Jul 18, 2002 By Jennifer Harr 2 min read

Two Normalville residents filed suit Wednesday against the Bullskin Township limestone surface mine Better Materials Corporation (BMC) and the state Department of Environmental Protection (DEP), claiming that dust from the mine has invaded their home. Jeffrey A. Karfelt and Shelly Murphy of 423 Quill Hill Road asked a Fayette County judge to declare the mine’s permit null and void because the dust is considered air pollution.

The suit claims that, beginning in 2001 and continuing several times weekly, “the forces of wind and BMC’s operation of the mine have caused the discharge of substantial, visible quantities of fugitive dust outside the mine and over Karfelt’s residential property.”

The fallout from the discharge, according to the suit, covered Karfelt’s property, including the residence, with dust. The interior surfaces of the home also are covered with dust from the mine, claims the suit.

The discharged dust is in violation of the Air Pollution Control Act and the Noncoal Surface Mining Conservation and Reclamation Act, according to the suit. Karfelt and Murphy ask that BMC’s mining permit be revoked for violating both.

Additionally, the two ask that BMC be held financially liable for their now-diminished water supply, a condition that apparently started when BMC predecessor Commercial Stone operated the mine, said the suit.

The suit indicates that Karfelt and Murphy have been forced to spend money replacing their water supply by tapping into a municipal water line, which they would not have needed to do were it not for the mine.

The portion of the suit against the DEP claims that the state agency should be ordered to make BMC comply with the state’s regulations.

Karfelt and Murphy are seeking damages in excess of $30,000.