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PA Bulletin, Doc. No. 96-1899



Antrim Mining, Inc. v. DEP; EHB Doc. Nos. 89-056-F, 89-184-F, 90-536-F, 91-290-F

[26 Pa.B. 5483]

   The Department of Environmental Protection (Department) and Antrim Mining, Inc. (Antrim) have agreed to an amendment of the settlement in the above matters. The original settlement agreement dated December 31, 1991 was approved by the Environmental Hearing Board by an order dated January 14, 1992. The original agreement required, among other things, that Antrim use a treatment system described in the agreement to provide permanent treatment for two deep mine discharges located in Duncan Township, Tioga County. The agreement further provided that any amendments to the agreement must be set out in writing, signed by the parties, and approved by the Environmental Hearing Board. The parties have agreed to amend the settlement agreement to allow Antrim to modify the deep mine discharge treatment system in a manner that will simplify the system and reduce the amount of energy used in the treatment process. The major provisions of the amendment include:

   1.  Antrim will submit an application to the Department to amend the permit pertaining to the treatment of the deep mine discharges (NPDES Permit No. PA0596728).

   2.  If Antrim submits the permit amendment application and modifies the permanent treatment system in a timely manner, the effluent limits, monitoring requirements and requirements pertaining to maintenance of the modified system and emergency treatment shall be as specified in the amendment to the settlement agreement.

   3.  The date upon which Antrim must begin funding a trust to ensure long-term treatment of the two deep mine discharges is extended from December 31, 1996 to December 31, 1998. The period over which Antrim may fund the trust is extended from 8 years to 10 years. These extensions do not alter Antrim's obligation to provide treatment for the two deep mine discharges.

   4.  The method for calculating the corpus of the trust is modified to take into account any changes in the cost of treatment associated with the modification of the permanent treatment system.

   5.  The provisions governing release of reclamation bonds are modified to correspond to the extension of the period for funding the trust, so that each annual payment by Antrim into the trust results in the release of a proportionate amount of the remaining bonds.

   Copies of the amendment to the settlement agreement are in the possession of:

   Stephen C. Braverman, Esquire, Buchanan Ingersoll, P. C., 1200 Two Logan Square, 18th and Arch Streets, Philadelphia, PA 19103-6933, (215) 665-8700;

   Kurt J. Weist, Assistant Counsel, DEP, 400 Market Street, 9th Floor, P. O. Box 8464, Harrisburg, PA 17105-8464, (717) 787-8790;

and at the office of the Environmental Hearing Board, and may be reviewed by any interested party on request during normal business hours.

   Persons who are aggrieved by the above settlement have a right to appeal to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, PA 17105-8457.

   Appeals shall be filed within 20 days of this publication.

   The Environmental Hearing Board is empowered to approve this settlement, which becomes final if no objection is timely made.


[Pa.B. Doc. No. 96-1899. Filed for public inspection November 8, 1996, 9:00 a.m.]

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