EPA v. ALPHA NATURAL RESOURCES (ENTERPRISE MINING COMPANY/MASSEY) (NATIONAL CASE) (NLP)

Case summary

XAlpha Natural Resources, Inc. (Alpha), headquartered in Bristol, Virginia, is the top metallurgical coal supplier in the United States, with approximately 79 active mines and 25 coal preparation plants throughout Appalachia and the Powder River Basin in Wyoming. Alpha owns and operates mines in Kentucky, Pennsylvania, Tennessee, Virginia, West Virginia, and Wyoming. Alpha?s corporate umbrella includes the company formerly known as Massey Energy Company, which it acquired in June of 2011. Top of Page Violations Alpha and its subsidiaries violated Section 301 of the Clean Water Act, and terms and conditions of its National Pollutant Discharge Elimination System (NPDES) permits, issued pursuant to the Clean Water Act Section 402. Alpha?s violations, resolved by the settlement, include approximately 6,289 permit exceedances in Kentucky, Pennsylvania, Tennessee, Virginia, and West Virginia. Top of Page Injunctive Relief Under the Consent Decree, Alpha must address NPDES permit exceedances from their mining operations in Appalachia by conducting comprehensive audits, implementing corrective measures, and installing treatment technologies. Specific remedial measures include an improved, corporate-wide environmental management system, regular and consistent compliance audits, treatment system audits, upgraded electronic tracking and reporting of all NPDES permit exceedances, audits of tracking and reporting systems, and training of all employees. All of these actions will be audited by a third party to ensure the injunctive relief is proceeding as required by the settlement.

Defendants (46)

• ALPHA NATURAL RESOURCES, INC.Named in complaintNamed in settlement
• RESOURCE DEVELOPMENT, LLCNamed in complaintNamed in settlement
• RAWL SALES & PROCESSING CO.Named in complaintNamed in settlement
• PREMIUM ENERGY LLCNamed in complaintNamed in settlement
• POWER MOUNTAIN COAL CO.Named in complaintNamed in settlement
• PIONEER FUEL CORP.Named in complaintNamed in settlement
• GREYEAGLE COAL CO.Named in complaintNamed in settlement
• GOALS COAL CO.Named in complaintNamed in settlement
• ENTERPRISE MINING COMPANY, LLCNamed in complaintNamed in settlement
• EMERALD COAL RESOURCES, LPNamed in complaintNamed in settlement
• ELK RUN COAL CO., INC.Named in complaintNamed in settlement
• EAGLE ENERGY, INC.Named in complaintNamed in settlement
• DUCHESS COAL CO.Named in complaintNamed in settlement
• DICKENSON-RUSSELL COAL COMPANY, LLCNamed in complaintNamed in settlement
• DELBARTON MINING CO.Named in complaintNamed in settlement
• CUMBERLAND COAL RESOURCES, LPNamed in complaintNamed in settlement
• PIGEON CREEK PROCESSING CORPNamed in complaintNamed in settlement
• PETER CAVE MININGNamed in complaintNamed in settlement
• PERFORMANCE COAL CO.Named in complaintNamed in settlement
• PEERLESS EAGLE COAL CO.Named in complaintNamed in settlement
• PAYNTER BRANCH MINING, INC.Named in complaintNamed in settlement
• PARAMONT COAL COMPANY VIRGINIA, LLCNamed in complaintNamed in settlement
• OMAR MINING CO.Named in complaintNamed in settlement
• NEW RIDGE MINING CO.Named in complaintNamed in settlement
• MARTIN COUNTY COAL CORP.Named in complaintNamed in settlement
• …and 21 more

Facilities (30)

• ENTERPRISE MINING CO LLC (867-0444)

  PO BOX 730, KINGS CREEK, KY, 40743

  Registry ID: 110016681679

• PREMIER ELKHORN COAL CO INC (898-5694)

  JCT OF JOHNS FORK RD & BEEFHIDE, BEEFHIDE, KY, 41537

  Registry ID: 110011200949

• LOGAN GAP DEVELOPMENT CO INC (860-0432)

  JCT OF KY 7 & KY 1410, LITTCARR, KY, 41834

  Registry ID: 110044900186

• ENTERPRISE MINING CO LLC (867-5268)

  JCT OF KY 1290 & KY 160, ROXANA, KY, 41848

  Registry ID: 110064365342

• DIAMOND MAY COAL CO (860-5199)

  KY 1088, SASSAFRAS, KY, 41659

  Registry ID: 110011202894

• DIAMOND MAY COAL CO (860-5223)

  KY 1088, SASSAFRAS, KY, 41659

  Registry ID: 110009965724

• DIAMOND MAY COAL CO (860-0358)

  KY 1088, SASSAFRAS, KY, 41659

  Registry ID: 110011196785

• DIAMOND MAY COAL CO (860-0406)

  13475 FISCHER RD, AMBURGEY, KY, 41007

  Registry ID: 110017371440

• B & W RESOURCES INC (860-0546)

  JCT OF KY 1231 & LAKESHORE RD, AMBURGEY, KY, 41773

  Registry ID: 110011207764

• ENTERPRISE MINING CO LLC (867-5270)

  HWY 197 S, SKYLINE, KY, 41522

  Registry ID: 110015982873

• VIRGINIA ENERGY CO (898-0565)

  JCT OF KY 11 & SWAN POND RD, WOODMAN, KY, 40965

  Registry ID: 110009742626

• ENTERPRISE MINING CO LLC (867-0445)

  HWY 641 W, KINGS CREEK, KY, 40456

  Registry ID: 110015982891

• B & W RESOURCES INC (860-7020)

  KY 1088, SASSAFRAS, KY, 41659

  Registry ID: 110011199915

• DIAMOND MAY COAL CO (860-0374)

  KY 1088, SASSAFRAS, KY, 41659

  Registry ID: 110009742591

• ENTERPRISE MINING CO LLC (867-5276)

  LAUREL COUNTY, BLACKEY, KY, 40744

  Registry ID: 110016632170

• …and 15 more

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• ALPHA NATURAL RESOURCES (ENTERPRISE MINING COMPANY) (NATIONAL CASE)entered 2014-11-26

  Primary law: CWA

  Federal penalty: $825,000 · State/local: $687,500

Timeline (6 milestones)

• 2012-09-21Enforcement Action Data Entered
• 2012-09-27Referred To Dept Of Justice
• 2014-03-05Complaint Filed With Court
• 2014-03-05Final Order Lodged
• 2014-11-26Concluded
• 2014-11-26Final Order Entered