Review of second OVCC violation finds company violated law:
but still no fine!

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