1994-02-07_ENFORCEMENT - C1981017

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devices shall be periodically inspected and maintained in good operating conditions by the person conducting the surface coal mining operations. Boreholes, . . . . . " . Although there was some leakage from the block wall, the wall was well constructed and served the purpose of preventing access into the mine. At the conference I concluded that the NOV should be vacated. However, while writing this up, it became obvious to me that the NOV was issued for "failure to maintain . .". I don't feel water discharging through the grout or a plugged outlet pipe represents good maintenance regardless of whether the seal is temporary or permanent. I believe this NOV should be upheld. I will give MCR an opportunity to discuss the penalty when the conference is continued in January. As part of the reclamation last summer, MCR did permanently seal the portal as required by the Division and MSHA. A discharge from the portal is permitted by the NPDES permit. NOV C-93-099 NOV C-93-099 was issued for "Failure to repair rills and gullies on the old refuse pile according to the rill and gully plan in the permit". The rill and gully plan in the permit says: The portion of the old pile that was constructed after 1977 will be inspected assnow cover allows; inspections to identify erosion problems will be conducted once per month from May through July. Inspection will also be made after any significant rainfall event. If any are noted, temporary control will be estavlished by hay bales or parts of bales being placed at prudent intervals along the rill or gully within 10 days of detection. When the refuse pile dries out (generally July or August) , mechanical methods will be used to remove or fill the rills and gullies, always keeping in mind to minimize disturbance of existing vegetation. . . . . " The plan clearly states that repairs will not occur until July. The issue is whether or not a survey was done to identify the rills and gullies. Mid-Continent contends that in May the conditions did not permit access to the pile and a survey could not be done. They had 271" of snow last winter/spring. The pile was not clear until June. Since, the oversight inspection occurred in the middle of June, they still had a couple of weeks to conduct their R&G inspection. Tony Waldron confirmed that the pile was inaccessible during his May 19 inspection. During the June inspection, snow had melted off the site. Surficially, the area was dry. The question is whether or not they were in violation because an inspection had not been conducted. Larry presented an analogy to water sampling. If an operator had not conducted their water sampling by, for example June 17, would they be in violation? No, they have the entire month to complete