EPA v. WACO OIL & GAS (ROUTE 19 MORRIS DEVELOPMENT)

Case summary

On February 9, 2021, Region 3 issued a unilateral Administrative Order ( Order ) to Waco Oil & Gas Company ( Waco ) for CWA wetlands violations on the property it owns and operates located at approximately 1.25 miles southeast on Route 19 from the intersection of Route 19 and I-79 in Sutton, Braxton County, West Virginia ( the Site ). The Site is approximately 392 acres in size. Beginning in September 2016, Waco operated equipment that discharged dredged and/or fill material to construct two flat pads and an access road causing direct impacts to 6 separate stream channels, filling approximately 2,059 linear feet of stream and 0.19 acres of wetlands, and secondary impacts as a result of the fill of downstream aquatic resources without a permit from the U.S. Army Corps of Engineers. This action is designed to protect ecologically important wetlands and streams that are waters of the United States. This matter was referred to EPA by the West Virginia Department of Environmental Protection.

Defendants (1)

• WACO OIL & GASNamed in settlement

Facilities (1)

• ROUTE 19 MORRIS DEVELOPMENT (WACO OIL & GAS)

  APPROX. 1.25 MILES EAST ON ROUTE 19 FROM I-79, SUTTON, WV, 26601

  Registry ID: 110070703618

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• WACO OIL & GAS (ROUTE 19 MORRIS DEVELOPMENT)entered 2021-02-09

  Primary law: CWA

Timeline (2 milestones)

• 2021-02-09Final Order Issued
• 2021-02-12Enforcement Action Data Entered