Five contract workers were injured in a methane gas explosion in April after they entered a flooded mine shaft Massey had sealed to install a pump system.

The United States federal agency cited Massey subsidiary Shannon Pocahontas because violations by contractors working on an adjacent reclamation project occurred on the coal company’s property, Associated Press Newswires reported.

“They had the permit, and they are responsible for any violations on site,” said Tom Clarke, a lawyer for the DEP Division of Mining and Reclamation.

Contractors Reclaiming LLLC were hired to clean up a 60-acre coal refuse pile adjacent to Massey’s property, reprocess the usable coal and use leftover debris to build the base for a new landfill.

The project involved pumping water from Shannon Pocahontas’ closed underground mine to reprocess the coal waste. But according to regulators, plans were never submitted to state and federal regulatory agencies for methane testing or other safety measures.

Reclaiming LLLC was cited for unsealing the mine without the DEP’s permission, not properly training workers and not ventilating areas where welding would occur.

Clarke said state officials believed Massey was unaware of the reclamation project and the plan to use water from its property. But he added the Massey site was not fenced or guarded to protect the public from the hazards of an open mine shaft.

Massey argues the DEP’s notice of violation was unlawful and unreasonable and that the company was cited “despite its lack of fault”.

But Clarke argued that “a complete lack of fault” is not a defence.

“When a condition that violates the law comes to the attention of the DEP, (notice of violation) issuance is mandatory even when there is no negligence on the part of the mine operator or permittee,” Clarke said.

The Surface Mine Board was scheduled to hear the appeal today.