EPA v. INDEPENDENCE COAL COMPANY, LLC

Case summary

The Regional Judicial Officer issued a Final Order on October 31, 2018, accepting the Consent Agreement to commence and settle violations of CERCLA 103 and EPCRA Sections 304 in connection with a release of ferric chloride from an aboveground storage tank at a coal mine drainage treatment facility, known as the Justice No. 1 Deep Mine, located in a remote area off of Route 85 in Madison, West Virginia facility, which is owned and operated by Independence Coal Company, LLC. Approximately 8,379 gallons of ferric chloride released into earthen sumps and into a creek, Jack?s Branch. Independence Coal failed to timely notify the National Response Center, and the State Emergency Response Commission (?SERC?), respectively, of the release and failed to provide a timely follow-up written notice to the SERC and the Local Emergency Planning Committee. In settlement, Independence Coal has agreed to pay a cash penalty of $44,365.

Defendants (2)

• JUSTICE NO. 1 DEEP MINE TREATMENT AREANamed in complaintNamed in settlement
• INDEPENDENCE COAL COMPANY, LLCNamed in complaintNamed in settlement

Facilities (1)

• INDEPENDENCE COAL COMPANY, LLC

  782 ROBINSON CREEK ROAD, MADISON, WV, 25130

  Registry ID: 110070083117

Statutes cited

• EPCRA 304 — Emergency Release Notification Section 313 Program
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release

Enforcement conclusions (1)

• INDEPENDENCE COAL COMPANY, LLCentered 2018-10-31

  Primary law: CERCLA

  Federal penalty: $44,365

Timeline (4 milestones)

• 2018-10-31Final Order Issued
• 2018-10-31Enforcement Action Data Entered
• 2018-10-31Complaint Filed/Proposed Order
• 2018-11-13Enforcement Action Closed