EPA v. Waco Oil & Gas Co., Inc

Case summary

On October 5, 2021, EPA referred a civil judicial action to DOJ against Waco Oil & Gas Company, Inc. (?Waco?) for violations of Sections 301 and 404 of the CWA in the form of unauthorized discharges of dredged and/or fill material to waters of the United States in connection with construction of a site for speculative development in Braxton County, West Virginia. 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 2,059 linear feet of stream and 0.19 acres of wetlands, and causing secondary impacts as a result of the fill of downstream aquatic resources. Waco performed this work without a required permit from the U.S. Army Corps of Engineers, and has a previous history of similar violations at other locations in the state. Waco has so far failed to comply with a unilateral administrative order issued by the Region on February 9, 2021 to develop a restoration plan to adequately address the impacts on-site, and to submit a certificate of temporary stabilization. Through the referral, EPA seeks to require Waco to stabilize the site, submit an adequate restoration plan that includes compensatory mitigation as necessary, and pay a penalty. The West Virginia Department of Environmental Protection was informed of EPA?s intent to refer the matter, and expressed interest in joining the action as a co-plaintiff to bring claims relating to Waco?s violation of its state construction stormwater permit.

Defendants (1)

• Waco Oil & Gas Co. IncNamed in complaintNamed 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 301 — NPDES Discharge without a Permit
• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• Waco Oil & Gas co., Incentered 2024-02-20

  Primary law: CWA

  Federal penalty: $412,500 · State/local: $412,500

Timeline (6 milestones)

• 2021-10-04Referred To Dept Of Justice
• 2021-12-01Enforcement Action Data Entered
• 2023-09-28Final Order Lodged
• 2023-09-28Complaint Filed With Court
• 2024-02-20Concluded
• 2024-02-20Final Order Entered