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.
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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.
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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