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7/1/2026
WT Staff
 Do you have knowledge of an environmental crime? Give us a call at 877-52-WATER (877-529-2837), or email info@wtla.us
July 1, 2026 338 pm EDT
CrimeBox
Historic Conviction Fiscal Year 2012; Case ID# CR_2139 (Ohio)
Coal mining company, Environmental Manager and Plant Manager catch $7 million in fines and fees for blackening 22 miles of sensitive aquatic habitat in Ohio
Captina Creek flows through Belmont County in east-central Ohio, ranked Exceptional Warm Water Habitat, the highest designation for a stream in Ohio. The US EPA regards Captina Creek, an "Aquatic Resource of National Interest" , habitat for important, pollution-sensitive fish and amphibians, including a federally threatened species of giant salamander. Captina Creek is the only known location in Ohio where Eastern Hellbender salamanders are known to be reproducing.
"The defendant admitted discharging pollutants without sampling or monitoring as required, impacting the Captina Creek ecosystem. Besides paying considerable fines and restitution, the defendant has agreed to spend no less than $6 million dollars on replacing its existing pipeline with a new and improved conveyance system. Today's pleas send a clear message to other potential violators that corporations will be held responsible for environmental crimes." - Randall Ashe, Special Agent in Charge of EPA’s criminal enforcement program in Ohio
The Defendants in this case are an Ohio-based coal mining company, its Environmental Compliance Manager and Plant Manager. Federal District Court in Ohio received a bill of information showing the Defendants began pumping water from a relocated wastewater treatment structure in January 2008, without first testing the effluent for compliance with the company's National Pollutant Discharge and Elimination System (NPDES) permit. The discharge continued without testing and monitoring daily through Feb 2008, leading to a massive coal slurry discharge on Feb 28 that blackened the water downstream in Captina Creek for 22 miles. The court learned the Environmental Compliance Manager and Plant Manager concealed evidence of the discharges after the spill was reported.
A second incident occurred in October 2010. A pipeline broke, causing a catastrophic spill of coal slurry, again impacting Captina Creek.
At sentencing for the corporate defendant, the federal fine was set at $500,000 with each manager fined $2,500. The coal mining company was ordered to develop a spill prevention plan and emergency response protocol, including construction of a new double wall slurry conveyance pipe, at a cost of $6 million. For the protection of public and environmental health, EPA's Toxic Release Inventory program urges all companies handling dangerous materials implement a spill prevention program and train their staff for emergency response and containment. After a company has been convicted of CWA violations, these environmental protection plans and training are often court-ordered. They are subject to state approval, monitored by the court's officers during the probationary period.
Federal Fines: $505,000; Restitution: $87,000; Administrative Penalty: $184,000 for each of two discharge incidents; Community Service: 260 hours; Probation: 36 months; Spill Prevention Investment: $6,000,000
See last week's CrimeBox here, "Illegal dumping of oil 'With intent to conceal' gets this ship owner $1.2 million in fines".
CrimeBox briefs are compiled from EPA Criminal Enforcement records.
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