Lady Henrietta Coal, Water Pollution, West Virginia 1999

CHARLESTON, WV – A defunct West Virginia coal company and one of its former managers faced federal charges in 1998 related to the illegal discharge of coal slurry into a local waterway. While the charges against Lady H. Coal Company were ultimately dismissed, former employee Robert Kizer was convicted for his role in the environmental crime.

The incident occurred on November 11, 1995, when Kizer oversaw the cleaning of settling ponds at the Lady H. Coal Company facility. During this process, wastewater containing coal slurry was knowingly discharged into Hominy Creek, a tributary of the Gauley River. Witnesses reported the discharge immediately and visibly discolored the creek for approximately one mile downstream, raising concerns about ecological damage and potential health risks to residents who rely on the Gauley River for water.

Federal prosecutors indicted Kizer on April 23, 1998, on one count of violating the Clean Water Act (CWA), specifically 33 U.S.C. §1319(c)(2)(A), which addresses the knowing violation of permit conditions or regulations related to wastewater discharges. Lady H. Coal Company received the same indictment, suggesting a broader investigation into the company’s environmental practices. However, the charges against the company itself were dropped on the same day as the initial indictment, leaving Kizer as the sole defendant.

Facing mounting evidence, Kizer entered a guilty plea on November 11, 1998, admitting to knowingly allowing the illegal discharge. The prosecution argued that Kizer, as a manager, had a clear understanding of the environmental regulations and deliberately disregarded them, prioritizing operational convenience over environmental protection. While the full extent of the environmental impact remains unclear, the incident highlighted the risks associated with coal slurry discharge and the importance of responsible waste management practices.

On February 16, 1999, Kizer was sentenced to 36 months of probation and ordered to pay a $50 special assessment fee. While a relatively light sentence, the conviction serves as a reminder that individuals can be held criminally liable for environmental violations, even when acting on behalf of a company. The case also underscores the EPA’s commitment to enforcing the Clean Water Act and protecting the nation’s waterways from pollution.

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Key Facts

Defendant: Robert Kizer (formerly of Lady H. Coal Company)
Crime: Violation of the Clean Water Act (33 U.S.C. §1319(c)(2)(A) – knowingly violates)
Location: Hominy Creek, West Virginia
Date of Incident: November 11, 1995
Indictment Date: April 23, 1998
Guilty Plea Date: November 11, 1998
Sentencing Date: February 16, 1999
Penalty: 36 months probation, $50 special assessment fee
Environmental Impact: Coal slurry discharge discolored Hominy Creek for approximately one mile.