Appalmad recently negotiated a settlement that will require the Pocahontas Land Corporation apply for a Clean Water Act permit for toxic discharges from the White Flame mountaintop-removal mine in Mingo County. Appalmad attorneys believe that two valley fills at this site have continued to discharge selenium, dissolved solids, sulfates and other pollutants into tributaries of the Tug Fork River.
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Though the Clean Water Act should regulate this type of pollution, the West Virginia Department of Environmental Protection has yet to issue any permits setting out standards for such sites. Appalmad has been pursuing litigation over the last two years to force regulation of these types of sites. We anticipate WVDEP will begin issuing these permits early next year.