MINING AND RECLAMATION ADVISORY BOARD MINUTES


Delaware Room

Rachel Carson State Office Building

Harrisburg, PA
January 4, 1996


Eric Carlson, Walter E. Fike, Walter N. Heine, Sue Wilson for Brian Hill, Howard W. Laur, David Osikowicz, Ron Ramsey for Senator Porterfield, Pat Krommes for Senator Rhoades, Representative Samuel Smith, Mark Snyder and Fred Wolf.

DER staff present were Robert C. Dolence and Rodney L. Kelley, Office of Mineral Resources Management; Peter T. Slack, Evan Shuster, and M. C. McCommons, Bureau of Mining and Reclamation; Ernest F. Giovannitti and J. Paul Linnan, Bureau of Abandoned Mine Reclamation; T. J. Ward, Jr. and Matthew A. Bertovich, Bureau of Deep Mine Safety; Jeff Jarrett, Don Barnes, Gary Byron, C. R. Greene and Joel Q. Pontorero, Bureau of District Mining Operations; Sharon Freeman, Office of Policy and Communications; Joe Pizarchik, Office of Chief Counsel; and Steve Socash, Bureau of Land Recycling and Waste Management. Also present were Tony Ercole and George Ellis, Pennsylvania Coal Association.

KEY OBLIGATIONS FROM THE OCTOBER 26, 1995 MEETING:

  1. Logos for the MRAB letterhead will be sent to the Board for review. Logos were submitted to Mr. Heine for his review and selection. The Board concurred with his selection.
  2. A speaker will be asked to brief the Board about sewage sludge. Mr. Socash spoke on this subject later in the meeting.
  3. Secretary Seif will be given copies of the Resolution and White Paper that had been previously adopted by the Board. This was done.
  4. The Legislation, Regulation and Technical Committee will work with DEP to address concerns over the ash regulations by making recommendations, writing new language, and reviewing problems in the field. The Committee has been working on this issue.

BIOSOLIDS:

REGULATION, LEGISLATION AND TECHNICAL COMMITTEE:

POLICY AND GENERAL ISSUES COMMITTEE:

STATUS REPORT ON DISTRICT MINING OPERATIONS CUSTOMER NEEDS PROJECT:

  1. Inspection: Would like to reduce frequency of visits to sites that are only grass and instead visit start-up sites once a week because start-up is when most of the problems occur.
  2. Enforcement: Want to combine six PGMs into one easy-to-understand document.
  3. Compliance Orders: Want to give discretion to inspectors
  4. Pattern of Violation: If the violation is not willful DEP would like to meet with operator and suggest corrections for voluntary compliance.
  5. Satisfactory Progress: If an operator is working toward compliance, but taking longer than anticipated, this would allow inspector to extend more time.
  6. Civil Penalties: Combine all civil penalty PGMs into one PGM dealing with both coal and noncoal.
  7. Blasting: Emphasis will be on education.
  8. Remining: It is cheaper for an operator to clean up an abandoned mine land than for DEP to solicit bids.
  9. Remining Incentives: A possible waiver of liability for pre-existing discharges.
  10. Past Obstacles to Remining: Some past problems include a lengthy and expensive permitting process that renders Subchapter Fs undesirable, a disallowance of putting spoils in an abandoned pit because by doing so the pit would become part of the mining operation, and requiring operators to take water samples at the same sites where DEP takes samples
  11. Rehabilitation of Forfeited Operators: This is a program to allow forfeited operators to come back and make restitution for past errors.
  12. Compliance Strategies and Assistance: DEP plans to develop various training programs utilizing industry expertise. One program will be aimed at the needs of mine superintendents, foremen, and equipment operators, another is to develop specialty teams of DER staff in order to offer advise and consultation to try to eliminate erosion and sedimentation problems and to share technology in water treatment areas.

UPDATE ON INDIAN CREEK AREA UNSUITABLE FOR MINING (UFM) PETITION:

STATUS REPORT ON OTHER PENDING REGULATION CHANGES:

BOARD ADMINISTRATION AND REQUIREMENTS:

CITIZENS ADVISORY COUNCIL REPORT:

UPDATE: