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Groups Threaten Lawsuit from WV Coal-Ash Dump Site

By: VICKI SMITH - Associated Press Writer
By: VICKI SMITH - Associated Press Writer

Two environmental groups are threatening to sue FirstEnergy over alleged Clean Water Act violations from a coal-ash dump site at the Albright Power Station in Preston County.

The Sierra Club and West Virginia Highlands Conservancy filed notice of intent to sue Monday and say they'll follow through if compliance isn't achieved within 60 days.

They claim the dump was built illegally above the Cheat River and are challenging the utility to produce proper permits.

FirstEnergy officials didn't immediately comment Tuesday.

The groups claim FirstEnergy put fill material and pipes into three unnamed streams that flow into Daugherty Run, a trout and recreational stream that flows into the Cheat River.

The notice contends the utility ignored its legal responsibility to seek a permit, avoiding a review of possible environmental impacts.

©2011 The Associated Press. All rights reserved.

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