ENFORCE22143

• Permit No: C1981022
• IBM Index Class Name: Enforcement
• Doc Date: 1/13/1993
• Doc Name: SOMERSET MINING CO NOV C-92-034 ASSESSMENT CONFERENCE PERMIT C-81-022
• From: J E STOVER & ASSOCIATES
• To: DMG
• Violation No.: CV1992034
• Media Type: D
• Archive: No

01-13-1993 12~S1FP1 FROM J. F. STOVER. & AS50rIATE9 TD 17009328106 P.02
f ~ ~
SOMERSET MINING COMPANY
ASSESSMENT CONFERENCE - 1-13-93 - 2:00 P.M.
NOV C-92-034 - NONCOAL iPASTE STORAGE
As a result of a joint OSM - DMG inspection, Somerset was issued an
NOV because there was no specific noncoal waste atorage area identified in
the permit area.
The NOV covers two separate topics. The first in the storage and
disposal of waste paper, lumber, pipe, supplies, cardboard etc. No
specific noncoal waste storage area was identified for these materials.
The, coal inspection report (10/20 - 10/23/92) states the NOV was issued
for failure to maintain noncoal waste in an approved
noncoal waste atorage area. This NOV was issued due
to an identified permit defect wherein there ie not
a specific noncoal waste atorage area identified.
The second topic involves a metal shed which contains 17 barrels of
excess material. At the timo the NOV was written, DMG believed the barrels
were stored Improperly. There was a PC8 sticker on the building and an one
of the barrels in the building. Further investigation revealed that there
were no Pcse in the building. The barrels contain fire fighting foam,
yellow paint, cement hardener, sealing foam, hydraulic oil, cleaning
solvent and oil. The barrel with the PC8 sticker on it was empty.
The atorage of the barrels in the metal building is believed to be
"proffer" storage. A six inch lip around the floor of the metal building
provides secondary containment. The steel lip provides a spill containment
capacity (secondary containment) of 54 cubic feet (9.4' X 11.5' X 0.5').
After removing the volume of the barrels that take up part of the
containment volume, the net secondary containment volume is about 30 cubic
feet. Generally, secondary containment should be provided for the entire
contents of the largest single tank in a atorage area plus precipitation
which is not applicable to this covered storage building (Ref 40CFR 112.3).
One SS gallon barrel contains 7.4 cubic feet therefore the metal atorage
building satisfies the secondary containment requirement.
The civil penalty was calculated based on the incorrect assumption
that) 1) hazardous materials were atorad in Lhe drama and 2; thers waa a
potential for surface and ground water contamination from a spill.
Somerset believes the metal buildino ~s a good place to store barrels
of excess material. The building provide, spill containment which is very
important. The building was previously used to store ?CB transformers that
we yetematically removed from the somereet Mine through 1987. After
t:i4. _ me, the building was available for barrel atorage.
Somerset believes the civil penalty should be calculated on the basis
of the identified permit defect explained above. Both the metal building
(barrels) and the other noncoal waste at the mine site have been stored in
an appropriate manner. The only problem regarding this atorage is that the
material has not bean stared in an area identified in the permit.
TOTgL P. 02