[CITE: Squaw Coal & Peabody v. Department, 3 CADDNAR 54 (1985)]
[VOLUME 3, PAGE 54]
Cause #: 85-165R
Caption: Squaw Coal &
Peabody v. Department
Administrative Law Judge: Shadley
Attorneys: Joest; Szostek, DAG
Date: November 12, 1985
ORDER
Notice
of Violation #N50625-S-00008, Part 1 and #N50627-S-00020, Part 1 are vacated.
FINDINGS OF FACT
1.
On July 12, 1985 Squaw Creek Coal Company (Squaw Creek) and Peabody Coal
Company ("Peabody") requested a hearing to review the issuance
Notices of Violation #N50625-S-00008, Part 1 and #N50627-S-00020, Part 1,
respectively.
2.
IC 13-4.1 applies to this proceeding.
3.
The Department of natural Resources is an agency as defined in IC 4-22-1. The
Director is the ultimate authority of the Department with respect to this proceeding.
4.
The Director has jurisdiction over the subject matter and parties to this proceeding.
5.
On September 18, 1985 Squaw Creek and Peabody filed a Motion for Summary Decision
pursuant to 310 IAC 0.5-1-11.
6.
On September 20, 1985 the Division was given Notice of the Motion and provided
an opportunity to file a response. No response has been filed.
7.
Squaw Creek holds permit S-00008 to conduct surface coal mining operations in
Warrick County at its Squaw Creek Mine North Area. Peabody holds permit S-00020
to conduct surface coal mining operations in Warrick County at its Lynville Mine 5900 area.
8.
Eric Gerst, an authorized representative of the
Director issued Notice of Violation #N50627-S-00020, Part 1 to Peabody on June
27, 1985.
9.
The Notices of Violation under review in these consolidated administrative
causes were issued for failure to conspicuously flag the immediate vicinity of charged
holes in violation of 310 IAC 12-5-6(c)(2).
10.
310 IAC 12-5-6(c)(2) requires the permittee
conspicuously flag the immediate vicinity of charged holes.
11.
The term "charged holes" is not a term defined in IC 13-4.1 or 310
IAC 12.
12.
The holes in question were loaded with a mixture of ammonium nitrate and fuel
oil, which is known as ANFO, and with primer but were not connected to a blast
initiation system.
13.
Holes loaded with ANFO and primer but not connected to a blast initiation
system are loaded holes.
14.
[Finding 14 was omitted from the original document.]
15.
Holes loaded with ANFO, primer and connected to a blast initiation system
require special safety precautions including a requirement of the Mine Safety
and Health Administration to continuously guard or barricade against
unauthorized entry.
16.
Holes loaded with ANFO and primer and connected to a blast initiation system
are charged holes.
17.
The holes subject to these Notices of Violation were loaded holes not charged
holes.