A judge refused to issue a permanent injunction against the Hurricane landfill that accepted tainted water after being issued a permit to do so by the West Virginia Department of Environmental Protection.
The judge said that since the landfill already agreed in a written letter and orally to not accept any more tainted water, a restraining order wasn't needed.
A spokesman for the DEP released this statement Friday: "Today's action in court confirms that West Virginia Department of Environmental Protection officials followed proper procedures from the start in granting the modification to the Waste Management solid waste permit."
Counsel for Plaintiffs released this statement: ""The Department of Environmental Protection backed down and rescinded its permit that had allowed chemical waste from the Freedom Industries cleanup to be disposed of at a landfill in Putnam County because DEP did not want the public to know the details of its action in permitting the pollution. This was a "win" for the City of Hurricane and Putnam County, but unfortunately it won't help others in the future."
Officials in Putnam County have taken another step to make sure MCHM waste water is no longer taken to a Hurricane landfill.
Diversified Services, a company owned by Freedom Industries located near St. Albans, had been taking the tainted water from the Freedom spill site and dumping at a landfill owned by waste management.
On Monday, a Kanawha County Circuit Court judge issued a temporary restraining order and preliminary injunction against the West Virginia Department of Environmental Protection. The goal, according to Hurricane Mayor Scott Edwards, is to eventually revoke the permit the landfill obtained to accept the chemical waste water in the first place.
The landfill voluntarily agreed to stop accepting the waste water last weekend, but Edwards said a verbal agreement isn't enough and he wants the injunction in writing.
"They could change their minds at any time," Edwards said.
A hearing is scheduled in Kanawha County Circuit Court at 1:30 p.m. Friday, March 28. Edwards said not only are he and members of the County Commission asking that the permit be revoked, they are also asking that Waste Management remediate and remove the nearly 40,000 gallons of waste water that has already been dumped there.