December 10, 2015
By:
Walter G. Wright
Category:
Arkansas Environmental, Energy, and Water Law
Arkansas Environmental, Energy, and Water Law
Download PDF
The environmental organization Waterkeeper Alliance reports that a coalition of environmental organizations (collectively, “Waterkeeper”) entered into an Agreed Order with Frasure Creek Mining, LLC (“FCM”) to address alleged Clean Water Act violations.
The Kentucky Energy and Environment Cabinet is also a party to the Agreed Order.
The Agreed Order addresses the prior activities of a coal mining operation in Kentucky, which was issued a Kentucky Pollution Discharge Elimination System (“KPDES”) permit. The alleged violations addressed in the Agreed Order include duplicated water monitoring reports, failure to report permit exceedances and KPDES permit exceedances.
A civil penalty of $6 million is assessed. Further, the Agreed Order indicates that FCM has transferred all of its Kentucky mine permits to a third party.
A link to a Waterkeeper Alliance news release and the settlement can be found here http://waterkeeper.org/2015/12/09/citizens-groups-state-reach-historic-settlement-with-coal-company-over-water-pollution/.
The Between the Lines blog is made available by Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C. and the law firm publisher. The blog site is for educational purposes only, as well as to give general information and a general understanding of the law. This blog is not intended to provide specific legal advice. Use of this blog site does not create an attorney client relationship between you and Mitchell Williams or the blog site publisher. The Between the Lines blog site should not be used as a substitute for legal advice from a licensed professional attorney in your state.