EPA v. BERKELY COUNTY PUBLIC SERVICE SEWER DISTRICT

Case summary

On March 15, 2022, the U.S. District Court for the Northern District of West Virginia entered the Consent Decree and Complaint, Civil Action No. 3:21-CV-179, against Berkeley County Public Service Sewer District (Berkeley County), resolving chronic violations of Section 301 and 402 of the CWA. The pleadings were filed on behalf of Plaintiffs, the United States, the West Virginia Department of Environmental Protection (WVDEP), and Berkeley County. Pursuant to the settlement, Berkeley County will pay a penalty of $518,400, split between the Plaintiffs with $432,000 going to the U.S. and $86,400 to the State along with implementation of a state-directed supplemental environmental project valued at $1.14 million. The complaint cites 1,300 exceedances of pollution limits at Berkeley?s permitted wastewater treatment plants; over 500 sanitary sewer overflows (SSOs); failing to properly operate and maintain its sewage collection systems; and failing to develop and implement an adequate Municipal Separate Storm Sewer System (MS4) program. In addition to a penalty, Berkeley has agreed to make extensive improvements to its sewer and stormwater systems, valued at approximately $50 million, including establishing a comprehensive MS4 program; assessing capacity, mapping, and development of a remedial measures plan for the sewage collection system; taking corrective actions at under-performing treatment systems; training employees; developing and implementing a pump station inspection program and corrective action plan; conducting inspections and taking corrective actions to prevent inflow and infiltration; and educating the public on handling/disposal of fats, oil and grease. Berkeley?s 245 miles of wastewater and MS4 facilities pipelines all discharge to the Potomac River or its tributaries and are part of the Chesapeake Bay watershed. The improved water quality will benefit communities in Berkeley, West Virginia, as well as communities downstream, some of which are historically underserved and disproportionately impacted by pollution.

Defendants (3)

• BERKELY COUNTY PUBLIC SERVICE SEWER DISTRICTNamed in complaintNamed in settlement
• Berkeley County Public Service Sewer DistrictNamed in complaint
• Berkeley County Public Service Storm Water DistricNamed in complaint

Facilities (15)

• AUSTIN MHP

  RT 45 EAST, MARTINSBURG, WV, 25401

  Registry ID: 110008997764

• WOODS II SUBDIVISION

  WOODS SUBDIVISION OFF MOUNTAIN LAKE ROAD, HEDGESVILLE, WV, 25427

  Registry ID: 110010858991

• THE CORNERS AT ARDEN WWTP

  ARBOR SHADE DRIVE, GERRARDSTOWN, WV, 25420

  Registry ID: 110010850310

• HONEYWOOD WWTP

  VINEYARD RD IN HONEYWOOD SUBDIVISION, FALLING WATERS, WV, 25419

  Registry ID: 110012292009

• FOREVER GREEN MARKETPLACE

  101 FOREVER GREEN DRIVE, FALLING WATERS, WV, 25419

  Registry ID: 110010879059

• BERKELEY COUNTY PUBLIC SERVICE SEWER DISTRICT

  65 DISTRICT WAY, MARTINSBURG, WV, 25404

  Registry ID: 110015656869

• MARLOWE GARDEN APTS-PHASE I

  GRADE ROAD, FALLING WATERS, WV, 25419

  Registry ID: 110010878167

• OH/ INW/ BH/ NE 001-004

  EAGLE SCHOOL, MARTINSBURG, WV, 25402

  Registry ID: 110015983328

• NORTHBROOK WWTP

  291 MICHIGAN DRIVE (BEHIND IT), FALLING WATERS, WV, 25419

  Registry ID: 110010850597

• BERKELEY COUNTY PSSD

  65 DISTRICT WAY, MARTINSBURG, WV, 25404

  Registry ID: 110015656869

• HIGHPOINTE SUBDIVISION

  HIGHPOINT SUBDIVISION, BUNKER HILL, WV, 25413

  Registry ID: 110010877765

• FOREST HEIGHTS

  FREEDOM WAY AND INDEPENDENCE DRIVE, INWOOD, WV, 25401

  Registry ID: 110066825680

• GERRARDSTOWN (MTN RIDGE) INTERMEDIATE SCHOOL

  RT. 51, GERRARDSTOWN, WV, 25420

  Registry ID: 110023142080

• TOMAHAWK SCHOOL

  RT. 9, HEDGESVILLE, WV, 25427

  Registry ID: 110010876445

• HICKORY RUN SUBDIVISION

  EXECUTIVE WAY, HEDGESVILLE, WV, 25427

  Registry ID: 110013807425

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• BERKELY COUNTY PUBLIC SERVICE SEWER DISTRICTentered 2022-03-15

  Primary law: CWA

  Federal penalty: $432,000 · State/local: $86,400

Timeline (6 milestones)

• 2017-09-26Referred To Dept Of Justice
• 2017-10-02Enforcement Action Data Entered
• 2021-11-17Complaint Filed With Court
• 2021-11-17Final Order Lodged
• 2022-03-15Final Order Entered
• 2022-04-06Concluded