FOR IMMEDIATE RELEASE
Tuesday, August 1, 2023
Contacts: Hannah Lee Flath, hannahlee.flath@sierraclub.org, 860-634-0225
Andrew Rehn, arehn@prairierivers.org
Attorney General Sues Williamson Energy for Violations of Water Quality Standards
Illinois -- Attorney General Kwame Raoul has filed a lawsuit against Williamson Energy LLC, the owner of the Pond Creek coal mine, for violations of their National Pollutant Discharge Elimination System (NPDES) permit under the federal Clean Water Act. The suit alleges that Williamson Energy has violated permit limits dozens of times, failed to report bypasses, caused numerous violations of water quality standards, and failed to comply with good mining practices. Williamson, a subsidiary of Foresight Energy, faces civil penalties of $50,000 for each violation.
In April 2022, Pond Creek received approval from the Illinois Environmental Protection Agency (Illinois EPA) for an updated NPDES permit that allows the mine to discharge water with high amounts of chloride through a pipeline to the Big Muddy River. However, the permit requires the mine to develop and seek Illinois EPA approval for a chloride measurement plan before discharge through that pipeline can begin. FOIAs indicate that the mine has not submitted the required documents to allow them to use the pipeline. The Attorney General alleges that the mine is in violation of both its former 2013 NPDES permit and its new 2022 permit.
In May 2022, Sierra Club Illinois and Prairie Rivers Network appealed the Illinois EPA's decision to grant Pond Creek a new NPDES permit because the permit did not remedy major flaws in the 2019 draft permit, does not protect the environment, and does not adhere to Illinois or federal law.
In response to the Attorney General’s lawsuit, Sierra Club Illinois and Prairie Rivers Network released the following statement:
“These violations of the Clean Water Act remind us of the damage coal mining is doing to our water supply and the urgency of a just transition plan for Southern Illinois’ future,” said Sierra Club Illinois Director Jack Darin. “We applaud Attorney General Kwame Raoul for holding Williamson Energy accountable and ensuring that polluters pay for violating critical citizen and environmental protections like the Clean Water Act.”
“The state must hold coal mines accountable for their pollution. As the Attorney General’s suit demonstrates, Foresight/Williamson Energy has violated their discharge permit repeatedly since at least 2019. These dozens of violations could add up to millions of dollars in fines,” said Andrew Rehn, Water Resources Engineer with Prairie Rivers Network. “Enforcement is critical to show coal mine operators that the state is serious about protecting our waters.”