RIPLEY – The owners of three underground storage tanks in Jackson County are alleged to have failed to comply with an order issued by a state agency.
Harold D. Ward, acting director of the Division of Water and Waste Management of the West Virginia Department of Environmental Protection, filed a complaint in Jackson Circuit Court against Cope's Supermarket Inc. and Norma Jean Cope alleging failure to comply with a unilateral order and citing the West Virginia Underground Storage Tank Act (USTA).
According to the complaint, the defendants own and operate three underground storage tanks in Ravenswood. The suit states the West Virginia Department of Environmental Protection (WVDEP) issued an order to the defendants in 2016 that documented violations of the USTA and ordered a plan of corrected action.
The plaintiff alleges the defendants did not appeal the order and to date, have failed to comply.
The plaintiff seeks judgment against defendants for damages, pay all fees, permanent closure of the underground system, civil penalties in an amount not exceeding $25,000 per day for continued noncompliance and $10,000 per day all other violations of the USTA, costs, disbursements, attorney, witness and consultant fees, and other relief as the court deems just. He is represented by Chance Chapman of WVDEP Offices of Legal Services in Charleston.
The case has been assigned to Circuit Judge Lora Dyer.
Jackson Circuit Court case number 18-C-77