ROMNEY - Two owners of a sewage treatment plant are being sued over claims the plant violated numerous West Virginia statutes.
Scott G. Mandirola, director of the Division of Water and Waste Management, and the West Virginia Department of Environmental Protection filed a lawsuit Oct. 7 in the Circuit Court of Hampshire County against Brian Malcolm and Stephanie Malcolm, doing business as T&S Market, citing legislative rule violations, statutory violations and common law public nuisance.
The plaintiffs contend the defendants operate a sewage treatment plant in Springfield that discharges into Abernathy Run.
On Dec. 15, 2009; Feb. 14, 2011; and Jan. 23, 2013, inspections of the sewage treatment plant were performed by the West Virginia Department of Environmental Protection and violations were found at each inspection.
The violations included sand filters full of vegetation, the plant's collection system receiving heavy inflow and infiltration, inadequate fencing, an ultraviolet bulb in the disinfection system not burning and the treatment plant failing to submit required reports, according to the complaint.
The plaintiffs are seeking injunctive relief, monetary penalties, abatement and other damages the court deems appropriate. The plaintiffs are being represented in the case by Andrew F. Tarr of the West Virginia Department of Environmental Protection Office of Legal Services in Charleston.
Circuit Court of Hampshire County Case No. 13-C-141.