A Pennsylvania Environmental Hearing Board judge has scheduled a settlement conference Friday in the case to determine if Erie Coke can remain open.

The Pennsylvania Environmental Hearing Board last month held a hearing on the matter after the state Department of Environmental Protection denied the company's request to renew its operating permit.

Lawyers did not issue closing arguments. They instead filed briefs due Aug. 7.

Erie Coke Corporation filed its petition to add the additional evidence on the due date. The company claimed the documents would show the company's desire to achieve compliance.

In its response, the DEP said admitting the evidence without a cross-examination would be prejudiced toward the company.

The judge later denied Erie Coke's request.

Erie News Now learned Erie Coke on July 5 offered to pay $3.1 million to begin fixing the facility and set aside $1 million in escrow. The DEP turned down the offer with the agency citing it feels Erie Coke would still not be in compliance with its operating permit.

The DEP denied Erie Coke's application to renew its operating permit and filed the injunction July 1. Erie Coke filed an appeal challenging the DEP's decision to not renew its operating permit.

The plant was nearly shut down in 2010, but a court-ordered settlement was reached, the DEP said. It was required to make certain repairs to its coke ovens, but some have been in use without being rebuilt. Erie Coke also paid a $4 million fine.