Lawsuit Alleges Water Violations
Washington PA Observer Reporter
31 December 2012
WAYNESBURG – Alpha Natural Resources, the company that owns and
operates the Emerald Mine in Greene County, is being sued in the
United States District Court for the Western District of
Pennsylvania.
Alpha Natural Resources, the company that owns and operates the
Emerald Mine in Greene County, is being sued in the United States
District Court for the Western District of Pennsylvania.
The suit filed by the Center for Coalfield Justice alleges the
company has violated its permit under the Clean Water Act 400
times in the last five years.
The lawsuit comes after CCJ served a 60-day legal notice of its
intent to Alpha Natural Resources, Emerald Mine, the federal
Environmental Protection Agency, and the state Department of
Environmental Protection.
“We extended an offer to Emerald to discuss ways to amicably
resolve this matter during the 60 day (notice) period, but they
chose not to respond,” said Patrick Grenter, Executive Director
for Coalfield Justice. “We cannot and will not sit idly by while
our rivers are continuously polluted. We have waited long enough
for Emerald to stop illegally polluting our rivers and streams and
now these ongoing violations must come to a stop.”
In its complaint, the CJS alleged Emerald exceeded the limitations
for pollutants associated with coal processing, including osmotic
pressure, iron, manganese, aluminum, and total suspended solids,
that are set by the company’s permit under the National Pollutant
Discharge Elimination System.
The complaint states that the discharges from Emerald Mine, which
exceeded the limits set forth by its NPDES permit, ran into
various streams and tributaries of the Monongahela River,
including the south fork of Tenmile Creek, Grimes Run, Frosty Run,
Dyers Fork, Coal Lick Run and Smith Creek. Attached to the
complaint are multiple pages of violations, allegedly reported by
the company for the period in question.
The CCJ made note of a specific waterway, the south fork of
Tenmile Creek, as being designated as a high quality warm water
fishery, which must be able to both maintain and allow for the
propagation of indigenous fish species, flora and fauna.
“According to the Pennsylvania Department of Environmental
Protection’s 2012 draft water quality monitoring report, the south
fork is impaired and not attaining its aquatic life use,” the
complaint alleged. “As an already impaired water body, it is
essential that no further strain from industrial and other
pollutants be placed on the south fork.”
The complaint continues to break down the effects of iron,
aluminum, total suspended solids and other contaminants to aquatic
life. It further detailed some of the adverse reactions humans who
ingest fish or water containing these contaminants might
experience, such as nausea, cramps, diarrhea and headaches.
According to the complaint, from January to September the permit
parameters were exceeded 53 times for osmotic pressure, 18 for
iron, 23 for manganese, 12 for aluminum and 15 for total suspended
solids.
“The illegal discharges listed in this notice include high levels
of heavy metals, which have a detrimental effect on human health
and the environment, including our native fish and birds,” said
Joanne Kilgour, legal director of CCJ. “Emerald must show that
they are capable of responsibly following the terms of their
permits.”
John Poister, spokesman for the Pennsylvania DEP, said the DEP did
not have time to review the complaint yet and it is not the custom
of the DEP to comment on ongoing litigation.