"MORGANTOWN, W.Va. -- The U.S. Department of Labor wants a federal 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 a filing in federal court, U.S. Attorney William Ihlenfeld argued Thursday that Energy Marketing Co. Inc. and owner Dominick LaRosa of Potomac, Md., are flouting federal law, ignoring violations and fines, and putting the public at risk.

The 101 North Hollow Coal Refuse Impoundment near Century, Barbour County, is associated with the nonproducing 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 EMCI has operated the mine and impoundment since Jan. 1, 2009, and has been cited for problems about two dozen times."

Vicki Smith reports for the Associated Press February 15, 2013. [2]