DEP Revokes Amendment, Must Pay Legal Fees

Washington PA Observer-Reporter
3 April 2010

The Pennsylvania Environmental Hearing Board has ordered the state to pay legal fees of two environmental groups that challenged an amendment to the pollution discharge permit for the Shannopin Mine water treatment plant.

The board issued the order after DEP revoked the amendment, which would allow the treatment plant to accept additional water from the Humphrey No. 7 Mine pool without treating it for total dissolved solids and other pollutants.

"DEP did the right thing by acknowledging the errors raised in our appeal and revoking the permit revision for the proposed Calvin Run pumping operation," said Kurt Weist, senior attorney for Citizens for Pennsylvania's Future, which filed the appeal with the Friends of Dunkard Creek.

"That revocation is important because it prevents the pumping of additional high-TDS mine drainage out of Consol's Humphrey Mine and into Dunkard Creek," he said. According to the hearing board's order, DEP must pay $20,000 in legal fees to PennFuture.

The groups filed the appeal in January challenging a permit amendment granted Nov. 30 by DEP for AMD Reclamation Inc.'s Shannopin treatment plant. They maintained the amendment was approved by the DEP without public notice.

AMD built the plant in 2003 with state funding to treat polluted water from the abandoned Shannopin Mine. Acidic water in the mine had reached a level at which it could breach the surface and pollute Dunkard Creek.

The groups maintained the amendment would allow the plant to take additional water from Consol Energy's Humphrey No. 7 Mine, where no breakout risk exists, and to treat that water only minimally before discharging it into Dunkard Creek.

The permit amendment was granted by DEP despite a finding nine months earlier by a DEP biologist that the Shannopin plant's discharge into Dunkard Creek contained high levels of sulfates and total dissolved solids and had damaged aquatic life in the stream.

Approval of the amendment also came two months after a massive fish kill on more than 40 miles of Dunkard Creek upstream from the treatment plant.

The Shannopin plant cannot treat for total dissolved solids and was originally issued a permit to discharge mine water under less restrictive standards because of the threatening breakout.

The renewal of the plant's discharge permit is now more than 18 months overdue, the groups said. DEP's water quality experts earlier recommended more stringent water quality limits be included in the permit renewal.

"The only reason mine drainage from Consol's Humphrey Mine makes its way into Dunkard Creek is that DEP allowed it to be transferred into the Shannopin Mine," said Jim O'Connell of the Friends of Dunkard Creek.

DEP in 2005, without public notice, authorized the transfer of nearly 6 million gallons of mine drainage a day into the Shannopin Mine from the Humphrey mine pool.

"Until the Shannopin Project's discharge meets the more stringent contaminant limits recommended a year ago, DEP should minimize the damage by shutting down the transfer of water from Humphrey to Shannopin and reducing the amount of water pumped from the Shannopin Mine into Dunkard Creek," O'Connell said.

DEP documents indicate Shannopin pumps could be shut off for almost 10 years before an outbreak would occur and the only reason the pumps operate at current levels is to handle water transferred from Humphrey, the groups claim.

"The sole purpose for that transfer is to allow the mining of coal reserves above the Humphrey Mine," O'Connell said.

AMD Reclamation is a nonprofit corporation formed by GenPower LLC, the company that developed the Longview Power Plant in Monongalia County, W.Va., and Dana Mining Co.

AMD constructed the plant not only to prevent a break out of acidic mine water from Shannopin but also to allow Dana to mine Sewickley seam coal above the Pittsburgh seam that had been mined by Shannopin.

AMD's application for the permit amendment to DEP stated the plan would assist in controlling the Humphrey mine pool and would allow for mining of the Sewickley seam coal by Dana in the area of the Humphrey Mine.

A DEP spokesman not be reached Friday for comment.