FOR IMMEDIATE RELEASE ENR TUESDAY, JANUARY 30, 1996 (202) 616-2771 TDD (202) 514-1888 SOUTHERN OHIO COAL COMPANY TO RESTORE OHIO RIVER TRIBUTARIES DEVASTATED BY DISCHARGES OF MINE WASTES WASHINGTON, D.C. -- The Southern Ohio Coal Company will spend almost $2 million to improve the ecological quality of the Leading Creek watershed in Southeastern Ohio, and also will restore two streams that were damaged by the company's release of approximately one billion gallons of untreated or partially treated acidic mine wastes in 1993. The discharge of acid mine drainage killed virtually all fish life along a 15 mile stretch of Leading Creek and caused additional damage to Raccoon Creek, both tributaries of the Ohio River. Under the terms of the consent decree with the U.S. Environmental Protection Agency, the U.S. Department of Justice, and the U.S. Department of the Interior, which was filed simultaneously with a civil lawsuit by the Environmental Protection Agency and the Department of Justice in Federal District Court in the Southern District of Ohio, Eastern Division, the Southern Ohio Coal Company also will pay $200,000 in Clean Water Act civil penalties for the discharges of acid (MORE) mine drainage, a wastewater containing iron sulfates, nickel, zinc, and other metals, which occurred when the company released the wastewater from a flooded coal mine located in Meigs County, Ohio. "In settling this case, the Environmental Protection Agency and the Department of Justice have followed a basic principle -- polluters should be required to pay for and correct the environmental damage they cause," said Steve Herman, the Environmental Protection Agency's Assistant Administrator for Enforcement and Compliance Assurance. "This comprehensive settlement will ensure that these waters will again be valuable ecological and recreational resources for the citizens of Southeastern Ohio." "The settlement demonstrates the Administration's commitment to making sure polluters restore natural resources so they can be enjoyed for future generations. It also carries out the public's view that clean water remains an important national goal," said Lois Schiffer, Assistant Attorney General in charge of the Justice Department's Environment and Natural Resources Division. The agreement was developed in cooperation with the U.S. Department of Interior's Fish and Wildlife Service and Office of Surface Mining and Reclamation, and the Ohio Environmental Protection Agency. The Southern Ohio Coal Company will restore the affected streams to their pre-discharge condition. The restoration plan for Leading Creek and Raccoon Creek was developed in coordination with Ohio's Environmental Protection (MORE) Agency and Department of Natural Resources. A series of "ecological endpoints," -- numerical indicators of the health of the flora and fauna of the impacted water bodies -- will be used to measure the progress made in meeting ecological goals. In addition, as compensation for the lost use of this resource during its recovery and to further enhance restoration efforts, the Southern Ohio Coal Company also has agreed to complete the Leading Creek Watershed Improvement Plan. The company will undertake an assessment of the entire watershed, produce a study with recommendations on improving it to a better than pre-discharge condition, and provide $1.9 million to implement the recommendations, which will be conducted by the U.S. Fish and Wildlife Service. Under the terms of the settlement, in addition to the Clean Water Act penalty, the Southern Ohio Coal Company will also pay a $100,000 civil penalty to the U.S. Office of Surface Mining for violation of the Surface Mining Control and Reclamations Act, as well as reimburse the Environmental Protection Agency $230,000 and the Office of Surface Mining $10,200 for their original assessments of damages related to the 1993 discharges. The company also will pay $100,000 to the State of West Virginia for acts to benefit fauna projects in the Ohio River, which may affect the Leading Creek system. ### 96-034