Energy Report

WV Coal Lab Penalty Upheld

Date: April 8, 2015

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The West Virginia Environmental Quality Board upheld a decision by the state Department of Environmental Protection to revoke the certification of Appalachian Laboratories Inc., where employees routinely conspired to violate the federal Clean Water Act.

The Beckley-based water-testing lab had previously appealed the revocation of its state certificate to conduct water testing services for coal companies and other industrial customers, arguing the actions of one employee should not disrupt its entire business. But during the Feb. 25 sentencing hearing of lab employee John Shelton — who will spend 21 months in prison for falsifying water samples — a U.S. judge said, “essentially everyone at the company… participated in some way in this conspiracy.”

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