EPA v. LPG LAND & DEVELOPMENT CORP (MON FAYETTE INDUSTRIAL PARK)

Case summary

ON APRIL 5, 2018, EPA AND LPG LAND & DEVELOPMENT CORP (LPG) ENTERED INTO AN ADMINISTRATIVE ORDER FOR COMPLIANCE WITH CONSTRUCTION ACTIVITY AS A RESULT OF ITS CONSTRUCTION ACTIVITIES AT THE MON FAYETTE INDUSTRIAL PARK IN MONOGALIA COUNTY, WEST VIRGINIA. BY SIGNING THE AOC, REQUIRES LPG TO SUBMIT AND, UPON EPA'S APPROVAL, IMPLEMENT A PLAN PREPARED BY A PROFESSIONAL ENGINEER TO STABILIZED, NEARLY 90-DEGREE VERTICAL CUT INTO A HILLSIDE ALONG AN EDGE OF THE PROPERTY, ENSURE SAFETY OF PERSONS WORKING IN THE VICINITY OF THE VERTICAL CUT, AND PREVENT FURTHER EROSION AND DISCHARGE OF CONSTRUCTION STORMWATER FROM THE VERTICAL CUT. DUE TO THE NATURE OF THE VERTICAL CUT AND POTENTIAL FOR SLOUGHING OR COLLAPSE, THE AOC ALSO REQUIRES LPG TO RETAIN AN INDEPENDENT THIRD PARTY ENGINEER TO EVALUATE IMPLEMENTATION OF THE PLAN.

Defendants (1)

• LPG LAND & DEVELOPMENT CORPNamed 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

Enforcement conclusions (1)

• LPG LAND & DEVELOPMENT CORP (MON FAYETTE INDUSTRIAL PARK)entered 2018-04-17

  Primary law: CWA

Timeline (4 milestones)

• 2018-04-17Final Order Issued
• 2018-10-11Enforcement Action Data Entered
• 2021-11-16NPDES Closed
• 2021-11-16Enforcement Action Closed