EPA v. WEST VIRGINIA DEPARTMENT OF NATURAL RESOURCES (SPRING RUN FISH HATCHERY)

Case summary

On December 17, 2024, the EPA Region 3 issued an Administrative Order on Consent ( AOC ) to the West Virginia Division of Natural Resources ( WVDNR ), the owner and operator of the fish hatchery located at 1988 Spring Run Road, Unit 1, Petersburg, WV 26847 (the Hatchery ). The Hatchery had 53 effluent limit exceedances for total suspended solids and nitrogen nitrite, discharged a pollutant without an NPDES permit, failed to properly sample discharges, failed to submit a DMR no later than 20 days following the end of the reporting period, and failed to properly operate and maintain the Hatchery and implement BMP plan. To return to compliance, within specified timeframes, the Hatchery, agreed to (1) replace the current refrigerated sampler with a new updated mode; (2) investigate the feasibility and logistics associated with installing an automatic composite sampler; (3) provide the EPA data from monitoring and collection of water chemistry samples from an unpermitted outlet; (4) Submit to the EPA the final modification to its NPDES permit; (5) update its Storm Water Pollution Plan and the BMP document; (6) provide to the EPA copies of the training, inspection, and maintenance logs; provide to the EPA a Corrective Action Plan to address its nitrogen nitrite exceedances. The Hatchery is in an area of EJ concern. The EPA has consulted with the West Virginia Department of Environmental Protection during the development of this action.

Defendants (1)

• WEST VIRGINIA DEPARTMENT OF NATURAL RESOURCES (Named in settlement

Facilities (2)

• SPRING RUN HATCHERY

  SPRING RUN ROAD, DORCUS, WV, 26847

  Registry ID: 110010858330

• SPRING RUN FISH HATCHERY

  1988 SPRING RUN HATCHERY, PETERSBURG, WV, 26847

  Registry ID: 110071883508

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• WEST VIRGINIA DEPARTMENT OF NATURAL RESOURCES (SPRING RUN FISH HATCHERY)entered 2024-12-17

  Primary law: CWA

Timeline (2 milestones)

• 2024-12-17Final Order Issued
• 2024-12-19Enforcement Action Data Entered