1847 TIG Insurance Co. and American States Insurance Co. v. DEP; EHB doc. no. 95-119-R (consolidated)

TIG Insurance Co. and American States Insurance Co. v. DEP; EHB Doc. No. 95-119-R (Consolidated)

[26 Pa.B. 5267]

   The parties have agreed to a settlement, the major provisions of which include:

   Within 60 days of Board approval of this Adjudication, TIG and American States shall begin reclamation of the Smith No. 1 mine site, located in Goshen Township, Clearfield County, which had previously been the site of bituminous coal mining by the surface method under MDP No. 4578BC6 by Glen Irvan Corporation. Reclamation activities shall include installation of a passive treatment system for a discharge of acid mine drainage emanating from the bottom of the toe of a small wet sediment pond on the property of Clark E. Smith. TIG and American States shall also fill in and stabilize the dry sediment basins located on the properties of Clark Smith and Franklin Sankey. Additionally, TIG and American shall drain by syphon a pond on the Smith No. 1 site to a level of less than 1 foot, and thereafter construct a rock-lined spillway of sufficient size to prevent clogging of the spillway from brush, trees or other debris. Upon the Department's reasonable satisfaction, the Department shall waive collection of 80% of the bond monies posted by TIG and American States, and shall release that amount which has been paid by TIG and American States and placed into an escrow account. TIG and American shall also revegetate the areas disturbed by mining and remediation activities by seeding and mulching said areas. Upon the Department's reasonable satisfaction that such revegetation is successful and permanent, the Department shall release the remaining 20% of the bond monies from the escrow account.

   Copies of the full agreement are in the hands of:

   Paul J. Bruder, Esquire, Assistant Counsel, DEP, 400 Market Street, 9th Floor, Harrisburg, PA 17105-8464, [phone];

   John Spiegel, Esquire, Plowman, Spiegel & Lewis, 925 Grant Building, Pittsburgh, PA 15219, [phone];

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, Second Floor, Rachel Carson State Office Building, 400 Market Street, Harrisburg, PA 17105-8457.

   If information concerning this notice is required in an alternative form, contact the Secretary to the Board at [phone]. TDD users may telephone the Board through the AT&T Pennsylvania Relay Center at 1 [phone].

   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. 96-1847. Filed for public inspection November 1, 1996, 9:00 a.m.]