by Vivian Stockman

For years, Coal River Mountain Watch, the United Mine Workers of America and OVEC have challenged the WV Department of Environmental Protection and Marfork Coal Co. (a Massey Energy subsidiary) to take seriously citizen concerns about the states largest coal sludge impoundment, Brushy Fork.

This gargantuan lake o toxic goo, which looms over folks living near Whitesville and is built over underground mines, was engineered by the same people who worked on the failed Martin County Coal Co. (another Massey subsidiary) impoundment the one that, in October 2000, spewed over 306 million gallons of sludge into about 100 miles of waterways along the Kentucky-West Virginia border.

Often, when both Marfork and DEP have tried to ignore our Brushy Fork concerns, OVEC and Coal River Mountain Watch have taken our grievances to the Surface Mine Board.

As a result of one of our appeals to the board, Massey was forced to reveal that there is mercury in the impoundment.

The board ordered Massey to monitor groundwater near the Brushy Fork site for the toxic heavy metals mercury, lead, arsenic, cadmium, cobalt, and copper (all of which are present in coal) an action that, as far as we know, is unprecedented and could be extended to any of the other 135 permitted coal waste slurry impoundments in the state.

Surprise, surprise. Massey didnt like our victory and appealed the boards ruling. Apparently, Massey didnt want to pay for monitoring the groundwater they say it will cost $18,000 a year. Poor guys only rake in over $200 million a year from that one subsidiary alone. They prefer to have about 7 BILLION gallons of sludge stored in the headwaters of the Coal River without having to know what is happening to the groundwater.

In September, we appeared in Raleigh County Circuit Court to defend our victory.

Knowing about the mercury, the DEP decided to not fight against us (like it did during our 2001 appeal), but instead filed a brief supporting the boards ruling requiring the groundwater monitoring! The judge agreed with OVEC, CRMW and DEP that Marfork should indeed test the groundwater for mercury and other toxic heavy metals.

This is the first time that any coal company has been required to conduct heavy metal monitoring in the groundwater down-gradient from any impoundment.

Many thanks to attorney Mary Ann Maul and hydrogeologist Rick Eades for their great work on this case, which may have implications far beyond this one impoundment!