HUNTINGTON — The federal government and the State of West Virginia are suing a steel manufacturing company, alleging failure to protect the public.
The United States of America and the state of West Virginia filed a complaint June 6 in U.S. District Court for the Southern District of West Virginia Huntington Division against Felman Production, alleging violation of the Clean Water Act.
According to the complaint, manganese compounds are listed as a “hazardous air pollutant” regulated under the Clean Water Act. The suit says Felman's facility in New Haven is a "major source" to emit 10 tons per year or more of manganese compounds.
The plaintiffs allege sources of air pollutant emissions at Felman's facility in New Haven exceeded 20 percent opacity for more than five minutes in a 60-minute period, violating state and federal regulations.
The plaintiffs allege Felman Production failed to operate in a manner consistent with good air pollution control practices and failed to equip its facility with process equipment design, control equipment design, or operation and maintenance procedures to minimize the emissions of illegal materials
The U.S. government and West Virginia seek trial by jury, judgment requiring the defendant to comply with all applicable permits, civil penalties, court costs, disbursements and all other just and proper relief. They are represented by attorneys Nathaniel Douglas and Alexandra B. Sherertz of the Environmental Enforcement Section of the Environment and Natural Resources Division of the Justice Department in Washington.
U.S. District Court for the Southern District of West Virginia Huntington Division case number 3:18-cv-01003