MORGANTOWN, W.Va. (AP) - The owner of a potentially dangerous West Virginia coal slurry impoundment hasn't responded to a federal complaint seeking to have the dam closed.

U.S. District Judge John Preston Bailey has declared Dominick LaRosa of Potomac, Md., and Energy Marketing Co. Inc. in default for failing to answer the U.S. Department of Labor's lawsuit within 60 days.

The department's lead attorney didn't immediately return a message about the case.

Federal regulators say the 101 North Hollow Coal Refuse Impoundment near Century in Barbour County hasn't been certified by a professional engineer for two years.

They say LaRosa is flouting federal law and putting the public at risk.

A man who answered the phone at LaRosa's home Tuesday said there is no activity at the impoundment but declined to answer further questions.

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