DEP Trying to Settle Hundreds of Massey Pollution Violations

by Ken Ward Jr., Charleston Gazette, Feb. 26, 2006

The state Department of Environmental Protection is trying to settle hundreds of Massey Energy pollution violations that date back more than seven years, according to records obtained under the state Freedom of Information Act.

Under the deal, Massey would pay a fraction of the millions of dollars in fines that could have been sought under state and federal water pollution laws.

But so far, DEP officials have not told the public exactly how many or what kind of violations they are proposing to settle.

When DEP announced the deal Jan. 5, agency Secretary Stephanie Timmermeyer issued a one-paragraph public notice.

In that notice, DEP said it was proposing to settle five lawsuits against four Massey subsidiaries.

Those suits, filed in October 2003 and April 2004, cited specific water pollution violations by Massey’s Bandmill Coal, Independence Coal, Marfork Coal and Omar Mining.

But the proposed settlement reveals that the deal would also end 14 DEP enforcement cases that sought the most serious penalties allowed under state mining law – permit suspensions that would halt coal production.

Those cases, including one dating back to the Underwood administration, involve more than 70 violations of state strip mining rules.

The nine-page document also contains broad language that releases Massey from any penalties for any other violations that occurred prior to Dec. 1, 2005.

The document does not list those violations or say how many violations that language would cover.