Fair Shake Environmental Legal Services Pittsburgh 3445 Butler Street, Pittsburgh, PA1S201 (412) 742-4615 (412} 291-1197 (fax) Akron 159 S. Main Street, 1030 Akron, OH 44308 (234) 571?1970 (330) 319?8856 (tax) A new climate of fairness. October 13, 2015 Sent by Certi?ed First Class Mail, return receipt requested The Clean Streams Foundation, Inc. Dean K. Hunt, Registered Agent Administrator 746 Westland Drive, Suite 110 Lexington, KY 40504 AMD Industries, Inc Donald E. Charlton, President PO. Box 501 California, PA 15419 Re: Notice of Intent to File a Citizen Suit for Ongoing Violations of the Clean Water Act and the Clean Streams Law at Clyde Mine Treatment Plant in East Bethlehem Township, Washington County, Dear Clean Streams Foundation, AMD Industries, and other interested parties: This letter provides notice that the Izaak Walton League of America, Harry Enstrom Chapter, Inc., (Harry Enstrom Chapter), represented by Fair Shake Environmental Legal Services, intends to file a civil action against The Clean Streams Foundation, Inc. (CSF) and AMD Industries, Inc. (AMD) for violations of the Clean Water Act and the Clean Streams Law (CSL) (together the Clean Water Laws). As is more fully explained below, the Clyde Mine Water Treatment Plant and associated facilities (Clyde Mine Plant) in East Bethlehem Township, Washington County, is illegally discharging treated (and possibly untreated) acid mine drainage water to Ten Mile Creek without a permit. This activity is a violation of the Clean Water Laws, which prohibit the discharge of ?any pollutant by any person" except where authorized by a I No registered agent identi?ed. 733 U.S.C. 1251, et seq. 3 35 PS. 691.1, et seq. valid National Pollutant Discharge Elimination System (NPDES) Permits This notice is provided pursuant to the Clean Water Laws.s The Harry Enstrom Chapter recognizes that CSF and AMD are well intentioned organizations working hard to address the complex environmental issues associated with treatment of acid mine drainage at the Clyde Mine site. Citizens have an expectation and a right, however, to understand what is being discharged into public waterways. In this is made possible through the Department of Environmental Protection (Department) NPDES permitting process. The Harry Enstrom Chapter spent considerable resources attempting to identify an NPDES permit for discharges at the Clyde Mine Plant including filing a Right to Know Request with the Department. Unable to identify any authorization for these discharges, the Harry Enstrom Chapter is left with few options other than filing this notice letter. If it is possible to avoid pursuing this matter any further by sharing a copy of the current NPDES authorization for these discharges, then the Harry Enstrom Chapter welcomes the opportunity to resolve the misunderstanding amicably. The Clyde Mine operated as an underground coalmine throughout most of the early 20?? Century. In the 19805 LTV Steel Company, Inc. (LTV), who then owned and operated the site, ceased coal production at the Clyde Mine and performed surface reclamation work. Subsequently, as happens at many former mine sites, groundwater began ?owing into the large underground voids created by coal removal. Without intervention, these underground mine pools will naturally rise and break out at the surface discharging millions of gallons of acid mine drainage. In order to prevent these problematic. outbreaks at the Clyde Mine site, in 1998 LTV began pumping and treating the underground mine pool water before discharging the treated water to Ten Mile Creek, a nearby tributary of the Monongahela River. LTV pumped and treated 1.5 million gallons of mine drainage daily at the Clyde Mine Plant in order to maintain the underground pools of acid mine drainage at safe levels. On December 29, 2000, however, LTV ?led for chapter 11 bankruptcy in the United States Bankruptcy Court for the Northern District of Ohio. Then, on March 7, 2002 and March 27, 2002, respectively, the Department issued an administrative order and subsequent amendment (collectively, "the Coal Mine Order?), see Exhibit A, enclosed, requiring LTV to continuously maintain the mine pools in the Clyde Mine at levels required to prevent mine water surface break-outs. Subsequently, bankruptcy proceedings came to a close. On August 20, 2003, the Bankruptcy Court (case No. 00- 43866) ?led an order and stipulation allowing LTV to settle environmental claims, including those at the Clyde Mine, in part by transferring its entire ownership in the Clyde Mine to the Clean Streams Foundation for the benefit of the Commonwealth of At that point, CSF took over responsibilities as the owner of the Clyde Mine Water Treatment Plant. The CSF is a non-profit corporation organized to assure funds will be available on a long-term basis for operation and maintenance of water - 33 U.S.C. 1311(a); 35 RS. 691.201, 691.202, 691.301, 691.307, 691.401; 25 Pa. Code 92.3, 92.5; 25 Pa. Code 92a.9. 33 U.S.C. 1365(b), 35 PS. Notice of Intent to File Civil Action October 13, 2015 Page 3 of 5 treatment systems, such as the Clyde Mine Plant. Further, pursuant to an agreement with the Department, the CSF is a trustee of the Clyde Mine, and potentially liable for environmental violations at the site. In the middle of the LTV bankruptcy proceedings, on March 5, 2003, Post Mining Activity Permit 63971701 expired. According to the Department's website, LTV applied for a new Post Mining Activity Permit on August 19, 2002. This application was withdrawn, however, on January 1, 2003. Therefore, when the CSF took over ownership and operation of the Clyde Mine Treatment facilities, it did so without authorization for discharging treated acid mine drainage water to Ten Mile Creek, unless there is an NPDES permit the Harry Enstrom Chapter has not uncovered. On September 7, 2005 the CSF, as Trustee of the LTV Environmental Fund, contracted with AMD (Contract for Services). Exhibit B, enclosed. AMD designs, builds, and operates acid mine drainage treatment facilities in southwestern The Contract for Services states that AMD Industries will maintain and operate the Clyde Mine Plant: Further, the Contract for Services explicitly states, "Operation and Maintenance of the Clyde Mine Water Treatment Plant shall Discharging the treated water from the Clyde Mine Water Treatment Plant to Ten Mile Creek/?7 and maintaining compliance with all local, state and federal laws and regulations: Based on the 2005 Contract for Services, it is clear that 1) AMD is the operator of the Clyde Mine Plant, and 2) the Clyde Mine Plant is intended to discharge treated water to Ten Mile Creek. Upon information and belief, the Clyde Mine Plant is currently discharging treated or untreated water to Ten Mile Creek on a daily basis. Ten Mile Creek is a third order stream that begins in South Franklin Township and drains east for approximately twelve miles, serving as the north eastern border between Washington and Greene County. Ten Mile Creek is a tributary to the Monongahela River, joining the Monongahela at Millsboro, just up-stream of the intake for the Tri-County Joint Municipal Authority (TCIMA) water treatment facility servicing 10,000 customers in the Mon Valley. The Department classifies Ten Mile Creek as a Trout Stocked Fishery (TSF) from the source to convergence with South Fork Ten Mile Creek and a Warm Water Fishery (WWF) from South Fork Ten Mile Creek to the mouth: South Fork Ten Mile Creek is designated as a High Quality Warm Water Fishery (HQ-WWF). Upon further information and belief, the Clyde Mine Plant temporarily suspended planned discharges to Ten Mile Creek in November 2011 but resumed normal operations and discharges to Ten Mile Creek in May 2013. Between November 2011 and May 2013, the Clyde Mine Plant circulated existing waters within the treatment facility. Upon information and belief, the lack of removal of water from the Clyde Mine resulted in surface outbreaks polluting Ten Mile Creek. Without enforceable permit limitations in Exhibit B, Contract for Services Part 1.a. Exhibit B, Contract for Services, Exhibit Part - Exhibit B, Contract for Services, Exhibit Part 1.b.xi. 25 Pa. Code 93.9v. Notice of Intent to File Civil Action October 13, 2015 Page 4 of 5 place, the discharges have injured, and will continue to injure, the health, environmental, and aesthetic interests of the Harry Enstrom Chapter and associated members. These injuries are traceable to CSF and violations, and redressing ongoing