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.