January 12, 2009
OSM finds fault with W.Va. coal dam enforcement
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CHARLESTON, W.Va. - Federal investigators have identified serious deficiencies in West Virginia's effort to ensure coal slurry impoundments do not break into nearby underground mines.

Department of Environmental Protection officials do not properly apply "safety zone" rules for impoundments built on top of underground mine workings, according to the report by the federal Office of Surface Mining, Reclamation and Enforcement.

Related story: W.Va. seldom inspects coal-ash dams

OSM investigators found DEP officials did not require proper drilling to identify nearby mine workings at two of three impoundments examined for the study.

OSM also found DEP approved one Massey impoundment in Logan County, despite the serious concerns raised by the state agency's own permit review engineer.

"There is no way an impoundment in this area can satisfy the laws with regard to the dimensional requirements for safety zones," the DEP engineer wrote, according to OSM's report.

The OSM report comes as regulators and environmentalists around the coalfields are focused on the potential dangers of impoundments utility companies use to dispose of coal-fired power plant ash. In late December, a coal-ash dump in Eastern Tennessee failed, sending more than 1 billion gallons of wet coal ash pouring onto 300 acres of nearby homes, fields and streams.

Roger Calhoun, director of OSM's Charleston field office, said Friday his staff has so far been unable to resolve the problems raised by its review of DEP coal-waste impoundment enforcement.

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Posted By: hollergal (8:51am 01-13-2009)
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Well surprise, surprise . Who is surprised that the coal is getting by with murder here in West Virginia, and in Appalachia? We all need to stand up against this outlaw industry. They can go to the dry press method but it would take a few $ out of the coal company CEO's pockets- like the "evil one". I am all for responsible mining but strip mining and sludge dams are NOT responsible.

Posted By: biscuits (12:32am 01-12-2009)
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This is crazy. Regardless of the TN Ash Dam, which should make us re-evaluate the storage of toxic waste everywhere, didn't we learn anything from Buffalo Creek or Martin County KY?

Why must laws be written in our blood? Why can't we have decent, ethical law enforcement without people dying and being poisoned first? Living in WV is like watching a train wreck--any idiot with two eyes to see could tell you that we are headed for disaster, but we continue on anyway.

Posted By: yogipsk (9:42am 01-12-2009)
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These are apples and oranges, a coal slurry impoundment is covered by the SMCRA laws of coal mining, the fly ash pond in Tennessee and ones like it in WV are not covered by SMCRA. The DEP can only do what the law says, don't like it, get the legislature to change the law. This isn't the first time an engineer has been overruled.

Posted By: jkotcon (6:44am 01-12-2009)
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WOW. The National Academy of Sciences says "find alternatives". Instead, the OSM studies the status quo for seven years, finds serious problems(like we did not know this already), DEP takes five months to "review" the report, and all they will do is "study" it some more while they keep issuing permits. Looks like it will take another big accident before we actually learn anything. Oops, too late, there was another big impoundment spill in Tennessee last month. And still no action. What is wrong with this picture? How about we at least put a moratorium on new permits until we learn how to do it right?

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