violations is likely to redress the Harry Enstrom Chapter?s injuries. Under the CWA, citizens are granted the authority to bring suit against "any alleged to be in violation? of an "ef?uent standard or limitation" established under the The CWA defines "person" as including an "individual, corporation, partnership, association, State, municipality, [or] An "ef?uent standard or limitation" is defined as "an unlawful act under subsection of section 1311/?: Accordingly, citizens may bring suit to enjoin the discharge of pollutants from dischargers, such as the owners and operators of the Clyde Mine Plant, that are operating without an NPDES permit. The Department conducted sampling of the Clyde Mine Plant ef?uent discharge in April 2014. Exhibit C, enclosed. Further, for the past four years the Harry Enstrom Chapter conducted periodic water sampling in Ten Mile Creek. Recent sampling reveals pollutants of concern, including, but not limited to elevated levels of iron, electronic conductivity (EC), total dissolved solids (TDS), bromide, salt and strontium. This discharge of pollutants, coupled with the ever decreasing assimilative capacity of waters, necessitates that proper NPDES permitting procedures must be followed to protect both the waters of the Commonwealth and the health and well-being of residents who depend on those waters. Unless additional evidence indicates otherwise, CSF and AMD are operating without a permit to discharge treated acid mine drainage water in violation of the Clean Water Laws. This means that the Department was never provided an opportunity to evaluate an NPDES permit application, to monitor the effectiveness of the Clyde Mine treatment processes, to assess the potential of the ef?uent to cause or contribute to a violation of water quality standards, and to consider formal comments from the public. In response to the above violations, at the conclusion of the sixty day notice period, the Harry Enstrom Chapter intends to ?le a civil action against the owners and operators of the Clyde Mine Treatment Plant under the CWA, 33 U.S.C. 1365, or the CSL, 35 PS. or both. This civil action will seek to enjoin violations, ensure future compliance, impose civil penalties for violations on a per day per violation basis, and to obtain any other relief which the Court sees fit. As authorized by both the CWA and the CSL, this action will also seek to recover litigation costs, including attorney and expert witness fees.? 33 U.S.C. 1365(a). 33 U.S.C. 1362(5). 33 U.S.C. 1365(f). 33 U.S.C. 1365(d); 35 PS. Notice of Intent to File Civil Action October 13, 2015 Page 5 of 5 The Harry Enstrom Chapter?s strong preference has been and continues to be to resolve these issues out of court. During the next sixty days, the Chapter welcomes negotiations to achieve such resolution. Sincerely, Ryan??amilton, Esq. PA Attorney Bar No. 318844 Oday Salim, Esq. PA Attorney Bar No. 309542 Fair Shake Environmental Legal Services 3495 Butler Street, Suite 102 Pittsburgh, PA 15201 (412) 742-4615 Office (412) 291-1197 fax Enclosures cc: By Certified First Class US. Mail, return receipt First Class US. Mail: requested: Chris Kriley, Clean Water Environmental Regina A. McCarthy, Administrator Program Manager US. Environmental Protection Agency DEP Southwest Regional Office USEPA Headquarters 400 Waterfront Drive William Jefferson Clinton Building Pittsburgh, PA 15222 1200 Avenue, N.W. Mail Code: 1101A Washington, DC 20460 Shawn M. Garvin, Administrator Region 3 US. Environmental Protection Agency 1650 Arch Street Philadelphia, PA 19103-2029 John Quiqley, Secretary Department of Environmental Protection Rachel Carson State Office Building 400 Carson Street Harrisburg, PA 17101 Exhibit A V. Department of Environmental Protection 400 Waterfront Drive Pittsburgh, PA 15222-4745 March 7, 2002 Mug Southwest Regional Of?ce 412-442?4000 Thaddeus Zalenski, Esquire The Bankruptcy Estate of LTV Steel LTV Steel Company, Inc. Company, Inc. 6801 Brecksville Road c/o David G. Heiman, Esquire Independence, OH 44131 Jones, Day, Reavis Pogue North Point 901 Lakeside Avenue Cleveland, OH 44114 RE: Banning Mine Clyde Mine Russellton Mine and Coal Refuse Pile Nemacolin Coal Refuse Pile Pittsburgh Works - Hazelwood Coke Plant Midland Facility East Mills Disposal Area Aliquippa Works Dear Messrs. Zalenski and Heiman: Enclosed are two Administrative Orders issued by the Department of Environmental Protection concerning LTV's environmental liabilities in One Order concerns the liabilities associated with coal mining facilities and the second Order concerns the liabilities associated with steel making facilities. The Department is prepared to discuss with you the various issues which are addressed in the two orders. If you are interested in scheduling a meeting to discuss these matters, please contact either Gail A. Myers or Diana J. Stares, the Department?s attorneys who are handling these matters. They can be reached at 412-442-4262. Sincerely, Charles A. Duritsa Regional Director p, Enclosures (a CAD:thh cc: Michael Tenetti encls.) William Plassio (wl encls.) James Brahosky encls.) John Matviya encls.) Zelda Curtiss encls.) Gail A. Myers encls.) Diana J. Stares encls.) CC, Kin C. An Equal Opportunin Emplovcr Printed on Roq-cled l?aper mi COMMONWEALTH OF DEPARTMENT OF ENVIRONMENTAL PROTECTION In The Matter Of: - LTV Steel Company, Inc. Banning Mine and Clyde Mine The Bankruptcy Estate of Russellton Mine/Coal Refuse Pile LTV Steel Company, Inc. . Nemacolin Coal'Refuse Pile QRDER it, AND NOW, 7 day of .2002, the Commonwealth of Department of Environmental Protection ("Department"), has determined the following ?ndings of fact: Background A. The Department is the agency with the duty and authority to administer and enforce The Clean Streams Law, Act of June 22, 1937, P.L. 1987, as amended, 35 RS. 691.1-691-1001 ("Clean Streams Law"); the Surface Mining Conservation and Reclamation Act, Act of May 31, 1945, P.L. 1198, as amended, 52 RS. 1396.1- 1396.l9a ("Surface Mining Act"); the Coal Refuse Disposal Control Act, Act of September 24, 1968, P.L. 1040, as amended, 52 RS. 30.51-30.206 ("Coal Refuse Disposal Act"); the Bituminous Mine Subsidence and Land Conservation Act, Act of April 27, 1966, P.L. 31, as amended, 52 RS. l406.l-l406.2l ("Mine Subsidence Act"); Section 1917-A of the Administrative Code of 1929, Act of April 9, 1929, w} PL. 177, as amended, 71 PS. 510-17 ("Administrative Code") and the Rules and Regulations of the Environmental Quality Board promulgated thereunder ("Rules and Regulations"). B. LTV Steel Company, Inc. is a corporation with a business address of 6801 Brecksville Road, Independence, Ohio 4413 1. In December 2000, LTV and its related companies ?led for Chapter 11 protection in the US. Bankruptcy Court for the Eastern District of Ohio (Youngstown). Since that time, LTV has been operating as a' debtor in possession. The name and address of debtor's counsel is David G. Heiman, Esquire, Jones, Day, Reavis and Pogue, North Point, 901 Lakeside Avenue, Cleveland, Ohio 44114. Hereinafter, LTV Steel Company, Inc. and the Bankruptcy Estate of LTV Steel Company, Inc. shall be referred to collectively as C. LTV owns and operated several coal mining facilities in including the Banning Mine, an underground mine located in Westmoreland County, the Clyde Mine, an underground mine located in Washington County, the Russellton Mine, an underground mine and related coal refuse disposal pile located in Allegheny County, and the Nemacolin Refuse Pile, a coal refuse pile located in Greene County. Three Quiler Coal Ming D. LTV ceased coal production at each of the three underground mines, the Banning Mine, the Clyde Mine and the Russellton Mine, in the 19803 and performed the necessary surface reclamation work at each one. However, at each of the underground mines, groundwater has been ?owing into and forming a pool in the large underground -2- voids remaining at each mine. Each mine pool continuously rises and, if allowed to rise without restraint, ultimately will break out at the surface discharging millions of gallons of acid mine drainage. E. In order to prevent any surface break outs of acid mine drainage and to keep each mine pool at a safe level, each pool must be pumped and the pumped mine drainage must be treated before it is discharged to the receiving stream. F. LTV has been performing this pumping and treatment at each of the three underground mines since the point in time when each pool rose to a signi?cant