By KIRK SWAUGER
SOMERSET — The owner of Quecreek Mine and its engineer are challenging federal fines tied to the 2002 accident that trapped nine miners for more than three days.
Administrative Judge Robert Lesnick heard testimony Tuesday on the opening of what is expected to be a three-day hearing to determine the appropriateness of the fines.
The proceeding will continue today.
“It is the position of PBS Coals Inc. that the two companies through their employees properly followed the law,” PBS Coals said in a statement released by Somerset attorney Vince Barbera.
The federal Mine Safety and Health Administration fined the companies $5,000 each after concluding they could have done more to ensure the safety of miners, who became involved in a dramatic rescue.
A third company, Black Wolf Coal Co., the contractor that employed the miners, agreed to pay a $4,100 fine, attorneys said before Tuesday’s hearing.
Last year, Lesnick upheld federal citations against the three companies. He agreed with MSHA’s findings that the Quecreek Mine flooded because a map detailing previous mining in the area was unavailable.
But Lesnick ruled that maps developed even from outdated information could have proven it was unclear how far the abandoned Saxman mine was from Quecreek’s permitted area.
If the permit map had indicated the Saxman mine’s boundaries were unclear, the Quecreek miners “would most certainly have proceeded with more caution,” Lesnick wrote in his opinion.
He added that relying on an inaccurate map “could lead to disastrous results, as happened here.”
Nine miners were trapped for 77 hours after the Saxman mine was breached, sending millions of gallons of water flooding into Quecreek. Nine others escaped the raging waters.
Dave Lucas, a former Musser Engineering engineer who helped prepare the maps for Quecreek Mine’s permit, testified he relied on the best information he had at the time. Still, he conceded he knew Saxman maps might not be completely accurate.
“If we didn’t use it, we weren’t getting the mining permit,” he said, adding that, in Somerset County, “lots of abandoned mines don’t have final, certified maps.”
An attorney for PBS Coals argued that federal and state mining regulations require all “known” working maps from previous mining to be placed on permitting maps.
