The U.S. Environmental Protection Agency (EPA) and the U.S. Justice Department fined Arch Coal Inc. fined $4 mil. for alleged violations of the Clean Water Act in Virginia, West Virginia, and Kentucky. Under the settlement, Arch Coal will implement changes to its mining operations in Virginia, West Virginia and Kentucky to ensure compliance with the Clean Water Act.
A joint federal-state complaint filed in U.S. District Court in the Southern District of West Virginia by the United States, West Virginia, and Kentucky alleged numerous violations of Arch Coal’s permits that set limits on pollutants to be discharged into streams. The alleged excess discharges of iron, total suspended solids, manganese and other pollutants reflect deficiencies in operation and maintenance of wastewater treatment systems in place at four of the company’s mining facilities: Coal Mac, Inc; Lone Mountain Processing, Inc; Cumberland River Coal Co.; and Mingo Logan Coal Co.
Under the settlement, $2 million of the $4 million civil penalty will be paid to the United States and the remaining $2 million will be divided between West Virginia and Kentucky based on the percentage of alleged violations in each state. The consent decree is subject to a 30-day public comment period and final court approval.
As part of the settlement, Arch Coal has agreed to take measures that will prevent an estimated two million pounds of pollution from entering the nation’s waters each year. Arch will also implement a treatment system to reduce discharges of selenium, a pollutant found in mine discharges. Selenium runoff from mining operations can build up in streams and have an adverse impact on aquatic organisms.
Arch Coal has also agreed to implement a series of inspections, audits and tracking measures to ensure treatment systems are working properly and that future compliance is achieved. The company is also required to develop and implement a compliance management system to help foster a top-down, compliance and prevention-focused approach to Clean Water Act issues.
For more information on this settlement, click here.