 Since at least 2002, the West Virginia DEP had known about and been pressured by environmental groups to take action on high levels of chlorides and other contaminants in the Blacksville No.2 outfall, but they took no action against Consol.In March 2011, Consol Energy reached an agreement with the US EPA and the State of West Virginia regarding damage done to Dunkard Creek caused by high levels of TDS in the discharge from their Blacksville No.