Posts Tagged ‘Water Pollution’

Student Influences State Reptile Selection and other shorts

Friday, April 15th, 2016 - posted by molly

Middle School Student Influences State Reptile Selection

Thanks to the help of 11-year-old Aiden Coleman, Virginia’s official state reptile may soon be the eastern garter snake. The snake, though fearful and notoriously smelly, is harmless to humans and known to be excellent at pest control. Coleman believes these factors, among others, make it deserving of the state title. After he detailed this to State Delegate Brenda L. Pogge, she drafted a bill to honor the snake. The bill slithered its way through the general assembly with minimal opposition and was approved at the end of February. A decision from Gov. Terry McAuliffe will finalize the designation. — Dylan Turner

17-year Cicada Brood to Emerge This Spring

After 17 years of moving through five different stages of subterranean growth, this spring cicadas’ wings will sing across a swath of eastern Ohio and northern West Virginia, according to the Charleston Gazette. Scientists expect that around mid-May, when the soil is warm enough and sufficient rain has fallen, a mass emergence of the locust-like insects will occur. Severe weather and changes to the landscape, among other factors, influence how many will emerge. When these cicadas last flew, in 1999, the U.S. Department of Agriculture described the 17-year brood as the largest that occurs in either state. — Eliza Laubach

Tennessee National Forest May Be Designated Wilderness

For the fourth time in the past eight years, Congress has the chance to increase conservation protections for land in east Tennessee to the highest level. Rep. Phil Roe (R-TN) and Sen. Lamar Alexander (R-TN) introduced legislation in February to designate more than 7,000 acres of Cherokee National Forest as wilderness. Big Laurel Branch and Sampson Mountain wilderness areas would also be expanded in some areas along the Appalachian Trail corridor. This proposal includes far less acreage than past unsuccessful proposals in the Senate, but it still garners substantial local support. — Eliza Laubach

One-third of Southeastern Streams Contain Algal Toxin

In a study of 75 streams across the Southeast, the U.S. Geological Survey found that nearly 40 percent of the streams tested contained a toxin called microcystin. The toxin is produced by algae, and in high concentrations can cause “nausea, dermatitis and, in severe cases, liver failure,” the report stated.

While no areas tested contained high levels of the toxin, further research is needed to assess possible risks to drinking water and aquatic ecosystems. — Elizabeth E. Payne

Appalachian Trail Interns Wanted

Appalachian Trail Conservation Leadership Corps, formed by a partnership between The Appalachian Trail Conservancy and the CAN’d Aid Foundation, offers 10-week paid internships for 18 to 25 year-olds to experience leadership and gain outdoor management skills from May to June.

Focusing on various skills including trail crew operations, invasive species control, visitor management, conservation leadership and more, these internships aim to prepare participants to work in outdoor conversation programs. For more information, visit
—Charlotte Wray

Connect to Sustainable Living at Whippoorwill Fest

Have you ever wanted to learn how to start a fire by friction? Or how to make bark into a basket? You can learn these skills and more at the sixth annual Whippoorwill Festival in eastern Kentucky this July.

The festival’s goal is to promote sustainable living through sharing and practicing earth-based skills. The event also seeks to preserve ways of life that have fallen out of practice since modernity and manufacturing have changed the way humans interact with nature. At Whippoorwill, in addition to onsite camping, people can participate in workshops on medicinal plants, birds, sustainable agriculture and survival skills. The gathering also honors Appalachian culture with a workshop on ballads and by offering nightly entertainment from regional musicians and jam sessions around the fire. — Eliza Laubach

When: July 7-10
Where: Lago Linda Hideaway in Beattyville, Ky.
Cost: $35 – $125

Response to Spill Leads to Action Against Coal Polluter

Friday, April 15th, 2016 - posted by molly
Acid mine drainage from a coal mine flooded into Pine Creek in eastern Kentucky, killing wildlife and raising concerns over drinking water safety. Photo by Tarence Ray

Acid mine drainage from a coal mine flooded into Pine Creek in eastern Kentucky, killing wildlife and raising concerns over drinking water safety. Photo by Tarence Ray

Pine Creek in Letcher County, Ky., is a small creek that flows through a hollow off Pine Mountain and into the North Fork of the Kentucky River. The point where Pine Creek and the Kentucky River meet is about five miles upstream of the municipal drinking water intake that serves Whitesburg, Ky., and the surrounding county.

