# ALPHA NATURAL RESOURCES (ENTERPRISE MINING COMPANY/MASSEY) (NATIONAL CASE) (NLP)
> **Judicial** · FY2012 · — · Final Order With Penalty
## Case
- **Activity ID:** `3000062000`
- **Case Number:** 04-2012-9018
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** —
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** —
## Defendants
- ALEX ENERGY, INC. (complaint) (settlement)
- ALPHA APPALACHIA HOLDINGS, INC. (complaint) (settlement)
- ALPHA NATURAL RESOURCES, INC. (complaint) (settlement)
- ALPHA PA COAL TERMINAL, LLC (complaint) (settlement)
- AMFIRE MINING COMPANY, LLC (complaint) (settlement)
- ARACOMA COAL CO., INC. (complaint) (settlement)
- BANDMILL COAL CORP. (complaint) (settlement)
- BELFRY COAL CORP. (complaint) (settlement)
- BIG BEAR MINING CO. (complaint) (settlement)
- BROOKS RUN MINING COMPANY, LLC (complaint) (settlement)
- CLEAR FORK COAL CO. (complaint) (settlement)
- CUMBERLAND COAL RESOURCES, LP (complaint) (settlement)
- DELBARTON MINING CO. (complaint) (settlement)
- DICKENSON-RUSSELL COAL COMPANY, LLC (complaint) (settlement)
- DUCHESS COAL CO. (complaint) (settlement)
- EAGLE ENERGY, INC. (complaint) (settlement)
- ELK RUN COAL CO., INC. (complaint) (settlement)
- EMERALD COAL RESOURCES, LP (complaint) (settlement)
- ENTERPRISE MINING COMPANY, LLC (complaint) (settlement)
- GOALS COAL CO. (complaint) (settlement)
- GREYEAGLE COAL CO. (complaint) (settlement)
- HARLAN RECLAMATION SERVICES LLC (complaint) (settlement)
- HERNDON PROCESSING CO., LLC (complaint) (settlement)
- HIGHLAND MINING CO. (complaint) (settlement)
- INDENPENDENCE COAL COMPANY, INC. (complaint) (settlement)
- JACKS BRANCH BOAL CO. (complaint) (settlement)
- KANAWHA ENERGY CO. (complaint) (settlement)
- KEPLER PROCESSING CO., LLC (complaint) (settlement)
- KINGSTON MINING, INC. (complaint) (settlement)
- KINGWOOD MINING CO., LLC (complaint) (settlement)
- KNOX CREEK COAL CORP. (complaint) (settlement)
- MARFORK COAL CO. (complaint) (settlement)
- MARTIN COUNTY COAL CORP. (complaint) (settlement)
- NEW RIDGE MINING CO. (complaint) (settlement)
- OMAR MINING CO. (complaint) (settlement)
- PARAMONT COAL COMPANY VIRGINIA, LLC (complaint) (settlement)
- PAYNTER BRANCH MINING, INC. (complaint) (settlement)
- PEERLESS EAGLE COAL CO. (complaint) (settlement)
- PERFORMANCE COAL CO. (complaint) (settlement)
- PETER CAVE MINING (complaint) (settlement)
- PIGEON CREEK PROCESSING CORP (complaint) (settlement)
- PIONEER FUEL CORP. (complaint) (settlement)
- POWER MOUNTAIN COAL CO. (complaint) (settlement)
- PREMIUM ENERGY LLC (complaint) (settlement)
- RAWL SALES & PROCESSING CO. (complaint) (settlement)
- RESOURCE DEVELOPMENT, LLC (complaint) (settlement)
## 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.

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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 

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