EPA v. CONSOL ENERGY (BAILEY & ENLOW MINES FACILITIES)

Case summary

On 08/05/2016 plaintiffs the United States, on behalf of EPA, along with the PADEP lodged a Consent Decree ( CD ) between the plaintiffs and defendants Consol Energy Inc. ( Consol Energy ), CNX Coal Resources ( CNX ) and Consol Pennsylvania Coal Co., LLC ( CPCC ) (collectively, Defendants or Consol ). The CD resolves years of CWA violations at the Bailey and Enlow Mine Complex in western Pennsylvania, and requires Defendants to implement water management measures designed to prevent contaminated discharges, including significant total dissolved solids ( TDS ) filled discharges, along with long-term monitoring and contingency plans to be implemented in advance of any projected exhaustion of water storage. In addition, the proposed Consent Decree requires Defendants to develop and implement an environmental management system at the mining complex to ensure overall compliance with applicable environmental laws. Finally, the Consent Decree requires Defendants to pay a $3 million civil penalty. The CD will be lodged in the Western District of Pennsylvania.

Defendants (3)

• CONSOL PENNSYLVANIA COAL COMPANY, LLCNamed in complaintNamed in settlement
• CONSOL ENERG INCNamed in complaintNamed in settlement
• CNX COAL RESOURCES, LPNamed in complaintNamed in settlement

Facilities (2)

• BAILEY LONGWALL MINE

  890 WINTER STREET, WIND RIDGE, PA, 15380

  Registry ID: 110038451984

• ENLOW FORK MINE

  1525 PLEASANT GROVE RD, CLAYSVILLE, PA, 15323

  Registry ID: 110069494014

Statutes cited

• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• CONSOL ENERGY (BAILEY & ENLOW MINES FACILITIES)entered 2016-09-14

  Primary law: CWA

  Federal penalty: $1,500,000 · State/local: $1,500,000

Timeline (6 milestones)

• 2012-06-11Referred To Dept Of Justice
• 2012-06-14Enforcement Action Data Entered
• 2016-08-04Complaint Filed With Court
• 2016-08-04Final Order Lodged
• 2016-09-14Final Order Entered
• 2016-09-14Concluded