News
July 13, 2008
Mining company to pay $1.48 million selenium fine
Hobet given nearly two more years to end violations

CHARLESTON, W.Va. -- Hobet Mining Inc. will pay a nearly $1.5 million fine to resolve a lawsuit by state regulators over repeated selenium water-quality violations from its sprawling mountaintop removal operations along the Lincoln-Boone county line.

Hobet also will give the West Virginia Department of Environmental Protection $500,000 worth of rocks, perform two studies of selenium impacts, and get credit for $1.5 million in "supplemental environmental protections," for installing selenium treatment systems at its mines.

As part of the deal, DEP officials are giving Hobet nearly two more years to stop those pollution violations.

A national expert on selenium has warned that the pollution is poisoning Mud River fish, leaving some with deformities and pushing the river ecosystem "to the brink of a major toxic event."

DEP Secretary Randy Huffman is fighting a state appeals board ruling that ordered his agency to more closely scrutinize industry efforts to clean up selenium pollution.

However, environmental group lawyers are hoping that federal court lawsuits will stop the industry and the DEP from continuing to delay compliance with West Virginia's water-quality limits for the toxic mineral.

"For six or seven years now, the operators and the DEP have known that the coal industry has a huge problem with selenium," said Joe Lovett, lawyer with the Appalachian Center for the Economy and the Environment. "We have tried to ensure that the state actually enforces the law, but the state is doing everything it can to allow the industry to violate the law."

Selenium, a naturally occurring element found in many rocks and soils, is an antioxidant that is needed in very small amounts for good health. In slightly larger amounts, though, selenium can be toxic. In aquatic life, very small amounts have been found to cause reproductive problems.

In 2003, a broad federal government study of mountaintop removal coal mining found repeated violations of water-quality limits for selenium in water downstream from mining operations.

Coal industry lobbyists have tried - so far unsuccessfully - to persuade lawmakers and the DEP to relax West Virginia's selenium limits. In 2004 and again in 2007, the DEP moved instead to give dozens of coal operations extensions of time to fix their selenium violations.

The selenium problems also have prompted a variety of legal actions, including administrative appeals, state court complaints and federal court lawsuits.

Last month, the state Environmental Quality Board mostly upheld the DEP's actions, but board members also criticized the agency for giving coal companies blanket compliance extensions.

The DEP has appealed the board ruling to Kanawha Circuit Court. A hearing is scheduled for Friday before Judge Duke Bloom.

Meanwhile, environmental groups filed federal lawsuits against Hobet and a sister company, Apogee Coal. Those lawsuits seek federal court orders that require the companies to halt their selenium violations.

After the West Virginia Highlands Conservancy and the Ohio Valley Environmental Coalition began their citizen enforcement actions, the DEP decided to file its own lawsuit against Hobet in Boone Circuit Court.

Under the law, if state regulators are diligently pursuing their own case, environmental groups can't file citizen lawsuits.

Earlier this month, the DEP reached a proposed settlement with Hobet to resolve the agency's circuit court lawsuit over the company's selenium violations.

The settlement includes an initial payment of $500,000 in fines, and then 10 monthly payments of just less than $99,000 - for a total of $1.48 million in fines.

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Posted By: J (8:37pm 07-13-2008)
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Fine them - into submission. Make sure the cost is so great, that it does not happen again.

It's cheaper for these companies to break the rules because the punishments are so light. Rather than a set fine amount, the fine should be a percentage of the company's income.

Posted By: bantum (5:55pm 07-13-2008)
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If the mining company cannot follow regulations, it should be shut down. The country needs coal and the state needs jobs, but there is a limit on destroying the land in WV. When the CEOs of mining companies are on their yachts in Mediteranean harbors, they don't notice the WV moonscape and the dead fish in WV rivers.

Posted By: Rock Head (1:19pm 07-13-2008)
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mmm - and why is it we have to add rocks to the streams to increase the PH value? Who benefits from this?

Posted By: native (9:37am 07-13-2008)
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If you think they are getting their money back, then you misunderstood the story. They pay a cash fine, then then they have to pay an additional $2.6 mil on projects to find out what works best to get selenium out of the water. And the rocks are used all over the state in stream restoration projects. They are ground down and the fines from the rocks are added to streams to increase the pH value. The state would have to pay for the rocks otherwise.

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