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Feds ask W.Va. judge to shut down coal slurry dam

February 15, 2013 @ 06:28 AM

MORGANTOWN, W.Va. (AP) — The U.S. Department of Labor wants a judge to order the immediate shutdown of a potentially dangerous West Virginia coal slurry impoundment it says hasn’t been certified by a professional engineer for two years.

In federal court filings, U.S. Attorney William Ihlenfeld argued Thursday that Energy Marketing Co. Inc. and owner Dominick LaRosa of Potomac, Md., are flouting federal law and putting the public at risk.

The 101 North Hollow Coal Refuse Impoundment is near Century in Barbour County and 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 wasn’t certified in either 2011 or 2012.

LaRosa didn’t immediately return telephone messages. His lawyers have yet to respond in court.