Notice is hereby given that a proposed Consent Decree in United States, et al. v. Trans Energy, Inc., Civil Action No. 5:14-cv-00117-FPS, was lodged with the United States District Court for the Northern District of West Virginia on September 2, 2014.
This proposed Consent Decree concerns a complaint filed by the United States and the State of West Virginia against Trans Energy, Inc., pursuant to Section 309(b) and (d) of the Clean Water Act, 33 U.S.C. 1319(b) and (d), the West Virginia Water Pollution Control Act, W.Va. Code § 22-11-22, and the West Virginia Dam Control and Safety Act, W.Va. Code § 22-14-1, et seq., to obtain injunctive relief from and impose civil penalties against the Defendant for violating the Clean Water Act by discharging pollutants without a permit into waters of the United States. The proposed Consent Decree resolves these allegations by requiring the Defendant to restore the impacted areas, perform mitigation, implement a compliance program, and pay a civil penalty.
Written comments relating to this proposed Consent Decree will be accepted for thirty (30) days from the date of publication. Please address comments to Scott Driver, Office of Legal Services, West Virginia Department of Environmental Protection, 601 57th Street, SE, Charleston, WV 25304.
Comments may also be submitted electronically to: DEP.Comments@wv.gov. The proposed Consent Decree may be viewed at the Clerk’s Office, United States District Court for the Northern District of West Virginia, Clarksburg Division, 500 West Pike Street, Room 301, Clarksburg, WV 26302. In addition, the proposed Consent Decree may be examined electronically at: http://www.dep.wv.gov/pio/Pages/Settlements,Ordersouttopublicnotice.aspx
Times: February 27, 2015