699 Phillip and Eleanor Ziccardi v. DEP and Insurance Company of North America; doc. no. 96-115-R

ENVIRONMENTAL
HEARING BOARD

Phillip and Eleanor Ziccardi v. DEP and Insurance Company of North America; Doc. No. 96-115-R

[27 Pa.B. 2213]

   The Department of Environmental Protection (Department), the Insurance Company of North America (INA) and Phillip and Eleanor Ziccardi (Ziccardis) have agreed to a settlement of the above matter.

   The Ziccardis own property which was covered by certain mining reclamation bonds underwritten by INA. Through its contractors, INA completed reclamation activities at the Ziccardi property. The Department determined that the reclamation was satisfactory. The Ziccardis filed an appeal challenging the adequacy of the reclamation at their property.

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

   1.  INA will perform additional reclamation work at the Ziccardi property.

   2.  INA will compensate the Ziccardis for alleged degradation of their water well which was caused by Glacial's mining operations.

   3.  The Ziccardis' appeal will be dismissed with prejudice.

   Copies of the full agreement are in the possession of:

   Patience Robinson Nelson, Assistant Counsel, Commonwealth of Pennsylvania, Department of Environmental Protection, Office of Chief Counsel, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, [phone];

   William T. Gorton, III, Esquire, Stites and Harbison, 2300 Lexington Financial Center, 250 West Main Street, Lexington, KY 40507;

   Richard S. Ehmann, Esquire, 7031 Penn Avenue, Pittsburgh, PA 15208;

and at the offices of the Environmental Hearing Board, and may be reviewed by any interested person on request during normal business hours.

   Persons believing themselves 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 17105-9457. Appeals must be filed within 20 days of this publication.

   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 Service at 1 [phone].

   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. 97-699. Filed for public inspection May 2, 1997, 9:00 a.m.]