[CITE: Great Lakes Coal Co. v. Department, 3 CADDNAR 47 (1985)]
[VOLUME 3, PAGE 47]
Cause #: 85-127R
Caption: Great Lakes Coal Co.
v. Department
Administrative Law Judge: Shadley
Attorneys: Young, pro se; Szostek, DAG
Date: August 28, 1985
ORDER
Notice
of Violation #N50603-P-00014 is vacated.
FINDINGS OF FACT
1.
The Department of Natural Resources is an agency as the term is defined in IC
4-22-1. The Director is the ultimate authority of the Department with respect
to the subject matter of this administrative action.
2.
IC 13-4.1, the surface coal mining and reclamation act, is applicable to this
proceeding.
3.
The Director has jurisdiction over the subject matter and the parties to this
action.
4.
By letter dated June 17, 1985 Great Lakes Coal Company ("Great Lakes")
requested review of Notice of Violation #N50603-P-00014. At the same time,
Great Lakes requested Temporary Relief from the abatement action specified in
the Notice of Violation.
5.
On June 17, 1985, a hearing was conducted pursuant to IC 4-22-1 on the request for
Temporary Relief.
6.
On August 26, 1985, the parties agreed to have the final determination on the
Notice of Violation be based on the record formed at the Temporary Relied Hearing.
7.
Great Lakes holds permit #P-00014 to conduct surface coal mining operations, specifically
coal processing, at its Burke Tipple located in Greene
County, Indiana, pursuant to IC 13-4.1 and 310 IAC 12.
8.
Notice of Violation #N50603-P-00014 was issued by Charles Yeager, an authorized
representative of the Director, to Great Lakes for failure to haul all coal processing
waste to the existing disposal area in violation of 310 IAC 12-5-41 and Permit #P00014,
Part IV, M (4) and Attachment A22.
9.
The Notice of Violation required Great Lakes to remove coal processing waste
which is piled up west of the slurry channel and bury it in the pit at Linton
#2 mine by 7:00 a.m., July 8, 1985.
10.
310 IAC 12-5-41 requires coal processing waste be hauled or conveyed and placed
in new or existing disposal areas within a permit area.
11.
Permit P-00014, Part IV, M (4) provides that gob and slurry will be disposed of
at Linton Pit #1, #2, #3 and subsequent pits not yet permitted.
12.
Permit P-00014, Attachment A22 provides that wastes will be buried in the pit
as described in the permit application.
13.
Permit P-00014, Part IV, M (b) provides that wastes will be trucked back to the
operating pit, dumped on the pit floor and buried under overburden from the
next cut before they can "heat."
14.
Neither the rule nor the permit contain a time frame
in days for the burial of the waste.
15.
Rule 310 IAC 12-5-41 indicates that the concerns related to coal processing waste
are combustion, affects on water quality, water flow, vegetation and creation
of public health hazards.
16.
Permit P-00014 Part IV, M, indicates a concern that coal waste not be allowed
to “heat”.
17. The
permit area of P-00014 is designed to be self contained such that surface water
is retained entirely within the boundaries of the permit.
18.
As of June 17, 1985, the coal waste had not begun to combust or
"heat."
19.
The Respondent has determined that there are no significant ground water
resources in the permit area.
20.
Permit P-00014 is an old mined out area without vegetative cover.
21.
As of June 17, 1985, no smoke, steam or fugitive dust was resulting from the
stored waste.
22.
Great Lakes has not violated 310 IAC 12-5-41.
23. Great
Lakes has not violated Permit #P-00014, Part IV, M (4)
or attachment A22.