PA Contractor Faces Possible Lawsuit for Violations of Federal & State Pollution Laws at Coal Mine Dump

Groups File Notice of Intent to Sue Matt Canestrale Contracting, Inc. for Improper Disposal of Hundreds of Thousands of Tons of Coal Ash Waste at LaBelle Coal Mine Dump

March 13, 2013

Attorneys from Environmental Integrity Project (EIP) and Public Justice representing PA-based Citizens Coal Council (CCC) announced today the filing of a notice of intent to sue (NOI) Matt Canestrale Contracting, Inc. (MCC), for violations of Pennsylvania’s Clean Streams Law, Air Pollution Control Act, and Surface Mining Control and Reclamation Act; the Resource Conservation and Recovery Act; and the Clean Air Act at MCC’s LaBelle Mine Dump in Luzerne Township, Pennsylvania. MCC disposes of hundreds of thousands of tons of coal ash from FirstEnergy’s Mitchell coal plant and the Elrama plant owned by GenOn Energy at the unlined mine dump.

The NOI alleges that MCC’s operations at the dump, including hauling coal ash in uncovered trucks, create particulate matter pollution that blows onto nearby residents’ properties.  Coal ash dust contains toxins like antimony, arsenic, chromium and lead and fine particles can get into the lungs and heart and cause serious adverse health impacts.  The NOI also cites evidence that the Mine Dump is leaking aluminum, manganese, sulfates, and total dissolved solids into groundwater and sulfate and total dissolved solids into local streams at concentrations that can harm human health or aquatic life.

For the press release, click here.

For the Notice Letter, click here.