The Justice Department (DOJ), working with the U.S. Environmental Protection Agency (EPA) and the State of West Virginia, reached a proposed consent decree Thursday with Waco Oil and Gas Co. Inc. to resolve alleged violations of the Clean Water Act and West Virginia state law for unauthorized discharges of dredged or fill material into waters of the United States in Braxton County, West Virginia.
Under a proposed consent decree filed in U.S. District Court for the Northern District of West Virginia, Waco Oil and Gas agreed to pay a $825,000 penalty, restore the vast majority of the impacted waters and provide compensatory mitigation for waters that cannot be restored.
Additionally, the company will place a deed restriction on its property to protect the restored waters in perpetuity.
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A filed complaint alleged that beginning in approximately 2017, Waco Oil and Gas discharged dredged or fill material into tributaries of Bear Run and adjacent wetlands as well as tributaries of Cunningham Fork without the required federal or state permits.
“Clean water is vital for our communities and the environment,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD). “Today’s action demonstrates that the Justice Department, together with its state and federal partners, is fully committed to upholding the Clean Water Act and protecting this critical resource.”
“EPA remains committed to vigorous enforcement of wetlands protections,” said Assistant Administrator David M. Uhlmann of EPA’s Office of Enforcement and Compliance Assurance. “Today’s settlement makes clear that companies will not be allowed to profit from illegally filling wetlands and imperiling the health of the Nation’s rivers and streams.”
“EPA is serious about enforcing regulations to protect the shared resources upon which we all rely.” said Mid-Atlantic Regional Administrator Adam Ortiz for EPA. “Outcomes like this remind land developers across West Virginia that the health of their business and the health of the environment are totally connected.”
ENRD’s Environmental Defense Section and the U.S. Attorney’s Office for the Northern District of West Virginia are handling the case.
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