WAYNE Ƶ Updates were given and another hearing date set for the civil case Department of Environmental Protection v. Prichard Public Service District.
At a status hearing Wednesday, Jon Frame, attorney for the West Virginia DEP and Paul E. Biser, attorney for the Prichard PSD provided updates to Judge James Young on the status of the PSDƵs compliance with DEP regulations and discussed with him how to move forward.
The lawsuit the case is based upon was filed by the DEP on Jan. 30, 2024, and claims that the PSD discharged sewage without a permit, caused conditions not allowable in waters of the state, failed to notify regarding a spill and improperly disposed of solid waste.
It refers to a series of Notice of Violations that the DEP issued in relation to inspections that were done April 12, 2021, through Dec. 12, 2023.
During the status hearing Wednesday, Frame provided Biser and the court with documents specifying the violations that were noted and the notices of violation (NOVs) that were issued in connection with an inspection the DEP conducted of the PSD this May (the most recent inspection).
Frame said there had been some movement towards compliance, but that there were some outstanding issues that needed to be addressed.
According to the report for the DEP inspection, which was conducted May 13, Prichard PSD was given an overall facility rating of unsatisfactory, though some individual areas Ƶ flow meter, holding tank and permit Ƶ were given a rating of satisfactory.
Also according to the report, the PSD had the following two NOVs issued to it Ƶ one for discharging from a point other than a permitted outfall and one for having failed to properly operate and maintain systems of the sewage treatment unit to achieve compliance with the conditions of its permit (which the report indicated was active and has a 2029 expiration date).
According to the report, the non-permitted point of discharge was a manhole near the GiovanniƵs lift station, and issues noted in the other NOV were:
- Excessive amount of solids accumulating on the bar screen
- Lack of aeration and mixing in the aeration basins leading to septic conditions
- Air leaks found during the observation of aeration tanks
- No clarity, excessive amount of floating sludge and debris and air leaks causing turbulence in the clarifiers
- UV disinfection not being operational during the inspection and there being a buildup of sludge observed in the UV trough
- The GiovanniƵs lift station not being operational
The report also said the inspector ƵObserved the BurkeƵs lift station lid and control panel door open and not properly sealed to protect the electrical wiring and control panel. Wiring from the submersible pump was not installed in the electrical conduit as designed.Ƶ
Biser said during WednesdayƵs hearing that a lot of the PSDƵs issues have been funding related.
For example, a Prichard PSD representative shared back in 2021 that the PSD has faced issues of not getting paid for its services; the PSD has faced challenges in efforts to expand sewer service to more customers; and the PSDƵs audits have been behind for several years, which can limit funding opportunities.
Next steps
Biser said Wednesday that the PSD had entered into a contract to replace the pump at the GiovanniƵs lift station and to fix items in its plant. He said the pump is expected to be replaced next week and he expects work in the plant to be resolved by next month.
Another hearing was also scheduled for 9 a.m. Aug. 11, with the expectation that the parties will investigate the situation and a consent order may be presented, potentially specifying the plan and timeline for getting the PSD back in compliance, at that upcoming meeting.
Prichard PSD Board Member Mark Ross shared in an interview following WednesdayƵs hearing that in addition to entering into the contract to make improvements to the PSDƵs system, the PSD is also now on the year 2022 on its audits, where it previously had not been audited since 2018.
Ross said the Prichard PSDƵs board Ƶ consisting of himself, Brandon McCormick and Bruce Workman Ƶ has Ƶbeen working diligently to get the mess straightened up that was handed to us.Ƶ
Ross also said the Wayne County Commission Ƶhas been excellent in giving us guidance and helping us financially when they could.Ƶ
Since late 2022, all previous members of the PSDƵs board have been replaced with the new members McCormick, Workman and Ross.
The commission in July 2024 approved a $110,000 funding request from the Prichard Public Service District (PSD) for State and Local Fiscal Recovery Funds, also called American Rescue Plan Act (ARPA) Funds, to be used for Prichard PSDƵs Wastewater System Improvements (Step 1) Project.
Biser said there are plans to speak with the Wayne County Commission again at its regular meeting Monday.
