ON AUGUST 10, 2005, OECA AND REGION 3 REFERRED A CASE TO DOJ BASED ON MASSEY ENERGY COMPANY'S VIOLATIONS OF SECTION 301 AND 402 OF THE CWA. MASSEY AND ITS SUBSIDIARIES OPERATE NUMEROUS COAL MINES IN WEST VIRGINIA AND KENTUCKY. THE 2005 REFERRAL COVERED THE WEST VIRGINIA VIOLATIONS. THIS 2006 REFERRAL COVERS THE VIOLATIONS IN KENTUCKY. MOST OF THE VIOLATIONS ARE FOR EXCEEDING LIMITS FOR TOTAL SUSPENDED SOLIDS. THE RELIEF SOUGHT IS FOR MASSEY TO TAKE MEASURES TO STOP THESE EXCEEDENCES AS WELL AS PAY A PENALTY.