Larosa Fuel Company, Water Pollution, WV 2005

Morgantown, WV – Larosa Fuel Company, Inc. was sentenced in June 2005 after pleading guilty to knowingly violating the Clean Water Act (CWA) by illegally discharging untreated wastewater from its West Virginia coal strip mine into the Monongahela River. The company systematically bypassed established water treatment and retention systems, directing polluted runoff into unpermitted discharge points, a scheme discovered through environmental monitoring and subsequent investigation.

According to court documents, Larosa Fuel intentionally installed piping to circumvent the facility’s permitted outlets. These bypasses allowed wastewater, normally processed to meet environmental standards, to flow directly into the Monongahela River without treatment. The company further obscured its actions by submitting falsified Discharge Monitoring Reports (DMRs) to the Environmental Protection Agency (EPA), falsely indicating “no discharge” from the permitted outlets. This deliberate misreporting hindered oversight and concealed the ongoing pollution.

The EPA’s criminal enforcement division launched an investigation following discrepancies noted in the DMRs and independent water quality testing. Investigators found clear evidence of the illegal bypasses and the direct discharge of untreated mine water, which contained pollutants harmful to aquatic life and potentially dangerous to human health. The deliberate nature of the bypass installation, coupled with the false reporting, pointed to a calculated effort to evade environmental regulations and reduce operational costs.

The case hinged on proving that Larosa Fuel *knowingly* violated the CWA. Evidence presented demonstrated that company officials were aware of the bypasses and their implications for water quality. The company’s failure to maintain and utilize its permitted treatment systems, combined with the deceptive reporting, solidified the prosecution’s argument. The EPA’s investigation highlighted the importance of accurate self-reporting by industrial facilities and the agency’s commitment to pursuing environmental crimes.

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Penalties & Legal Basis

On June 14, 2005, Larosa Fuel Company was sentenced to 24 months of probation. In addition to probation, the company was ordered to pay a $400 special assessment fee and a substantial federal fine totaling $50,000, to be paid in monthly installments over a two-year period. The conviction stemmed from a violation of 33 U.S.C. 1311(a), which prohibits the discharge of pollutants into navigable waters without a permit, and 33 U.S.C. 1319(c)(1)(A), which addresses knowingly violating the CWA.

Key Facts

Defendant: Larosa Fuel Company, Inc.
Location: West Virginia
Crime: Illegal discharge of untreated wastewater into the Monongahela River.
Statutes Violated: 33 U.S.C. 1311(a) and 33 U.S.C. 1319(c)(1)(A)
Sentence: 24 months probation, $400 special assessment, $50,000 fine.
Method: Bypassing water treatment systems with installed pipes and submitting false DMR reports.

This case serves as a reminder that environmental regulations are in place to protect vital resources, and companies that prioritize profit over compliance will face serious consequences. The EPA continues to aggressively pursue cases of environmental crime, ensuring that polluters are held accountable for their actions.

Source: EPA ECHO Enforcement Case Database

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