level. G. LTV has been pumping and treating 8-9 million gallons of mine drainage each day from the Banning Mine since 1982 in order to maintain the mine pool at an elevation of 735 feet mean sea level LTV discharges the treated mine drainage to an unnamed tributary to the Youghiogheny River. LTV performs this'work under authorization of Post Mining Activity Permit 65981701. H. LTV has been pumping and treating 1.5 million gallons of mine drainage each day from the Clyde Mine since 1998 in order to maintain the pool at an elevation of 730 feet msl. LTV discharges this treated mine drainage to Ten Mile Creek. LTV performs this work under authorization of Post Mining ActivityPermit?i?sgilf??if:? I. LTV has been pumping and treating 2 million gallons of mine drainage each day since 1994 from the Russellton Mine in order to maintain the pool at an elevation of 889 feet msl. LTV discharges the treated mine drainage to Dawson Run, a tributary to Deer Creek. LTV performs this work under authorization of Underground Mine Permit 02841301 and NPDES Permit I. If the pumping and treatment ceases at any one of the three undergron mines, the pools will rise to the breakout level. It will take approximately six months from the cessation of pumping at each mine in order for the mine pool to reach the breakout level. K. The Banning Mine will break out when it reaches the elevation of 750-760 feet msl; the Clyde Mine will break out when it reaches the elevation of 760-770 feet msl; the Russellton Mine will break out when it reaches the elevation of 900 feet msl. L. If any one of the three mine pools breaks out, it will create environmental and health and safety hazards. M. The Banning Mine will break out at multiple locations within and adjacent to the Youghiogheny River near the river conununity of West Newton in Westmoreland County. Numerous private and community properties, including basements and parking lots, will be ?ooded. A section of the Youghiogheny River will turn orange and its water quality will be lowered. The heavy recreational uses made of the Youghiogheny River, including fishing, boating, and hiking on the Yough River Rails to Trails, will be adversely affected. The public water suppliers that draw from the Youghiogheny River will have to institute signi?cant and costly additional treatment of the river water in order to provide water to the public. . v? N. The Clyde Mine will break out in or adjacent to Ten Mile Creek, I approximately one mile upstream of the con?uence of Ten Mile Creek with the Monongahela River. A section of Ten Mile Creek will turn orange and its water quality will be lowered. The heavy recreational uses made of the stream, including ?shing and boating, will be adversely affected. At least one commercial establishment, a boat marina situated at the location of the expected breakout, will be flooded and may be forced to close business. 0. The Russellton Mine will break out at multiple locations, most likely from old mine openings and into Bull Creek and Little Deer Creek, stream which eventually flow into the Allegheny River. The water quality and uses of these streams will be adversely affected. In addition, an existing surface discharge from the adjacent and closed Indianola Mine ("Indianola Discharge") will increase in flow. The Indianola Discharge ?ows to Deer Creek upstream of where an annual trout stocking program occurs. P. A breakout of untreated mine drainage from an underground mine constitutes violations of the Clean Streams Law, the Surface Mining Act, the Bituminous Mine Subsidence Act, the Rules and Regulations, and the permits authorizing pumping and treatment activities at that mine. In addition, any such breakout constitutes a public nuisance. Finally, any such breakout constitutes an immediate and identi?able hazard to the public health and safety. #5 Q. In order to prevent the conditions described above in Paragraphs M, N, an O, and to prevent the creation of violations of law, public nuisances and public health and safety endangerments, the pumping and treatment operations at the Banning Mine, the Clyde Mine and the Russellton Mine must be continuously maintained. I Pile R. The Russellton Mine includes an associated refuse pile. There are surface seeps of acidic drainage ?owing from the base of the refuse pile. If they were not collected, these acidic seeps would ?ow directly to and pollute Little Deer Creek. 8. LTV collects and treats the acidic seeps at the surface of the Russellton Mine and then channels the seeps into an underground mine pool at the Russellton Mine. LTV performs this work under authorization of Coal Refuse Disposal Permit #0274703. T. The discharge of untreated seeps from a refuse pile constitutes violations of the Clean Streams Law, the Surface Mining Act, the Coal Refuse Disposal Act, the Rules and Regulations and the terms and conditions of the permit authorizing the collection, treatment, and discharge of such seeps. In addition, such discharges constitute a public nuisance. Finally, such discharges constitute an immediate and identifiable hazard to the public healthand safety. U. In order to prevent the discharge of untreated seeps from the Russellton Refuse Pile to the receiving stream, the seeps must continue to be collected and treated at the surface facilities. Eemcdin Refuse ?11 V. The NemacolinRefuse Pile is a 187 acre facility consisting of a large pile of coal refuse generated by underground mining and coal preparation activities which occmred many years ago at the site and a large coal slurry pond. Neither the refuse pile nor the coal slurry pond has been reclaimed. A portion of the refuse pile has been burning for a number of years. In addition, there are seeps of acidic drainage ?owing from the base of the refuse pile at the rate of .3 million gallons per day. W. The ?re burning in the Nemacolin Refuse Pile causes air pollution and causes the pile to be unstable. The unreclaimed condition of the pile causes it to be unstable and allows surface water ?owing over the pile to in?ltrate the pile. The in?ltration of surface waters make the pile more unstable and causes the surface seeps of contaminated drainage. X. LTV has been collecting and treating the seeps from the Nemacolin Refuse Pile prior to discharging them to the Monongahela River. LTV conducts these activities under authorization of Coal Refuse Disposal Permit 30743701.. Y. The conditions at the Nemacolin Refuse Pile which are described above in Paragraphs and constitute violations of the Clean Streams Law, the Surface Mining Act, the Coal Refuse Act, the Rules and Regulations, and the terms and conditions of Coal Refuse Disposal Permit 3074370]. In addition, such conditions constitute a public nuisance. Finally, such conditions constitute immediate and identi?able hazards to the public health and safety. Z. In order to ensure compliance with the applicable statutes, regulations, and the permit for the Nemacolin Refuse Pile, LTV must extinguish the ?re in the pile, reclaim the pile, and continue to collect and treat the seeps from the pile. NOW, THEREFORE, pursuant to Sections 5, 316, 402 and 610 of the Clean Streams Law, 35 Pa. Code 691.5, 691.316, 691.402 and 691.610; Sections 4.2 and 4.3 of the Surface Mining Act, 52 1396.4b and 1396.4c; Section 9 of the Coal Refuse Disposal Act, 52 RS. 30.59; Section 9 of the Mine Subsidence Act, 52 PS. 1406.9; and Section l9l7-A of the Administrative Code, 71 PS. 51o17; it is hereby ORDERED: 1. a. LTV shall continuously maintain the mine pools in the Banning Mine, the Clyde Mine, and the Russellton Mine to prevent a break out from each mine. Speci?cally, LTV shall maintain the Banning Mine pool at the level of 735 feet msl; LTV shall maintain the Clyde Mine pool at the level of 730 feet msl; and LTV shall maintain the Russellton Mine pool at the level of 889 feet msl. LTV shall accomplish this by maintaining such pumping and treatment Operations at each mine as are authorized by the terms and conditions of Post Mining Activity Permit 65981701 (Banning Mine), Post'Mining Activity Permit 63971701 (Clyde Mine), and Underground Mine Permit 02841301 and NPDES Permit (Russellton Mine). ?w b. In the alternative, LTV shall create another remedy, satisfactory to A the Department, that provides for perpetually maintaining the mine pools in the Banning Mine, the Clyde Mine and the Russellton Mine at levels necessary to prevent a surface breakout. A c. By April 5, 2002, LTV shall advise the Department in writing