EPA v. WEST VIRGINIA DEPT OF TRANSPORTATION, DIVISION OF HIGHWAYS

Case summary

On October 14, 2016, EPA Region III issued a Final Order to WV DOH, resolving CWA violations of WV DOH?s NPDES MS4 permit. During an EPA May 2014 inspection of WV DOH?s MS4, EPA determined that WV DOH was violating its MS4 permit by failing to submit an MS4 program annual stormwater management report for 2013; failing to update its post construction stormwater best management practices inventory; and failing to develop pollution practices and good housekeeping procedures for WV DOH maintenance operations. In the Consent Agreement and Final Order (CAFO) which initiated and resolved this matter, WV DOH agreed to pay a $23,000 civil penalty for the permit violations. The CAFO received no comments during the required 40-day public comment period.

Defendants (1)

• WEST VA DEPT OF TRANSPORTATION, DIVISION OF HIGHWANamed in complaintNamed in settlement

Facilities (2)

• WEST VIRGINIA DEPT OF TRANSPORTATION, DIVISION OF HIGHWAYS MS4

  1900 KANAWHA BLVD, EAST, CHARLESTON, WV, 25305

  Registry ID: 110010616100

• WEST VIRGINIA DEPT OF TRANSPORTATION, DIVISION OF HIGHWAYS MS4

  1900 KANAWHA BLVD, EAST, CHARLESTON, WV, 25305

  Registry ID: 110010616100

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• WEST VIRGINIA DEPT OF TRANSPORTATION, DIVISION OF HIGHWAYSentered 2016-10-19

  Primary law: CWA

  Federal penalty: $23,000

Timeline (3 milestones)

• 2016-10-19Complaint Filed/Proposed Order
• 2016-10-19Final Order Issued
• 2016-11-15Enforcement Action Data Entered