DATE: AUGUST 12, 1994
Case No. 91-MSA-1
In the Matter of
ROCHESTER AND PITTSBURGH COAL COMPANY,
GREENWICH COLLIERIES NO. 1 MINE
Petitioner
and
MINE SAFETY & HEALTH ADMINISTRATION
(MSHA)
Party-in-Interest
ORDER DISMISSING PETITION
This proceeding commenced on September 5, 1989 with the
filing by Greenwich Collieries of a petition seeking a
modification of the application of 30 C.F.R. §75.1711-1 to
petitioner's Greenwich Collieries No. 1 Mine located in Indiana
County, Pennsylvania. Following an investigation by Mine Safety
and Health Administration (MSHA) personnel, the Deputy Adminis-
trator for Coal Mine Safety and Health, on August 6, 1990, issued
a Proposed Decision and Order finding the alternative method
proposed by the petitioner would not at all times guarantee no
less than the same measure of protection afforded the miners
under the standard. Accordingly, the Petition for Modification
was denied.
On August 20, 1990, the coal company filed a timely request
for a hearing before the Office of Administrative Law Judges.
The matter was duly assigned to this administrative law judge to
conduct such a hearing.
No hearing was ever scheduled, however, as the coal company
advised the court of several factors bearing on whether the
hearing would be necessary, including the fact that the mine is
no longer producing, that water levels in the mine are rising,
and that it would have to be determined if seepage into streams
was occurring which would necessitate pumping water from the
shaft if the Pennsylvania Department of Environmental Resources
standards for discharge of water into streams are not complied
[PAGE 2]
with. After several years of waiting for a determination by the
DER and no resolution of the issue in sight, the coal company, by
pleading filed July 20, 1994, moves to withdraw its request for
hearing as being in the best interests of all parties. No
opposition to the request has been received. Accordingly,
ORDER
IT IS ORDERED that the petition for modification filed by
Greenwich Collieries, in the above-captioned case, be, and the
same is hereby, dismissed. All further proceedings in this
matter are discontinued.
________________________
GEORGE P. MORIN
Administrative Law Judge
GPM:lab