When an auger mine operator drilled into an old underground mine at the head of Pine Creek on March 18, releasing a flood of acidic, orange-colored water into the creek, residents were concerned about the proximity of Pine Creek to the water intake. Our Appalachian Water Watch team was contacted by some of these concerned citizens, and was able to document the spill as it occurred in real-time. Photos of dead fish and turtles were posted to Facebook and Twitter, where they quickly went viral.

Due to public pressure from social media and citizens filing complaints, the state of Kentucky acted to control the spill, and filed three violations against the company, Hardshell Tipples. The state initially denied that the mine waste killed any wildlife, but eventually reversed its findings and issued an additional violation to the company. The state also compelled the company to commit to a fish-restocking plan for Pine Creek — a huge victory for water advocates and a sign that the state is aware of the public’s concern.

While water and fish tissue samples are still being processed, the quick response of our team pushed the state to action and prevented the mine waste from affecting the county’s municipal water system. Unfortunately, this is yet another example of the costs that communities near coal mines have to pay in terms of ecological, personal and financial health.

Read more about what happened on Pine Creek on our Front Porch Blog.

Another step toward clean water in Southwest Virginia

Thursday, April 14th, 2016 - posted by Erin
Photo by Southern Appalachian Mountain Stewards

Photo by Southern Appalachian Mountain Stewards

Appalachian Voices, Southern Appalachian Mountain Stewards (SAMS) and the Sierra Club recently lodged a settlement addressing several sources of water pollution in Southwest Virginia. The settlement must still be approved by the U.S. District Court for the Western District of Virginia. If approved, several sources of the toxic pollutant selenium in Wise County, Va., will be cleaned up and the city of Norton, Va., will be one big step closer to cleaning up an abandoned coal-loading facility.

The Case

In 2014, SAMS, the Sierra Club and Appalachian Voices, represented by Appalachian Mountain Advocates, filed a legal action against Penn Virginia for violations of the Clean Water Act. In response to our allegations, Penn Virginia filed claims against A&G Coal Corp., a Jim Justice-owned company, claiming the company was responsible for at least some the pollution. A&G operates a mine neighboring the Penn Virginia land identified in the case.

The violations included unlawful discharge of the toxic pollutant selenium into several tributaries of Callahan Creek. The violations were discovered by SAMS through a review of records submitted by A&G Coal to state regulators in Virginia. The reports showed discharges of selenium and sulfate. Both pollutants are harmful to aquatic life. Selenium can be particularly harmful, resulting in fish deformities and reproductive failure.

A two-headed trout deformed from exposure to selenium

The Settlement

If approved, the settlement will resolve this case and results in several important water quality improvements in Southwest Virginia. Under the settlement terms, A&G Coal will treat three seeps currently discharging selenium into the Kelly Branch tributary of Callahan Creek. The settlement also requires the companies to provide $35,000 for the initial cleanup assessment of a nearby abandoned coal processing site in Norton known as Tipple Hill. Once the site has been restored, it could be included in the Norton Guest River Walk project. The Tipple Hill project is supported by the City of Norton, the Virginia Department of Mines, Minerals and Energy, the Virginia Department of Environmental Quality and the Upper Tennessee River Roundtable.

