The Fayette County Code Enforcement Agency will meet at 10:30 a.m., Tuesday May 4, 2021 in the Fayette County
Commission Chambers, located on the first floor of the main Courthouse in Fayetteville, West Virginia and by Zoom.
For Zoom login, contact Ami Dangerfield, Assistant, Fayette County Commission, P.O. Box 307 Fayetteville, WV
Below is the agenda for this Special Meeting.
Agenda Fayette County Code Enforcement Agency Meeting at 10:30 a.m., Tuesday May 4, 2021
If the Chair of the Fayette County Code Enforcement Agency, the County Administrator, is absent, Election of a Pro Tempore Chair for this Meeting
Call to Order -
New Business - D. Scott Simonton, PE, PhD, FCoWV CEA Special Agent; FCoWV CEA Site Project Manager, Johnson Fork-Loop Creek (“JF-LC”) Watershed Pollution Abatement Project
Executive Session Re: Law Enforcement Matters related to JF-LC Watershed Pollution Abatement Project
- Recommendations of the JF-LC Site Project Manager regarding FCoWV CEA adoption of the Proposed Administrative Record for the Johnson Fork-Loop Creek Pollution Abatement Project, FCoWV CEA Matter # 2019-002. Consideration of temporary adoption of Proposed Administrative Record pending receipt and review of public comments, if any, and authorization for public of newspaper notice to the public of the opportunity to comment on the proposed Administrative Record. Consideration of proposed Resolution reflecting the same.
Recommendations of the JF-LC Site Project Manager regarding Site Abatement Enforcement Action against the
following Potentially Responsible Parties at the Johnson Fork-Loop Creek Pollution Abatement Site, FCoWV
CEA Matter # 2019-002:
- National Grid NE Holdings 2 LLC (successor to the remedial liabilities of Eastern Enterprises [formerly known as Eastern Gas and Fuel Associates] arising from or in connection with its status as owner or operator of, and its acts or omissions with respect to, this site on or before January 1, 1966);
- Eastern Associated Coal, LLC (formerly known as Eastern Associated Coal Corporation), a defunct business entity, solely to the extent of its undistributed assets, non-exclusively including the available, remaining limits of coverage under its liability insurance policies;
- Pardee and Curtin Realty LLC;
- Quercus West Virginia, LLC;
- Continental Insurance Company, solely to the extent of the available limits of liability under Continental Insurance Company Umbrella Excess Third Party Liability Insurance Policy Number RDU 9433461 with respect to indemnification and other insurance coverage afforded to Eastern Associated Coal Corporation for all sums it shall be obligated to pay by reason of its liability imposed upon it by law or assumed by it under contract or agreement for damages and expenses as defined by the term “ultimate net loss” within such policy on account of property damage caused by or arising out of each occurrence on or after January 1, 1966 (hereinafter: “Continental/RDU9433461”);
- Hanover Insurance Company, solely to the extent of the available limits of liability under Hanover Insurance Company Commercial General Liability Insurance Policy Number CGL 60203 with respect to indemnification and other insurance coverage afforded to EACC for all sums it shall be obligated to pay by reason of its liability imposed upon it by law or assumed by it under contract or agreement for damages and expenses as defined by the term “property damage” within such policy caused by or arising out of each occurrence on or after January 1, 1966 (hereinafter: “Hanover/CGL 60203”);
- The liability insurers of the defunct entity Eastern Associated Coal Corporation (l.k.a. Eastern Associated Coal, LLC) identified to date: Continental Insurance Company, Lexington Insurance Company, Certain Underwriters of Lloyd’s London Subscribing to Liability Insurance Policies Expressly Providing Coverage to Coal Properties Corporation or Eastern Associated Coal Corporation (as more fully described in the Caption of FCoWV CEA Order NO. 2021-002-9.5(b)-001), The Travelers Companies, Inc., The Insurance Company of the State of Pennsylvania, Munich Reinsurance America, Inc., National Union Fire Insurance Company of Pittsburgh, PA, Columbia Casualty Company, Allianz Global Risks US Insurance Company, Zurich American Insurance Company, Interstate Fire & Casualty Company, North Star Mutual Insurance Company, Fireman’s Fund Insurance Company, Westport Insurance Corporation, Insurance Company of North America, Markel Insurance Company, Pacific Employers Insurance Company, Falcon Insurance Group, LLC, Hartford Fire Insurance Company, Associated Electric & Gas Insurance Services Limited ("AEGIS"), Illinois Union Insurance Company, Chicago Insurance Company, Essentia Insurance Company, First State Insurance Company, First State Insurance Company, Arrowood Indemnity Company, ACE American Insurance Company, Prosight Specialty Insurance Group, Inc., New York Marine and General Insurance Company, St. Paul Surplus Lines Insurance Company, Granite State Insurance Company, Medmarc Casualty Insurance Company, Navigators Insurance Company, TIG Insurance Company, and Federal Insurance Company.