Daniel Creek Pollutant Settlement Reached
Swann's Crossing Mine in Brookwood is an operating coal mine owned by Southland Resources Inc. The open pit bituminous mine has been in operation since 2011.In 2024, the Alabama Department of Environmental Management (ADEM) issued a final National Pollutant Discharge Elimination System (NPDES) permit for the mine which authorized the discharge of pollutants into tributaries of Daniel Creek, a tributary of the Black Warrior River.
Daniel Creek has been polluted by numerous coal mines over the years according waterway watchdog Black Warrior Riverkeeper (BWR) It is on Alabama’s list of impaired waters.
ADEM acknowledged the potential for future violations of Water quality standards in Daniel Creek and placed a limit on effluents discharged into the creek. However, the state agency later proposed removing the restriction and issued a revised permit in 2025 that revised the permit to eliminate some but not all potentially hazardous Total discharges.
When Southland later acknowledged they could not meet the limit in Total Dissolve Solids (TDS), waterway environmental watchdog Black Warrior Riverkeeper (BWR) filed an appeal.
Both parties agreed to seek a settlement agreement rather that pursue an outcome through the legal hearing process. The result was settlement in which Southland agreed to TDS limits. The company also agreed to reclaim some of the property and remove areas that has previously discharged effluents into Daniel Creek.
ADEM will revise the permit once Southland submits a permit modification application.
“Specific, measurable, enforceable limits on the pollutants that enter our waterways are perhaps the greatest tool created by the Clean Water Act for reducing pollution, repairing water quality, and ensuring that our rivers and streams are clean for future generations,” said John Kinney, staff scientist at Black Warrior Riverkeeper. “This settlement will ensure that Daniel Creek retains that protection.”
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