CHARLESTON – A state agency alleges that a coal mining company is unlawfully discharging pollutants in excess of its permit levels in Kanawha County.
Harold D. Ward, acting director division of water and waste management West Virginia Department of Environmental Protection, filed a complaint in Kanawha Circuit Court against Revelation Energy LLC citing the Water Pollution Control Act and the Surface Coal Mining and Reclamation Act.
The suit states that the defendant manages, controls and directs environmental compliance at a surface mine in the county that is subject to the terms of a National Pollutant Discharge Elimination System (NPDES) permit. The suit states the permit regulates the defendant's discharges into the Kanawha and Coal river watersheds.
The plaintiff alleges that discharging monitoring reports show that the defendant is discharging pollutants in excess of permit limits.
The plaintiff is seeking to enjoin the defendant from discharging pollutants except as authorized, all reasonable sums due, attorney fees and court costs. The plaintiff is represented by Jason Wandling of the West Virginia Department of Environmental Protection Office of Legal Services in Charleston.
The case has been assigned to Judge Charles King.
Kanawha Circuit Court case number 19-C-235