Judge Approves Settlement Requiring Cleanup of Warrior Met Coal’s Mine No. 7

On Thursday morning, a federal judge in Birmingham granted Black Warrior River Keeper's request to approve a Consent Decree.

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The Decree would require Warrior Met Coal (WMC) to fix its leaking coal slurry impoundment, as well as stop discharging polluted wastewater without a permit at Mine No. 7 near Brookwood.

WMC purchased the mine near Brookwood following Walter Energy’s 2015 bankruptcy.

The discharge currently flows from a leaky part of the mine’s Slurry Impoundment No. 14, which combines and holds wastewater from all aspects of underground mining and coal preparation. The settlement from the federal judge forces WMC to implement a plan, approved by the federal Mining Safety and Health Administration, to install a liner to fix the leaky dam holding back millions of gallons of coal slurry at Impoundment No. 14.

WMC will conduct a detailed sampling after the plan is complete to test the effectiveness of the liner in stopping leaky discharges.

Additionally, WMC has agreed to enroll in Alabama’s Dam Safety Program, which will add another layer of inspections and requirements for the maintenance and care of Slurry Impoundment No. 14.

WMC will also pay $250,000 to the Freshwater Land Trust for the establishment of a supplemental environmental project (SEP) in the Black Warrior’s Davis Creek subwatershed and reimburse Black Warrior Riverkeeper for $28,000 in costs and attorneys’ fees.

“Texas Creek and Davis Creek, regularly enjoyed by locals and wildlife, deserve the utmost protections afforded by law,” said Nelson Brooke, Black Warrior Riverkeeper. “Holding Warrior Met Coal accountable for their unpermitted coal slurry wastewater discharges is Black Warrior Riverkeeper's role, given that state regulatory agencies were asleep at the wheel on this one.”

Black Warrior Riverkeeper’s Staff Attorney Eva Dillard added, “This case is a textbook example of why citizen suits are a critical enforcement mechanism when governments fail to enforce the law. We are pleased that WMC was willing to take responsibility for the problems at Mine No. 7 and establish a SEP that will give back to Davis Creek.”

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