Action Mining, Inc., Water Pollution, PA 2000

Uniontown, PA – Action Mining, Inc. was sentenced in December 1999 following a guilty plea to knowingly violating the Clean Water Act (CWA). The Pennsylvania-based mining company illegally discharged untreated acid mine drainage into Coal Run, a tributary of the Casselman River, on three separate occasions between 1994 and 1996, impacting local waterways and potentially endangering public health.

According to court documents, Action Mining released the harmful discharge on December 1, 1994, June 30, 1995, and February 7, 1996. Acid mine drainage, a common byproduct of coal mining operations, contains sulfuric acid and heavy metals. This toxic runoff is devastating to aquatic ecosystems, suffocating fish and other wildlife, and rendering water unsuitable for recreational use. In high concentrations, it poses a direct threat to human health through contact or consumption.

The Environmental Protection Agency (EPA) initiated the investigation, leading to charges filed on September 21, 1999. The information alleged a single count of knowingly violating section 33 U.S.C. 1319(c)(2)(A) of the Clean Water Act. This section of the CWA specifically prohibits the discharge of pollutants from a point source without a permit, and further criminalizes *knowing* violations of permit conditions or outright illegal discharges.

Facing federal prosecution, Action Mining entered a guilty plea on October 6, 1999. The company’s legal team offered no immediate comment following the conviction. Environmental advocacy groups, however, expressed cautious optimism, noting the relatively light sentence despite the repeated nature of the offense and the severe environmental consequences. They argue that stronger penalties are necessary to deter similar violations in the heavily mined regions of Pennsylvania and Appalachia.

On December 20, 1999, the court imposed a sentence of 24 months of probation on Action Mining, Inc. In addition to the probationary period, the company was ordered to pay $50,000 in federal fines. While the EPA considers successful prosecution of environmental crimes a key element of its enforcement strategy, critics suggest the financial penalty is insufficient to cover the long-term costs of environmental remediation and the damage inflicted upon the Casselman River ecosystem.

Table of Contents

Key Facts

Defendant: Action Mining, Inc.
Location: Pennsylvania
Crime: Illegal discharge of acid mine drainage into Coal Run, a tributary of the Casselman River.
Dates of Discharge: December 1, 1994, June 30, 1995, February 7, 1996.
Statute Violated: 33 U.S.C. 1319(c)(2)(A) – Clean Water Act, knowingly violates.
Penalty: 24 months probation and $50,000 in federal fines.

The case serves as a stark reminder of the ongoing environmental challenges associated with mining operations and the importance of rigorous enforcement of environmental regulations. GrimyTimes will continue to follow this case and report on any further developments regarding the remediation of Coal Run and the Casselman River.

Source: EPA ECHO Enforcement Case Database

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