of which alternative it will implement and of how it will accomplish this. 2. a. LTV shall continue to provide for the collection and treatment of the surface seeps from the Russellton Coal Refuse Pile in such a manner as complies with all requirements of the Clean Streams Law, the Coal Refuse Disposal Act, the Surface 1 Mining Act, the Rules and Regulations promulgated thereunder, and the provisions of Coal Refuse Disposal Permit 0274703. b. In the alternative, LTV shall create another remedy, satisfactory to the Department, that provides for the collection and treatment of the surface seeps from the Russellton Mine. c. By April 5, 2002, LTV shall advise the Department in writing of which alwmative it will implement and of how it will accomplish this. 3. By April 5, 2002, LTV shall commence action to extinguish the ?re burning in the Nemacolin Coal Refuse Pile and shall extinguish the fire by August 30, 2002. On or before March 22, 2002, LTV shall notify the Department in writing of the date on which it prOposes to commence this work and, at that time, shall provide the Department with a written description of what it plans to do. LTV shall take -9- all such measures as are necessary to prevent the creation of air or water pollution while performing this work. 4. By April 5, 2002, LTV shall commence reclamation of the Nemacolin Refuse Pile and shall complete reclamation by September 1, 2003. LTV shall reclaim the Nemacolin Refuse Pile in accordance with all provisions of the reclamation plan identi?ed as the Abandonment Plan/Aerial Team Refuse Pile/Nemacolin Mine/Greene County, and submitted to the Department by LTV in January 1992, and the provisions of the Clean Streams Law, the Coal Refuse Disposal Act, the Surface Mining Act, and the Rules and Regulations. 5. a. LTV shall continue to provide for the collection and treatment of the surface seeps from the Nemacolin Refuse Pile in such a manner as complies with all requirements of the Clean Streams Law, the Coal Refuse Disposal Act, the Surface Mining Act, the Rules and Regulations, and the provisions of Coal Refuse Disposal Permit 30744701. b. - In the alternative, LTV shall create another remedy, satisfactory to the Department, that provides for the collection and treatment of the surface seeps from the Nemacolin Refuse Pile. c. By April 5, 2002, LTV shall advise the Department in writing of which alternative it will implement and of how it will accomplish this. -10- a Any person aggrieved by this action may appeal, pursuant to Section 4 of the Environmental Hearing Board Act, 35 PS. 7514, and the Administrative Agency Law, 2 Pa. C.S., Chapter 5A, to the Environmental Hearing Board, Second Floor, Rachel Carson State Of?ce Building, 400 Market Street, P. 0. Box 8457, Harrisburg, 17105-8457, 717-787-3483. TDD users may contact the Board through the Relay Service, 800-654?5984. Appeals must be ?led with the Environmental Hearing Board within 30 days of receipt of written notice of this action unless the appropriate statue provides a different time period. Copies of the appeal form and the Board?s rules of practice and procedure may be obtained from the Board. The appeal form and the Board?s rules of practice and procedure are also available in braille or on audiotape from the Secretary to the Board at 717-787-3483. This paragraph does not, in and of itself, create any right of appeal beyond that permitted by applicable statues and decisional law. IF YOU WANT TO CHALLENGE THIS ACTION, YOUR APPEAL MUST REACH THE BOARD WITHIN 30 DAYS. YOU DO NOT NEED A LAWYER TO FILE AN APPEAL WITH THE BOARD. IMPORTANT LEGAL RIGHTS ARE AT- STAKE, HOWEVER, SO YOU SHOULD SHOW THIS DOCUIVIENT TO A LAWYER AT ONCE. IF YOU -11- a? CANNOT AFFORD A LAWYER, QUALIFY FOR FREE PRO BONO REPRESENTATION. CALL THE SECRETARY TO THE BOARD (717-787-3483) FOR MORE INFORMATION. FOR THE COMMONWEALTH OF DEPARTMENT OF ENVIRONMENTAL PROTECTION M'haelTerreth District Mining Manager Greensburg District Of?ce RD. 2, Box 603-C Greensburg, PA 15601-0982 724-925-5500 I Date: 3/7/02" -12. Department of Environmental Protection Armbrust Professional Center RR Box 603-C Greensburg, PA 15601-8739 March 27, 2002 Greensburg District Of?ce 724-925-5500 . CERTIFIED MAIL NO. 7001 2510 0003 3 8 73%? The Bankruptcy Estate of LTV Steel Thaddeus Zalenski, Esquire LTV Steel Company, Incl Company, Inc. 6801 Brecksville Road c/o David G. Heinman, Esquire Independence, OH 44131 Jones, Day, Reavis Pogue North Point 90] Lakeside Avenue Cleveland, OH 44114 RE: Banning Mine Clyde Mine Russellton Mine and Coal Refuse Pile Nemacolin Coal Refuse Pile Dear Messrs. Zalenski and Heiman: Following the Department' smeeting of March 21 with LTV Steel Company and its contractor, All/?) Industries, Inc., the Department has decided to modify the obligation set forth in Paragraph 1a of the Department's Order of March 7, 2002 concerning the Banning, Clyde, and Russellton Mines and the Nemacolin Re?ise Pile. At present Paragraph 1.a. of the Order requires LTV to maintain the mine pool at the Banning Mine at the level of 735 feet mean sea level For a number of months prior to issuance of the order, LTV has maintained the mine pool atthe elevation of 768 feet msl, by pumping and treating only at the Banning Treatment Plant. The Department believes that the mine pool needs to be lowered to the elevation of 730 feet by September 1, 2002 in order to provide a su?cient safety bu&r. Accordingly, the Department hereby modi?es Paragraph l.a. as follows: 1. a. LTV shall continuously maintain the mine pools in the Banning Mine, the Clyde Mine, and the Russellton Mine to prevent a breakout ?'om each mine. As to the Banning Mine, on April 1, 2002, LTV shall commence lowering the mine pool from its current elevation of 768 feet and shall continue lowering the pool to the elevation of 730 feet msl. LTV shall accomplish the lowering of the Banning Mine pool to the elevation of 730 feet on or before September 1, 2002.} As to the Clyde Mine, LTV shall maintain the mine pool at the level of 730 feet msl. As to the Russellton Mine, LTV shall maintain the mine pool at the level of 889 feet msl. LTV shall accomplish this work by conducting such pumping and treatment operations at each mine as are authorized by the terms conditions of Post Mining Activity Permit #65981701(Banning Mine), Post Mining Activity Permit #63971701 (Clyde Mine) and Underground Mine Permit #02841301 and NPDES Permit (Russellton Mine). An Equal Opportunity Emplokr Printed on Recycled Paper Thaddeus Zalenski, A The Bankruptcy Estate of Lf'v Steel Co. bcc: All other provisions or the March 7, 2002- Order remain the same. Esquire -2- March 27, 2002 Ifyou have any questions concerning this matter please contact me. a! Jim Brahosky William Plassio Joel Koricich Scott Horrell Mike Terretti Margaret Hall C. R. Greene Robert King Jim Fletcher Doug Walter Patrick Brazzon Diana Stares Gail Myers Chuck Duritsa Mszao Sincerely, mew Michael Terretti District Mining Manager Greensburg District Mining O?ice CONTRACT FOR SERVICES - This Contract for Services (this "Contract") is made effective as of the 'lii?ay of Seplvti??iios, by and between THE CLEAN STREAMS FOUNDATION, INC., a not for pro?t corporation (the ?Foundation?) as Trustee of the Environmental Fund, with an address of 520 West Short Street, Lexington, Kentucky 40507, and AMD Industries, Inc. AMD Industries, a corporation, (?Contractor?), with an address of P.O. Box 501 California, 15419. 1. DESCRIPTION OF SERVICES. Beginning on (month day), 2005, Contractor will provide to the Foundation the services described in the attached Exhibits A through (collectively, the "Work".) Exhibits A through are incorporated in and made a part of this Contract . 2. PAYMENT FOR SERVICES. In exchange for the Work, Foundation will pay Contractor according to the terms and schedules contained in Exhibits A through D. 3. TERM. This Contract will remain in e??ect for a period of one year, or until earlier terminated, as provided for in Paragraph 12 below. Ifnot terminated, this Contract shall be automatically extended for an additional Term of one (1) year commencing at the expiration of the previous at the option of the Foundation. - 4. CHANGE ORDER. The term change order means a written order to the Contractor issued a?er execution of the Contract, directing a change in the Work within the general scope of the Contract, or an adjustment in the compensation paid under the Contract. A change order may be an agreed change by the Contractor and the Foundation, or it may be a unilateral change ordered by the Foundation. The Fomda?on's right to make changes shall not invalidate the Contract or relieve the Contractor of any obligations under. the Contract. Any adjustment to the Contract, including adjustments to the Contractor's compensation, shall be determined to the greatest extent possible at the time of ordering such change. 