Environmental advocates sue Luzerne business
An environmental advocacy group has filed a federal lawsuit against a Luzerne Township business that operates a coal mine dump along the Monongahela River, accusing the company of violating federal and state regulations governing water and air pollution.
Citizens Coal Council (CCC), whose mission is “to inform, empower and work for and with communities affected by the mining, processing and use of coal,” is asking for an injunction against Matt Canestrale Contracting (MCC), the owner and operator of a mining refuse dump in LaBelle.
The injunction would prevent the company from committing further alleged violations of the federal Resource Conservation and Recovery Act, and the Pennsylvania Clean Streams Law, Air Pollution Control Act and Surface Mining Conservation and Reclamation Act.
CCC is based in Bridgeville, but court documents indicate at least 49 of its members live or work within a mile of the LaBelle refuse site.
“These members own homes and raise their families near the refuse site and would like to hunt, fish, engage in other recreation on and along the Monongahela river and its tributaries near the refuse site,” the lawsuit says, “but refrain from doing so because of pollution.”
According to the suit filed Wednesday, the 507-acre site contains 362 acres of area affected by coal refuse disposal activities. The refuse site consists of about 40 million tons of waste, two coal slurry ponds and millions of cubic yards of coal ash piled tens of feet deep on top of the coal refuse, “which, together, form a large mound of toxic waste,” CCC contends.
“Drainage seeping from the refuse site at several locations is flowing to waters of the Commonwealth of Pennsylvania without a permit,” the suit notes.
“Coal refuse is acidic and contains high levels of environmentally toxic metals like iron and manganese,” CCC claims. Coal ash waste is generally alkaline and also contains high levels of environmentally toxic heavy metals.
“Water that contacts with coal refuse and coal ash waste creates leachate that enters ground or surface waters and threatens the health of local communities, makes groundwater unsafe to drink, harms aquatic and other wildlife and pollutes rivers and streams,” according to the suit. “Leachate from both types of waste also causes high levels of salts in water, which is harmful to aquatic and other wildlife and freshwater streams.”
The suit includes data collected from four streams near the LaBelle refuse site, noting that the pollutants found in those streams are contained in the coal ash and mine waste.
“There is no other credible source of these pollutants in the area,” the suit alleged.
CCC contends that while coal ash waste is supposed to neutralize the acidic coal refuse, and this is considered a form of treatment, the coal ash waste does not treat or neutralize the effects of other toxic substances entrained in coal refuse waste but instead adds additional pollution.
“According to DEP files,” the suit reads, “the mining waste dump at the refuse site has a history of environmental problems, including stability issues, water pollution, groundwater infiltration and fugitive particulate matter pollution.”
The state Department of Environmental Protection (DEP) has issued violations to MCC at least nine times since 1999 for faulty erosion and sedimentation controls, exceedances of effluent standards or issues with compaction standards at the refuse site, the suit contends.
The plaintiffs note that the DEP has ordered FirstEnergy to close its Little Blue Run coal ash impoundment in Hookstown, Beaver County, by 2016 because the leaking impoundment “may present an imminent and substantial endangerment to health and the environment.”
“MCC has entered into an agreement to dispose of the coal ash waste that is currently being disposed at Little Blue Run after that impoundment closes,” CCC pointed out.
Additionally, the suit claims MCC operates a staging area on an adjacent parcel of property, where coal ash is received from barges that transport it from coal-burning facilities. CCC claims the operating permit for air pollutant emissions states that all trucks carrying bulk material are required to cover their payload with tarp, but CCC says it has photo and video evidence of trucks hauling the material with no such cover.
CCC quoted the Environmental Protection Agency as saying fugitive air pollution associated with coal ash can cause adverse human health effect, due to inhalation of tiny particles that cause “a host of cardio and pulmonary mortality and morbidity effects.”
MCC principals Matt and Lorraine Canestrale could not be reached for comment.
As of press time, the attorney representing them, William Gorton of the law firm Stites and Harbison in Lexington, Ky., did not return call for comment.