According to the Associated Press, the letter was issued this week. It said the discharge occurred January 3 and the fluid released into the New River in east Tennessee included chemicals used in the operation of the complex’s washing facility.

While Premium Coal did not release public comment Tuesday, agency spokesperson Meg Lockhart told the AP said the operation was still shut down.

TDEC said the discharge, which initially came from the Gum Branch Slurry Impoundment, was not reported within a mandated 24-hour window. The letter also claims that the company did not commence discharge water sampling in a timely manner.

Lockhart told the AP that, with the letter delivered, it will work with the US Office of Surface Mining , which initially ordered operations cease following a complaint and also instructed the company to collecting samples on a daily bases in order to turn over a detailed water analysis within 30 days.

According to the news service, Premium Coal said in a January 13 that abpout 1.4 million gallons “left the impoundment” with an unknown amount reaching the river. It said the plant was “voluntarily idled” and it had since taken action to correct the issues.

ILN could not locate a spokesperson for Premium Coal by press time.