November 18, 2020
By:
Walter G. Wright
Category:
Arkansas Environmental, Energy, and Water Law
Arkansas Environmental, Energy, and Water Law
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The Delaware Riverkeeper Network (“DRN”) sent a November 6th letter to Hercules Cement Company, LP d/b/a Buzzi Unicem USA (“Hercules”) styled:
Notice of Citizen Suit Pursuant to the Noncoal Surface Mining Conservation and Reclamation Act and the Clean Streams Law (“Notice”)
The letter is stated to serve as a pre-suit 60-day notification for a citizen suit that DRN states it intends to file against Hercules related to a quarry operated by the company.
Hercules is stated to operate a quarry in or near Stockertown, Pennsylvania.
The Notice alleges that because of mining activity and dewatering of the quarry sinkholes and/or swallets have been formed, along with the dewatering of the Bushkill Creek. It further alleges that the mining activities, sinkholes and/or swallets capture the surface waters eliminating the streamflow and/or water quantity to Bushkill Creek impacting water quality and the ecological and biological integrity of the Creek and aquatic life. A 2020 Tracer Study is cited as an indication of a hydrologic connection between the Bushkill Creek losses and the West Quarry Inflow Zone.
Violations of the Pennsylvania Noncoal Act and Clean Streams laws are alleged.
A copy of the Notice can be downloaded here.
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