5. ADJUSTMENTS. The parties agree to negotiate in good faith to make equitable adjustments to the compensation arrangement provided for herein to account for any signi?cant changes in the Contractor?s Work or otherwise as may be necessary to account for unforeseen circumstances that affect the ability of the Contractor to Operate, and properly treat water at the Mine Water Treatment Plants described in Exhibits A through D. 6: RECORDS. The Contractor shall keep accurate and timely accounting records of all funds (11is under the Contract to ensure that charged expenditures are for eligible purposes, and that documentation is' readily available to verify that such. charges are accurate. The Contractor shall retain ?nancial records, supporting documents and all other to the Contract for a period of not less than three (3) years beyond the terminationof the Contract. 7. SAFETY AND COMPLIANCE. All work under this contract shall be performed in accordance with all applicable federal, state, and local statutes, ordinances, rules and regulations. The Contractor shall provide safety controls for protection of the life and health of employees and visitors. The Contractor will utilize methods for the prevention of injury, and for prevention of dmage to property, materials, supplies, and equipment, for avoidance of work interruptions in the performance of the Work. The Contractor shall comply with all applicable state and federal safety regulations, including those of the federal Occupational Safety and Health Administration. The Contractor shall maintain its operations free from any violations of applicable regulations. If at any time any competent regulatory authority determines that there is a violation related to the Contractor?s operations, Contractor shall immediately take all steps necessary to ensure the prompt abatement of said violation. . The Contractor shall provide the Foundation and the PA Department of Environmental Protection (?Department?) with a list of any hazardous chemicals or materials that will be used on the job site and ensure that all applicable state and federal regulations pertaining to the storage, use and disposal of such chemicals or materials are ??ly complied with. The Contractor shall ensure that Material Safety Data Sheets are available on- site for each such material and that such are available for review upon request by the Contractor?s employees, other contractors and subcontractors working on the site, the Foundation, and the Department. 8. DEFAULT. Prior to the exercise of any and all other rights a party may have available under this Contract or according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party shall give the defaulting party written notice. Said notice shall describe with suf?cient detail the nature of the default. The party receiving such notice shall have ?fteen days ion: the e??ective date of such notice to cure the default(s). 9. DISPUTE RESOLUTION. The parties shall negotiate in good faith and attempt to resolve any dispute which may deveIOp under this Contract prior to engaging in binding arbitration to resolve the dispute.? 10. INSURANCE. The Contractor shall acquire and a Comprehensive General Liability (CGL) Insurance Policy. The GCL limits of liability shall not be less than $1,000,000.00 per occurrence or per claim for the Work under this Contract. The Contractor shall acquire and maintain Workers? Compensation Insurance at the state statutory The Contractor shall and maintain Comprehensive Automobile Liability (CAL) Insurance to cover all owned, hired, leased or non-owned vehicles used for Work under the Contract. CAL policy limits shall not be less than the state statutory limits and shall not be less than $500,000 for combined single limits for bodily injury and property damage for each occurrence; or. if split limits are - used, they shall not be less than $500,000 for bodily injury and $250,000 for each occurrence for property damage. The Contractor shall to the Foundation a certi?cate of such coverage and shall include the Foundation as an additional named insured on all such policies of insurance. 11., INDEMNIFICATION. Contractor agrees to indemnify and hold the Foundation harmless ?om all claims, losses, expenses, fees (including attorney fees), costs, and judgments that may be asserted against Foundation that result ?om the acts or omissions of Contractor and/or Contractor's employees, agents, or representatives. The Foundation shall not be responsible for any loss of life, personal injury, or property damage of any kind in the performance of these services. 12. TERMINATION. This Foundation, by written notice to the Contractor, may terminate this Contract in whole or in part when it is in the interest of the Foundation, in the sole discretion of the Foundation. In such case, the Contractor shall be paid for all a work done, provided that such payments shall not exceed the Contract price as reduced by the value of the work as yet not completed. The Contractor shall not be entitled to compensation for lost pro?t or overhead on work not performed. Upon termination of this Contract, Contractor will return to Foundation all records, notes, documentation, equipment, materials, and other items that were used, created, or controlled by Contractor related to the Work. Prior to terminating the Contract, the Foundation shall give the Contractor written notice of its intent to terminate and shall give this notice 60 days in advance of termination. 13. DISCRIMINATION PROHIBITED. The Contractor is prohibited ?om discriminating based on race, creed, color, sex, age, religion, national origin, or disability in employment. 14. ENTIRE AGREEMENT. This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or?oral agreements between the parties. 15. SEVERABIHTY. If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. Ifa court ?nds that any provision of this Contract is invalid or unenforceable, but that by such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited. 16. This Contract may be modi?ed or amended in writing, if the IS Signed by the party obligated under the amendment. - - . 17. GOVERNING LAW. This Contract shall be construed in accordance with the laws of the Commonwealth of 18. OTICE: Any notice or communication required or permitted this Contract shall be su?ciently given if delivered in person or by certi?ed mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have ?irnished to the other in writing. 19. ASSIGNMENT. Contractor may not assign or transfer this Contract without the prior written consent of the Foundation, which approval shall not be unreasonably withheld. The Foundation may ?'eely assign or transfer this Contract without prior consent of the Contractor. IN WITNESS WHEREOF, the parties have entered into this contract effective as of the date and year ?rst above written. FOUNDATION: The Clean Streams Foundation, Inc. By? Date: q? 200K 19? Hunt Administrator of the Clean Streams Foundation, Inc. CONTRACTOR: AMD Industries, Inc. By: A Date: 14w? Z9, Si tur? ?eld If Print Name Title sco?r or WORK 1. Scope of Work. a. On and alter the e??ective date of this Contract, Contractor shall provide all necessary labor, transportation between facilities, and other work to maintain and operate the Banning Mine Water Treatment Plant and the Euclid Mine Water Treatment Plant and associated facilities (collectively, the "Banning Mine Water Treatment Plants"). The Contractor shall ensure an adequate commitment of personnel to complete the scope of work provided for in this Contract. The Contractor at all times shall conduct the work in a good workmanlike manner. b. Operation and Maintenance of the Banning Mine Water Treatment Plants shall include: i. Pumping approximately 8 MGD ?om the Banning Mine Pool via high capacity deep well pumps located at the Banning Mine Water Treatment Plants (two at Banning Plant and two at Euclid Plant); ii. Maintaining the Banning Mine Pool at an elevation of 735 feet above sea level (FASL) (the mine pool will break out at an elevation of 750-7 60 . Adding chemicals via a hydrated lime