Moving Forward

This settlement offers our organizations a unique opportunity to resolve pollution from both an active mine and from legacy mining on land owned by a large landholding company. Large swaths of land in Southwest Virginia are owned by companies like Penn Virginia that lease land to timber, coal and gas companies for resource extraction. These landholding companies often escape liability when problems arise from the activities on the land.

Several mechanisms exist for addressing water pollution and other problems associated with coal mining. On active mines, including those undergoing reclamation, the coal company is responsible for monitoring conditions and addressing problems that arise. The state oversees this monitoring to make sure the law is enforced, but a lot of problems still occur.

Problems arising from mines that were closed prior to passage of the Surface Mine Control and Reclamation Act (SMCRA) are eligible for federal Abandoned Mine Land (AML) funding. There is a fairly large amount of money available through the AML reclamation fund, but not enough to cover every problem left over from these pre-SMCRA mines. Mines permitted after the passage of SMCRA include bonds to cover the cost of reclamation should the company fall into bankruptcy. Unfortunately, in many instances, bonding has proved insufficient for proper reclamation, especially as many coal companies go bankrupt in close succession.

In many cases, it is difficult to determine exactly how water pollution arose. Many areas around Central Appalachia have been mined underground, surface mined prior to SMCRA, and surface mined after SMCRA. Add gas well drilling to that mix, and it becomes very difficult to pinpoint the individual companies responsible. Many people, including all of us at Appalachian Voices, primarily want to see water problems cleaned up, regardless of who’s responsible. But with limited resources for cleanup, identifying liability can be a critical part of addressing the sources of water pollution.

Moving forward, we’re going to have to identify multiple resources – funding, expertise, and local knowledge – to help us restore Central Appalachia.

Stay informed by subscribing to the Front Porch Blog.

What happened on Pine Creek?

Tuesday, April 12th, 2016 - posted by tarence

Another example of the costs that communities near coal mines pay in ecological, economic and human health.

With support from local residents, the Appalachian Water Watch is responding to coal pollution events like the recent spill along Pine Creek in Letcher County, Ky.

With support from local residents, the Appalachian Water Watch is responding to coal pollution events like the recent spill along Pine Creek in Letcher County, Ky. Photos by Tarence Ray

A lot of folks have had questions about the recent mine blowout on Pine Creek, in Letcher County, Ky. So we’ve put together an explainer that runs through the facts, the science and the regulatory protocols behind spills like this.

Where is Pine Creek?

Pine Creek is a small creek that flows off Pine Mountain and into the North Fork of the Kentucky River. The point where Pine Creek and the Kentucky River meet is roughly five miles upstream of the municipal drinking water intake that serves Whitesburg, Ky., and the surrounding county.

So what happened?

On Friday, March 18, an auger mine company, Hardshell Tipples, was mining at the head of Pine Creek when they inadvertently drilled into an old underground mine. Water had stored up in the mine over time, slowly increasing in acidity and iron content creating what is called “acid mine drainage.” This water rushed out into a sediment pond when the mine was breached by the auger drill, and the pond overflowed into the creek.

What is acid mine drainage?

Acid mine drainage occurs when water flows over or leaches through minerals and materials with high sulfur content. Many times, as in the case at Pine Creek, the minerals exposed to water contain iron pyrite, also known as “fool’s gold.” The result is orange-colored water, which stains rocks and river beds. Acid mine drainage also very likely contains other metals, such as manganese. (The polluted water/mine drainage that spilled into Pine Creek contained manganese, and we’ll get to those test results momentarily). As is indicated by its name, acid mine drainage is also highly acidic — so don’t touch it.

But if all these things are found in nature, isn’t this simply a natural occurrence?

All of the ingredients for making acid mine drainage are naturally occurring, that much is correct. But what is not natural is the excavation of these minerals and their exposure to air and water. Ask yourself: is there anything natural about a stream that is unable to support wildlife?

