1989-07-25_GENERAL DOCUMENTS - C1981017

• Permit No: C1981017
• IBM Index Class Name: GENERAL DOCUMENTS
• Doc Date: 7/25/1989
• Doc Name: Bid Documents ‎(IMP)‎
• Permit Index Doc Type: General Correspondence
• Media Type: D
• Archive: No

Minutes , November 15 , 1989 PAGE 17
Prior to this Hearing, Staff provided the operator with a list of
documents (EXHIBIT A), i .e. , a map, inspection reports, the enforcement
actions taken;e1c., that would be presented to the Board.
Mr. Ed. Mulhall , an attorney representing the operator, discussed the
packet of documents presented by Staff. It was noted that he objected
to Item #8 in the packet, the Notice of Violation and Cease and Desist
Order issued by the Department of Health . He further stated that the
operator is contesting two issues: 1 ) the fact of the Violation as it
is written and 2 ) the number of days of the penalty. Mr. Mulhal l
described the occurrences at the site that lead to the Division's
actions .
Staff referenced Exhibit A and discussed this issue. The inspection at
that mine site was conducted from June 29 to July 1 , 1989.
Representatives from the mine telephoned at approximately 4:30 p.m. on
June 28, 1989, and notified the Division that during the cleaning of
the upper pond, the contractor's dragline hooked and broke open a part
of the metal spillway. This caused an upsurge of water and sediment
from NPDES 016, therefore, the Division began an inspection of the site
during the morning of June 29 , 1989. Of the 3 ponds at the site, the
damage was incurred at the upper pond's spillway. As a result of the
damage to the spillway, there was sediment from the upper pond carried
into the middle and lower ponds. Staff further discussed the
inspection in detail .
Since Staff considered that there was potential for significant
environmental harm to water r-esou.rces, Cessation. Order-C-89-019 •was-
written. The Order requi"red-that-the'-discharge at-016'"cease
immediately, and this was accomplished by the operator during the
morning of June 29, 1989. Staff reviewed the violations for which the
Cessation Order was written, including: 1 ) failure to maintain
appropriate sediment control measures , etc. , a violation of Rule
4-105 .5(1 )(a) ); 2) failure to operate and maintain adequate facilities
to treat water discharge from an underground mine (Rule 4.05 .2(9) ); 3)
failure to maintain a support facility to prevent additional
contributions of suspended solids to stream-flow, etc. , (Rule
4.04f1 -)(b) ). --The.-portion of the operation to which the Cessation Order
appl i ed was limited to the system of the 3 ponds.
The first abatement measure required by the Division included placing
the upper pond in proper operating condition and providing appropriate
engineering certification that the pond conformed to approved design
parameters; this step was completed on June 29, 1989. At that time,
the structure was recertified by Mr. Scott Jones , a registered long
wall engineer for the mine. A copy of his recertification and
statement concerning the damage and repairs is part of Exhibit A (0).
The second abatement measure was to satisfactorily demonstrate that the
discharge from the pond system could meet discharge permit limits , but
this was removed from the required abatement by a modification.
Cleanup was accomplished by July 1 , 1989, therefore, the Cessation
Order was terminated on that date. Staff answered questions from the
Board.