DEP Revokes Certificates, Explosives Purchasing Permit for RD Coal Mine Officials

HARRISBURG – The Department of Environmental Protection has taken further action against R&D Coal Company and three mine officials employed by the company following an investigation into methane explosions in 2004 and 2006 at the Buck Mountain Slope Mine in Tremont Township, Schuylkill County.
The 2004 explosion injured four miners – two seriously – and the 2006 explosion resulted in the death of miner Dale Reightler, 43, of Donaldson, Frailey Township.

Final reports on the investigations into both explosions were issued by the department on Jan. 26, 2006, and charged mine officials with covering up the cause and nature of the 2004 explosion, as well as violating a number of provisions of Pennsylvania’s Anthracite Coal Mine Act in both incidents.

“Mining is dangerous, but mines do not need to be unsafe,” Deputy Secretary for Mineral Resources Management J. Scott Roberts said. “The majority of Pennsylvania’s underground mines operate under established safety guidelines, and the commitment to safety begins with the people who are responsible for the operation of the mine. In this case, the operator and officials at the Buck Mountain Slope Mine have proven to be unable to operate this mine in compliance with Pennsylvania’s mine safety laws.”

The department has filed a complaint with the state Environmental Hearing Board to permanently revoke the “mine officials” certifications of the three mine officials who were on duty at the time of the accident. Those individuals are: 

– David P. Zimmerman – assistant mine foreman – also operator & partner in R&D Coal Company which holds the mining permit for the Buck Mountain Slope Mine; 

– David S. Himmelberger – mine foreman – also mine superintendent responsible for hiring miners, mine officials and laborers, and general supervision of the mine; and 

– Steven D. Zimmerman – mine foreman

The revocations mean the three are no longer able to serve in an official capacity at any mine in Pennsylvania but will retain their state miner certification and can continue to work as miners.

The department complaint states the three men violated several provisions of the Anthracite Coal Mine Act including: 

– Employing miners who did not possess state miner certification; 

– Allowing uncertified miners to conduct blasting operations; 

– Failing to conduct proper pre-shift examinations of the mine; 

– Failing to conduct pre-blast methane monitoring; 

– Allowing mining far in advance of the last open cross-cut or air current; and 

– Using improper blasting procedures that allowed methane to be ignited.

The department also filed an administrative order revoking R&D Coal Company’s permit to purchase explosives, citing the same violations.

Under state law, all miners must have two years of practical underground mining experience and must pass a written test to become certified. Mine officials – foremen, assistant foremen and examiners – must have five years of experience and must pass a written test.

The Bureau of Mine Safety closed the Buck Mountain Slope Mine following the Oct. 23, 2006, fatal explosion so state and federal officials could conduct a thorough investigation of the incident. During the course of the investigation, information was uncovered that lead investigators to conclude that the 2004 accident was similar to the 2006 explosion, and that circumstances of the 2004 accident had been misrepresented by mine management.

DEP temporarily suspended the mine officials’ certifications on Dec. 5, 2006, and, on Jan. 26, released the final reports on both accidents, revoked the mining permit for the Buck Mountain Slope Mine, and ordered the company to seal the mine and begin reclamation of the site.

Underground mine inspectors from the Bureau of Mine Safety recently began conducting enhanced inspections of all underground Anthracite mines to help operators and mine officials identify and correct safety problems uncovered during the investigation into the explosions inside the Buck Mountain Slope Mine, with particular focus on explosives use and storage, ventilation and pre-shift examinations.

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