EPA v. WV DEPT. OF TRANSPORTATION, DIVISION OF HIGHWAYS (WEST VIRGINIA DIVISION OF HIGHWAYS MS4)

Case summary

On June 12, 2024, the Director of ECAD, Region 3, entered into an AOC with the West Virginia Department of Transportation, Division of Highways ( Respondent ) for violations of its West Virginia National Pollutant Discharge Elimination System ( NPDES ) Permit for Domestic Sewage, Permit No. WVR030004 ( the Permit ). Respondent is seperated by 10 districts, eight of which discharge in an urbanized area into an MS4. Respondent is required to implement the six Minimum Control Measures (MCMs) to prevent unauthorized discharges in these urbanized areas. Violations identified in the AOC include failure to implement four of the required MCMs of their program. These MCMs include Illicit Discharge Detection and Elimination (IDDE); Controlling Runoff from Construction sites; Controlling Runoff from New Development and Redevelopment; and Pollution Prevention and Good Housekeeping. Respondent has agreed to develop regulatory mechanisms or ordinances to supplement their authority to enforce IDDE and Construction Site Runoff programs, create a mapping system to track critical data for the program, create an MS4 manual which details program requirements, and submit annual reports to EPA. The Facility is located in an EJ area of concern per EJ screen. EPA has coordinated with WVDEP throughout the enforcement process.

Defendants (1)

• WV DEPT. OF TRANSPORTATION, DIVISION OF HIGHWAYSNamed in settlement

Facilities (3)

• 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

• WV DIVISION OF HIGHWAYS

  1900 KANAWHA BOULEVARD EAST, BUILDING 5, CHARLESTON, WV, 25305

  Registry ID: 110006833588

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• WV DEPT. OF TRANSPORTATION, DIVISION OF HIGHWAYS (WEST VIRGINIA DIVISION OF HIGHWAYS MS4)entered 2024-07-12

  Primary law: CWA

Timeline (2 milestones)

• 2024-07-12Final Order Issued
• 2024-07-17Enforcement Action Data Entered