FAYETTEVILLE - An owner of an underground tank is being sued over claims of statutory violations.

Scott G. Mandirola, director of Division of Water and Waste Management, and West Virginia Department of Environmental Protection filed a lawsuit Nov. 1 in the Circuit Court of Fayette County against Walt's Betterway Ltd., citing statutory and legislative violations and public nuisance.

The plaintiffs contend the defendant has underground storage tanks in Meadow Bridge. On Sept. 24, 2009, and Sept. 7, 2010, the West Virginia DEP issued a notice of violation to the defendant for failing to pay underground storage tank registration fees.

The fees are currently outstanding in the amount of $2,925, according to the complaint. The plaintiffs contend that on April 18, 2012, inspections of the storage tanks revealed code violations, including having underground tanks that were susceptible to leaking.

The complaint states the defendant has failed to respond to any notices and has taken no action.

The plaintiffs are seeking injunctive relief, payment for past due fees, civil penalties, proper treatment of the underground tanks and other damages the court deems appropriate. The plaintiffs are being represented in the case by Jason Wandling of the West Virginia Dept. of Environmental Protection Office of Legal Services in Charleston.

Circuit Court of Fayette County Case No. 13-C-289

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