One of the main environmental impacts of Marfork Coal Co.’s operations is polluted run off in to creeks. For the sludge dam, processing plant and refuse pile, there have been 84 combined drainage and sediment control violations. These include 16 black water discharges, 5 gray water discharges, at least one instance where debris slid directly into the stream, at least two instances where coal was deposited directly into a stream, 6 citation orders, 3 violations identified as negative patterns and 17 violations that elicited show cause orders. (All show cause orders were eventually terminated.)
There have been 4 instances where the inspector recorded that discharge affected the Whitesville water treatment plant. NPDES Outlet 001 was out of compliance 23 recorded times. This was usually due to suspended and settable solids levels being too high (but there were other issues, too).
There were 25 drainage violations issued between 9/09/94 and 10/30/96 (one violation a month). There were 53 drainage violations issued between 2/26/98 and 9/20/01 (over 1 violation a month).
Three different show cause orders have been issued: SC #991 and 992 for Marfork Processing (O302493) and SC #1044 for Brushy Fork (O301095).
Notable violations/reports:
Most drainage violations were relatively minor by themselves but because of the number and consistency the consequences became fairly serious (resulting in show cause orders, etc.). Two individual violations that stood out:
- 7/30/01- Marfork Processing O302493 – NOV #68 – A berm and road fill slid in to Little Marsh Fork. The inspector’s comment was: “Since all the material that slid [sic] from the site washed downstream during recent flooding, off-site work is not needed.”
- 12/11/05 – Marfork Processing O302493 NOV #71 – A 10,000 gallon black water spill from the prep plant created a 5 mile long black slug of water in the Coal River. This shut down the Boone/Raleigh PSD (a water treatment plant in Whitesville) for 10.5 hours. Marfork Coal paid just $2048 in fines. A citation order was issued, but modified to a Notice of Violation. The inspection details are as follows:
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- Inspector– Mike Fury
- 12/10/05 – Cessation Order– “(DOV) Description of Violation: Area of operations to be ceased immediately: Prep plant and associated pumping of slurry. Mechanical failure of slurry pump resulted in black water spill of approx. 10,000 gallons. (REM) Remedial Measures: Cease discharge of black water and clean all sediment control structures affected by the spill. Monitor and insure all discharges are in compliance.”
- 12/11/05 – Modified to NOV–”(ATA) Action taken to abate: The prep plant was immediately shut down, the discharge was diverted through a series of ponds and treated. Sediment control structures were cleaned and all discharges were monitored for compliance. The stream was clear 12-11-05. CO is rated as 9–seriousness, 2-negligence, 6 good faith. Mechanical failure of a slurry booster pumps resulted in a 5-mile long black slug of water in the Coal River. The spill resulted in shutdown of Boone/Raleigh PSD for 10 1/2 hours.”
In addition to the drainage violations, there were three violations concerning the construction of the refuse pile (O300594) on 2/06/95, 6/09/95 and 11/28/95. The violation on 2/06/95 elicited a show cause order, which was withdrawn on 7/11/95.