silo with a screw feeder; iv. the chemicals with the mine drainage; v. Aerating the treated water in an aeration tank (each tank is con?gured with aerators, bottom mixers, and a ?oe mixer); vi. Maintaining a polymer mixing tank which empties into the ?oe mixer section of the aeration tank; Clarifying the treated water in one 105' diameter clari?er at the Banning . Plant, and two 105' diameter clari?ers at the Euclid Plant; Discharging the treated water from the Banning Mine Water Treatment Plants to the Youghiogheny River; ix, Pumping and disposing iron sludge ?om the clarifiers via an injection borehole into the abandoned underground workings; Routine sampling, monitoring, reporting and maintenance of the Banning Mine Water Treatment Plants; Maintaining compliance with all local, state, and federal laws and regulations; Maintaining winter access to the Banning Mine Water Treatment Plants; . Operating the Banning Mine Water Treatment Plants 24 hours a day, 7 days a week; and xiv. Keeping premises free ?'om the accumulation of waste material or rubbish. . i" Es c. The Contractor is required to provide emergency services as needed. The Contractor shall be able to select appropriate subcontractors as the emergency warrants. The Contractor- must report any subcontractor fees within 24 hours for any emergencies that arise during the week and by the start of business on Monday for weekend emergencies; Any emergency requiring subcontractor fees and material/labor costs to exceed $1,000.00 will require prior Foundation approval and concurrence by the PA Department of Environmental Protection ("Department".) However, if any such emergency occurs during hours when the Foundation and the Department cannot be reached for approval and concurrence, the Contractor must perform as much work as necessary to stabilize the emergency situation and to remove any public and/or environmental hazard. 2. Changes to Eguipmeng Repair/Replacement Parts; Chemicals; Utilities; Materials. All equipment, repair/replacement parts, chemicals, utilities, and other materials required for maintaining and operating the Banning Mine Water Treatment Plants will be purchased bythe Contractor on, an as needed basis. The bills will be paid by the Contractor. The Contractor will include these costs in its billing to the Foundation for payment. Any parts or material exceeding $1,000.00 require prior Department concurrence. Any change in chemical unit prices must be reviewed by the Department. The Foundation reserves the right to negotiate for chemical costs. 3. Compensation. As compensation for the services performed under this Exhibit, Contractor shall receive payments according?to the following terms: Base Compensation of $15,500.00 per month. Actual cost of expenses authorized by Paragraph 2 above, plus 5.25% of the actual cost of expenses. - Actual cost of emergency services authorized by Paragraph 1 above, plus 5.25 of the actual cost of- emergency services. 4. Time and Manner of Payment. a. Contractor shall be reimbursed twice each month for the work it performs pursuant to Paragraph and above. Twice each month, on the ??eenth day and the thirtieth day, the Contractor shall invoice the Foundation for all work performed during the preceding two weeks. The Contractor shall send _a copy of the invoice to the Department. Each invoice shall be accompanied by a report showing the itemized cost and requests for compensation covered by the invoice. All invoices are subject to the written concurrence of an authorized representative of the Department prior to payment. The Foundation, provided that no exception is taken to the Contractor's invoice by the Department, generally will issue payment to the Contractor on or within ??een (15) working days from the date the Foundation receives the Department's concurrence of payment. A reasonable delay on the part of the Foundation in (making payment to the Contractor for any given payment shall not be grounds for breach of ontract. . b. Contractor shall be compensated solely out of funds available in the LTV Envrronmental Fund. Payments owed to Contractor which are past due solely due to inschient funds bemg available from the LTV Environmental Fund will not accrue interest-but shall be paid as soon as practicable by the Foundation when funds become available. 2.. EXHIBIT SCOPE OF WORK AND 1. Scope of Work. a. On and after the e?'ective date of this Contract, Contractor shall provide all necessary labor, transportation between facilities, and other work to maintain and Operate the Clyde Mine Water Treatment Plant and associated facilities (?Clyde Mine Water Treatment Plant?). The Contractor shall ensure an adequatecommitment of personnel to complete the scope of work provided for in this Contract. The Contractor at all times shall conduct the work in a good workmanlike manner. b. Operation and Maintenance of the Clyde Mine Water Treatment Plant- shall include: i. Pumping approximately 1.5 MGD ?'om the Clyde Mine Pool via high capacity deep well pump located at the Clyde Mine Water Treatment Plant; 1 Maintaining the Clyde Mine Pool at an elevation of 730 feet above sea level (The mine pool will break out at an elevation of 760-770 . Adding chemicals via a lime ?nes silo with a screw feeder; the chemicals with the mine drainage; Aerating the treated water in an aeration tank; Maintaining a polymer mixing talk; Clarifying the treated water in one approximately 90? diameter clari?er; . Discharging the treated water from the Clyde Mine Water Treatment Plant to Ten Mile Creek; Pumping and disposing iron sludge from the clari?er via an injection borehole into the abandoned underground workings; Routine sampling, monitoring, reporting and maintenance of the Clyde Mine Water Treatment Plant; Maintaining compliance with all local, state, and federal laws and regulations; Maintaining winter access to the Clyde Mine Water Treatment Plant; Operating the Clyde Mine Water Treatment Plant 24 hours a day, 7 days a week; and xiv. Keeping premises free ?om the accumulation of waste material or rubbish. F: am as c. The Contractor is required to provide emergency services as needed. The Contractor shall be able to select appropriate subcontractors as the emergency warrants. The Contractor must report any subcontractor fees within 24 hours for any- emergencies that occur during the Week and by the start of business on Monday for Weekend emergencies. Any emergency requiring subcontractor fees and material/labor costs to exceed $1,000.00 will require prior Foundation approval and concurrence by the PA Department of Environmental Protection C?Departmen However, if any such emergency occurs during hours when the Foundation and the Department cannot be reached for approval and concurrence, the Contractor must perform as much work as necessary to stabilize the emergency situation and to remove any public and/or environmental hazard.? 2. Changes to Eguipmeng Repair Parts: Chemicals: Utilities: Materials. All equipment, repair/replacement parts, chemicals, utilities, and other materials required for maintaining and operating .the Clyde Mine Water Treatment Plant will be purchased by the Contractor on an as needed basis. The bills will be paid by the Contractor. The Contractor will include these costs in its billing to the Foundation for payment.? Any parts or material exceeding $1,000.00 require prior Department concurrence. Any change in chemical unit prices must be reviewed by the Department The Foundation reserves the right to negotiate for chemical costs. 3. Compensation. for the services performed under this Exhibit, according to the following terms: .. - Base Compensation of $6,695.00 per month. Actual cost of expenses authorized by Paragraph 2 above, plus 5.25% of the actual cost of eXpenses. . if? Actual cost of emergency services authorized by Paragraph above, plus?~ . 5.25% of the actual cost oi; emergency services. 