Patriot Coal Fined $6.5M for Damage to West Virginia
Streams
CHARLESTON, West Virginia, February 12, 2009 (ENS)
One of the largest coal mining companies in the United States has agreed
to pay a $6.5 million civil penalty to settle violations of the Clean Water
Act, federal and West Virginia agencies have announced. The consent decree
signed by Patriot Coal includes the third largest penalty ever paid in a
federal Clean Water Act case for discharge permit violations.
In a joint complaint filed with the consent decree, the United States and
the State of West Virginia alleged that Patriot Coal violated its Clean
Water Act permits more than 1,400 times - representing over 22,000 days of
violations between January 2003 and December 2007 at its mining complexes in
West Virginia.
During this time, Patriot and its subsidiaries allegedly discharged excess
amounts of metals, sediment, and other pollutants into dozens of rivers and
streams in West Virginia.
Excess discharges of these pollutants can significantly harm water quality
and aquatic life in West Virginia's streams, said William Wisniewski, acting
Regional Administrator for the U.S. EPA’s mid-Atlantic region.
"This settlement continues to set the bar high for the coal industry and
Clean Water Act enforcement in general. Today's settlement reiterates EPA's
commitment to maintaining clean and healthy waterways," said Wisniewski.
A West Virginia stream polluted by coal mine drainage,
not a Patriot or Magnum property. (Photo courtesy iLoveMountains.org)
In addition, Patriot has agreed to extensive measures designed to ensure
Clean Water Act compliance at its mines in West Virginia. The settlement
includes what Wisniewski calls "innovative and heightened operating
standards" which should serve as a model for the coal mining industry in
Central Appalachia.
As part of the settlement, Patriot Coal has agreed to implement extensive
measures to prevent future violations and to perform environmental projects,
at a total estimated cost of $6 million.
Patriot will develop and implement a company-wide compliance-focused
environmental management system including creating a database to track
information relevant to compliance efforts; conduct regular internal and
third-party environmental compliance audits; implement a system of tiered
response actions for any possible future violations; and conduct annual
training for all employees and contractors with environmental
responsibilities.
The company also will perform five stream restoration projects in local
watersheds and perform assessments of mining impacts on aquatic life.
"Consistent with our corporate mission to be a good steward of the
environment and our philosophy of maintaining a constructive dialogue with
federal and state regulatory authorities, we entered into good faith
negotiations which resulted in this settlement," said Patriot Chief
Executive Officer Richard Whiting.
"We believe the consent decree is a fair and reasonable resolution of issues
relating to former Magnum properties acquired by Patriot in 2008, and serves
the interests of both the public and our stockholders," he said. Patriot
completed the acquisition of Magnum in July 2008.
The consent decree, lodged in the U.S. District Court for the Southern
District of West Virginia, is subject to a 30-day public comment period and
approval by the federal court.
With corporate headquarters in St. Louis, Patriot owns and operates 16
mining complexes in West Virginia and Kentucky.
"This settlement represents a very important step in making sure that the
coal mining industry is in compliance with the Clean Water Act," said John
Cruden, acting assistant attorney general in charge of the Justice
Department's Environment and Natural Resources Division. "It will benefit
the citizens of West Virginia and helps make sure that the Mountain State's
streams and rivers are not damaged."
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