Summary of Criminal Prosecutions
FISCAL YEAR: 2012
1. PRINCIPAL DEFENDANT: David Bartsch
S.D. Ohio 2:11CR0018
S.D. Ohio 2:11CR0018
2. DEFENDANT: Donald Meadows
S.D. Ohio 2:11-CR-49
S.D. Ohio 2:11-CR-49
3. DEFENDANT: Ohio Valley Coal Company
S.D. Ohio 2:12CR137
S.D. Ohio 2:12CR137
On February 28, 2008, 22 miles of Captina Creek, in the State of Ohio was turned black by a slurry discharge from the Ohio Valley Coal Company (OVCC). Captina Creek is one of the highest quality streams in the State of Ohio with numerous sensitive fish species as well as the only known location in the State of Ohio where the state endangered (federally threatened) Hellbender Salamander is actively breeding.
OVCC was permitted to passively discharge clarified water to a "decant structure" from its Number 2 Slurry Impoundment under conditions of its NPDES permit, issued by the Ohio EPA, to include meeting water quality criteria of the effluent discharge and recording flow. In or about August 2007, OVCC requested and received permission from the Ohio EPA to relocate the decant structure location of the Number 2 Slurry Impoundment. OVCC notified the Ohio EPA that it was ceasing discharging from the Number 2 Slurry Impoundment and dismantled the sampling and flow monitoring station in anticipation of moving it to a new decant structure location, when constructed. In January 2008, OVCC began pumping water to the new decant structure without conducting the NPDES Permit prescribed sampling and monitoring. This activity was being done under the direction of the Plant Manager, Don Meadows, with knowledge of the facility Environmental Coordinator, David Bartsch. Unmonitored discharges to the new decant structure occurred in January and almost daily "24/7" in the month of February, culminating in the slurry release event on February 28, 2008. Evidence suggests that the Meadows and Bartsch took actions to conceal the fact that they had been pumping water to the new decant structure, once the spill was revealed.
OVCC was permitted to passively discharge clarified water to a "decant structure" from its Number 2 Slurry Impoundment under conditions of its NPDES permit, issued by the Ohio EPA, to include meeting water quality criteria of the effluent discharge and recording flow. In or about August 2007, OVCC requested and received permission from the Ohio EPA to relocate the decant structure location of the Number 2 Slurry Impoundment. OVCC notified the Ohio EPA that it was ceasing discharging from the Number 2 Slurry Impoundment and dismantled the sampling and flow monitoring station in anticipation of moving it to a new decant structure location, when constructed. In January 2008, OVCC began pumping water to the new decant structure without conducting the NPDES Permit prescribed sampling and monitoring. This activity was being done under the direction of the Plant Manager, Don Meadows, with knowledge of the facility Environmental Coordinator, David Bartsch. Unmonitored discharges to the new decant structure occurred in January and almost daily "24/7" in the month of February, culminating in the slurry release event on February 28, 2008. Evidence suggests that the Meadows and Bartsch took actions to conceal the fact that they had been pumping water to the new decant structure, once the spill was revealed.
January 27, 2011
Bartsch was charged with one count of violating the CWA {33 U.S.C. 1319(c)(1) - knowingly violates}.
CITATION: 33 U.S.C. 1319(c)(1)
February 16, 2011
Bartsch pled guilty to the charge.
March 8, 2011
Meadows was charged with one count of violating the CWA {33 U.S.C. 1319(c)(1)}.
March 28, 2011
Meadows pled guilty to the charge.
May 26, 2011
Bartsch was sentenced to 12 months probation, ordered to pay a $2,500 federal fine and to perform 104 hours of community service.
June 23, 2011
Meadows was sentenced to 12 months probation, ordered to pay $2,500 in federal fines and to perform 156 hours of community service.
July 5, 2012
OVCC was charged with two counts of violating the CWA {33 U.S.C. 1319(c)(1)}.
July 13, 2012
OVCC pled guilty to the charge.
