Citizens groups seek to ensure Kentucky officials enforce Clean Water Act

Coal company again submitting false reports

A coalition of citizens groups late Friday filed a motion to intervene in a state enforcement action against Frasure Creek Mining for violating the Clean Water Act at its coal mining operations in eastern Kentucky. Last November, the groups identified thousands of instances where Frasure Creek had falsified water pollution discharge monitoring reports and sent the company a notice of their intent to sue. In response, the Kentucky Energy and Environment Cabinet filed a complaint against Frasure Creek for these violations in the agency’s administrative court.

The groups are seeking to intervene in the state’s enforcement action to ensure that Frasure Creek is held fully accountable for the violations, and that the state secures sufficient corrective action, which is particularly important because of the company’s past violations. In 2010, citizens’ groups had uncovered similarly falsified discharge monitoring reports by Frasure Creek, and sent the company a notice of intent to sue to enforce the Clean Water Act. The state stepped in, pre-empting the lawsuit, and reached a settlement with Frasure Creek that amounted to a slap on the wrist. The settlement was thrown out by Franklin Circuit Court Judge Phillip Shepherd in December, but the state has appealed.

“The cabinet’s previous enforcement actions were clearly too weak, because Frasure Creek has returned to its practice of covering up pollution violations by re-using old data,” said Eric Chance, Water Quality Specialist for Appalachian Voices. “We want to make sure enforcement is adequate this time.”

“The people of Kentucky deserve clean water, and companies need to know that they can’t hide behind an agency that accepts false reports,” said Ted Withrow, a former cabinet employee, now a volunteer for Kentuckians For The Commonwealth.

“Frasure Creek is not the only company turning in false reports to the state, and the cabinet needs to make an example out of them,” said Kentucky Riverkeeper Pat Banks. “Without accurate information, how can we expect to have real enforcement, or know if our water is safe?”

Today’s motion to intervene was sent by Appalachian Voices, Kentucky Riverkeeper, Kentuckians For The Commonwealth, Waterkeeper Alliance and the Sierra Club. The groups are represented by Mary Cromer of Appalachian Citizens Law Center, attorney Lauren Waterworth, and the Pace Law School Environmental Litigation Clinic.

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