Demand WVDEP Take Action on Stormwater Violations at NJES

Dear Assistant Chief Inspector Wright,

We are concerned about violations occurring in regard to Reissued NPDES/State Storm Water Construction Permit #WVR109150 (Jefferson Utility Inc, (JUI) Waterline, Tank, Booster, and Altitude Valve). The violations are occurring along the JUI easement at North Jefferson Elementary School (NJES), 6996 Charles Town Road, Kearneysville, WV 25430 (Photo 1). The violations were reported using the Environmental Enforcement Internet Complaint Form on August 28, 2019 at 1:55 pm.

We demand that WVDEP take the following actions:

1) The WVDEP must inspect and report on the status of the violations occurring at NJES, and compel JUI and/or the other consultants and contractors noted on permit #WVR109150 (Thrasher Engineering, Snyder Environmental Services, Inc. and Mid Atlantic Storage Systems, Inc.) to properly remediate the area.

2) WVDEP must confirm that the area has been remediated properly with a post-remediation inspection and report. This inspection and report must be made available to the public in order to reassure parents and the community that the construction work being performed so close to the school is safe.

3) WVDEP must review this permit’s Storm Water Pollution Prevention Plan (SWPPP), Ground Water Pollution Prevention Plan (GWPPP) and Karst Mitigation Plan for adequacy to protect our WV rivers, streams, and groundwater.

4) We urge WVDEP to consider other actions, such as increased inspection frequency and reporting.

5) We request that WVDEP provide a completion report on the sinkhole identified at NJES. It is very concerning, as the sinkhole appears to coincide with the exact location where water is ponding along the easement.

We submit this violation complaint out of concern for the students attending NJES. The water-logged area is not secured with a fence or other structure to prevent children from entering this dangerous area, and it was noted by photographers that the ground near the water was soft and unstable. The school year at NJES began on Monday, August 19, 2019, and this water issue was noted by a number of parents during the first week of school as this water pooling area is clearly visible from the parent drop-off area. We have also been informed that the grass area to the left of the parent drop-off area is used by the school during fire drills and emergencies. In its current state, students would not be able to safely evacuate the school without risking students potentially entering the water or coming into contact with it.

No construction project should put the general public at risk from harm. WVDEP’s permitting regulations seek to minimize these risks by requiring construction sites to conform to standards. We ask you to hold JUI and the other companies associated with this work site to those standards, especially when they are operating in close proximity to children.

Thank you for your consideration and we look forward to hearing how the WVDEP plans to proceed in light of these violations.

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