Press Release Department of Justice
Southern District of Ohio July 13, 2012 OHIO VALLEY COAL COMPANY PLEADS GUILTY TO VIOLATING CLEAN WATER ACT COLUMBUS – The Ohio Valley Coal Company (OVCC) pleaded guilty today before a U.S. Magistrate Judge to criminal violations of the Clean Water Act arising from two coal slurry release incidents that polluted Captina Creek in Belmont County, Ohio. OVCC operates a mining facility in Alledonia, Ohio. Carter M. Stewart, United States Attorney for the Southern District of Ohio, Randall K. Ashe, Special Agent in Charge of the U.S. Environmental Protection Agency (U.S. EPA), and Scott J. Nally, Director of the Ohio Environmental Protection Agency (Ohio EPA), announced the guilty pleas entered before U.S. Magistrate Judge Terence P. Kemp. Terms of a plea agreement presented to the court call for $7,050,000 in fines, penalties, restitution and improvements related to incidents that occurred in 2008 and 2010. In January and February 2008, the company negligently failed to sample and monitor the flow of pollutants discharged from its holding pond at Powhatan Mine Number 6 into Perkins Run, which flows into Captina Creek. The illegal discharge of coal slurry turned the creek black for 22 miles downstream. In October 2010, a pipeline rupture at a coal preparation plant in Beallsville led to the discharge of untreated slurry into Captina Creek in violation of the company’s wastewater discharge permit. If the court accepts the terms of the plea agreement, OVCC will pay a criminal fine of $500,000 and $87,000 in restitution to the Ohio EPA for the analysis and protection of Captina Creek. In addition, to reduce the chances of spills in the future, OVCC certified that it has spent $6 million to install a pipeline system with double-walled features to improve pipeline integrity. OVCC will implement and install such equipment and training as necessary to force a shutdown of the flow of slurry in the pipeline in the event of a pipeline failure. The plea agreement also calls for the company to serve a one-year term of probation during which time they will develop a slurry release prevention and emergency response plan to protect public health and the environment, and submit the plan to Ohio EPA for approval. “The defendant admitted discharging pollutants into Captina Creek without sampling or monitoring as required, and in the process impacted the Captina Creek ecosystem.” said Randall Ashe, Special Agent in Charge of EPA’s criminal enforcement program in Ohio. “Besides paying considerable fines and restitution, the defendant has agreed to spend no less than $6 million dollars on replacing its existing pipeline with a new and improved conveyance system. Today’s pleas send a clear message to other potential violators that corporations will be held responsible for environmental crimes.” Magistrate Judge Kemp will review the plea agreement and schedule future hearings in the case. In a civil action, OVCC will pay the Ohio Department of Natural Resources a $91,000 penalty and $4,000 for all natural resource damages, which includes any loss of fish, amphibians, wildlife and any pending or unasserted penalties or assessments from ODNR for the 2010 slurry discharge from the pipeline incident. The company will also pay Ohio EPA an administrative penalty of $184,000 for the 2008 slurry discharge and an administrative penalty of $184,000 for the 2010 slurry discharge from the pipeline incident. Two managers of OVCC have pleaded guilty to environmental crimes associated with the 2008 slurry release. On May 26, 2011, David Bartsch, Environmental Manager at OVCC, was sentenced to one year of probation, 104 hours of community service (to be served on company time), and a $2,500 criminal fine based on his conviction for negligently failing to report discharges from the OVCC impoundment in January 2008. On June 22, 2011, Donald Meadows, a manager for OVCC, was sentenced to one year of probation, 156 hours of community service, and a $2,500 criminal fine for negligently violating the Clean Water Act by allowing the discharge of collected slurries from an impoundment into Captina Creek on or about February 28, 2008. Captina Creek is considered an Outstanding State Water by Ohio EPA and an Aquatic Resource of National Interest by the U.S. EPA. Captina Creek is also listed as an Exceptional Warm Water Habitat, the highest designation for stream habitat in Ohio. It is home to high-quality and pollution-sensitive fish and other wildlife populations, including the federally threatened species and state endangered Eastern Hellbender. Captina Creek is the only known location in Ohio where juvenile Eastern Hellbender salamanders have been found, indicating that the adults are reproducing. Stewart commended the cooperative investigation by federal and state law enforcement agencies who investigated the case, and Assistant United States Attorney J. Michael Marous who is prosecuting the case.
