Waco Oil and Gas Co. Inc. has reached a settlement with the Department of Justice, the US Environmental Protection Agency (EPA) and the state of West Virginia to resolve the alleged pollution violations.
Waco was alleged to have violated the Clean Water Act and West Virginia state law with unauthorized discharges of dredged or fill material into waters in Braxton County, West Virginia, according to a news release Friday of the Department of Justice. A complaint filed alleged that beginning in about 2017, Waco Oil and Gas dumped dredged or fill material into Bear Run tributaries and adjacent wetlands, as well as Cunningham Fork tributaries without federal or state permits necessary
According to a proposed consent decree filed in the U.S. District Court for the Northern District of West Virginia, Waco agreed to pay an $825,000 fine, restore the vast majority of affected waters and provide compensatory mitigation for the waters which cannot be restored. In addition, the company will place a deed of restriction on its property to protect the restored waters in perpetuity, according to the release.
According to the complaint, “from at least September 2016 through the present, Waco and/or persons acting on behalf of or at the direction of Waco conducted earthmoving activities on approximately 60 acres of the site, including, among others, land clearing. , uprooting, grading, excavating and lifting and storing soil with earth-moving vehicles and other equipment.” The activities resulted in the dumping of non authorized pollutant, according to the complaint.
“Clean water is vital to our communities and the environment,” said Todd Kim, Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice. “Today’s action demonstrates that the Department of Justice, along with its state and federal partners, is fully committed to upholding the Clean Water Act and protecting this critical resource.”
“EPA remains committed to vigorous enforcement of wetland protections,” said EPA Office of Enforcement and Enforcement Assistant Administrator David Uhlmann. “Today’s agreement makes it clear that companies will not be able to profit from illegally filling wetlands and endangering the health of the nation’s rivers and streams.”
“EPA is serious about enforcing regulations to protect the shared resources we all rely on,” said EPA Mid-Atlantic Regional Administrator Adam Ortiz. “Results like this remind West Virginia land developers that the health of their business and the health of the environment are totally connected.”
Waco, based in West Virginia, develops, manages and operates wells for oil and gas production, as well as provides mapping, accounting, drilling, production and field technology and services.
In August, Texas-based Mewbourne Oil Company agreed to pay a $5.5 million penalty to settle a civil complaint over pollution violations, according to an earlier EPA statement. Under the agreement, Mewbourne must also complete projects expected to cost at least $4.6 million to ensure that 422 of its oil and gas wells in New Mexico and Texas comply with state regulations and federal clean air and offset past illegal emissions.
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