Published:
February 16, 2010 03:42
pm 
Judge rules against Powellton for Clean
Water Act violations
By Courtney D. Clark
The Register-Herald
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 as 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 there is no specific time frame set for a trial on the remaining
violations or the determination of Powellton’s punishment.
A spokesman for Powellton Coal declined to comment. |