4. Time and Manner of Pament. a. Contractor shall be reimbursed twice each month for the work it performs pursuant to Paragraph and above. Twice each month, on the ?fteenth day . and the thirtieth day, the Contractor shall invoice the Foundation for all work performed during the preceding two weeks. The Contractor shall send a copy of the invoice to the Department. Each invoice shall be accompanied by a report showing the itemized cost and requests for compensation covered by the invoice. All invoices are subject to the written concurrence of an authorized representative of the Department prior to payment. The Foundation, provided that no exception is taken to the Contractor's invoice by the Department, generally will issue payment to the Contractor on or within ??een (15) working days from the" date the Foundation receives the Department's concurrence of payment. A reasonable delay on the part of the Foundation in making payment to the Contractor for any given payment shall not be grounds for breach of Contract. a b. Contractor shall be compensated solely out of ?mds available in the LTV linvrronmental Fund. Payments owed to Contractor which are past due solely due to msuf?crent funds being available ?om the LTV Environmental Fund will not accrue interesti but shall be paid as soon as practicable by the Foundation when become avarlab e. EXHIBIT SCOPE OF WORK AND TERMS OF COMPENSATION 1. Scope of Work. a. On and after the e??ective date of this Contract, Contractor shall provide all necessary labor, transportation between facilities, and other work to maintain and Operate the Russelton Mine Water Treatment Plant and associated facilities (?Russelton Mine Water Treatment Plant"). The Contractor shall ensure an adequate commitment of personnel to a complete the scope of work provided for in this Contract. The Contractor at all times shall conduct the work in a good workmanlike manner. b. Operation and Maintenance of the Russelton Mine Water Treatment Plant shall include: i. Pumping approximately 2 MGD ?om the Russelton Mine Pool via a high capacity deep well pump located at the Russelton Mine Treatment Plant; ii. Maintaining the Russelton Mine Pool at an elevation of 889 feet above sea level (FASL) (The mine pool will break out at an elevation of 900 Adding chemicals via a rock/lime?dust?hydrated lime silo with a screw feeder; Mixing the chemicals with the mine drainage; Maintaining a large settling/sludge basin; . . Discharging the treated water from the Russelton Mine Water Treatinent Plant to Dawson Run; Pumping and disposing of iron sludge from the sludge pond via an inj ection borehole into the- abandoned underground workings; Routine sampling, monitoring; reporting and maintenance of the Russelton Mine Water Treatment Plant; . ix. Maintaining compliance with all local, state, and federal laws and regulations; x. Maintaining winter access to the Russelton Mine Water Treatment . Plant; 4 xi. Operating the Russelton Mine Water Treatment Plant 24 hours a day, 7 days a week; and . . Keeping premises free from the accumulation of waste materials or rubbish. as .2- g. .2: c. The Contractor is required to provide emergency services as needed. The Contractor shall be able to. select appropriate subcontractors as the emergency warrants. The Contractor must report any subcontractor fees within 24 hours for any emergencies that arise during the week and by the start of business on Monday for weekend emergencies. Any emergency requiring subcontractor fees and material/labor costs to exceed $1,000.00 will require prior Foundation approval and. concurrence by the PA Department of Environmental Protection (?Department?.) However, if any such emergency occm's during hours when the Foundation and the Department cannot be reached for approval and concurrence, the Contractor must perform as much work as necessary to stabilize the emergency situation and to remove any public and/or environmental hazard. - 2. Changes to Egugp? meng Repair Parts; Chemicals; Utilities; Material. All equipment, repair/replacement parts, chemicals, utilities, and other materials required for maintaining the Russelton Mine Water Treatment Plant will be purchased by the Contractor on an as needed basis. The bills will be paid by the Contractor. The Contractor will include these Costs in its billing to the Foundation for payment. Any parts or material exceeding $1,000.00 requires prior Department concurrence. Any change in chemical unit prices must be reviewed by the Department. The Foundation reserves the right to negotiate for chemical costs. 3. Compensation. .33 compensation for the services performed under this Exhibit, Contractor shall receive payments according to the following terms: Base_Compensation of $8,034.00 per month. Actual cost of expenses authorized by Paragraph 2, plus 5.25% of the actual cost of expenses. . Actual cost of emergency services authorized by Paragraph 1(c) above, plus 5.25% of the actual cost of emergency services. 4. - Time and Manner of Pament. a. Contractor shall be reimbursed twice each month for the work it performs pmsuant to Paragraph 1 and(c) above. Twice each month, on the ?fteenth day and the thirtieth day, the Contractor shall invoice the Foundation for all work performed during the preceding two weeks. The contractor shall send a copy of the invoice to the Department. Each invoice shall be accompanied by a report showing the itemized cost and requests for compensation covered by the invoice. All invoices are subject to the written concurrmce of an authorized representative of the Department prior to payment. The Foundation, provided that no exception is taken to the Contractor's invoice by the Department, generally will issue payment to the Contractor on or within ?fteen (15) Working days ?nm the date the Foundation receives the Department's concurrence of payment. A reasonable delay on the part of the Foundation in making payment to the Contractor for any given payment shall not be grounds for breach of Contract. b. Contractor shall be compensated solely out _of funds available in the LTV Environmental Fund. Payments owed to Contractor which are past due solely due to insu?cient funds being available from the LTV Environmental will not accrue interest, but shall be . paid as soon as practicable by the Foundation when ?mds become available. . EXHIBIT . . SCOPE OF WORK AND TERMS OF COMPENSATION 1. Scope of Work. . a. On and after the effective date of this Contract, Contractor shall provide all necessary labor, transportation between facilities, and other work to maintain and operate the Russelton Refuse Pile Water Treatment Plant and associated facilities (?Russelton Re?ise Pile Water TreatmentPlant?). The Contractor shall ensure an adequate commitment of personnel to complete the scope of work provided for in this Contract. The contractor at all times shall conduct the work ina good worlcmanlike manner. b. Operation and Maintenance of the Russelton Refuse Pile Water Treatment Plant shall include: i. Maintaining a system of collection ditches and underdrains which collect up to .3 MGD of leachate water ?om the Russelton Refuse Pile; Maintaining two large pre-treatment ponds; Pumping the untreated leachate water through the injection boreholes directly into the abandoned underground mine workings; iv. Routine sampling, monitoring, reporting and maintenance of the entire Russelton Refuse Pile Water Treatment Plant; Maintaining compliance with all local, state, and federal laws and regulations; Maintaining winter access to the Russelton Refuse Pile Water Treatment Plant; Operating the Russelton Refuse Pile Water Treatment Plant 24 hours .a day, 7 days a week; . Keeping the premises free item the accumulation of waste material or nibbish; and ix. In the event that the water in the mine pool cannot be success?illy treated to comply with the applicable ef?uent limitations and water quality standards, or that the PA Department of Environmental Protection (?Departinent?) otherwise determines it is necessary, treating the leachate water prior to pumping it into the underground mine workings. Speci?cally, the leachate water shall be pumped from the pre-treatrnent ponds to areaction tank located in the treatment building; in the reaction tank, the leachate water Will be mixed with a 50% solution of the treated leachate water then will be pumped to injection boreholes and discharged directly into the undergron mine workings. [as .4 E: - . c. . The Contractor is required to provide emergency services as needed..The Contractor shall be able to select appropriate subcontractors as the emergency Warrants. The Contractor must report any subcontractor fees within 24 hours for any emergencies that occur during the week and by the start of Department business on Monday for weekend emergencies. Any emergency requiring subcontractor fees and material/labor costs to exceed $1,000. 00 will require prior Foundation approval and concurrence of the Department. However, if any such emergency occurs during hours when the Foundation and the Department cannot be reached for approval and concurrence, the Contractor must perform as much work as necessary to stabilize the emergency situation and to remove any public and/or environmental hazard. 