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Wednesday, June 29, 2011

Strip-coal companies that promised to correct water violations in E. Ky. are polluting again

"Two coal companies, accused by environmental groups of polluting Eastern Kentucky streams, continued to dump pollutants into streams at higher levels than their permits allow after an agreement with the state to correct the problem," Ronnie Ellis reports for Community Newspaper Holdings Inc., which has papers in the region.

Frasure Creek Mining and International Coal Group agreed to correct the problems and pay fines, but the environmental groups said the settlement with the state didn't protect the public interest, and gave notice of intent to file a similar suit against another Kentucky coal company, Nally and Hamilton Enterprises. (Kentuckians for the Commonwealth copyrighted photo by Kevin Pentz: Frasure Creek mine at head of Brushy Fork in Floyd and Magoffin counties)

Frasure Creek and ICG reported their latest violations to the state. Ellis reports the companies' reports show "pollution levels as much as eight to 15 times above allowable, permitted levels of several pollutants," according to affadavits filed by Donna Lisenby, director of water programs for Appalachian Voices, one of the environmental groups, and her assistant, Eric Chance, in Franklin Circuit Court in the state capital of Frankfort.

The environmental groups contend that the companies or their contractors have falsified water-quality monitoring data. Appalachian Voices released a graph analyzing how the reported levels of conductivity in water coming from Frasure Creek mine sites went down when the Environmental Protection Agency issued a guidance using conductivity as a standard, then remained stable until the reporting problem was discovered:
"In the proposed settlement worked out by the cabinet and the coal companies in December, the problems were attributed in part to errors on the DMRs and to inaccurate or faulty testing by outside laboratories, Ellis reports, then quotes Lauren Waterworth, co-counsel for the environmental groups: “These most recent violations are indicative of a true pollution problem and not just an administrative or paper violation. It shows state enforcement has not been effective.” (Read more) For more from Appalachian Voices, click here.

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