Settlement FAQs

what is southern coal corporation clean water settlement

by Kenton Ullrich DVM Published 2 years ago Updated 2 years ago
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Under the settlement, Southern Coal Corporation and its affiliated mining companies must implement a series of measures to ensure compliance and prevent future Clean Water Act violations at their coal mining operations, including: Implementing a company-wide, EPA-approved environmental management system.

(Washington, DC - September 30, 2016) - The EPA and the DOJ today announced a settlement with Southern Coal Corporation and 26 affiliated mining companies that requires the companies to make comprehensive upgrades to their coal mining and processing operations to prevent discharges of polluted wastewater from their ...Sep 30, 2016

Full Answer

How much is Southern Coal Corporation's civil penalty?

How does mining affect the environment?

Where is Southern Coal located?

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How much is Southern Coal Corporation's civil penalty?

Southern Coal Corporation will pay a civil penalty of $900,000, to be split 50/50 between the United States and the state co-plaintiffs; $450,000 to the U.S., and $112,500 to each state.

Where is Southern Coal located?

Southern Coal’s mining operations are located in Appalachia. The surrounding communities are rural, and many of these rural communities rely on fishing and hunting to survive, and surface mining discharges directly impair streams and watersheds. When the injunctive relief is implemented, the proposed consent decree will help reduce the direct exposure of communities in rural Appalachia to a number of pollutants, including selenium, sulfates, as well as solids, which can significantly impair streams and watersheds. The estimated annual pollutant reductions through implementation of the proposed consent decree, is approximately 5 million pounds.

How does mining affect the environment?

Mining can have significant environmental and human health consequences. Mining discharges can impair streams and watersheds. Sediment-laden runoff can result in increased turbidity and decreased oxygen in receiving waters, which in turn can result in loss of in-stream habitat for fish and other aquatic species. Sediment can kill fish directly, destroy spawning beds, suffocate fish eggs and bottom dwelling organisms, and block sunlight resulting in reduced growth of beneficial aquatic grasses. Excess levels of metals commonly found in mining discharges, such as iron and aluminum, can be toxic to fish by disrupting metabolic and reproductive systems. Precipitation of these metals can destroy habitat needed by macro invertebrates.

What was the initial complaint filed against the utility company?

The initial complaint, filed on January 17, 2017, detailed allegations that the utility company failed to build a coal gasification (or “clean coal”) plant in Mississippi.

How much did Mississippi Power cost?

Originally slated to cost the company, and its subsidiary Mississippi Power, approximately $2.4 billion – however unexpected delays, as well as construction and related expenses grew to a $7.5 billion money pit.

Who represented investors in the Monroe County class action?

Investors in the class action were represented by co-lead plaintiff’s Monroe County Employees’ Retirement System and Roofers Local No. 149 Pension Fund. Details of the case are as follows:

How much is Southern Coal Corporation's civil penalty?

Southern Coal Corporation will pay a civil penalty of $900,000, to be split 50/50 between the United States and the state co-plaintiffs; $450,000 to the U.S., and $112,500 to each state.

How does mining affect the environment?

Mining can have significant environmental and human health consequences. Mining discharges can impair streams and watersheds. Sediment-laden runoff can result in increased turbidity and decreased oxygen in receiving waters, which in turn can result in loss of in-stream habitat for fish and other aquatic species. Sediment can kill fish directly, destroy spawning beds, suffocate fish eggs and bottom dwelling organisms, and block sunlight resulting in reduced growth of beneficial aquatic grasses. Excess levels of metals commonly found in mining discharges, such as iron and aluminum, can be toxic to fish by disrupting metabolic and reproductive systems. Precipitation of these metals can destroy habitat needed by macro invertebrates.

Where is Southern Coal located?

Southern Coal’s mining operations are located in Appalachia. The surrounding communities are rural, and many of these rural communities rely on fishing and hunting to survive, and surface mining discharges directly impair streams and watersheds. When the injunctive relief is implemented, the proposed consent decree will help reduce the direct exposure of communities in rural Appalachia to a number of pollutants, including selenium, sulfates, as well as solids, which can significantly impair streams and watersheds. The estimated annual pollutant reductions through implementation of the proposed consent decree, is approximately 5 million pounds.

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Overview of Companies and Location of Facilities

  • Southern Coal Corporation is a coal mining and processing company headquartered in Roanoke, VA. Southern Coal Corporation and the following 26 affiliated entities are located in Alabama, Kentucky, Tennessee, Virginia and West Virginia: Justice Coal Of Alabama, LLC; A & G Coal Corp…
See more on epa.gov

Violations

  • Since beginning an investigation of Southern Coal Corporation in 2011, the EPA has discovered various Clean Water Act (CWA) violations. These violations include exceedances of CWA National Pollutant Discharge Elimination System (NPDES) permits for pollutants, such as iron, total suspended solids, aluminum, pH, and manganese, a failure to submit complete and timely disch…
See more on epa.gov

Injunctive Relief

  • The proposed consent decree requires Southern Coal to implement comprehensive injunctive relief at all its mining operations in the Appalachian region. The injunctive relief, costing approximately $5 million, will consist of: 1. preventative measures, including implementation of a company-wide, EPA-approved environmental management system and periodic internal and thir…
See more on epa.gov

Pollutant Impacts

  • Mining can have significant environmental and human health consequences. Mining discharges can impair streams and watersheds. Sediment-laden runoff can result in increased turbidity and decreased oxygen in receiving waters, which in turn can result in loss of in-stream habitat for fish and other aquatic species. Sediment can kill fish directly, destroy spawning beds, suffocate fish …
See more on epa.gov

Health and Environment Effects

  • Southern Coal’s mining operations are located in Appalachia. The surrounding communities are rural, and many of these rural communities rely on fishing and hunting to survive, and surface mining discharges directly impair streams and watersheds. When the injunctive relief is implemented, the proposed consent decree will help reduce the direct exposure of communities …
See more on epa.gov

State and Regional Partners

  • The consent decree was negotiated with the assistance of local agencies in Alabama, Kentucky, Tennessee, and Virginia.
See more on epa.gov

Comment Period

  • The proposed settlement, lodged in the U.S. District Court for the Western District of Virginia, is subject to a 30-day public comment period and final court approval. Information on submitting comments is available at the Department of Justice website.
See more on epa.gov

For More Information, Contact

  • Melissa Raack Office of Enforcement and Compliance Assurance U. S. Environmental Protection Agency 200 Pennsylvania Ave., N.W. Washington, DC 20460 (202) 564-7039 [email protected] Kristin Buterbaugh Office of Enforcement and Compliance Assurance U. S. Environmental Protection Agency 1200 Pennsylvania Ave., N.W. Washington, DC 20460 (202) …
See more on epa.gov

Overview of Companies and Location of Facilities

Violations

Injunctive Relief

Pollutant Impacts

Health and Environment Effects

Civil Penalty

  • Southern Coal Corporation will pay a civil penalty of $900,000, to be split 50/50 between the United States and the state co-plaintiffs; $450,000 to the U.S., and $112,500 to each state. In addition, as part of the settlement, EPA and the state co-plaintiffs were able to include a letter of credit and a standby trust that will guarantee sufficient ...
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State and Regional Partners

Comment Period

For More Information, Contact

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