Natural Gas Company Agrees to Settle CWA Claim in West Virginia

EPA LogoAn oil and gas company has agreed to settle an action brought by the EPA and the State of West Virginia arising out of claims that the company violated the Clean Water Act (“CWA”) and certain state regulations.

Specifically, the federal and state regulators claimed— and the company denied– that the company’s hydraulic fracturing-related activities had impacted certain streams and wetlands by, among other things, discharging dirt, rocks and other materials.  The governments claimed that these violations impacted approximately two miles of streams and four acres of wetland.

The consent decree provides that, following the governments’ involvement, the company promptly investigated all of the company’s activities throughout West Virginia, suspended the construction of new sites, trained relevant employees and contractors regarding CWA compliance, and cooperated with the EPA in its investigation.

As part of the settlement, the company will pay approximately $3.2 million and assist in restoration and mitigation of certain projects within West Virginia.  Furthermore, the government will be permitted to, among other things, inspect future sites, monitor activities, verify data, obtain samples and inspect the restoration activities.

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