On March 15, 2022, the U.S. District Court for the Northern District of West Virginia entered the Consent Decree and Complaint, Civil Action No. 3:21-CV-179, against Berkeley County Public Service Sewer District (Berkeley County), resolving chronic violations of Section 301 and 402 of the CWA. The pleadings were filed on behalf of Plaintiffs, the United States, the West Virginia Department of Environmental Protection (WVDEP), and Berkeley County. Pursuant to the settlement, Berkeley County will pay a penalty of $518,400, split between the Plaintiffs with $432,000 going to the U.S. and $86,400 to the State along with implementation of a state-directed supplemental environmental project valued at $1.14 million. The complaint cites 1,300 exceedances of pollution limits at Berkeley?s permitted wastewater treatment plants; over 500 sanitary sewer overflows (SSOs); failing to properly operate and maintain its sewage collection systems; and failing to develop and implement an adequate Municipal Separate Storm Sewer System (MS4) program.
In addition to a penalty, Berkeley has agreed to make extensive improvements to its sewer and stormwater systems, valued at approximately $50 million, including establishing a comprehensive MS4 program; assessing capacity, mapping, and development of a remedial measures plan for the sewage collection system; taking corrective actions at under-performing treatment systems; training employees; developing and implementing a pump station inspecti