West Virginia To Treat Water Pollution at Forfeited Coal Mines

On May 11th, West Virginia committed to a schedule for treating mining pollution generated from seven former mine sites now owned and managed by the WV Department of Environmental Protection (WVDEP).When mine operators in West Virginia go out of business, before they complete all of the reclamation required by law, the state becomes responsible for finishing the clean-up, including managing any water pollution coming from the site. However, coal mines continue to generate harmful water pollution long after the mines are shut down. West Virginia has now committed in two consent decrees entered in federal court to treating a variety of mining pollutants currently being discharged into streams at levels that exceed water quality standards and permit limits from sites in Barbour, Nicholas, and Preston counties. The groups participating in today’s agreements are West Virginia Highlands Conservancy, West Virginia Rivers Coalition, and Sierra Club.

“Today’s agreement recognizes what we’ve all known for a long time, that coal mines – even reclaimed mines or mines in the process of reclamation – discharge harmful mining pollutants into West Virginia streams,” said Jim Kotcon, Chair of Sierra Club’s West Virginia Chapter. “What we really need now is for the state to recognize that it must account for this pollution before it authorizes new mining, otherwise we’re going to keep creating more of these toxic sites.”

“Setting specific goals and timelines for WVDEP to clean up pollution from these forfeited mine sites is an essential part of these agreements,“ said Cindy Rank of the West Virginia Highlands Conservancy.  “The streams in question have been degraded long enough and improving the water quality will benefit the people who live nearby and those who visit to recreate.”

“We’re glad the WVDEP agreed to get the pollution reduction of these sites on track,” said Angie Rosser, Executive Director of the West Virginia Rivers Coalition. “It’s looking like cleaning up abandoned mines will become more and more of a burden for our state. We must see that the WVDEP can get the pollution from these sites under control, or we’re in big trouble.”

The groups were represented in the underlying litigation by attorneys with Appalachian Mountain Advocates and Public Justice.