Arch Mineral Settles Lawsuit Alleging NPDES Violations

The Department of Justice announced that Arch Coal and its subsidiaries have agreed to pay $4 million to settle Clean Water Act violations  in Virginia, West Virginia and Kentucky.  The DOJ said in a press release the following

As part of the settlement, Arch Coal has agreed to take measures that will prevent an estimated two million pounds of pollution from entering the nation’s waters each year.   Arch will also implement a treatment system to reduce discharges of selenium, a pollutant found in mine discharges.   Selenium runoff from mining operations can build up in streams and have an adverse impact on aquatic organisms.

  

A joint federal-state complaint filed in U.S. District Court in the Southern District of West Virginia by the United States, West Virginia and Kentucky alleged numerous violations of Arch Coal’s permits that set limits on pollutants to be discharged into streams.   The alleged excess discharges of iron, total suspended solids, manganese and other pollutants reflect deficiencies in operation and maintenance of wastewater treatment systems in place at four of the company’s mining facilities:   Coal Mac Inc; Lone Mountain Processing Inc; Cumberland River Coal Co.; and Mingo Logan Coal Co.   

As part of the settlement, the company has agreed to implement a series of inspections, audits and tracking measures to ensure treatment systems are working properly and that future compliance is achieved.   The company is also required to develop and implement a compliance management system to help foster a top-down, compliance and prevention-focused approach to Clean Water Act issues.  

EPA also has information about the settlement .  A 30 day public comment period will be allowed before the settlement can be finalized.