MORGANTOWN, W.Va. (AP) — For two months, the owner of a potentially dangerous West Virginia coal slurry impoundment has failed to respond to a federal complaint seeking to have the dam shut down.
U.S. District Judge John Preston Bailey declared Dominick LaRosa of Potomac, Md., and Energy Marketing Co. Inc. in default this week for failing to answer the U.S. Department of Labor’s lawsuit within 60 days. It’s unclear whether LaRosa has a lawyer, but none is listed in the court filings.
A man who answered the phone at LaRosa’s home Tuesday said there is no activity at the impoundment now but declined to answer further questions. The man, who declined to identify himself, said he would relay a message to LaRosa.
Federal regulators say the 101 North Hollow Coal Refuse Impoundment near Century in Barbour County hasn’t been certified by a professional engineer for two years. They say LaRosa is flouting federal law, ignoring violations and fines, and putting the public at risk.
The Labor Department’s lead attorney didn’t immediately return a message about the case. But with LaRosa’s failure to respond, the agency could now ask Bailey to issue an order that immediately halts use of the impoundment and limits access only to certified inspectors.
Under federal court rules, however, LaRosa could have the default declaration removed if he were to respond to the allegations and demonstrate a good reason for his delay.
Labor officials also want the judge to order LaRosa and his company to pay nearly $13,000 in long-overdue fines and to have a professional certification done within 30 days of the order.
The impoundment is associated with the non-producing Century 101 mine. The Mine Safety and Health Administration has labeled it “high hazard,” meaning a failure would likely cause fatalities.
MSHA says it was not certified for structural integrity as required by law in either 2011 or 2012. MSHA records also show Energy Marketing has been cited for problems about two dozen times.
The West Virginia Department of Environmental Protection didn’t immediately comment on the case.