2. Changes to Eguipmeng Repair/Parts; Chemicals; Utilities; Materials. All equipment, repair/replacement parts, chemicals, utilities, and other materials required for maintaining the Russelton Refuse Pile Water Treatment Plant will be purchased by the Contractor on an as needed basis. The bills, will be paid by the Contractor. The Contractor will include these costs in the billing to the Foundation for payment. Any parts or material exceeding $1,000.00 require. prior Department concurrence. Any change in chemical unit prices must be reviewed by the Department. The Foundation reserves the right to negotiate for chemical costs. . 3. Compensation. As compensation for the services performed under this Exhibit, Contractor shall receive payments according to the following schedule: Base Compensation of $2,884.00 per month. Actual cost of expenses authorized by Paragraph 2 above, plus 5.25% of the actual cost of expenses. - Actual cost of emergency services authorized by Paragraph 1(c) above, plus 5.25% of the actual cost of emergency services. 4. Time and Manner of Pament. a. Contractor shall be reimbursed twice each month for the work it performs pursuant to Paragraph and above. Twice each month, on the ?fteenth day and the thirtieth day, the Contractor shall invoice the Foundation for all work performed during the preceding two weeks. The Contractor shall send a copy of the invoice to the . Department. Each invoice shall be accompanied by a report showing the itemized cost and requestsfor compensation covered by the invoice. All invoices are subject to the written concurrence of an authorized representative of the Department prior to payment. The Foundation, provided that no exception is taken to the Contractor's invoice by the Department, generally will issue payment to the Contractor on or within ?fteen (15) working days from the date the Foundation receives the Department's concurrence of payment. A reasonable delay on the part of the Foundation in making payment to the Contractor for any given payment shall not be grounds for breach of Contract. b. Contractor shall be compensated solely out of ?mds available in the LTV Environmental Fund. Payments owed to Contractor which are past due solely due to insu?cient funds being available from the LTV Environmental-Fund will not accrue interest, but shall be paid as soon as practicable by the Foundation when ?mds become . available. Exhibit (I I Date of issue: 0610612014 04:01:49 DEP Bureau of Laboratories - Harrisburg . accmdued by a P.O. Box 1407 2575 Interstate Drive NJ DEP - Laboratory Number: PA059 1 PA DEP LAP - DEP Lab ID: 22-00223 Harrisburg. PA 17105-1467 Contact Phone Number: (717) 343-1200 Analytical Report For ulning And Reclamation Sample ID: 0523 001 Date Collected: 04/10/2014 11:20:00 AM Lab Sample ID: R2014000801 Status: Completed Name of Sample Collector: Gregory Prentice Date Received: State: . County: Greene Municipality: Jefferson Born Sample Medium: Water Sample Medium Type: Water . Location: Outfali of Clyde Mine AMD Treatment Plant Reason: Complaint Project: NOT slime: mosz Matrix: Water Stream Condition: .- A sample value is an observed reading of a sample's radioactivity on a given date and time. The Lower Level of Detection (LLD) Is the minimum sample value that can be detected with 95% con?dence. The Counting Error (CE) is a least that when added to and subtracted from a sample value. defines a range that will with 95% con?dence encompass the actual sample value. . 4L I . ?9.5PCIIL 0 04/15/2014 07:08 AM emaow 10 WATE 4 .30 Sample ID: 0523 091 Date Collected: 0411012014 11:20:00 AM And Reclamation Lab Sample ID: R2014000301 Status: Completed 1551 55005100511 - Description 95% Sample Value 95% CE Analyzed Analyst Test Method 012510111 134 WATER 3 0 PCIIL 0 0411512014 07:00 AM TMATUKAITI os1s7w CESIUM 137 WATER 3 0 PCIIL 0 0411512014 07:00 AM TMATUKAITI gosaw- COBALT 55 WATER 3 0 PCI1L 0 0411512014 07:08 AM TMATU KAITI cosow coeALT 50 WATER 3 0 0 0411512014 07:00 AM TMATUKAITI Gro_'05 AIpha Activity 52.405 54.009 34.431 0512012014 00:13 AM JENFESLER EPA 900.0 Gross Beta Activity 17.055 12.155 PCIIL 10.551 0512012014 00:13 AM JENFESLER EPA 900.0 mm IIDDINE 131 WATER 4 0 PCI1L 0 0411512014 07:05 AM TMATUKAITI EE50W IRON 59 WATER 5 0 PCI1L 0 0411512014 07:00 AM TMATUKAITI LANTHANUM 140 4 0 0 0411512014 07:00 AM 130212111 LEAD 212 WATER 5 13 5 0411512014 10:07 AM TMATUKAITI LEAD 214 WATER 4 A 45 PCI1L 5 0411512014 10:07 AM TMATUKAITI MN54W MANGANESE 54 WATER 3 PCIIL 0 0411512014 07:05 AM TMATUKAITI GAMMA RESULTS Analyzed by method EPA 901.1 Ne'g'aw. 95 3 . 0 0 0411512014 07:05 AM TMATUKAITI RA2250W RADIUM 225 WATER BY GAMMA 53 301 PCI1L 54 0411512014 10:07 AM WATER BY GAMMA 0 PCI1L 0 0411512014 10:07 AM {0232151111 232 WATER BYGAMMA 9 PCI1L I 0 0411512014 10:07 AM TMATUKAITI L212aisew URANIUM 235 WATER BY GAMMA 10 0 PCIIL 11 0411512014 10:07 AM TMATUKAITI URANIUM 235 WATER BY GAMMA I 152 300 PCIIL 109 0411512014 10:07 AM TMATUKAITI 2N05w 55 WATER 7 0 0 0411512014 07:00 AM TMATUKAITI 2R95w z1RcoNIuM'95 4 0 PCI1L 0 0411512014 07:05 AM The results of the analyses provided in this laboratory report relate only to the sample(s) identi?ed therein. Unless otherwise noted. the results presented on this laboratory report meet all requirements of the 2009 TNI standard. Sample was in acceptable condition when received by the Laboratory- Any exceptions are noted in the report. denotes tests that the laboratory is not accredited for Laboratory is accredlted by NJ NELAP. parameter not offered by PA LAP Tam Upadhyay. Technical Director. Bureau of Laboratories at?! .. f. . I.-. Date oflssue: 0510712014 04:11:41 .4 DEP Bureau of Laboratories - Harrisburg P.0. Box 1467 2575 Interstate Drive Harrisburg, PA 17105-1467 Contact Phone Number: (717) 346-7200 Sample ID: 0523 092 Analytical Report For Mining And Reclamation Date Collected: 0411012014 11:20:00 AM Lab Sample ID: 2014009874 Status: Completed Name of Sample Collector: Date Received: County: Municipality: Sample Medium: Sample Medium Type: Location: Reason: Project: Standard Matrix: Stream Condition: Sample Standard Comment: Gregory Prentice Greene Jefferson Boro Water Water Oulfall of Clyde Mine AMD Plant (?nal discharge) Complaint NOT INDICATED 755 Water Time Limit For Test Exceeded State: PA - Reported Results. I Date And Time Analyzed I [Manet "r fifeSfMe?thod 004mm ALKALINITY REPORTED pH 3.9 01.110511 ALUMINUM: TOTAL 1104/0 - e? ION D1045A TOTAL (WATER 216.0 MG1L 4.340 MG1L 772.000 UG1L 0411112014 06:02 PM 0411612014 10:09 AM 0411612014 08:19 AM 0411612014 10:09 AM SSPUHLER MOBERCASH FVODOPIVEC MOBERCASH SM 23203 EPA 200.7 EPA 300.0 EPA 200.7 4-16 1. Sample ID: 0523 092 Mining And Reclamation Date Collected: 04(101'2014 11:20:00 AM Lab Sample ID: 2014009374 Status: Completed fleet-bodes i -.- I Reported Respite Date And Time Analyzed Analyst Test Method 0105514 MANGANESE. TOTAL (WATER WASTE) BY ICP 217.000 UGIL 0411612014 10:09 AM MOBERCASH EPA 200.7 0405040 126 M0510 PM KMCMULLEN 1301.001. I 00403114 pH Reported with 3.9 alk 3.5 pH units 0411112014 06:02 PM SSPUHLER SM 4500H-B Comment Time Limit For Test Exceeded 051137117 SELENIUM. TOTAL (WATER 9.300 - 0411612014 03:33 PM OSOLENBERG 200.3 00929101 50611311. TOTAL (WATER 3 WASTETBY ICP 1910.000 MorL 041161'2014' 10:09 AM MOBEROASH EPA 2007 0100213 TOTAL (WATER 3 WASTE) BY ICP 3633000 0411612014 10:09 AM MOBEROASH EPA 200.7 70503 1314431311,, I 'l ?124.30 MGIL 0411412014 03:17 PM TVOROBEYCH SIM 23103- 0094011 Total Chloride-Colorimetric 736.0 0413012014 01:01 PM CRAOEK SM 4500-OL 703000 TOTAL DISSOLVED SOLIDS 1300 BY 6933 0411112014 12:00 AM LWILKINSON 1-1750 Comment Aliquot of sample used for analysis yielded 200 mg dried 003.453 Total Sptfate-Colorimetric 4050.4 MGIL 0412412014 01:51 PM LHREHA EPA 375.2 00530 TOTAL-SUSPENDED SOLIDS 64 0411112014 12:00 AM LWILKINSON USGS 1-3765' The results of the analyses provided in this laboratory report relate only to the sampie(s) identi?ed in the report. Unless otherwise noted, the results presented on this laboratory report meet all the are not included in our NJ requirements of the 2009 TNI standards. Sample was in acceptable condition when received by the Laboratory. Any exceptions are noted in the report. Tests noted with an NELAP Annual Certi?ed Parameter List. Taru Upadhyay, Technical Director. Bureau oi Laboratories