Birmingham, Alabama-based environmental organizations, Black Warrior Riverkeeper and GASP, have issued a notice of intent to sue Bluestone Coke for 392 alleged violations of the Clean Water Act. Despite the coke plant being shuttered for more than 18 months due to air pollution breaches, the environmental groups argue that untreated wastewater continues to flow into Five Mile Creek. The groups have documented 392 instances of the facility reportedly violating the Act.
Bluestone Coke, a company owned by the family of West Virginia Governor Jim Justice and led by his son Jay Justice, previously produced coke - a coal-based product used in steel manufacturing. This process, which involves baking coal in superheated, low-oxygen coke ovens, is known to create air and water pollution problems and is associated with harmful contaminants.
The plant resides in the center of the U.S. Environmental Protection Agency’s 35th Ave Superfund site, surrounded by low-income, predominantly Black neighborhoods. The facility is recognized as one of the "potentially responsible parties" for soil pollution within this Superfund site.
Notably, air samples collected by GASP in 2019 and 2020 displayed high levels of naphthalene and benzene, two known or suspected carcinogens. The Bluestone Coke plant has been idle since October 2021 when the Jefferson County Department of Health refused to renew its air pollution permit. The company later agreed to a settlement of $925,000 for previous air pollution breaches and committed to enhancing the plant to control future air pollution. However, the company remains approximately $300,000 behind on these payments and has not yet made the necessary improvements for the plant's reopening.
The environmental groups have warned that if Bluestone does not address the water pollution within 60 days, they will pursue a Clean Water Act lawsuit against the company. They emphasize that, regardless of operational status, the company is responsible for preventing contamination of the surrounding environment. The pending legal action underscores the ongoing battle between environmental agencies and industrial polluters and serves as a reminder of the urgent need for environmental responsibility and regulation compliance.
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