EPA v. JUSTICE COMPANIES/SOUTHERN COAL/NATIONAL COAL (NATIONAL CASE) (LEAD)

Case summary

ON SEPT 30, 2016, THE U.S. LODGED A PROPOSED CWA CONSENT DECREE IN THE WD OF VA. PARTIES TO THE CD INCLUDE THE U.S. ON BEHALF OF EPA; ALABAMA; KENTUCKY, TENNESSE, AND VIRGINIA; AS WELL AS SOUTHERN COAL CORPORATION AND 26 AFFILIATED MINING COMPANIES WITH FACILITIES IN AL, KY, TN, VA, AND WV. THE CD AND CORRESPONDING COMPLAINT ALLEGES THAT THE MINING COMPANIES HAVE VIOLATED CWA SECTIONS 301, 308, AND 402 AND ASSOCIATED STATE STATUTES BY DISCHARGING POLLUTANTS INTO WATERS OF THE U.S. AND WATERS OF THE STATES WITHOUT COMPLYING WITH SECTION 402 OF THE ACT AND/OR CONDITIONS AND LIMITATIONS OF THE NPDES PERMITS ISSUED PURSUANT TO SECTION 402 OF THE ACT AND BY FAILING TO COMPLY WITH INFORMATION REQUESTS ISSUED PURSUANT TO SECTION 308 OF THE ACT. IN THE PROPOSED CD, THE MINING COMPANIES HAVE AGREED TO UNDERTAKE PREVENTATIVE MEASURES AT THEIR FACILITIES, WHICH INCLUDE DEVELOPING AND IMPLEMENTING AN ENVIRONMENTAL MANAGEMENT SYSTEM; PERFORMING PERIODIC INTERNAL AND THIRD-PARTY ENVIRONMENTAL COMPLIANCE AUDITS; CREATING A SYSTEM TO TRACK DATA; AND TAKING RESPONSE MEASURES FOR EFFLUENT LIMIT VIOLATIONS. THE CD ALSO INCLUDES STIPULATED PENALITES SHOULD EFFLUENT LIMIT VIOLATIONS CONTINUE TO OCCUR. IN ADDITION, THE MINING COMPANIES WILL PAY A $900,000 CIVIL PENALTY.

Defendants (30)

• JUSTICE COAL OF ALABAMA, LLCNamed in complaintNamed in settlement
• BADEN RECLAMATION COMPANYNamed in complaintNamed in settlement
• BLACK RIVER COAL, LLCNamed in complaintNamed in settlement
• CHESTNUT LAND HOLDINGS, LLCNamed in complaintNamed in settlement
• MEG-LYNN LAND COMPANY, INC.Named in complaintNamed in settlement
• NUFACE MINING COMPANY, INC.Named in complaintNamed in settlement
• NINE MILE MINING, INC.Named in complaintNamed in settlement
• CANE PATCH MINING CO., INC.Named in complaintNamed in settlement
• BLUESTONE RESOURCES, INC.Named in complaintNamed in settlement
• DYNAMIC ENERGY, INC.Named in complaintNamed in settlement
• GREENTHORN, LLCNamed in complaintNamed in settlement
• JUSTICE HIGHWALL MINING, LLCNamed in complaintNamed in settlement
• NATIONAL RESOURCES, INC.Named in complaintNamed in settlement
• PAY CAR MINING, INC.Named in complaintNamed in settlement
• SECOND STERLING CORP.Named in complaintNamed in settlement
• NEWGATE DEVELOPMENT OF BECKLEY LLCNamed in complaintNamed in settlement
• AIRWAY RESOURCES, LLCNamed in complaintNamed in settlement
• VIRGINIA FUEL CORP.Named in complaintNamed in settlement
• ALABAMA CARBON, LLC
• JAMES C. JUSTICE COMPANIES, INC.
• KENTUCKY FUEL CORP.Named in complaintNamed in settlement
• SOUTHERN COAL CORP.Named in complaintNamed in settlement
• A&G COAL CORP.Named in complaintNamed in settlement
• INFINITY ENERGY, INC.Named in complaintNamed in settlement
• PREMIUM COAL COMPANY, INC.Named in complaintNamed in settlement
• …and 5 more

Facilities (161)

• KY FUEL CORP [860-5348]

  BIG SPRINGS BRANCH RD, RAVEN, KY, 41861

  Registry ID: 110067381416

• LCC KENTUCKY LLC (813-0382)

  JCT OF KY 542 & KY 2465, EVANSTON, KY, 41339

  Registry ID: 110010840947

• PREMIUM COAL COMPANY, INC. BALDWIN PLANT/BALDWIN REFUSE IMPOUNDMENT 3

  7563 NEW RIVER HIGHWAY 116, MOORES CAMP, TN, 37769

  Registry ID: 110009788300

• LCC KENTUCKY LLC (813-0378)

  JCT OF KY 542 & MINE SHAFT RD, EVANSTON, KY, 41340

  Registry ID: 110010840947

• KENTUCKY FUEL CORP (860-0505)

  JCT OF KY 2029 & KY80, SOFT SHELL, KY, 41831

  Registry ID: 110067431666

• SEQUOIA ENERGY LLC (CONSOLIDATED)

  KY 72, LIGGETT, KY, 40831

  Registry ID: 110069486746

• ADDINGTON ENTERPRISES INC (813-0236)

  JCT OF KY 542 & MINE SHAFT RD, EVANSTON, KY, 41340

  Registry ID: 110010840947

• APPALACHIAN FUELS LLC (813-0244)

  56 SUNNY ACRES, LAMBRIC, KY, 40831

  Registry ID: 110010840947

• NATIONAL COAL CORPORATION

  DEEP MINE #4, SMOKY JUNCTION, TN, 37756

  Registry ID: 110006663798

• HNR MINING INC (813-7017)

  JCT OF BILLY BRANCH & BRUSHY FORK RDS, LAMBRIC, KY, 41545

  Registry ID: 110010840947

• POORE MINE

  COUNTY ROAD 167, IDER, AL, 35981

  Registry ID: 110033017205

• PREMIUM COAL COMPANY, INC. - AREA #20

  AREA 20, CARYVILLE, TN, 37714

  Registry ID: 110028302833

• KENTUCKY FUEL CORP (813-7036)

  JCT OF KY 542 & MINE SHAFT RD, EVANSTON, KY, 41340

  Registry ID: 110010840947

• LCC KENTUCKY LLC (813-0378)

  JCT OF KY 542 & MINE SHAFT RD, EVANSTON, KY, 41340

  Registry ID: 110010840947

• LLC KY LLC - PRATER SOUTH

  MINE SHAFT RD, EVANSTON, KY, 41339

  Registry ID: 110071222478

• …and 146 more

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• JUSTICE COMPANIES/SOUTHERN COAL/NATIONAL COAL (NATIONAL CASE) (LEAD)entered 2016-12-12

  Primary law: CWA

  Federal penalty: $300,000

Timeline (5 milestones)

• 2013-09-04Referred To Dept Of Justice
• 2013-09-28Enforcement Action Data Entered
• 2016-09-30Final Order Lodged
• 2016-09-30Complaint Filed With Court
• 2016-12-12Final Order Entered