_GENERAL DOCUMENTS - C1981017 (137)

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Mr. Michael Mechau 2 The inspection revealed that the concrete structure is, in fact, not functioning as intended. However, close inspection of the structure did not reveal a condition which would constitute an imminent, significant environmental harm situation. In addition, DMG had previously issued a NOV addressing this violation. AFO will closely monitor DMG's processing of the NOV to ensure that the required abatement.work is accomplished within the shortest time possible. 3. Waste Piles - Two waste pile areas present an imminent harm situation. a. Pre-Law section of refuse pile associated with the post-law diversion ditch above Coal Creek. The inspection did not sustain the allegation of an imminent harm situation. However, the use and maintenance of the diversion ditch located at the toe of the old refuse pile has caused, in isolated areas, slumping of the refuse material. While DMG had previously issued a NOV requiring maintenance of the diversion ditch they had not addressed the need to stabilize the affected areas of the slope above the ditch. During the inspection of July 7, 1993, DMG was asked to address the unstable areas affected by the use\maintenance of the diversion ditch. DMG declined to take any further action. Therefore, AFO has issued a Ten-Day Notice to DMG. b. Instability of Post-Law portion of "old" refuse pile adjacent to Dutch Creek. Inspection of this area revealed that the rigid requirements for the issuance of an Imminent Harm Cessation Order could not be sustained at the time of the inspection. However, it was clearly obvious that without required expeditious action by the operator the site could quickly deteriorate into a significant, environmental harm situation. Therefore, DMG was asked to take an enforcement action regarding the site. The state declined to do so. At the close-out meeting following the inspection AFO indicated that a TDN would be issued to address this area. However, after further consideration of the severe environmental impacts regarding the potential failure of this area, DMG's position relative to not taking enforcement action, to require any additional remedial action by the operator and the need for prompt action, AFO has issued a NOV. This action is authorized under 30 CFR 906.30 Article VIII (19). In addition to the above two other problem areas were observed for which TDN's will be issued to DMG. They are as follows: (1) Failure to pass surface drainage through an approved sediment control structure - drainage near the recent construction involving the clear water diversion associated with the "old" refuse pile; (2) Failure to maintain access road to prevent erosion and siltation - outslope of the road crossing the Dutch Creek flume at the facilities area. DMG has been notified, by means of a TDN, regarding the four problem areas noted above. The state will be given ten days to cause the violations to be corrected or to show good cause for not doing so.