PSC affirms notice of violation, orders $6,000 penalty for Westmoreland Beulah Mining LLC

The North Dakota Public Service Commission on Aug. 7 adopted an order affirming Notice of Violation 2501 against Westmoreland Beulah Mining LLC relating to topsoil protection at the Beulah mine and assessed a $6,000 civil penalty. Commissioners heard that inspections on April 24 and May 7 followed a staff observation of spoil material mixed with topsoil on about 3.5 acres. Samples taken from six sites on the tract showed an estimated 1,100 cubic yards of affected topsoil. The notice required containment, removal of the apparent spoil material, quantification of contaminated topsoil and submission of a revegetation plan. The commission’s reclamation division said Westmoreland complied with the remedial actions within required timelines. The PSC described three recent notices of violation for the operator within a three‑year window and applied the commission’s four‑factor civil penalty framework (history, seriousness, degree of fault, and good‑faith abatement) to determine the penalty. The order proposed $2,500 for history, $2,000 for seriousness, and $1,500 for negligence, totaling $6,000. The commission voted to adopt the order and close the case upon payment of the penalty. The commission record notes that Westmoreland had contacted the reclamation division on April 23 to discuss possible contaminated topsoil and had fenced the area and taken four samples prior to the PSC inspection. The PSC performed its own testing and also used drone photography during the follow‑up inspection to document the affected area. The order directs payment of the civil penalty; no further timetable for payment or additional enforcement steps was stated in the public meeting remarks.