In the case of Pine Creek, water had stored up in the old underground mine over time, slowly gaining acidity and various metals. These mountains are porous; therefore water got into the mine in the first place through years and years of rain. When the iron pyrite in the mine was exposed to oxygen in the water (you know, the “O” in H2O), it created a highly acidic substance that was harmful for aquatic life. When the mine was breached, this highly acidic substance got into the creek, and was indeed very harmful to aquatic life.

A dead turtle on the banks of Pine Creek after the spill.

A dead turtle on the banks of Pine Creek after the spill.

Got it. So back to what happened. What happened?

Our Appalachian Water Watch team was contacted by a concerned citizen who lives on Pine Creek, and we were able to document the spill as it occurred in real-time. Photos of dead fish and turtles were posted and shared by hundreds of people on Facebook and Twitter. We also spoke to residents on the creek who had been trying to catch minnows that morning. Instead, they had a net full of dead fish.

Officials at the Kentucky Department of Environmental Protection initially denied that the spill was responsible for killing wildlife. However, due to public pressure from social media and citizens filing complaints, state officials reversed their findings and determined that over 700 fish were killed as a result of the spill.

The state eventually issued four violations against Hardshell Tipples, and compelled the company to commit to a fish-restocking plan for Pine Creek — a huge victory for clean water advocates and a sign that the state is aware of the public’s concern about how state agencies respond to spills like this.

Was this preventable?

Samples taken on the day after the spill show massive amounts of iron and manganese in the water. State documents obtained by Appalachian Voices and the Appalachian Citizens’ Law Center show that Hardshell Tipples had been issued multiple violations in the past for discharging high amounts of iron from its permit. However, these violations were considerably lower than the most recent Pine Creek spill, and the pictures show it.

It’s established fact that Hardshell Tipples has been reckless in the past with what it choose to discharge off of the permit. But state documents reveal that the company was also issued a citation in 2002 for failing to submit comprehensive underground mine maps to the state. It might be impossible to determine whether this documented negligence had anything to do with the recent mine blowout; however, it’s safe to say that the company has been a consistently careless operator in a watershed that is both ecologically and aesthetically important to eastern Kentucky.

The mine blowout on Pine Creek was clearly preventable. However, this is not to imply that all incidents of acid mine drainage are preventable. The majority of acid mine drainage problems in Letcher County, for example, are from mining that occurred decades ago, and persist to this day. These legacy problems will likely exist for many more decades, unless action is taken by state and federal government agencies.

The main point is that the Pine Creek spill is yet another example of the costs that communities near coal mines have to pay for in terms of ecological, economic and human health.

What do I do if this happens to my creek?

In this case, the quick response of nearby citizens and our team pushed the state to action and prevented the mine waste from affecting Letcher County’s municipal water system. However, in other instances, communities may not be aware of the problem for days, or they may be unable to contact their proper state agencies — especially if the problem begins on a weekend.

In any case, there are several things you can do to get the state to respond:

1. Take photos. Put your photos on social media, and make sure you tag the respective state or federal agencies in your post. Pictures of dead wildlife are especially useful, as they paint a more comprehensive portrait of the affected stream.

You can also send the photos to us through the Appalachian Water Watch Facebook page. If you don’t use social media, make sure you hang on to the photos, and call us immediately at 1-855-7WATERS.

2. Take notes. Make sure you note the date, time, location and any other characteristics of the affected stream. This includes changes in water color, consistency and/or smell. Don’t touch the water unless you’re taking a sample, in which case you should wear gloves.

3. Take a sample. Contact us and we can likely sample the spill within a few hours. If nothing else, purchase a plastic water bottle from your nearby grocery, empty it out, fill it with the contaminated water, and store it on ice until it can be tested. Be sure to wear latex gloves when you grab a sample. The water is likely highly acidic, and could burn your skin. Also, be careful — don’t risk a broken ankle or worse by wading into a fast moving stream just to get a sample. Pictures and notes are often the best course of action.

