On Aug. 4, the U.S. Department of Justice lodged a proposed Consent Decree with the U.S. District Court for the Western District of Pennsylvania in a lawsuit against coal producer CONSOL Energy (NYSE: CNX).
The proposed Consent Decree will resolve Clean Water Act and associated state claims alleged in this action by the United States and the Pennsylvania Department of Environmental Protection Against CONSOL Energy, CNX Coal Resources LP and Consol Pennsylvania Coal Company LLC for the discharge of pollutants from the Bailey Mine Complex in Greene and Washington counties, Pennsylvania, into state waters and waters of the United States in violation of limits in National Pollutant Discharge Elimination System (NPDES) permits.
Under the proposed Consent Decree, defendants will perform injunctive relief including implementing water management measures to prevent contaminated discharge, conducting longterm monitoring to ensure sufficient storage capacity to prevent future discharges, developing contingency plans should future discharges become likely, and implementing an environmental management system to ensure compliance with the Clean Water Act and other applicable environmental laws. Also, the defendants will pay a total civil penalty of $3 million in three installments, with the last payment on Jan. 15, 2018.
The publication of a notice in the Aug. 10 Federal Register opens a 30-day period for public comment on the Consent Decree.