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2005, federal prosecutors charged kennedy, a co-founder, failing to pay $200,000 income taxes. in 1987 he pleaded guilty to selling between 10 and 12 ounces of cocaine. this is the thing that's so remarkable about this. you have this chemical company that has tons of chemicals sitting in big, big industrial-sized tanks and they are on a river that is being used to suck intake into for a water supply. how did this ever pass any kind of regulatory muster? >> chris, it didn't. it didn't pass muster because muster is not something the state of west virginia does. if you are even remotely tied to the coal industry in this state, which this company is by providing this chemical to the coal industry, for prepping the coal in the hills and hollers where it's mined around here,

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