Some Alleged Waste Water Permit Violations Have not Been Subject to Prior West Virginia DEP Orders

Updated 6 years ago by Tony Rutherford HuntingtonNews.Net Reporter

Some waste water permit violations alleged in a Huntington Sanitary Board Draft Consent Order have not been the subject of previous administrative orders, according to a compliance official from the West Virginia Department of Environmental Protection.

Cynthia Musser, environmental inspector supervisor Southwest Region, told HNN Thursday, September 5, by phone, “it is up to Huntington on whether they [INCO] met pre-treatment requirements.” 

Ms. Musser declined comment on whether HSB or Special Metals/INCO are subject to a WV DEP or US EPA investigation.

The alleged waste discharge permit and sewer use violations date back to 1999 and propose a total fine of $254,000. They were reported in a September 1, 2013 Herald Dispatch story.

Three categories of violations and alleged violations exist based on the story. They concern wastes discharged by the company into the Huntington sanitary sewer system which exceed permit requirements of the Federal Clean Water Act.

Thirteen violations apparently occurred between July 2002 and June 2013 of which the company has already paid fines to WV DEP, and apparently pertain to acid spills and test samples exceeding permit limits for nickel, chromium and mercury. These apparently relate to a Resource Conservation and Recovery Act (RCRA) consent decree settlement with WV DEP of $60,850. The company has paid WV DEP a $305,000 fine for violations of the Clean Air Act, too.

Two categories in the draft order allege violations, per the newspaper report. Fourteen separate fines for violations relate to Ph sampling excursions and four acid spill incidents ranging between 1999 and 2012. The draft proposes $54,000 in fines for these violations.

The second category of alleged violations propose $200,000 in fines for nine violations between 2003 and February 2013 at the pickle house/cold draw facility.

In the cover letter to Special Metals/INCO, a Sanitary Board official stated, per the newspaper report, “some” alleged violations contained in the draft consent order “endanger or have endangered water quality, human health and/or the proper functioning” of HSB facilities.







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