MORGANTOWN, W.Va. — LPG Land & Development Corporation must pay a penalty and fine for improvements to settle federal and state water pollution violations in Morgantown.
On Monday, the U.S. Environmental Protection Agency (EPA) and West Virginia Department of Environmental Protection (WVDEP) announced that the LPG Land & Development Corp. will pay a $125,000 penalty, along with paying more than $600,000 for stream restoration improvements to settle federal and state water pollution violations at the Mon Fayette Industrial Park in Morgantown, W.Va.
The U.S. Justice Department lodged the proposed consent decree on behalf of EPA and WVDEP in federal district court in Clarksburg, W.Va. This decree is subject to a 30-day public comment period and final court approval.
The following violations were cited of Clean Water Act and the West Virginia Water Pollution Control Act at LPG’s Morgantown industrial park property:
- Discharging dredged or fill material into approximately 2,168 feet of two perennial (year-round) and two intermittent tributaries tot he Cheat Lake, without a U.S. Army Corps of Engineers permit
- Discharging sediment-laden construction stormwater from cleaning and grading more than 18 acres – including an unstabilized and hazardous vertical cut into a hillside – either without ot not in compliance with a required Clean Water Act permit
- Discharging odorous solvents, without authorization, resulting in the release of those chemicals into nearby streams
The $125,000 penalty will be paid over the next three years and stream improvements will be made over the next 15 years via the purchase of stream mitigation credits and stream enhancement work on a portion of the site.
Additionally, LPG will be required to:
- Cease unauthorized discharges of pollutants/chemicals except in compliance with a permit issued by WVDEP.
- Submit and implement a plan to stabilize the vertical cut into the hillside.
- Inspect – monthly and after rain events – and maintain the effectiveness of slop stablization measures for teh vertical cut, a diversion ditch, pipe slope drains and dams.
- Refrain from further earthmoving on site except pursuant to a Clean Water Act permit for discharges associated with stormwater.
As part of the settlement, PLG has certified that it is now in compliance with applicable Clean Water Act requirements. To view a copy of the proposed decree, click here.