This article originally provided by The Charleston Gazette

April 8, 2004

DEP files more suits against Massey

By Ken Ward Jr.
STAFF WRITER

The state Department of Environmental Protection announced Wednesday that it had filed two more water pollution lawsuits against Massey Energy operations.

In the suits, DEP alleges repeated pollution violations by Massey subsidiaries Independence Coal Co. and Bandmill Coal Corp.

The suits, filed in Logan and Boone counties, seek fines of up to $25,000 per day of violation.

DEP lawyers allege violations ranging from blackwater spills to the failure to submit required pollution reports.

"The DEP has laws in place designed to protect our state's waters," DEP Secretary Stephanie Timmermeyer said in a prepared statement.

"But when a coal operator has repeated water pollution violations, the DEP is sometimes forced to use the courts to enforce those laws," Timmermeyer said.

"We will continue to step up enforcement on coal-related water violations."

Perry McDaniel, chief of the DEP Office of Legal Services, filed the suits Friday. DEP announced the action in a news release Wednesday morning.

In March 2003, Independence and another Massey subsidiary, Omar Mining, each agreed to pay $200,000 in fines after they pleaded guilty to criminal Clean Water Act violations in federal court.

Both companies were also placed on probation for five years.

The filing of Wednesday's suits was the second time in the last six months that DEP has filed civil suits against Massey companies.

In October 2003, DEP sued Omar and Marfork Coal Co. for various water pollution and waste handling violations alleged to have occurred in 2001 and 2002.

The new suit against Independence cites violations at the company's Jake Gore Impoundment, Justice Deep Mine, Liberty Preparation Plant, Red Cedar Surface Mine No. 1, Ramo Surface Mine and Jacks Branch Complex.

The suit against Bandmill alleges violations at the company's Tower Mountain Surface Mine, Rum Creek Preparation Plant, Tinsley Branch Refuse Area and Wade No. 3 Surface Mine.

In both complaints, DEP asked judges to order Massey to comply with permit limits and fine the companies involved.

DEP also wants Massey to pay the agency's legal expenses and costs of responding to blackwater spills.

To contact staff writer Ken Ward Jr., use e-mail or call 348-1702.