DEQ’s “Do Not Drink” reversal elevates coal ash concerns

Tuesday, March 8th, 2016 - posted by brian

Residents are right to be skeptical of the state’s sudden claims that their water has been safe all along.

Update 3/17: After continuous news coverage of the decision to lift “Do Not Drink” warnings, citizens have still not received an adequate explanation from state officials. In-depth posts like this one from the journalist behind Coal Ash Chronicles, Rhiannon Fionn, and this one, from Clean Water for North Carolina explain why the sudden decision is so troubling. Another cause for concern came this week when the N.C. Coal Ash Commission, which was created to promote transparency and restore the public’s confidence in regulatory decisions, was abruptly disbanded.

Take Action: There’s still time for residents of North Carolina to attend a coal ash hearing or submit written comments.

Duke Energy and the N.C. Department of Environmental Quality are controlling the narrative of coal ash cleanup and writing off the complaints of citizens most impacted by coal ash pollution. Help us hold them accountable.

Duke Energy and the N.C. Department of Environmental Quality are controlling the narrative of coal ash cleanup and writing off the complaints of citizens most impacted by coal ash pollution. Help us hold them accountable.

North Carolina officials owe residents and local officials in Lee County an apology, and they owe every North Carolinian an explanation.

Over the past month, the N.C. Department of Environmental Quality and N.C. Department of Health and Human Services have walked back their own recommendation that families in Lee County not drink or cook using water from wells with carcinogens that exceed their own standards.

The water is now safe, they say, and it always has been.

Last November, private wells within a half-mile of open-pit clay mines in the county were tested to collect baseline data. Duke Energy plans to move more than 7 million tons of coal ash from sites in Lumberton and Goldsboro and dispose of it in the abandoned Lee County clay mines.

The results from every well tested showed elevated levels of the carcinogen hexavalent chromium, vanadium or both. So, as they have for hundreds of citizens living near active coal ash ponds across the state, officials made sure affected families in Lee County received the message.

Residents took steps to protect themselves and their children; they bought bottled water, installed filters, and avoided the tap while waiting for further instructions. They did what the experts said to do.

Learn the Truth About Coal Ash.

Imagine their confusion now that those “do not drink” letters have been rescinded. Curious to learn what changed, residents packed a Lee County commissioner’s meeting on Monday where DEQ Assistant Secretary Tom Reeder and Dr. Randall Williams, the state health director, provided their side of the story but failed to fully address the problem or accept any fault.

Given the opportunity for a public mea culpa, Reeder used misdirection and pointed to levels of the same contaminants in municipal water supplies across the state. Williams told commissioners the standards his department set were “exceedingly cautious.” They’re also apparently irrelevant.

Without actually changing the standards, this decision allows the state to lift “do not drink” warnings issued to hundreds of residents living near coal ash ponds. Many of their wells tested at much higher levels for hexavalent chromium and vanadium than those in Lee County. Meanwhile, the DEQ is hosting hearings across the state this month, where data collected from private wells near coal ash ponds will be used to help determine the risk classifications and closure timelines for those sites.

READ MORE: State reversal on hexavalent chromium in well water an outrage

“There’s going to be hell to pay for somebody at the end of the day who has to explain to people why it was too dangerous to drink two days ago, but today it’s fine,” Appalachian Voices’ Amy Adams told WRAL. “You didn’t fix the problem. You lowered the number.”

While top officials at the N.C. Department of Environmental Quality have repeatedly shown themselves to be clumsy when it comes to public statements, they always stress that they rely on the facts. But the situation in Lee County, and in other communities grappling with the threat of coal ash, shows the agency’s split-personality and an apparent disagreement on which facts matter and which can be ignored.

“As far as the state of North Carolina is concerned, they can drink their water,” Williams told Lee County commissioners on Monday.

But residents are skeptical of the state’s sudden claims that the water has been safe all along. Debra Baker, a resident of Belmont, N.C., was told nearly a year ago that her water was unsafe to drink due to elevated levels of vanadium and hexavalent chromium.

