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EPA Settles Clean Water Act Case against W. Va. Department of Transportation over fill discharge into waterways

Release Date: 9/9/2003
Contact Information: Roy Seneca 215-814-5567

Contact: Roy Seneca 215-814-5567
PHILADELPHIA – The West Virginia Department of Transportation has settled alleged violations of the Clean Water Act relating to the unlawful discharge of fill material into three state waterways. In a consent agreement with EPA, the W. Va. DOT has agreed to restore a creek impacted by the violations and pay a $13,500 penalty.

EPA cited W. Va. DOT for violating regulations that require a permit from the U.S. Army Corps of Engineers before dredged or fill material may be discharged into wetlands or waterways. This permit requirement protects these natural resources, and preserves their environmental, recreational, and economic functions – including flood control, water filtration, and wildlife habitat. For more information, visit

EPA cited the W. Va. DOT for the following violations:

• Beaver Creek: In August and September 2001, W.Va. DOT used heavy construction equipment to dredge Beaver Creek in Raleigh County. The Department did not have a Clean Water Act permit for this dredging and filling activity, which disturbed about 4,500 feet of Beaver Creek between County Road 9 and the Grandview Road Bridge.

• Tygart River: W. Va. DOT violated its Clean Water Act permit by failing to use the appropriate fill material during its construction of a causeway in the Tygart River. This resulted in a silt plume in the river and a degradation of water quality in the construction area. The construction of the causeway, which began in June 2000, was part of the building of Benton’s Ferry Bridge in Marion County.

• Spruce Fork: In April through June 2002, W. Va. DOT discharged stones directly into Spruce Fork, a waterway in the Town of Powell Creek, Boone County. The Department did not have a Clean Water Act permit for this filling operation, which was part of the construction of a low water crossing.


The W. Va. DOT has signed a consent order requiring it to stabilize and restore the 4,500 feet of Beaver Creek impacted by its dredging and filling operation. This work will include erosion and sediment controls, and will incorporate natural channel designs to return the creek to as close to its natural state as possible.

As part of the settlement, W. Va. DOT neither admitted nor denied liability for the alleged violations.