EPA v. RANGER FUEL CORP.

Case summary

RANGER FUEL HOLDS AN NPDES PERMIT AUTHORIZING DISHARGES FROM 11 OUTFALLS AT ITS COAL MINE AND COAL PREPARATION PLANT IN SABINE, WEST VIRGINIA. THE PERMIT WAS ISSUED BY REGION III, BECAME EFFECTIVE IN 1978, AND EXPIRES IN SEPTEMBER 1983. THE PERMIT REQUIRES RANGER FUEL TO MONITOR THE EF- FLUENT FROM EACH DISCHARGE POINT DURING EACH MONTH. THE PERMIT ALSO REQUIRES THAT RANGER FUEL PERIODICALLY REPORT THE RESULTS OF ITS MONITORING TO THE STATE OF WEST VIRGINIA AND TO REGION III. FURTHER, THE PERMIT REQUIRES RANGER FUEL TO NOTIFY THE STATE AND REGION III WITHIN FIVE DAYS OF LEARNING THAT IT FAILED TO COMPLY WITH ANY DAILY MAXIMUM EF- FLUENT LIMITATION IMPOSED BY THE PERMIT. RANGER FUEL FAILED TO PROVIDE MONITORING REPORTS FOR EACH DISCHARGE POINT FROM SEPTEMBER 1979 TO DECEMBER 1980. RANGER FUEL ALSO FAILED TO NOTIFY THE STATE AND REGION OF NONCOMPLIANCE WITH ITS EFFLUENT LIMITATIONS FROM SEPTEMBER 1978 TO FEBRUARY 1981. REGION III SENT LETTERS IN FEBRUARY 1981 ADVISING RANGER FUEL OF ITS VIOLATIONS OF THE MONITOR- ING AND NOTIFICATION REQUIREMENTS. RANGER FUEL FAILED TO CURE ITS VIOLATIONS AND, ON JUNE 18, 1981, RANGER FUEL AGREED TO REPORT PROPERLY AND IDENTIFIED OPERATION AND MAIN- TENANCE PRACTICES THAT IT WOULD USE TO COMPLY WITH THE PER- IN NOVEMBER 1981, AN INSPECTION BY THE WEST VIRGINIA DEPARTMENT OF NATURAL RESOURCES (WVDNR) DISCLOSED THAT RANGER FUEL WAS SAMPLING IMPROPERLY, WAS NOT USING QUALIFIED OPERATORS AT ITS SEWAGE TREATMENT PLANTS, WAS NOT COMPLYING WITH EFFLUENT LIMITATIONS, HAD NOT IMPLEMENTED THE CORREC- TIVE ACTIONS IDENTIFIED IN ITS LETTER DATED JUNE 25, 1981, AND WAS DISCHARGING FROM AN UNPERMITTED SOURCE. THE CONCEN- TRATION OF IRON IN THE UNPERMITTED SOURCE EXCEEDED WEST VIRGINIA'S LIMITATION APPLICABLE TO PERMITTED DISCHARGES, AND VIOLATED THE STATE'S WATER QUALITY STANDARD FOR THE RECEIVING WATERS. AFTER AN EXCHANGE OF CORRESPONDENCE DURING FEBRUARY AND MARCH 1982, RANGER FUEL CURED MANY OF ITS DEFICIENCIES. AFTER A JUNE 24, 1982, INSPECTION BY WVDNR, THAT AGENCY CON- CLUDED THAT COMPLIANCE APPEARS SATISFACTORY WITH THE EXCEP- TION OF THE UNPERMITTED PUMPED MINE DISCHARGE. HOWEVER, NPDES PROGRAM, IS FAMILIAR WITH RANGER FUEL'S PERFORMANCE, MEETING EFFLUENT LIMITS AT SOME OF ITS OUTFALLS. ACTION AGAINST THE CORPORATION. SOME MONITORING REPORTS, FUEL'S VIOLATIONS POSE A SUBSTANTIAL THREAT TO HUMAN HEALTH. DURING THE PERIOD OF ITS VIOLATIONS. FURTHER, THE REGION ACKNOWLEDGES THAT MONITORING REPORTS FROM RANGER FUEL FROM SEPTEMBER 1978 THROUGH SEPTEMBER 1979 HAVE BEEN MISPLACED. RANGER FUEL CAN BE EXPECTED TO ARGUE THAT THE LOSS OF THE REPORTS BY TEH AGENCY SUGGESTS THAT THE SUBMISSION OF SOME- WHAT INCOMPLETE DATA BY THE REGULATEE IS NOT A SUBSTANTIAL VIOLATION. THE CASE DEVELOPMENT PLAN ACKNOWLEDGES THAT RANGER FUEL ADVISED THE REGION OF ITS UNPERMITTED DISCHARGE BY LETTER IN JULY 1982. RANGER FUEL ASSERTED THAT THE DISCHARGE POINT WAS UNDER PERMIT ISSUED BY THE WEST VIRGINIA WATER RESOURCES DIVISION. RANGER FUEL STATED THAT IT HAD NOT PREVIOUSLY NOTIFIED THE REGION BECAUSE THE STATE HAD ASSUMED THE NPDES PROGRAM. FURTHER, RANGER FUEL STATED THAT IT WAS UNSURE WHETHER TO IDENTIFY THE DISCHARGE IN ITS PERMIT BECAUSE THE DISCHARGE CONSISTED OF ACCUMULATED WATER FROM AN ABANDONED MINE WHICH HAS NO CONNECTION WITH ITS PRESENT MINING ACTIV- ITY. OTHER EVIDENCE FAVORABLE TO THE POTENTIAL DEFENDANT IS SET FORTH AT PAGES 13 THROUGH 16 OF THE CASE DEVELOPMENT PLAN. THE ACSE DEVELOPMENT PLAN IDENTIFIES THE JUNE 1982 INSPEC- TION AS THE MOST RECENT CONTACT WITH RANGER FUEL. HOWEVER, THE SEPTEMBER 1982 MONITORING REPORT SUBMITTED BY THE COR- PORATION IDENTIFIES CONTINUING EFFL

Defendants (1)

• RANGER FUEL CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• RANGER FUEL NUMBER 2

  BECKLEY #2 PLANT, SABINE, WV, 25916

  Registry ID: 110002039197

Statutes cited

• CWA 309 — Violation of Existing AO

Enforcement conclusions (1)

• RANGER FUEL CORPORATIONentered 1985-08-06

  Primary law: CWA

  Federal penalty: $40,000

Timeline (8 milestones)

• 1983-03-08Referred To Headquarters
• 1983-04-18Referred To Dept Of Justice
• 1983-08-17Referred TO U.S. Attorney
• 1983-09-01Complaint Filed With Court
• 1985-08-06Final Order Lodged
• 1985-08-06Final Order Entered
• 1985-08-06Concluded
• 1988-07-10Enforcement Action Closed