Compliance Order No. 95-2-083U to Kniseley, citing Kniseley for its failure to close, backfill, or otherwise permanently reclaim the No. 10 Deep Mine, and ordering Kniseley to submit a plan to the Department to reclaim the No. 10 Deep Mine. Kniseley appealed Compliance Order No. 95-2-083U to the Environmental Hearing Board, which appeal was docketed at EHB Docket No. 95-248-R. On December 4, 1995 the Department issued Compliance Order No. 95-2-087U, which cited Kniseley for failing to comply with Compliance Order No. 95-2-083U.

   The parties have agreed to a settlement, the major provisions of which include:

   1.  On or before March 1, 1997, Kniseley shall seal all boreholes, shafts and other openings to the No. 10 Deep Mine in accordance with the revised closure plan.

   2.  On or before April 1, 1997, Kniseley shall:

   a)  demolish and remove all buildings and materials from the No. 10 Deep Mine except those allowed to remain as set forth in Kniseley's revised closure plan;

   b)  remove all scrap, equipment and machinery from the No. 10 Deep Mine, except for those items allowed to remain as set forth in Kniseley's revised closure plan; and

   c)  backfill the affected surface area of the No. 10 Deep Mine to approximate original contour.

   3.  On or before May 30, 1997, Kniseley shall revegetate the surface areas of the No. 10 Deep Mine to the specifications set forth in its revised closure plan and 25 Pa. Code § 89.86.

   4.  Civil penalties of $23,810 are assessed against Kniseley. However, if Kniseley timely complies with the above-listed requirements, the Department shall waive the collection of these civil penalties.

   5.  Kniseley's appeal before the Environmental Hearing Board at EHB Docket No. 95-248-R is dismissed with prejudice.

   Copies of the full agreement are in the possession of:

   Steven Lachman, Assistant Counsel, Department of Environmental Protection, Office of Chief Counsel, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, (412) 442-4262;

   Francis Caltagarone, Kniseley Coal Company, P. O. Box 158, Reynoldsville, PA 15851, (814) 653-2978;

and at the offices of the Environmental Hearing Board, and may be reviewed by any interested person on request during normal business hours.

   Persons who are aggrieved by the above settlement have a right to appeal to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, PA 17105-8457. Appeals must be filed within 20 days of this publication.

   If information concerning this notice is required in an alternative form, contact the Secretary to the Board at (717) 783-3483. TDD users may telephone the Board through the AT&T Pennsylvania Relay Service at 1 (800) 654-5984.

   The Environmental Hearing Board is empowered to approve this settlement if no objection is timely filed with the Board.

GEORGE J. MILLER,   
Chairperson

[Pa.B. Doc. No. 97-126. Filed for public inspection January 24, 1997, 9:00 a.m.]



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