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PA Bulletin, Doc. No. 96-1179

NOTICES

ENVIRONMENTAL HEARING BOARD

Utica Mutual Insurance Company v. DEP; Doc. Nos. 95-227-MG (Tunnelton Mining Company, Marion Mine Coal Refuse Disposal Area) and 95-228-MG (Tunnelton Mining Company, Marion Deep Mine and Prep Plant)

[26 Pa.B. 3492]

   Utica Mutual Insurance Company (Utica) and the Department of Environmental Protection (Department) have agreed to a settlement of the above matter.

   The parties have agreed to a settlement, the major provisions of which include that the three reclamation bonds underwritten by Utica for the Tunnelton Mining Company Marion Mine and the facilities related to the Marion Mine are forfeited. The Department will release Utica from liability for 85% of the payment under the forfeited bonds in accordance with a schedule of work to be completed to the Department's satisfaction. This work includes sealing the shafts, slopes and boreholes, demolition of structures, grading and capping of the Coal Refuse Disposal Area, elimination and repair of impoundments and ponds, monitoring of static water levels and water quality of the Marion Mine Pool; topsoiling and seeding of the Mine and Mine-related facilities.

   Utica will be released from payment of the final 15% of the forfeited bonds after permanent and stabile vegetation is re-established at the Marion Mine and the Marion Mine-related facilities and after a second agreement has been entered that provides for the perpetual collection and treatment of all surface discharges from the Marion Mine and the Marion Mine-related facilities according to effluent standards acceptable to the Department.

   Copies of the full agreement are in the possession of:

   Diana J. Stares, Regional Counsel and Gail A. Myers, Assistant Counsel, Department of Environmental Protection, Office of Chief Counsel, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, (412) 442-4262;

   William T. Gorton, III, Esquire, Stites and Harbison, 2300 Lexington Financial Center, 250 West Main Street, Lexington, KY 40507;

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. 96-1179. Filed for public inspection July 19, 1996, 9:00 a.m.]


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