EPA v. RAYLE COAL CO & TRIDEL REALTY CO

Case summary

THE SITE OF THE FORMER VALLEY CAMP COAL COMPANY NO. 3 MINE IN TRIADELPHIA, WV CONTAINS A LARGE COAL REFUSE PILE. DRAINAGE FROM THE PILE HAS LOW PH & CONTAINS IRON & MANGA- NESE & SUSPENDED SOLIDS. IT IS CHANNELED TO AN EXPERIMENTAL WETLANDS TREATMENT SYSTEM & THENCE TO SEDIMENTATION IMPOUND- MENTS IN STORCH'S RUN, A STREAM WHICH FEEDS INTO MIDDLE WHEELING CREEK. THE SITE WAS CONVEYED BY VALLEY CAMP TO DE- FENDANT RAYLE COAL COMPANY IN 1982, & BY RAYLE TO DEFENDANT TRIDELL REALTY COMPANY IN 1983. IN VIOLATION OF SEC 301(A) OF THE CWA THE DEFS HAVE RE- FUSED TO CEASE THEIR DISCHARGE OF POLLUTANTS TO STORCH'S RUN, A WATER OF THE U.S., W/OUT A NATIONAL POLLUTANT DIS- CHARGE CONTAINS POLLUTANTS IN EXCESS OF THE LEVELS WHICH WOULD BE PERMITTED PURSUANT TO THE APPLICABLE TECHNOLOGY BASED EFFLUENT GUIDELINES & WATER QUALITY STANDARDS. IN FACT THE TREATMENT SYSTEM BEING USED APPEARS TO BE PROVIDING LIT- TLE ACTUAL REDUCTION IN THE LEVELS OF THE POLLUTANTS IN THE DRAINAGE. THE DEFS FURTHER VIOLATED SEC 301 DURING THE CON- STRUCTION OF THE 3 SEDIMENTATION IMPOUNDMENTS BY DISCHARGING DREDGED MATERIAL INTO STORCH'S RUN W/OUT 1ST OBTAINING A DREDGED OR FILL MATERIAL DISCHARGE PERMIT. THE EXPERIMENTAL WETLAND & SEDIMENTATION IMPOUNDMENT TREATMENT SYSTEM EMPLOYED BY THE DEFS IN SUSCEPTIBLE TO BREACHING DURING STORM EVENTS. THE RELEASE OF IRON SLUDGE DURING THE CONSTRUCTION OF THE SYSTEM HAS ALREADY CAUSED A FISH KILL, & THIS RESULT MAY BE REPEATED IF ANY OF THE IM- POUNDMENTS FAIL OR THEIR CAPACITY IS EXCEEDED. MOREOVER, THE IMPOUNDMENTS IN STORCH'S RUN HAVE COMPLETELY DISRUPTED ITS NATURAL FLOW. THE DEFS SHOULD BE REQUIRED TO OBTAIN A NPDES PERMIT. IN THE INTERIM THE DISCHARGE OF MINING WASTES SHOULD BE TREATED TO BRING IT INTO COMPLIANCE W/EFFLUENT LIMITATIONS BASED ON TECHNOLOGY BASED EFFLUENT GUIDELINES& WATER QUALITY STAND- ARDS. THE DEFS SHOULD BE ORDERED TO RESTOCK STORCH'S RUN & MIDDLE WHEELING CREEK W/NATIVE FISH & BENTHIC ORGANISMS AF- TER THESE STREAMS HAVE CLEANSED THEMSELVES OF THE RELEASED SLUDGE, & THE AQUATIC LIFE HABITAT HAS BEEN REESTABLISHED. THEY SHOULD BE REQUIRED TO SEEK AN INDIVIDUAL PERMIT FOR THE DISCHARGE OF DREDGED MATERIAL IN THE CONSTRUCTION OF THE IMPOUNDMENTS IN STORCH'S RUN. IF IT IS GRANTED, THAT PERMIT SHOULD INCLUDE CONDITIONS ASSURING THE PROPER DESIGN, CON- STRUCTION & MAINTENANCE OF THE IMPOUDMENTS TO ELIMINATE THE DANGER THAT THEY WILL FAIL & DISCHARGE SLUDGE. IF IT IS DE- NIED, THE DEFS SHOULD BE ORDERED TORESTORE STORCH'S RUN & INSTALL ALTERNATIVE TREATMENT FACILITIES TO PERFORM THE FUNCTIONS OF THE SEDIMENTATION IMPOUNDMENTS. THE DEFENDANTS SHOULD PAY CIVIL PENALTIES FOR THEIR UNAUTHORIZED DIS- CHARGES.

Defendants (4)

• MARIETTA COAL COMPANY
• RAYLE COAL COMP.Named in complaintNamed in settlement
• TRIDELL REALTY COMP.Named in complaintNamed in settlement
• GEORGE NICOLOZAKES

Facilities (1)

• VALLEY CAMP COAL CO

  NATIONAL ROAD, TRIADELPHIA, WV, 26059

  Registry ID: 110007874130

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material
• CWA 402 — Clean Water Act
• CWA 309 — Violation of Existing AO

Enforcement conclusions (1)

• RAYLE COAL COMPANYentered 1995-11-29

  Primary law: CWA

  Federal penalty: $145,000

Timeline (6 milestones)

• 1986-12-31Referred To Dept Of Justice
• 1987-11-06Complaint Filed With Court
• 1995-11-29Final Order Lodged
• 1995-11-29Final Order Entered
• 1995-11-29Concluded
• 1998-02-10Enforcement Action Closed