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PA Bulletin, Doc. No. 96-1849

NOTICES

Utica Mutual Insurance Company v. DEP; EHB Doc. No. 96-072-R

[26 Pa.B. 5269]

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

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

   The Bond No. SU1330833 posted for Coal Mining Activity Permit No. 02841302 in Rostraver and Elizabeth Townships, Allegheny and Westmoreland Counties is forfeited due to various violations of the laws and regulations of Pennsylvania and unpaid civil penalties. Utica shall conduct reclamation activities including shaft sealing, building demolition, removal of ponds, regrading and revegetation at the following surface sites associated with Crescent Hill's Ocean No. 5 Mine: Rock Cut Fan Site, Smallis Fan Site, the Buddtown Basins, and the main Portal area. Collection of the bond shall be waived by the Department upon Utica's successful completion of the reclamation activities.

   Copies of the full agreement are in the possession of:

   Michael J. Heilman, Assistant Counsel, Department of Environmental Protection, Office of Chief Counsel, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, (412) 442-4262;

   William T. Gorton, Esquire, Stites & Harbison, 2300 Lexington Financial Center, Lexington, KY 40507, (606) 226-2300;

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) 787-3483. TDD users may telephone the Board through the AT&T Pennsylvania Relay Center 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. 96-1849. Filed for public inspection November 1, 1996, 9:00 a.m.]


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