The Register-Herald, Beckley, West Virginia

Local News

February 21, 2010

Judge rules on Water Act violations

By Courtney D. Clark

A federal judge has ruled in favor of the Sierra Club and the Ansted Historic Preservation Council in a federal Clean Water Act and Surface Mining Control and Reclamation Act enforcement action against Powellton Coal Co.

Powellton Coal has a mining complex in the Jodie/Ansted area.

According to the AHPC, which filed suit with the Sierra Club in November 2008, Powellton has three Clean Water Act permits that govern discharges into the Rich Creek tributary of the Gauley River.

“This is about water ... the quality and the quantity of water,” Katheryne Hoffman, president of the Ansted Historic Preservation Council, told The Register-Herald.

The plaintiffs stated that between March 1, 2006, and March 31, 2009, Powellton Coal accrued at least 6,767 violations of the Clean Water Act and SMCRA as a result of its discharges in the nation’s waters.

On Feb. 3 in Charleston, U.S. District Judge John T. Copenhaver Jr. denied Powellton’s motion for summary judgment.

However, the judge did not give the Preservation Council and Sierra Club a full victory as their motion was in part granted and in part denied.

The plaintiffs alleged violations of 20 to 30 outfalls on each permit, and according to the AHPC, Copenhaver ruled in their favor on 18 of those violations.

Copenhaver denied the remainder of the parameters until he can hear more evidence that proves the violation is ongoing.

Hoffman says she believes the suit is another step forward in holding Powellton Coal accountable.

“Rich Creek is a trout stream, which flows into the Gauley River, thus into the New and the Kanawha, potentially polluting all,” she continued.

“The near areas to this operation are riddled with old mine works and tunnels, which hold water. Blasting and removal of the soil and trees and undergrowth could easily result in flooding in the Ansted/Jodie area.”

Many of the rocks in the area are silica and one of the coal seams is full of toxic selenium, she added, explaining Powellton’s permit states that if the toxin is not handled quickly and correctly, damage could be irreversible.

“Gauley Mountain is rich in history, the scene of the greatest industrial accident ever to occur in this country,” Hoffman said, referring to those who died at Hawks Nest Tunnel. “Its mountains are steep; the forests are beautiful and wild. Its trails are perfect for hiking, four-wheeling and birding.”

The potential for tourism in the area is being overlooked, she says.

“If coal is to be mined, it should be underground,” she added. “The MTR (mountaintop removal) method is too destructive.

“Companies should protect their underground miners and obey the existing laws put in place to care for the environment and the citizens. The future of Fayette County depends on it.”

The AHPC said no specific time frame is set for a trial on the remaining violations or the determination of Powellton’s punishment.

A spokesman for Powellton Coal declined to comment.

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