LPG Land & Development Corp to pay penalty, make stream improvement to settle water violations at Morgantown facility
PHILADELPHIA (Aug. 9, 2021) – LPG Land & Development Corporation will pay a $125,000 penalty and pay more than $600,000 for stream restoration improvements to settle federal and state water pollution violations at the Mon Fayette Industrial Park in Morgantown, West Virginia, the U.S. Environmental Protection Agency and West Virginia Department of Environmental Protection (WVDEP) announced today.
The proposed consent decree was lodged this week by the U.S. Justice Department on behalf of EPA and WVDEP in federal district court in Clarksburg, West Virginia. It is subject to a 30-day public comment period and final court approval.
The U.S. and WVDEP cited the following violations of Clean Water Act and the West Virginia Water Pollution Control Act at LPG’s Morgantown industrial park property, which is near Cheat Lake and includes tributaries to the Cheat River:
- Discharging dredged or fill material into approximately 2,168 feet of two perennial (year-round) and two intermittent tributaries to the Cheat Lake, without a U.S. Army Corps of Engineers permit.
- Discharging sediment-laden construction stormwater from clearing and grading more than 18 acres—including an unstabilized and hazardous vertical cut into a hillside—either without or 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 slope stabilization measures for the vertical cut, a diversion ditch, pipe slope drains, and dams.
- Refrain from further earthmoving on the site except pursuant to a Clean Water Act permit for discharges associated with stormwater.
As part of the settlement, LPG has certified that it is now in compliance with applicable Clean Water Act requirements. A copy of the proposed consent decree is available at: www.justice.gov/enrd/Consent_Decrees.html