EPA v. LPG LAND & DEVELOPMENT CORP

Case summary

DOJ lodged a consent decree in a federal district court in WV resolving a federal-state CWA complaint against LPG Land & Development Corp. The March 2021 complaint, filed on behalf of EPA and the WVDEP, alleged that LPG had violated the CWA and state water pollution control laws during the construction of the Mon Fayette Industrial Park in Monongalia County, WV. According to the complaint, LPG unlawfully discharged dredged and/or fill material to Coles Run, a tributary to Cheat Lake, and unlawfully discharged stormwater associated with construction activity and polluted by chemicals used at the Mon Fayette Industrial Park. The proposed consent decree, which is subject to public comment and final court approval, requires LPG to pay a $125,000 civil penalty, to be split evenly between the US and WV. In addition, LPG is required to offset impacts from its discharge of fill material to over 2,100 linear feet of streams by purchasing mitigation credits and/or credits from West Virginia?s in-lieu fee program, valued internally by EPA at approximately $879,200. As a result of this settlement, LPG will offset its impacts to perennial and intermittent streams and prospectively comply with NPDES requirements.

Defendants (1)

• LPG LAND & DEVELOPMENT CORPNamed in complaintNamed in settlement

Facilities (1)

• LPG LAND & DEVELOPMENT CORPORATION

  CR 857, CHEAT LAKE, WV, 26507

  Registry ID: 110046599828

Statutes cited

• CWA 301/402 — NPDES Permit Violations
• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• LPG LAND & DEVELOPMENT CORP

  Primary law: CWA

  Federal penalty: $62,500

Timeline (5 milestones)

• 2015-09-23Referred To Dept Of Justice
• 2016-09-30Supplemental Referral-Adding parties, counts
• 2021-03-18Complaint Filed With Court
• 2021-08-02Final Order Lodged
• 2021-08-04Enforcement Action Data Entered