2011-10-28_ENFORCEMENT - C1982056

Home Browse Search

TC is committed to full compliance with all applicable regulatory requirements. Although we question the basis for the NOV, and whether it should have been issued to TC, we remain committed to working with the CDRMS to resolve all outstanding issues in a timely and responsible manner. Consistent with that commitment, we developed, submitted, and immediately on receipt of GDRMS approval, proceeded diligently with the approved Abatement Plan. NOV Penalty Considerations History - TC works very hard to maintain full compliance with all applicable regulatory requirements and permit commitments. TC has not had an NOV since December of 2008, when a contractor initiated work on a clay stockpile prior to receiving notice to proceed from TC. Seriousness and Fault - As detailed in the prior discussion, TC handles "coal mine waste ", including coal processing waste and any mine development waste that meets the regulatory criteria for disposal (ie: non combustible), in accordance with our approved Permit, disposing of these materials in our approved Coal Refuse Disposal Area. Any noncoal waste and those components of the mine development waste that do not meet the regulatory criteria for disposal in the Coal Refuse Disposal Area are designated for disposal in a State - approved disposal facility (ie: the Twin Landfill Facility). An outside contractor has been contracted to handle and transport these wastes to this facility. Any transport of materials to a facility other than that designated by the haulage contract was done with TC's knowledge or consent, and was outside the scope of TC's supervision and control. While the contractor's decision to operate outside of the scope of his contracted responsibilities is regrettable and wrong, the potential impact of his actions was limited by the fact that the majority of the materials were stockpiled and not disposed of, and by the relatively benign character of the materials, which generally consisted of clays, rock, some coal, and miscellaneous inert trash (timbers, chain, cinder blocks, etc.). The clay, rock, and coal components of the material have previously been characterized in the TC Permit document as being non - toxic, non acid - forming, and generally meeting the suitability guidelines for mine reclamation and revegetation. Good Faith - While questioning whether an NOV should ever have been issued in the first place, TCC committed to work with the Division to resolve all outstanding issues in a timely and responsible manner. As evidenced by the previous summary of "Abatement Requirements and Diligence Considerations ", TC completed each required abatement step well before the designated abatement dates, and, as evidenced by the field inspection reports and photos submitted to the Division, closely monitored the abatement process to assure that abatement activities were both timely and complete. TC takes a problem like this, with one of our contractors very seriously, and took several steps to both address the problem of waste going to a location other than the designated location, and actions that were taken without our knowledge or consent: • All existing contracts and all ongoing work for the contractor, which has done considerable work for TC, were suspended • The contractor was notified that they would be financially responsible for successful and timely completion of the approved Abatement Plan • The contractor was notified that any consideration for future work for TC would be dependent on their performance in completing the required abatement activities in a timely and complete manner, and that consideration of their firm for any future work would be subject to specific restrictions and controls