Federal environmental regulators are proposing a $79,000 fine against Union Carbide for alleged violations of a water pollution permit.
The U.S. Environmental Protection Agency is planning to file a consent agreement and final order hitting the South Charleston corporation with the civil administrative penalty pending a 40-day comment period as required by the federal Clean Water Act.
The agency says that Union Carbide violated its National Pollutant Discharge Elimination System permit and the Clean Water Act by exceeding effluent limits, discharging unauthorized stormwater and failing to implement or maintain a stormwater pollution prevention plan that the permit requires.
Union Carbide’s committed effluent exceedance violations for parameters including zinc, cadmium, silver and fecal coliform at eight different outfalls from November 2015 through June 2019, according to the Environmental Protection Agency.
The Union Carbide facility discharges into the Kanawha River, the agency said.
In a statement, a Union Carbide spokesperson said the company takes all enforcement actions seriously and noted that the proposed consent agreement does not require any remedial action.
The 40-day comment period began on March 26, and comments will be accepted until May 5.
All comments should be emailed to the U.S. EPA Mid-Atlantic regional hearing clerk at R3_Hearing_Clerk@epa.gov. The agency says all comments must include the writer’s name, address and telephone number.
Union Carbide is fighting another legal battle with a South Charleston company alleging that the company is discharging water pollutants onto their property.
The Courtland Company has filed three unresolved lawsuits against Union Carbide since 2018 seeking relief from alleged pollution violations by Union Carbide harming Courtland.
Senior Judge John Copenhaver, Jr. on Monday denied the Courtland Company’s request in the U.S. District Court for the Southern District of West Virginia for a temporary restraining order directing Union Carbide to stop all discharges from what the company has offered evidence to suggest is a toxic dumping site in South Charleston leaking hazardous substances into nearby Davis Creek and its tributaries.