This article originally provided by The Charleston Gazette

April 23, 2002

By Ken Ward Jr.
STAFF WRITER

State regulators on Monday ordered three related Massey Energy Inc. operations closed for a total of 35 days.

The state Department of Environmental Protection suspended permits for an underground mine, waste impoundment and preparation plant operated by Massey subsidiary Independence Coal Co.

Matt Crum, director of the DEP Division of Mining and Reclamation, issued the suspensions in a 19-page order released Monday.

The suspensions affect Independence's operations on Robinson Creek, near Uneeda in Boone County.

DEP inspectors alleged that Independence had committed a "pattern of violations" and should be shut down, at least temporarily.

In his order, Crum concluded that the company "demonstrated very poor attention to its environmental compliance obligations.

"Only a significant suspension will serve as an adequate deterrent to prevent future violations and patterns of violations by the company," Crum wrote.

Since January, Independence is the third Massey subsidiary to have permits suspended by DEP.

Suspensions for Green Valley Coal Co. and Marfork Coal Co. were upheld - although reduced by the state Surface Mine Board.

Massey lawyers have indicated that they will appeal those suspensions.

In the case of Independence, Crum ordered the suspensions to start Friday, to give the company time to seek a stay until the mine board can hear an appeal.

The longest suspension for Independence was issued for the company's Liberty Processing Plant. Crum ordered it closed for 16 days.

DEP inspectors cited the plant with five violations of water discharge and drainage control rules between June 19, 2001, and Aug. 23, 2001.

In one instance, Crum wrote, preparation plant pumps malfunctioned, allowing thousands of gallons of blackwater to spill into Robinson Creek.

"Company representative Jim Gay testified that the company learned of the problem during the midnight shift, and should have shut the plant down," Crum wrote. "Gay conceded that the company decided to run coal for the balance of the shift and let the maintenance crew worry about the problem the next day. The facility discharged slurry into the stream for more than 4.5 hours."

Crum ordered Independence's Justice Deep Mine, which sends coal to the Liberty plant, closed for seven days.

The mine was cited for repeatedly failing to control runoff from a coal stockpile area. In one instance, the mine was also cited when an employee washed down a bridge on the east end of the stockpile, sending blackwater pouring into Robinson Creek.

Crum ordered the Jake Gore Impoundment closed for 12 days. DEP inspectors cited the company for discharges that violated water quality rules, and for illegally constructing a refuse impoundment adjacent to the Jack Gore Impoundment.

Massey officials claimed in a hearing that suspensions would cost $350,000 a day in lost revenue for the Justice Deep Mine, and $350,000 in combined revenues for the plant and impoundment.

In his order, Crum noted that, since the violations, Independence has spent more than $350,000 to fix problems at the Justice Deep Mine's stockpile.

The company has also spent more than $175,000 on a new cleanup system at the Liberty plant, and $200,000 on treatment upgrades at the Jake Gore Impoundment.

"Accordingly, Independence has saved a significant amount of money by delaying implementation of environmental control measures until after violations were issued to the company," Crum wrote. "These measures likely would have reduced or eliminated many of Independence's violations."