LOUISVILLE, Ky. (AP) — A court filing says Kentucky officials, environmental groups and an Arch Coal Inc. unit have agreed on the amount the company should pay for Clean Water Act violations at its eastern Kentucky mines.
The document filed Monday in Franklin County says under a proposed settlement, International Coal Group would pay $335,000 to a program that eliminates straight pipe sewers in eastern Kentucky and another $240,000 to help fund water quality studies. The $575,000 settlement has not been finalized.
The total amount is an increase from the $350,000 settlement ICG, a subsidiary of St. Louis-based Arch Coal, reached with Kentucky in 2010. Environmental groups protested the amount at the time, saying it was too low for thousands of water quality violations. The groups later sued and won a bid to intervene in the case.
Bruce Scott, commissioner of Kentucky's Department of Environmental Protection, said Thursday the proposed settlement is higher because regulators added violations that occurred between 2010 and this year.
"These are substantial penalties, and that's not a small dollar amount, certainly in the eyes of most people," Scott said.
Scott said civil penalties leveled by his department typically go to the Kentucky Land Heritage Trust Fund, but in this case the money will be directed to eastern Kentucky "where the issues and concerns are."
A second mining company, Frasure Creek, which was part of the 2010 settlement with the state, has not yet reached an agreement. Scott said the company has financial troubles and is mired in several lawsuits.
A spokeswoman for Arch Coal declined to comment Thursday because the settlement is not finalized.
The environmental groups also declined to comment while the case is pending.
Appalachian Voices of Boone, N.C., New York-based Waterkeeper Alliance and Kentucky Riverkeepers were allowed to intervene in the case last year and had been in mediation talks with state officials and the coal companies for about a year.
The groups had alleged companies falsified water quality reports that were submitted to the state and said they found more than 2,700 violations that would have totaled tens of millions of dollars in fines. When the state announced a $660,000 total settlement with ICG and Frasure Creek in December 2010, the groups moved to intervene.
Scott said the proposed settlement includes a provision that environmental groups pushed for that would set up an agreement with a third party to audit ICG's water quality monitoring and its reporting methods to the state.
The environmental groups also would have their attorney fees paid under the settlement.
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Upper Big Branch
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Crandall Canyon Mine
On Aug. 6, 2007, six miners were trapped in the Crandall Canyon Mine in Huntington, Utah, after roof-supporting pillars <a href="http://www.msha.gov/genwal/ccSummary.asp" target="_hplink">failed</a> and ejected coal over a half-mile area. Ten days later, three more people were killed by a subsequent collapse during the rescue effort.<br><br>According to the <a href="http://www.msha.gov/genwal/ccSummary.asp" target="_hplink">official</a> accident investigation summary released by the Mine Safety and Health Administration, the catastrophe was the result of "an inadequate mine design." Unsafe pillar dimensions and an poor engineering management review contributed to the collapse.<br><br>In the above photo, family and friends carry the the body of Dale Black -- one of the rescue team members -- to his burial site at Huntington City Cemetery.
Darby Mine No. 1
On May 20, 2006, five miners were killed in an explosion at Darby Mine No. 1 in Holmes Mill, Kentucky. According to information <a href="http://www.usmra.com/saxsewell/darby.htm" target="_hplink">released</a> by the United States Mine Rescue Association, the explosion was the result of methane gas that was ignited by the cutting of a metal roof strap.<br><br>The miner who was working on the roof strap with a cutting torch had a functional methane detector tucked away in his pocket, a sign that it was not being used to check continuously for the potentially lethal gas. The USMRA also says a cutting torch should not have been used at the time.
On Jan. 2, 2006, an <a href="http://www.msha.gov/sagomine/sagomine.asp" target="_hplink">explosion</a> at a mine in Sago, W.Va., killed 12 workers and severely injured one. The 13 miners were <a href="http://www.msha.gov/Fatals/2006/Sago/ftl06C1-12.pdf" target="_hplink">forced</a> to barricade themselves within the mine after the explosion -- caused by elevated levels of carbon monoxide and methane -- destroyed 10 seals used to separate a closed area of the mine.<br><br>Ben Hatfield, CEO of the International Coal Group, which owned the Wolf Run Mining Company that ran the Sago Mine, received criticism when the families of the fallen miners were falsely informed that the 12 men had lived. In an interview with NPR, workers and family members who were present when Hatfield broke news of the deaths <a href="http://www.npr.org/templates/story/story.php?storyId=5134307" target="_hplink">described</a> the scene as "chaos."
In March 1976, a succession of explosions at the Scotia Mine in Oven Fork, Ky., claimed a total of 26 lives.<br><br>The first blast happened on March 9, killing 15 men. During rescue efforts on March 11, a second explosion killed 11 more.<br><br>Investigators <a href="http://www.usmra.com/saxsewell/scotia.htm" target="_hplink">concluded</a> that both explosions were caused by the ignition of a methane-air mixture inside the mine.
Consol No. 9
An explosion at the Consol No. 9 mine in Farmington, W.Va, killed 78 people on Nov. 20, 1968. The explosion was followed by raging <a href="http://www.wvculture.org/history/disasters/farmington02.html" target="_hplink">fires</a> that brought rescue operations to a halt.<br><br>A <a href="http://www.npr.org/templates/story/story.php?storyId=97115205" target="_hplink">memo</a> from a federal investigator that surfaced in 2008 revealed that a safety alarm on a ventilation fan had been deliberately disabled before the explosion. The alarm, which hadn't been working for as long as 90 minutes before the blast, could have saved the lives of the 78 miners.<br><br>The tragedy at Farmington led to the <a href="http://www.msha.gov/mshainfo/mshainf2.htm" target="_hplink">passage</a> of the federal Coal Mine Health and Safety Act in 1969. That act paved the way for the <a href="http://www.msha.gov/REGS/ACT/ACTTC.HTM" target="_hplink">Federal Mine Safety and Health Act of 1977</a>, the legislation that currently governs the Mine Safety and Health Administration's activities.
On Nov. 13, 1909, a fire killed hundreds of workers in a coal mine in Cherry Hill, Illinois.<br><br>According to <a href="http://www.usmra.com/saxsewell/cherry.htm" target="_hplink">reports</a> from the United States Mine Rescue Association, kerosene torches were used that day after the mine's electrical system broke down. Hay brought into the mine to feed mules that worked underground caught fire after being parked under one of the torches.<br><br>The fire quickly spread, causing the deaths of 259 men and boys who worked in the mine.
Monongah Nos. 6 And 8
On Dec. 6, 1907, explosions occurred at a pair of nearby mines in <a href="http://www.msha.gov/disaster/monongah/monon1.asp" target="_hplink">Monongah</a>, West Virginia, killing 362 men and boys. The blast could be felt as far as eight miles away.<br><br>It wrecked the mine's ventilation system, allowing toxic gas to fill the area and hinder rescue efforts. Though investigators aren't certain of the <a href="http://www.usmra.com/saxsewell/monongah.htm" target="_hplink">cause</a> of the explosion, it was probably started by the ignition of firedamp -- combustible gas made up mostly of methane -- and coal dust within the mine.