Below is the finding of an informal review of the notice of violation by the ODMR
IN THE MATTER OF OHIO VALLEY COAL COMPANY
COAL MINE PERMIT NUMBER D-0360
INFORMAL REVIEW OF
NOTICE OF VIOLATION
NUMBER 21173
REPORT AND RECOMMENDATION OF THE HEARING OFFICER
OF FACT
The Division of Mines & Reclamation
issued Notice of a Ohio Valley Coal Company on April 22,
1999. Notice of Violation 21173 states "The operator has failed
to follow the approved mining plan by installing a culvert under the northern
edge of the refuse disposal area directly south of the M. Perkins property".COAL
MINE PERMIT NUMBER D-0360
INFORMAL REVIEW OF
NOTICE OF VIOLATION
NUMBER 21173
REPORT AND RECOMMENDATION OF THE HEARING OFFICER
OF FACT
The Division of Mines & Reclamation
issued Notice of a Ohio Valley Coal Company on April 22,
1999. Notice of Violation 21173 states "The operator has failed
to follow the approved mining plan by installing a culvert under the northern
edge of the refuse disposal area directly south of the M. Perkins property".
DISCUSSION
In the course of conducting this informal review, the Division and OVCC representatives met on May 20, 1999 and reviewed the circumstances surrounding the issuance of Notice of Violation 21173. Inspection reports and permit D-0360 requirements were also reviewed in the course of this informal review.
The inspection report for the inspection conducted on September 23, 1998 indicates that the inspector, Tom Pulay, met with Dave Bartch on site and reviewed "...a culvert placed under the refuse in the northern disposal are..,", hereafter referred to as the culvert. The inspection report indicates that plans for the pipe were not included in current permit and that a Division engineer would review the culvert before action by the Division would be decided.
The inspection report for the inspection conducted on October 7, 1998 indicates that Tom Pulay, and Joe Noonan, a Division engineer, met with Dave Bartch on site and reviewed the culvert. The report indicates that the permit requires an open fresh water diversion, channel "A", be placed where the culvert is located. According to the report, OVCC agreed to remove the culvert and install the open channel "A" within the six month period following the inspection. The inspection report clearly not completed in the agreed upon six months. The report also noted that an adjacent owner had filed a complaint regarding the long term maintenance of the culvert and possible impacts to his property.
The inspection report for the inspection conducted on March 3, 1999 reminds the operator that the culvert must be removed and the channel installed as shown in the permit or a notice of violation will be issued.
The inspection report for the inspection conducted on April 22, 1999 states that culvert has not been removed and the open channel drainage system has not been installed in accordance with the approved plan. Notice of violation 21173 was issued requiring the operator to remove the culvert and install the drainage system as approved in the permit.
OVCC indicated in the informal review request letter that culvert is an underdrain for the refuse pile and that the permit allows for the installation of underdrains.
OVCC indicated that the remedial action did not allow the company to revise the permit to seek alternatives other than the complete removal of the culvert and the construction of the open channel as stated in the permit.
OVCC stated that they do not wish to damage the adjacent owners
property, the culvert was designed to pass the required storm event, and
the culvert and till are inspected daily.
CONCLUSION
The culvert conveys surface runoff from the Perkins property, under the refuse disposal area and outlets into a diversion on the lower side of the disposal area. The culvert is not currently functioning as an underdrain. Chapter 1501:13-9-09 of the Ohio Administrative Code requires runoff from areas above a refuse pile to be diverted into stabilized diversion channels.
The culvert is not a part of the approved design for the refuse disposal area as described in permit D-0360. Although the permittee indicated that the culvert is adequately sized, no designs were provided.
Chapter 1501:13-14-02 of the Ohio
Administrative Code requires the inspector to issue a notice of violation,
if he finds a violation of chapter 1513. Of the Revised Code and rules
adopted thereunder or any condition of a permit. The remedial action
stated in the violation requires that the permittee follow the approved
plan. There were no alternative remedial actions available
at the time of issuance of the notice of violation. However, the
permittee does have the option to submit
an application to revise the permit.
RECOMMENDATION
Based on the above FINDING OF FACT, and CONCLUSION of this report,
it is the recommendation of the Hearing Officer that Notice Violation number
21173 issued on April 22, 1999 to The Ohio Valley Coal Company on Coal
Mine Permit Number D-0360 was correctly issued and should not be vacated.
Date (signed) Jeffrey A Emmons, Hearing Officer
DECISION OF THE CHIEF
I adopt the Finding of Fact, Conclusions and
Recommendations of the Hearing Officer.
Recommendations of the Hearing Officer.
(Signed) Russ Scholl, Acting Chief
C: B. Burwell
T. Pulay
B. Baker
J. Emmons
O.S.M.
Ohio Valley Coal Company
56854 Pleasant Ridge Road
Alledonia, Ohio 43902
Report and Recommendation Of Informal Review Of
Notice of Violation Number 21173