This article originally provided by The Charleston Gazette

March 2, 2006

Vivian Stockman

Massey sludge pond shows need for safety legislation

Citizens from southern West Virginia have been trekking to the state Capitol to tell legislators their stories. They live in fear of the next coal sludge impoundment break. They say the emergency evacuation plans that coal companies file to get their impoundment permits are worthless. They say that coal slurry injected into underground mines has apparently made its way into their water wells, slowly poisoning them. They ask that legislators support the Sludge Safety Bill, HB 4583.

Residents of the Kanawha Valley (and anywhere in West Virginia) might want to ask the same of their lawmakers.

Near London, about 25 miles upstream of Charleston, Massey Energy operates the Dunn Hollow sludge impoundment, which Massey purchased when it took over Horizon’s Cannelton mine (now Mammoth Mine). It is permitted to hold 1.28 billion gallons of slurry.

The impoundment is nearly full, according to literature United Mine Workers members distributed in eastern Kanawha County soon after the Massey takeover. The members weren’t only raising awareness about Massey’s union-busting, pension-dumping ways — they were also raising alarm over the immense environmental and economic harm that could occur if the sludge dam fails. The Mine Safety and Health Administration rates the dam as one that could cause loss of human life and major infrastructure damage if it failed.

Remember when “only” 300 million gallons of sludge exploded out of a partially-failed Massey Energy impoundment in Inez, Ky.? Seventy-five miles of waterway were smothered in black muck. Aquatic life was annihilated. People’s yards, gardens and driveways were buried in seven feet of lava-like goo. Many said it was a miracle no people died. The EPA called it the worst environmental disaster ever in the southeast.

The deadly 1972 Buffalo Creek tragedy involved 132 million gallons of coal waste.

It’s hard to imagine what would happen if part or all of the 1.28 billion gallons of slurry in the Dunn Hollow impoundment escaped. Annihilation of aquatic life in the Kanawha River is a given — the only question is how far downstream. People could very well die if there was no warning. West Montgomery might not fare well. Homes along the Kanawha River would be in peril. The mess would be disgusting, likely toxic and long-lasting.

As happened with the partial failure of Massey’s Inez impoundment, water supply pipes would have to be shut down. Industries that draw water from the river would have to stop operating. The UMW members’ flier noted the possibility of the London and Marmet locks being washed out. Coal barges would come to a standstill. Train tracks and routes 60 and 61 could be affected. Even the John Amos power plant, which serves as a point for distributing coal elsewhere, could be affected.

Will this nightmare scenario ever unfold?

Just 40 days after Massey took over this impoundment, the flier says, the company received an MSHA notice of violation on the Dunn Hollow impoundment for not implementing the design, construction and maintenance plan approved by the MSHA district manager. Who knows what other more recent citations the secretive MSHA has issued.

Why would a government that cares about homeland security allow the potential for this scenario? There’s no excuse because alternatives to coal sludge impoundments and coal slurry injection do exist — just Google the words “filter press coal waste.” Sadly, a filter press, also known as a dry or belt press, sat idle at the site of the Inez sludge disaster.

Please contact your legislators to discuss your concerns about coal sludge impoundments. By the time you read this, the Sludge Safety Bill, HB 4583, may have been shunted to a committee for study during the legislative interims, but the issue of coal sludge safety certainly won’t die with the legislative season.

The people who have been speaking about this issue at the Capitol have made it clear that the need for mine safety extends far beyond the mine gate. Legislative action and follow up enforcement can prevent new coal sludge impoundment disasters.

Learn more about Dunn Hollow and the other 150 or so impoundments around the state at www.coalimpoundment.org/locate/list.asp.

Stockman is a member of the Sludge Safety Project (www.sludgesafety.org) and project coordinator for the Huntington-based Ohio Valley Environmental Coalition.