Waste fines issued

Source: The Dominion Post (WV), November 24, 2013
Posted on: http://envfpn.advisen.com

The State Department of Environmental Protection (DEP) has issued a consent order about violations concerning water pollution and waste disposal by Clarksburg-based Central Supply Co. (CSC), including several at its Monongalia County locations.

The Mon County Notices of Violation (NOVs) were issued following inspections at its Morgantown Industrial Park (MIP) facility May 22, 2012, and Feb. 12 of this year; at its Hornbeck Road facility Dec. 7, 2012, and Feb. 12 of this year; and at a fill site on Goshen Road Nov. 28, 2012.

DEP spokesman Tom Aluise explained how a consent order works. NOVs may be issued following an inspection, and may carry fines. In some cases, violations are severe enough to lead to an administrative consent order, which includes the violations, findings of fact, a compliance order and penalty assessment.

The DEP then meets with the company, he said, to discuss the order and negotiate the fine and other changes. The company can then agree to the proposed settlement and sign it, or be subject to a DEP lawsuit. Most sign the order, he said, to stay out of court. The order becomes final after a 30-day comment period.

Under the order, CSC agrees to take all recommended corrective actions. “However, CSC does not admit to any factual and legal determinations made by the [DEP] and reserves all rights and defenses available” in any other proceedings.

The order was issued Nov. 6 and CSC President Dwayne McCartney signed it Nov. 8.

At the MIP site, on May 22, the order says, CSC disposed of material removed during the treatment of control of waste without DEP approval. It also allowed a discharge from its washout pits to flow into the MIP stormwater system, which flows into the Monongahela River.

On Feb. 12, it allowed industrial wastewater to flow into the MIP stormwater system. It allowed an unpermitted discharge from its washout pits. It had no plan in place for disposal of concrete sludge. A used oil container was observed leaking onto the ground.

At Hornbeck Road on Dec. 7, it allowed a muriatic acid drip used to neutralize the pH of water before discharge to become nonfunctional. On Feb. 12, the drip also wasn’t working. Water recycling ponds were filled to capacity; an unused water well on site was not properly abandoned to prevent groundwater contamination and a collection drain wasn’t functioning.

At Goshen Road, CSC used concrete sludge as fill material at an unpermitted site.

The order also included violations at Harrison County sites. It records compliance efforts CSC has already undertaken, and efforts planned.

DEP assessed a civil administrative penalty of $39,360.

McCartney provided this statement to The Dominion Post:

“Central Supply Company has been issued a consent order by WVDEP relative to operational and procedure deficiencies at several of our production facilities. These deficiencies, while certainly serious enough to warrant changes, have not resulted in any noted negative environmental impact.

“Central Supply’s core business model revolves around the production and sales of Ready Mix Concrete and Concrete Masonry Units. Central Supply Company has been a mainstay supplier and employer originating in the Clarksburg market with several local market expansions, since 1915. During this tenure and ‘predominately’ in recent years we have recognized, as a company, the noted changes and associated DEP initiatives that many other market segments …. have embattled.

“This recent consent order reflects the continued expansion of our state agencies to push into new industry segments. As a longstanding local business we recognize the importance of providing a safe and stable work environment for our employees, being good neighbors and certainly good environmental stewards. To that end, we as a company have and will continue to devote the required employee training and investment resources necessary to proactively adjust to our changing environmental landscape.

“We are hopeful that the state agencies are fair in their evaluation, offer potential mentoring programs for positive efforts, and apply enforcement fairly across each market segment. We look forward to a mutual partnership with state agencies where economic growth and development may progress at a continued steady rate without hindrance from avoidable overregulation.”

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