Baker lives next to Duke Energy’s G.G. Allen Plant. When officials tested her well water, the results showed vanadium at 40 times the state’s standard and hexavalent chromium at 13 times the standard. According to Baker:

“I absolutely do not feel safe. [Dr. Kenneth Rudo], the state toxicologist has personally called me and told me not to drink my water. My well is surrounded by the ash, so no I don’t feel that it’s suddenly alright to drink my water just because DEQ and DHHS are suddenly rescinding their do not drink orders. This makes me very afraid for my son and myself. I feel like this decision is just another slap in the face from regulators who are supposed to be protecting us.”

Sign up to attend a coal ash hearing or submit a comment.

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Cleanup Plans for Region’s Coal Ash Cause Concerns

Wednesday, February 17th, 2016 - posted by interns

By Elizabeth E. Payne

On Dec. 31, the North Carolina Department of Environmental Quality released its recommendations for prioritizing the closure of the state’s 33 coal ash impoundments, as required by law. In a draft report made public prior to the announcement, NCDEQ staff determined that nearly all of the containment ponds had a high potential for risk. Despite this, the recommendations released by the agency assigned a reduced risk level to all sites not already identified as high priority.

The prioritization will determine how quickly Duke Energy must close each facility and what standards they must meet when securing the coal ash. In a statement released on Jan. 6, the Alliance of Carolinians Together Against Coal Ash — a coalition of community members directly impacted by the state’s coal ash — criticized the agency’s recommendations (see page 22).

NC DEQ will hold public hearings at each of the 14 sites in March.

On Jan. 29, the N.C. Supreme Court ruled that the appointment of most members of the independent commission tasked with overseeing these closures was unconstitutional. The fate of the commission is unknown.

In Virginia, Dominion Virginia Power is also closing many of its coal ash containment facilities, as required by the U.S. Environmental Protection Agency. On Jan. 14, Dominion was awarded permits to begin draining water from containment ponds at two of its power stations into Quantico Creek, which feeds into the Potomac River and then into the James River. Once drained, Dominion plans to consolidate the coal ash into a single lined pond and seal the toxins in place.

The Southern Environmental Law Center will appeal these permits on behalf of Potomac Riverkeeper Network, claiming that the permits do not require Dominion to adhere to the Clear Water Act or treat the water to remove toxins before dumping it in the rivers.

Similarly, Duke Energy has begun decanting water from the coal ash pond at its Riverbend Steam Station into Mountain Island Lake, a major source of drinking water for the city of Charlotte, N.C.

In other news, roughly half of the three million tons of coal ash at Duke Energy’s power plant in Eden, N.C., is being shipped by rail to a lined landfill in Amelia County, Va. The Eden plant was the source of the spill that dumped 39,000 tons of coal ash into the Dan River on Feb. 2, 2012.

And in Washington, D.C., the U.S. Commission on Civil Rights will hold a hearing on the “civil rights implications of [placing] coal ash disposal facilities near minority and low income communities.”

Editor’s Note: The print version of this article stated that North Carolina had 32 coal ash impoundments. This figure has been corrected to 33, reflecting the additional impoundment at the Roxboro facility announced by the N.C. Department of Environmental Quality on Jan. 13.

Radioactive Sludge Being Removed from Sewage Facility

Wednesday, February 17th, 2016 - posted by interns

Two years after radioactive sludge was discovered, the Department of Energy is still removing it from the city of Oak Ridge’s sewage treatment facility.

The pollution was caused by technetium-99 that entered through pipelines in the sewer system from the demolition project at the federal government’s K-25 uranium-enrichment plant on the Clinch River, according to the Knoxville News Sentinel. The plant was built in 1943 as part of the U.S. government’s Manhattan Project, and at that time was the largest building in the world; it is now the U.S. Department of Energy’s largest demolition project.

