This article originally provided by The Charleston Gazette

February 15, 2002

By Ken Ward Jr.
STAFF WRITER

State regulators have suspended a second Massey Energy permit because of repeated environmental violations.

On Thursday, the state Department of Environmental Protection released the second of three decisions in high-profile enforcement cases against Massey.

In its order, DEP suspended a permit for Massey subsidiary Green Valley Coal for 30 days.

Matt Crum, director of the DEP Division of Mining and Reclamation, concluded that Green Valley has a "substantial history of violations" at a coal waste disposal site along the Meadow River in Greenbrier County.

Over a 12-month period ending in May 2001, DEP inspectors cited Green Valley for five violations of water quality limits for acidity and iron concentrations. In three of the citations, Massey exceeded permit limits that require it to clean up water discharged from settling ponds. In the other two, the company allowed acidic water to seep out of the ponds.

"Green Valley demonstrated increasing negligence throughout the pattern of violations," Crum wrote in his ruling. He added that the company, "failed to adequately monitor its own facility and take appropriate action to avoid violation."

K.O. Damron, a Massey spokesman, did not return a phone call.

DEP spokesman Andy Gallagher said Green Valley asked the state Surface Mine Board to block the suspension until it can hear a full appeal.

Last year, DEP targeted Green Valley and two other Massey subsidiaries for an enforcement crackdown following a series of blackwater spills and other violations.

Under state and federal law, DEP can revoke or suspend permits when it finds that companies have committed a "pattern of violations." Under the law, a pattern is defined as two or more violations during any 12-month period.

Last month, Crum ordered a permit for Massey subsidiary Marfork Coal suspended for 14 days for similar, repeated water pollution violations.

Company lawyers appealed that decision to the state Surface Mine Board. Board members postponed the permit suspension until they could hold a full appeal hearing. That hearing has not been scheduled yet.

Crum missed legal deadlines for issuing both the Green Valley and Marfork enforcement rulings. The Green Valley ruling was due in early January. Crum is also overdue to issue a ruling in the third case, involving Independence Coal. That ruling was due, by law, more than a week ago.

In a previous case, another Green Valley permit was suspended for three days. That order is also under appeal, and a hearing is scheduled for Feb. 26.

In the order issued Thursday, Crum also told Green Valley to, within six weeks, commission an independent study of the water treatment system at its Greenbrier County site.

The study, Crum said, must "include development of detailed corrective and improvement measures designed to avoid future violations and shall include a proposed implementation schedule."