The Jefferson County Board of Health says Bluestone Coke has failed to pay nearly $300,000 in fines and penalties, violating a 2022 settlement agreement over air pollution violations in North Birmingham.

In December 2022, Bluestone Coke agreed to pay $925,000 in fines to resolve air pollution violations at its coking plant in North Birmingham, the largest fine ever assessed by the Jefferson County Department of Health. As part of the settlement, Bluestone agreed to pay in regular installments beginning in January.

But according to a court filing made Wednesday by the Board of Health, Bluestone fell behind on those payments by $181,249.99, as of May 17. The company also racked up $102,000 in penalties for not meeting the payment schedule. The company continues to accrue $3,000 per day in penalties for not making its payments on time, as laid out in the consent order.

As of May 17, the Board said Bluestone owes a total of $283,249.99.

Bluestone attorney Rob Fowler told AL.com by email that the company was working to catch up on its missed payments.

“Bluestone Coke is working to overcome challenging financial issues since its operational shutdown over 18 months ago,” Fowler said. “It remains committed to fulfilling its obligations under its Consent Agreement with the JCBH and getting caught up on its civil penalty payments.”

The Board of Health filed the petition with the Jefferson County Circuit Court on Wednesday asking the court to find Bluestone Coke in contempt because it had not made its required payments on schedule and for filing a “false affidavit” stating that the company was in compliance with the terms of the settlement when it was not.

The petition also seeks a court order forcing Bluestone to “immediately” pay all accrued fines and penalties, and to require that two high-ranking Bluestone officials — Don Wiggins and Jay Justice — appear in person for future hearings on the matter.

Jay Justice is the son of West Virginia Governor Jim Justice. The Justice family purchased the coke plant in 2019.

Wiggins, who signed the affidavit stating that the company was in compliance when it was not, said he was unaware that the company was behind on its payments when he signed the document.

“I was unaware of the failure to make civil penalty payments when I submitted the report and promptly corrected that report upon learning that payments had not been made,” Wiggins said via email.

The plant, previously called ERP Compliant Coke, Walter Coke, and Sloss Industries Coke, has been in operation in north Birmingham for more than 100 years making coke — a coal product used to make steel. The coal is baked in high-temperature, low-oxygen coke ovens to remove impurities in coal and create fuel for steel-making. That process creates high levels of air pollution and water pollution if not properly controlled.

The residential areas surrounding the plant are part of the 35th Avenue Superfund Site, an area designated for clean-up by the U.S. Environmental Protection Agency due to high levels of industrial contaminants in the soil. The EPA designated the coke plant as one of several “potentially responsible parties,” for the pollution in those areas.

The plant was shuttered in December 2021 after failing to meet the requirements of its operating permit. and has been idle since then. The consent order that included the fines also laid out conditions that would have to be met for the plant to reopen.

Birmingham Mayor Randall Woodfin has urged the Board not to renew the plant’s permit.

“Bluestone Coke has disregarded the health & safety of our residents for decades,” the mayor said on Twitter after the December settlement was announced. “Their irresponsibility has polluted our community and directly harmed the health of our residents. They don’t give a damn about people. I encourage the Jefferson County Department of Health to NOT renew Bluestone’s permit to operate.”

Birmingham-based environmental group GASP, which has been active in the North Birmingham area, collected several air samples surrounding the plant in 2019 and 2020 showing high levels of napthalene and benzene, two known or suspected carcinogens. GASP was granted intervenor status in the original complaint against Bluestone and has been a party to the legal proceedings.

“We are disappointed but not surprised to learn that Bluestone Coke is already out of compliance with the consent order signed just a few months ago,” GASP Executive Director Michael Hansen said via email. “Their actions continue to show blatant disrespect for the people of Birmingham and contempt for the rule of law. We are paying close attention to every move Bluestone makes and stand ready to hold the company accountable for any violations if and when they occur.”