Since 2014, containment and cleanup of the treatment facility has been in progress, and about 75,000 gallons of radioactive sludge has been removed from and transferred to a Perma-Fix Environmental treatment facility in Richland, Wash.

The Department of Energy contractor in charge of the cleanup recently told the Knoxville News Sentinel that as removal continues, they will approach the upcoming demolition work at the adjacent K-27 facility with the lessons learned from the K-25 project, taking steps to ensure the radioactive contaminants do not once more reach the town’s sewage treatment plant. — Charlotte Wray

Two-year Anniversary of Charleston Water Crisis

Wednesday, February 17th, 2016 - posted by interns

By Elizabeth E. Payne

On January 9, 2014, 10,000 gallons of a toxic chemical, MCHM, spilled from a Freedom Industries tank into the Elk River near Charleston, W.Va., leaving 300,000 West Virginians without safe drinking water.

Two years later, a report released by Boston Action Research on Jan. 7 found that West Virginia American Water, the company providing water to 40 percent of West Virginians, was not prepared to handle the Freedom Industries spill and “continues to be unprepared for a major spill today.”

The state’s Public Service Commission, which is overseeing the long-stalled investigation into the disaster, released an order on Dec. 31 questioning whether and how it should pursue its inquiry without overlapping with a state Senate bill passed following the spill. Comments filed on Jan. 19 by environmental and business groups urged the investigation to continue.

And on Jan. 8, the American Civil Liberties Union of West Virginia gave notice of its intent to sue the state on behalf of inmates of the South Central Regional Jail. The complaint alleges that inmates did not have access to enough safe drinking water between Jan. 9 and 14, 2014, and that their civil rights were violated during the water crisis.

Fracking Wastewater Leads to Ban in West Virginia County

Wednesday, February 17th, 2016 - posted by interns

By Eliza Laubach

In Fayette County, W.Va., residents speaking up against natural gas drilling wastewater spurred a county-wide ban on the use, storage or disposal of any oil or gas waste.

The county pushed to take control of wastewater injection permits following a controversy with the state regarding a wastewater site, owned by Danny Webb Construction, that had been leaking for more than a decade.

Shortly after the ban unanimously passed in January, oil and gas companies operating in the county claimed the ban infringes upon their rights and filed an injunction, effectively halting the ban until a federal court makes a decision. Two days later, Fayette County residents filed a lawsuit asking the company to stop operating the hazardous site.

To the north, in Ritchie County, residents requested that the West Virginia Department of Environmental Protection test water near a suspicious well, which confirmed leakage.

Historic Clean Water Act Settlement in KY

Tuesday, February 16th, 2016 - posted by interns

Following a five-year legal battle, Appalachian Voices and our partners finalized a historic settlement with Frasure Creek Mining and the Kentucky Energy and Environment Cabinet in December. The settlement resolves years of Clean Water Act violations numbering in the thousands at the company’s surface coal mines in eastern Kentucky. The violations include duplicated water pollution monitoring reports, failure to report pollution, and exceedences of pollution permit limits.

The settlement includes a $6 million fine – the highest ever entered by Kentucky against a coal company for environmental violations. In the settlement, Frasure Creek admits to the violations and agrees to immediately pay $500,000. If the company defaults on payment, it will be liable for the full $6 million fine. In addition, if Frasure Creek, which is currently not mining in the state, or its owners want to resume mining, they must pay $2.75 million before a permit application will be processed.

“This settlement should send a strong signal to the new administration that citizens can and will hold the state accountable for vigorously enforcing laws against polluters to ensure the health of our waters and communities,” said Erin Savage, our Central Appalachian Campaign Coordinator.

The settlement came as the newly elected Bevin administration took office, setting a critical benchmark for new Secretary of Energy and Environment Charles Snavely, who was vice president at International Coal Group when Appalachian Voices and partners discovered similar Clean Water Act violations at that company.