ENVIRONMENTAL HEARING BOARD Beazer East, Inc. v. DEP; Doc. No. 95-162-MR [26 Pa.B. 951] The Department of Environmental Protection (Department) and Beazer East, Inc. have agreed to a settlement of the above matter.
The Nello L. Teer Company, Inc. (Nello Teer) mined the Teerco No. 5 Surface Coal Mine in Morgan Township, Greene County. The mine was reclaimed in August in 1985. However, the Teerco No. 5 Mine produced and continues to produce discharges of acid mine drainage which must be collected and treated to prevent pollution to the waters of the Commonwealth. On August 12, 1994, Beazer East, Inc. (Beazer) submitted an application to the Department to transfer of Surface Mine Permit for the Teerco No. 5 Mine (No. 30793024) from Nello Teer to Beazer. Beazer revised and resubmitted its permit application on March 17, 1995. The Department issued a corrected permit for the Teerco No. 5 Mine to Beazer on July 19, 1995. On or about August 2, 1995, Beazer filed an appeal of certain terms and conditions contained in Surface Mining Permit No. 30793024T to the Environmental Hearing Board, which appeal was docketed at EHB Docket No. 95-162-MR. In its appeal, Beazer challenges permit terms and conditions relating to sampling frequency, identification of discharge points, the water monitoring points, and the definition of ''Other Discharges'' as contained in Section C of Part A of the permit. Furthermore, Beazer claimed that the Pennsylvania Land Recycling Act should have been incorporated into the permit, and objected to the renewal period of the permit.
The Department and Beazer have agreed to a settlement of the above matters, as set forth in a Stipulation of Settlement, the major provisions of which include:
1. Beazer's appeal at EHB Docket No. 95-162-MR is dismissed with prejudice.
2. The Department agrees to issue to Beazer a revision of Surface Mining Permit No. 30793024T, which revised permit is attached to the Stipulation of Settlement as an exhibit. The revision includes corrections to the identification of discharge locations, modification of the sample monitoring points and clarification of sampling frequency.
3. The revised Permit No. 30793024T will expire 5 years from the date of its issuance.
4. The dismissal of Beazer's appeal and the aforementioned permit revision shall not in any way prejudice Beazer's right to apply to the Department for uniform clean-up standards at the Teerco No. 5 Mine, under the Pennsylvania Land Recycling Act.
Copies of the full agreement are in the possession of:
Steven Lachman, Assistant Counsel, Department of Environmental Protection, Office of Chief Counsel, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, (412) 442-4262;
Joseph K. Reinhart, Esquire, Babst, Calland, Clements and Zomnir, P.C., 2 Gateway Center, Pittsburgh, PA 15222, (412) 392-5400;
and at the offices of the Environmental Hearing Board, and may be reviewed by any interested person 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, P. O. Box 8457, Harrisburg, PA 17105-8457. Appeals must be filed within 20 days of this publication.
If information concerning this notice is required in an alternative form, please contact the Secretary to the Board at (717) 783-3483. TDD users may telephone the Board through the AT&T Pennsylvania Relay Service at 1 (800) 654-5984.
The Environmental Hearing Board is empowered to approve this settlement if no objection is timely filed with the Board.
GEORGE J. MILLER,
Chairperson[Pa.B. Doc. No. 96-307. Filed for public inspection March 1, 1996, 9:00 a.m.]
