One of government’s basic functions is to provide infrastructure–things like highways, water and sewer lines. As government goes, that’s pretty straightforward stuff, but as the folks of Preston County Public Service District No. 4 have found out, it can get complicated.
Here’s the story:
Most of the more than 400 customers who live in PSD No. 4 decided a few years ago that they wanted “city water” rather than to depend on well water. In 2010, the state Department of Environmental Protection told the PSD it would get almost all the money for the water line project from the Federal Office of Surface Mining Reclamation and Enforcement’s (OSMRE) Abandoned Mine Land (AML) program.
Under AML, some of the money collected from a special coal tax can be used to pay for water lines to correct problems caused by coal mining that occurred before passage of the 1977 Surface Mining Control and Reclamation Act. A number of West Virginia communities have been taking advantage of that program, using millions of dollars to build water systems.
When Preston County got approval from the state DEP—which administers the program—it moved ahead with the necessary engineering work and put the project out for bid, spending over $1,000,000. However, last March, four years after DEP approval, the Office of Surface Mining and Reclamation and Enforcement notified the DEP and Preston County that the project was not approved.
OSMRE questioned whether the project met standards for funding. Roger Calhoun, OSMRE Field Office Director told me, “What’s missing (from the application) is the document showing that the negative impact on the (water) wells is caused by pre-1977 mining.”
The decision stunned Preston County officials, including PSD No. 4 Chairman Al Bailey. “It’s far too late for the Office of Surface Mining to take this action,” he said.
“The District received binding commitment letters for Abandoned Mine Land grant funds from DEP in July 2010 for the project, based upon a study which DEP commissioned, reviewed and approved,” said Bailey. “Now, nearly four years later, the Office of Surface Mining says that study is flawed.”
It turns out that Preston County is not alone. OSMRE just recently began taking a closer look at the applications for federal funding through the Abandoned Mine Land fund for water projects throughout the state. The agency says it has found “irregularities” in a number of the projects that “make it impossible” to approve funding. OSMRE is asking for more information on 29 West Virginia water line projects.
“If the project qualifies and funding is available, OSMRE will provide the appropriate approvals,” the agency said in a news release.
On one hand, OSMRE appears to be conducting its due diligence to ensure that the federal money is spent according to the criteria established by the law. But the timing is problematic for PSD No. 4 and others across the state that promised customers better water service and spent millions to start the projects believing they had followed the rules.
Caught in the middle are thousands of West Virginians hoping they were finally going to get decent water.