CONSOL Settles for $5.5 Million

Plus treatment plant for allegedly polluting local waterways

Morgantown Dominion Post
16 June 2011
By Alex Lang

A federal judge has accepted the terms of a multimillion-dollar settlement between CONSOL and various government agencies regarding its alleged pollution of local waterways.

The company has 30 days to pay a $5.5 million civil fine, said Department of Justice spokesman Wyn Hornbuckle.

U.S. District Judge for the Northern District of West Virginia Frederick Stamp signed off on the agreement Wednesday.

In March, a settlement between CONSOL and the government agencies was announced. CONSOL was accused of violating the Clean Water Act and the West Virginia Water Pollution Control Act by discharging mine water into local waterways. One of the impacted streams was Dunkard Creek, where a massive fish kill occurred in 2009.

In the settlement, CONSOL agreed to a $5.5 million civil penalty and to various measures, including the construction of a water-treatment facility, so it would be in compliance.

CONSOL spokeswoman Laural Ziemba did not respond to questions in time for this report asking if there would be any problem in making the payment.

There was a 30-day public comment period on the settlement during which four people submitted opinions. Two people expressed concern that there was no reimbursement for property owners and anglers who use the creek.

“An endowment fund for Dunkard Creek using only the interest to stock adult game fish would insure a viable sportsfishery in this stream, which otherwise will take years to recover, if it recovers at all,” Cam Lemley wrote.

In response, Lead Environmental Scientist for the Environmental Protection Agency (EPA) Region 3 Chad Harsh wrote that settlement requires $500,000 to be deposited in the Natural Resources Game and Aquatic Life Fund. The fund is used to stock fish across the state. If feasible, the funds will be used to restock the affected waterway.

The settlement was reached after “intense negotiations,” Harsh wrote. In addition to the parties involved, the Sierra Club and the West Virginia Highlands Conservancy participated in the negotiations.

As part of the settlement, CONSOL will build a $200 million facility to treat its mine water. Any treated water will not be discharged into Dunkard Creek, Harsh wrote.

After reviewing the comments, the EPA found the settlement to be fair and reasonable, and it includes the appropriate civil penalty, Harsh wrote.