The Berkeley County Public Service Sewer District, West Virginia Clean Water Settlement

(Washington, DC - November 17, 2021)  The Berkeley County Public Service Sewer District in West Virginia will pay a $518,400 penalty, make extensive improvements to its sewer and stormwater systems, and implement a state-directed supplemental environmental project valued at $1.14 million under a settlement with federal and state authorities, the U.S. Department of Justice, U.S. Environmental Protection Agency (EPA) and West Virginia Department of Environmental Protection (WVDEP) announced today.

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Overview of Sewer Authority and Facilities

The Berkeley County Public Service Sewer District (Berkeley County) provides wastewater collection and treatment for approximately 101,000 residents. Berkeley County’s wastewater and stormwater facilities includes approximately 245 miles of sewer pipes and 14 wastewater treatment plants that all discharge to the Potomac River or its tributaries, which are part of the Chesapeake Bay watershed.

Violations

The United States alleges that Berkeley County violated terms and conditions of its National Pollutant Discharge Elimination System permits, which set limits for how much of a certain pollutant an entity can discharge into a waterbody. The alleged violations include effluent limit exceedances and failure to prevent sanitary sewer overflows (SSOs) through proper operation and maintenance of its system, and failure to develop and implement a Municipal Separate Storm Sewer System (“MS4”).

Injunctive Relief

The proposed settlement includes specific requirements to address wastewater treatment plant exceedances of permitted pollutant limits, SSOs, unintentional discharges of raw sewage from municipal sanitary sewers, and to development and implement an MS4 program. Berkeley County will conduct a comprehensive assessment of its sanitary sewer system to identify defective sewer pipes and pump stations in poor condition.  The assessment results will be used to prioritize rehabilitation efforts aimed to prevent the occurrence of future SSOs.  During the first year of implementation of this settlement, Berkeley County will focus its efforts on assessing and rehabilitating portions of the county that have historically experienced SSOs, covering roughly 13% of the sewer system. No less than 65% of the sewer system will be assessed within 5 years of implementation.  Berkeley County will conduct a system-wide capacity assessment and development a plan to address areas where SSOs have occurred or are predicted to occur, especially during large rain events. Berkeley County will implement a comprehensive performance evaluation and corrective action plans for several wastewater treatment facilities.  The total cost of implementing these measures is estimated to be approximately $50 million over the 10-year period provided to complete the injunctive relief. 

Pollutant Reduction

Through the implementation of the proposed Decree, the following estimated annual pollutant reductions will result:

• 2,303 pounds of total suspended solids;
• 107,127 pounds of biochemical oxygen demand;
• 212 pounds of total nitrogen; and
• 2,714 pounds of total phosphorus.

Health Effects and Environmental Benefits

• Total Suspended Solids (TSS) – TSS indicates the measure of suspended solids in wastewater, effluent or water bodies. High levels of TSS in a water body can diminish the amount of light that penetrates the water column and reduce photosynthesis and the production of oxygen.
• Biological Oxygen Demand (BOD) – BOD is an indirect measure of the biologically degradable material present in organic wastes. High BOD means there is an abundance of biologically degradable material that will consume oxygen from the water during the degradation process. It may take away oxygen that is needed for aquatic organisms to survive.
• Nutrients – Excess levels of nitrogen and phosphorus in waters can produce harmful algal blooms. These blooms contribute to the creation of hypoxia or “dead zones” in water bodies where dissolved oxygen levels are so low that most aquatic life cannot survive.

Civil Penalty

Berkeley County will pay a civil penalty of $864,000 which will be split equally between the United States and the State of West Virginia.  $432,000 will be paid to the United States and Berkeley County will satisfy its obligation to pay $432,000 to West Virginia by (a) payment of $86,400 to the West Virginia Department of Environmental Protection and (b) completion of a state supplemental environmental protect with an estimated value of $1,145,000, which mitigates the remaining $345,600.

Comment Period

The proposed settlement, lodged in the U.S. District Court for the Northern District of West Virginia, is subject to a 30-day public comment period and final court approval. Information on submitting comments is available at the Department of Justice website.

For More Information, Contact:

James Zimny, Environmental Scientist
Municipal Enforcement Branch
Water Enforcement Division
Office of Civil Enforcement, US EPA
1200 Pennsylvania Ave., NW
Washington, DC 20460
202-564-6551
zimny.james@epa.gov