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PA WEST VIRGINIA COAL COMPANY MANAGER PLEADS GUILTY
Release Date: 11/20/98
FOR RELEASE: FRIDAY, NOVEMBER 20, 1998
WEST VIRGINIA COAL COMPANY MANAGER PLEADS GUILTY
Paul Kizer, of Shady Spring, W.Va., a manager at the Lady H. Coal Co. of Leivasy, W.Va., pleaded guilty on Nov. 16 in U.S. District Court for the Southern District of West Virginia in Charleston to violating the Clean Water Act. Lady H. operates a coal mining facility, which includes a deep shaft mine, a strip mine, a coal preparation plant and a wastewater treatment system that contains coal slurry settlement ponds. The company had a National Pollution Discharge Elimination System (NPDES) permit to discharge treated wastewater into Hominy Creek, which is a tributary of the Gauley River. Kizer admitted that, on Nov. 11, 1995, he violated the NPDES permit by discharging coal sludge waste into Hominy Creek, using a pipe to drain sludge from the settlement ponds. In addition to making waters unusable for human consumption, recreational and agricultural purposes, discharge of water containing high concentrations of coal sludge into rivers and creeks can kill fish and other aquatic life. When sentenced, Kizer faces a maximum of up to three years imprisonment and/or a fine of up to $250,000. The case was investigated by EPA’s Criminal Investigation Division, the FBI and the West Virginia Department of Environmental Protection.