Press Release Department of Justice
Southern District of Ohio July 13, 2012 OHIO VALLEY COAL COMPANY PLEADS GUILTY TO VIOLATING CLEAN WATER ACT COLUMBUS – The Ohio Valley Coal Company (OVCC) pleaded guilty today before a U.S. Magistrate Judge to criminal violations of the Clean Water Act arising from two coal slurry release incidents that polluted Captina Creek in Belmont County, Ohio. OVCC operates a mining facility in Alledonia, Ohio. Carter M. Stewart, United States Attorney for the Southern District of Ohio, Randall K. Ashe, Special Agent in Charge of the U.S. Environmental Protection Agency (U.S. EPA), and Scott J. Nally, Director of the Ohio Environmental Protection Agency (Ohio EPA), announced the guilty pleas entered before U.S. Magistrate Judge Terence P. Kemp. Terms of a plea agreement presented to the court call for $7,050,000 in fines, penalties, restitution and improvements related to incidents that occurred in 2008 and 2010. In January and February 2008, the company negligently failed to sample and monitor the flow of pollutants discharged from its holding pond at Powhatan Mine Number 6 into Perkins Run, which flows into Captina Creek. The illegal discharge of coal slurry turned the creek black for 22 miles downstream. In October 2010, a pipeline rupture at a coal preparation plant in Beallsville led to the discharge of untreated slurry into Captina Creek in violation of the company’s wastewater discharge permit. If the court accepts the terms of the plea agreement, OVCC will pay a criminal fine of $500,000 and $87,000 in restitution to the Ohio EPA for the analysis and protection of Captina Creek. In addition, to reduce the chances of spills in the future, OVCC certified that it has spent $6 million to install a pipeline system with double-walled features to improve pipeline integrity. OVCC will implement and install such equipment and training as necessary to force a shutdown of the flow of slurry in the pipeline in the event of a pipeline failure. The plea agreement also calls for the company to serve a one-year term of probation during which time they will develop a slurry release prevention and emergency response plan to protect public health and the environment, and submit the plan to Ohio EPA for approval. “The defendant admitted discharging pollutants into Captina Creek without sampling or monitoring as required, and in the process impacted the Captina Creek ecosystem.” said Randall Ashe, Special Agent in Charge of EPA’s criminal enforcement program in Ohio. “Besides paying considerable fines and restitution, the defendant has agreed to spend no less than $6 million dollars on replacing its existing pipeline with a new and improved conveyance system. Today’s pleas send a clear message to other potential violators that corporations will be held responsible for environmental crimes.” Magistrate Judge Kemp will review the plea agreement and schedule future hearings in the case. In a civil action, OVCC will pay the Ohio Department of Natural Resources a $91,000 penalty and $4,000 for all natural resource damages, which includes any loss of fish, amphibians, wildlife and any pending or unasserted penalties or assessments from ODNR for the 2010 slurry discharge from the pipeline incident. The company will also pay Ohio EPA an administrative penalty of $184,000 for the 2008 slurry discharge and an administrative penalty of $184,000 for the 2010 slurry discharge from the pipeline incident. Two managers of OVCC have pleaded guilty to environmental crimes associated with the 2008 slurry release. On May 26, 2011, David Bartsch, Environmental Manager at OVCC, was sentenced to one year of probation, 104 hours of community service (to be served on company time), and a $2,500 criminal fine based on his conviction for negligently failing to report discharges from the OVCC impoundment in January 2008. On June 22, 2011, Donald Meadows, a manager for OVCC, was sentenced to one year of probation, 156 hours of community service, and a $2,500 criminal fine for negligently violating the Clean Water Act by allowing the discharge of collected slurries from an impoundment into Captina Creek on or about February 28, 2008. Captina Creek is considered an Outstanding State Water by Ohio EPA and an Aquatic Resource of National Interest by the U.S. EPA. Captina Creek is also listed as an Exceptional Warm Water Habitat, the highest designation for stream habitat in Ohio. It is home to high-quality and pollution-sensitive fish and other wildlife populations, including the federally threatened species and state endangered Eastern Hellbender. Captina Creek is the only known location in Ohio where juvenile Eastern Hellbender salamanders have been found, indicating that the adults are reproducing. Stewart commended the cooperative investigation by federal and state law enforcement agencies who investigated the case, and Assistant United States Attorney J. Michael Marous who is prosecuting the case.
August 1, 2012
OVCC was sentenced to pay a criminal fine of $500,000 to the United States and $87,000 in restitution to the Ohio EPA for the analysis and protection of Captina Creek. OVCC was also sentenced to a one-year term of probation during which time they will develop a slurry release prevention and emergency response plan to protect public health and the environment, and submit the plan to Ohio EPA for approval.
STATUTE:
- Clean Water Act (CWA)