Power Operating Company, Inc. v. DEP; EHB Doc. Nos. 94-199-C, 96-208-C [27 Pa.B. 499] The Department of Environmental Protection (Department) and Power Operating Company, Inc. (Power) have agreed to a settlement, of the above matters. Power conducted surface coal mining at the Dugan mine site in Rush Township, Centre County, PA. On June 17, 1994, and on October 8, 1996, the Department issued Orders directing that Power treat or abate a postmining discharge to Moshannon Creek from the Dugan mine site. Power appealed both Orders. The parties have agreed to a settlement, the major provisions of which include:
1. By July 1, 1997, Power shall initiate construction of a passive treatment system, as approved by the Department.
2. By September 30, 1997, Power shall have completed construction of the Passive Treatment System. Upon completion of the system, all effluent discharged from the Passive Treatment System shall satisfy the effluent standards for a passively treated post-mining discharge.
3. After completion of the Passive Treatment System, the Department will release to Power $250,000 of the total bonds posted for the Dugan mine site.
4. After 12 consecutive months of successful operation of the Passive Treatment System, such that the effluent discharged from the Passive Treatment System consistently meets the effluent standards for a passively treated post-mining discharge, Power may apply for a bond adjustment, in accordance with 52 P. S. § 1396.4 and 25 Pa. Code § 86.152 or may, in the alternative, establish a treatment trust, in the amount of $167,726, in accordance with 52 P. S. § 1396.4, which trust will be calculated in accordance with the Department Program Guidance Manual for Bond Adjustments/Release for Post Mining Discharges (PGM No. II:04:50) and subject to the provisions in Paragraph 6 below. Upon the establishment of treatment trust in the amount of $167,726 and assuming all of the criteria for release of bonds set forth at 25 Pa. Code §§ 86.171 and 86.172 are met, the Department shall release the remainder of the bond. The treatment trust in the amount of $167,726 is subject to the provisions of Paragraph 6 below.
5. Power shall operate and maintain the Passive Treatment System and shall treat all water to the effluent standards applicable for a passively treated postmining discharge. Power shall take whatever steps are necessary, including modification of the Passive Treatment System or the addition of conventional treatment, to make the water discharged from the Passive Treatment System meet the effluent limits for a passively treated post-mining discharge.
6. In the event that Power finds it necessary to utilize conventional treatment to meet the applicable effluent limits, the applicable effluent limits shall be those found in 25 Pa. Code § 87.102, during the periods of time when the discharge does not meet the limits for a passively treated post mining discharge utilizing passive treatment methods. In addition, if Power finds it necessary to utilize conventional treatment to meet the applicable effluent limits, Power may either establish a treatment trust or pursue a bond adjustment under Paragraph 4, above, provided that the treatment trust or adjusted bond includes the 50 year cost of conventional treatment.
Copies of the full agreement are in the hands of:
Marc A. Ross, Esquire, Assistant Counsel, P. O. Box 8464, 400 Market Street, Harrisburg, PA 17105-8464;
John W. Carroll, Esquire, Pepper, Hamilton & Scheetz, One Keystone Plaza, P. O. Box 1181, Harrisburg, PA 17108-1181;
and at the office of the Environmental Hearing Board and may be reviewed by any interested party on request during normal business hours.
Persons who are aggrieved by the above settlement have a right to appeal to the Environmental Hearing Board, 2nd Floor, Rachael Carson State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, PA 17105-8457.
If information concerning this notice is required in an alternative form, contact the Secretary to the Board at (717) 783-3483. TDD users may telephone the Board through the AT&T Pennsylvania Relay Center at 1 (800) 654-5984.
Appeals must be filed within 20 days of this publication.
The Environmental Hearing Board is empowered to approve this settlement if no objection is timely made.
GEORGE J. MILLER,
Chairperson[Pa.B. Doc. No. 97-127. Filed for public inspection January 24, 1997, 9:00 a.m.]
