Business
March 14, 2008
Coal companies seek deals with state DEP

West Virginia coal operators have started seeking water pollution settlements with the state Department of Environmental Protection to avoid federal enforcement actions or citizen lawsuits, officials said Thursday.

DEP Secretary Stephanie Timmermeyer this week proposed the first such settlement, a $750,000 deal with nearly a dozen subsidiaries of Alpha Natural Resources.

The settlement - technically separate deals with each Alpha subsidiary - would resolve 300 Clean Water Act violations involving excess discharges of aluminum, solids, iron and other pollutants from strip mines, underground operations and preparation plants, according to the settlement documents.

Bill Raney, president of the West Virginia Coal Association, said he wouldn't be surprised to see more such deals coming soon.

A $20 million fine Massey Energy paid to settle a U.S. Environmental Protection Agency Clean Water Act suit stunned industry officials, Raney said. Companies are also concerned about new citizen suits such as those filed by the Appalachian Center for the Economy and the Environment over selenium violations at several state mines.

"There's a good bit of concern about all of that," Raney said Thursday.

The DEP reached the deal with Alpha Natural Resources after roughly six months of private negotiations with company officials and lawyers.

Randy Huffman, director of the DEP's mining division, refused to say if agency officials are negotiating similar deals with other coal companies.

The 11 Alpha Natural Resources settlements are now subject to 30-day public comment periods that run through various dates in early- and mid-April, according to notices issued earlier this week.

The DEP's deal with Alpha companies also comes as the agency tries to get back on track to review company water pollution reports - something the agency revealed after the Massey suit that it hadn't done for roughly five years.

The proposed settlements state that each Alpha subsidiary "voluntarily conducted an internal self-evaluation" of its water pollution permit compliance.

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