Notice is hereby given that a proposed Consent
Decree in United States of America etal. v. Berkeley County Public Service Sewer District, et al.,
Civil Action No. 3:21-cv-179, was lodged with the United States
District Court for the Northern District of West Virginia onNovember 17, 2021.
The United States and the State of West Virginia, by and through the West
Virginia Department of
Environmental Protection, filed this lawsuit against Berkeley County
District and Berkeley County Public Service Storm Water District
(included as a Fed. R.
Civ. P. 20(a)(2)(A)
defendant), pursuant to the Clean Water Act and the West Virginia Water Pollution Control Act.
The United States and West Virginia seek
injunctive relief and
civilpenalties from the
Defendant for violations relating to the discharge
of pollutants into waters ofthe United States without a permit, and in violation of a permit,
at its facilities located in BerkeleyCounty, West
Virginia. The proposed consent decree resolves these allegations by
requiring theDefendant to bring its facilities into
compliance and pay a civil penalty of $864,000.00 (with halfpaid to the
United States and the
other half paid to the State).
The publication of this
notice opens a period for public comment on the consent decree.
Comments and information requests about the proposed Consent Decree should be addressedto the Office of Legal Services, West Virginia Department of Environmental Protection, 601 57th Street SE, Charleston, WV 25304.
All comments must be submitted not later than thirty (30)days after the publication date of this
notice. Comments may also be submitted
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, 500West Pike Street, Room 301, Clarksburg, WV 26302. In addition, the proposed Consent Decree may be
examined electronically at