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DEP Citizens Advisory Council OKs Comments On Act 54 Deep Mining Impact Report

At its Tuesday meeting, DEP’s Citizens Advisory Council finalized its comments on DEP’s Act 54 report on the impact of underground coal mining.   Council also heard a presentation on workforce development and succession planning within DEP and made changes to its policy for accepting public comments during its monthly meetings.

Act 54 Report Comments

Among the recommendations made by the CAC in its final comments on DEP’s Act 54 report are--

-- Independent Review Committee: Asks Gov. Wolf to convene by Executive Order an independent, technical committee to study whether a water supply impacted by underground coal mining can be restored to pre-mining conditions in both water quality chemistry and biological characteristics and make recommendations, if appropriate to Act 54 to the General Assembly and Governor.   The CAC notes that 8 of the 55 streams determined to be affected in the previous report (2003-2008) have yet to recover to pre-mining conditions.

-- Disclosure Of Restoration Measures: The CAC recommends Act 54 be amended to direct mine owners to disclose to DEP how water resources impacted by underground mining operations were restored or reclaimed through private landowner agreements.  Without this data, the Commonwealth is not in a position to adequately assess if the intent and purpose of Act 54 are being fulfilled.

-- Presumption Zone Should Be Increased: The 35 degree Rebuttable Presumption Zone, as provided in Section 5.2(c) of Act 54, should be reassessed by DEP through consultation with appropriate technical professionals.  With this recommendation, the CAC notes that 25 percent of mine-liable water supply effects were identified in the most recent Act 54 Report to lie outside the Rebuttable Presumption Zone, including as much as 85 degrees outward and upward from the edge of mining.

-- Eliminate Deadline For Water Restoration: The CAC believes it is appropriate the General Assembly revisit the provisions included in Act 54 that limit a mine operator’s liability to restore or replace a water supply if claims concerning water contamination, diminution or interruption do not occur within 2 years from the time the supply was adversely affected.

-- Evaluation Of Compensation Timeframes: Section 5.1(g) of Act 54 specifies that compensation shall be provided to the landowner if an affected water supply is not restored or reestablished or a permanent alternate source is not provided within three years.  The CAC received comments and testimony from the public that claim resolutions are taking longer than statutorily prescribed, including circumstances where cases have remained unresolved for over 7 to 8 years with an average resolution of three and a half years.   Given these reports, the CAC recommends the General Assembly investigate the resolution timeframes included in Act 54, why those timeframes are not being upheld, and whether those timeframes need to be amended based upon practical and historical experience.

-- DEP Should Be Notified Of Water Supply Issues: Section 5.2 of Act 54 requires a landowner or water user to notify the mine operator when water supply contamination, diminution or interruption has occurred.  The CAC recommends the General Assembly reassess the adequacy of this requirement, including whether it is appropriate that DEP be notified at the same time a mine operator is notified, so that DEP, if necessary, can initiate an independent analysis of impacts on water resources, consistent with its obligations under the Clean Streams Law.   

The CAC recommendation include 19 additional comments on other areas of the underground mining program including, DEP regulations, DEP permitting procedures, DEP resources for the program, particularly for data management systems, DEP policies and DEP public engagement and transparency.

The comments also include a list of 11 questions asked to clarify sections of the Act 54 report.

A copy of the final comments is available online and will be posted on the DEP’s Citizens Advisory Council webpage.  A copy of the Act 54 report covering 2008 to 2013 is also available online.

The Citizens Advisory Council held two public hearings on the Act 54 report to help it develop its recommendations and comments, including one in Washington County.

Bulletin: DCNR: Greene County Lake Dam Damaged By Deep Coal Mining Won’t Be Rebuilt

DEP Workforce/Succession Planning

Jason Swarthout, Director of DEP’s Bureau of Human Resources, provided Council with an overview of DEP’s workforce and steps the agency is taking on succession planning.

Swarthout provided this snapshot of DEP’s workforce: 95 percent of DEP’s positions are civil service, 70 percent are covered by union contracts, 72 percent of positions are in field offices, DEP uses 300 different job classifications.

The average age of a DEP employee is 48 with 15.7 years of experience and for individuals in leadership positions the average age is 53 with 22 years of experience.

Over the next four years 30 percent of DEP’s employees will be eligible for retirement.  About 6 to 8 percent of employees retire each year, although that could accelerate with the adoption of pension reforms.  The average age of a DEP employee retiring is 59.

Swarthout said the agency is providing a variety of tools to agency managers so they can take steps to accommodate retirements by improving core staff skills, identify future managers and by smoothing the process of opening civil service tests in a more timely manner to facilitate filling positions when they become available.

DEP, like other employers, is also adjusting its hiring practices to the expectations of a new generation of potential employers whose expectations are different than those of the baby boomers.

There is more competition for employees to fill open positions because there are fewer eligible graduates of academic programs.  Younger employees, Swarthout said, are also expecting to jump from job to job and not stay with one company or agency for their entire career like baby boomers.

In response to concerns about these and other issues, in particular attracting more minority candidates to fill positions in DEP, the Council formed a new Workforce and Succession Planning Committee to look more closely at these issues.

A copy of Swarthout’s presentation will be posted on the Citizens Advisory Council’s webpage.

Public Comments At CAC Meetings

The Council also adopted changes to its procedures to allow for public comments during each of its monthly meetings.

The CAC sets aside 15 minutes at each of its public meetings for comments from the public on issues they are concerned about.  In several recent meetings, groups of individuals presented similar comments on a specific issue which became more in the nature of a public hearing than the comment period was intended for at meetings.

The Council clarified its procedures to ensure people presenting comments understood the CAC is not a decision making body, it advises DEP on issues of concern to Council members and the public.

Persons interested in presenting comments should notify Council 24 hours before the meeting to they can be assured time to present their comments. Comments should be limited to no more than five minutes, unless prior arrangements have been made.

Groups will be asked to designate a representative to present their views.

To arrange to present comments before Council, contact Michele Tate, CAC Executive Director, by sending email to: mtate@pa.gov or call 717-787-8171.

August Meeting Canceled

The August meeting of the Council has been canceled.  The next meeting is September 15.

For more information, visit DEP’s Citizens Advisory Council webpage.

NewsClips:

DCNR Halts Efforts To Restore Lake At Ryerson Station State Park

DCNR Will Not Rebuild Lake Dam At Ryerson Station State Park

Investor Pushing Changes At Consol Energy

Consol Warns Of Loss From Low Gas, Coal Prices

Op-Ed: Coal Is Losing The War

Related Story:

DCNR: Greene County Lake Dam Damaged By Deep Coal Mining Won’t Be Rebuilt


7/27/2015

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