Skip to content

Resolution of Coal Companies' Multiple Infractions Addresses Over 100 Violations

Major coal company and its affiliates settle Clean Water Act infractions in five states, mandating operational improvements and continued steps for future adherence.

Settlement Resolves Coal Businesses' Regulatory Infractions for Hundreds
Settlement Resolves Coal Businesses' Regulatory Infractions for Hundreds

Resolution of Coal Companies' Multiple Infractions Addresses Over 100 Violations

In a significant move for environmental protection, Arch Coal Inc. and 14 of its subsidiaries, operating under International Coal Group Inc., have agreed to a settlement with the Environmental Protection Agency (EPA), the Department of Justice (DOJ), and the U.S. government. The settlement, which was lodged in the U.S. District Court for the Southern District of West Virginia on Aug. 6, 2015, aims to ensure compliance with the Clean Water Act and prevent future violations at the companies' coal mines in Kentucky, Pennsylvania, Maryland, Virginia, and West Virginia.

The settlement resolves hundreds of Clean Water Act violations related to illegal discharges of pollutants at the companies' mining operations. EPA Regional Administrator Shawn M. Garvin stated that the settlement is good news for water quality in the Appalachian region and for the people living in overburdened and underserved communities.

As part of the settlement, the companies are required to implement a comprehensive compliance management system, conduct internal and third-party environmental compliance audits, maintain a database system to track violations, sampling data, and compliance efforts, provide training for environmental managers, and pay escalating stipulated penalties if violations continue to occur.

The EPA discovered the violations through inspections of the companies' facilities and projects, reviewing information provided by the companies, and coordinating with the affected state governments. The companies will pay a $2 million civil penalty and implement measures to ensure compliance and prevent future Clean Water Act violations.

The settlement also includes a government complaint alleging that the companies' operations violated discharge limits for aluminum, manganese, iron, and total suspended solids in their state-issued National Pollution Discharge Elimination System permits on more than 1,200 occasions over the past six years, resulting in over 8,900 days of violations. Of those violations, 700 had been previously resolved by state enforcement actions in Kentucky and West Virginia.

The states of West Virginia, Virginia, and Pennsylvania were co-plaintiffs in the settlement. For additional information, contact Chad Harsh, NPDES Enforcement Branch, U.S. Water Protection Division, Philadelphia, PA.

Such settlements generally require coal companies to undertake significant environmental remediation and operational upgrades to prevent water pollution by controlling runoff, sediment, and discharges from mining sites to comply with Clean Water Act requirements. These upgrades often involve upgrading water treatment facilities, implementing improved sediment and erosion controls, enhancing monitoring and reporting requirements, potential penalties or fines, and a commitment to sustainable mining practices to reduce water contamination.

For precise details about the Arch Coal and EPA Region 3 settlement, including the nature and scope of comprehensive upgrades mandated, it is advisable to consult official EPA press releases, legal filings, or environmental enforcement databases. If you would like, I can help draft a search to find that specific information or monitor for new updates. This settlement represents an important step forward by requiring these companies to take necessary actions to reduce pollution from their mining operations.

  1. The settlement requires Arch Coal and its subsidiaries to implement a comprehensive compliance management system to ensure future adherence to the Clean Water Act at their coal mines.
  2. In addition to the $2 million civil penalty, the companies will invest in measures to prevent Clean Water Act violations, including improvements to water treatment facilities and sediment controls.
  3. The EPA discovered hundreds of Clean Water Act violations at the companies' mining operations through inspections, data reviews, and state collaboration, leading to the settlement.
  4. The settlement includes a government complaint alleging violations of discharge limits for pollutants like aluminum, manganese, and iron, resulting in over 8,900 days of violations.
  5. Such settlements often involve stricter environmental regulations, monitoring requirements, and potential penalties to ensure the protection of water quality, especially in overburdened and underserved communities.

Read also:

    Latest