Courtland Lawyers File For Temporary Restraining Order Against Carbide Over Filmont Dump Site

Courtland Corp. wants the courts to halt the “unpermitted and illegal discharges of pollutants and storm waters” from what is known as the Filmont Dump along Davis Creek in South Charleston.

Michael Callaghan
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The temporary restraining order petition filed in the United States District Court for the Southern District of West Virginia.

The temporary restraining order request comes a day after Courtland filed a lawsuit alleging the dump is violating the federal Clean Water Act.

“The main goal is to get a judge to order Union Carbide to stop polluting the people of South Charleston, and polluting my client’s property,” attorney Mike Callaghan said. He represents Courtland in the suit.

Actions requested in the order include:

  • Within seven days submit a complete inventory of every outfall from the Filmont Waste Disposal Site from which pollutants are being discharged;
  • Within 14 days, submit a comprehensive list of all organic and non-organic pollutants that are currently being discharged;
  • Within 14 days submit an administratively complete application for a West Virginia/National Pollutant Discharge Elimination System permit for every outfall.
  • Submit a complete application for a Stormwater Discharge permit according to applicable West Virginia Regulations.
  • Appoint a Special Master to oversee this court order.

In a written statement Union Carbide said: “Union Carbide Corporation (UCC) is aware of the complaints by Courtland Company and the recently filed application for temporary restraining order. Prior to the filing of the application for temporary restraining order, UCC has been and will continue to cooperate and work with the West Virginia Department of Environmental Production (DEP) in investigating the factual allegations on this matter and the filing of the application for temporary restraining order will not diminish UCC’s efforts in this regard. UCC denies all claims asserted against it by Courtland, including those asserted in the application for temporary restraining order. UCC does intend to oppose the application for temporary restraining order and will continue to vigorously defend itself. As this is ongoing litigation, UCC will not comment further at this time.

Some Illegally Dumping Flood Debris in Kanawha County

A Kanawha County official says some residents have been illegally dumping flood debris.

The Charleston Gazette-Mail reports the information comes less than a week after a flood debris site at the Clendenin park and ride closed.

Deputy County Manager Andrew Gunnoe said the county planning office received a report Thursday about debris being dumped at the end of River Haven Road at Queen Shoals. He said the county will consider putting up a sign to let people know they can’t dump at the location and look into how to remove what’s already been dumped there.

Gunnoe said about 150 vehicles came through the park and ride on the last day it was open for debris collection. About 34 million pounds of flood debris had been removed from Kanawha County by Aug. 18.

Volunteers Tackle Massive Dumpsites in Mercer County

Volunteers are working to clean up areas of Mercer County, and have found massive sites of illegal dumping.

The Bluefield Daily Telegraph reports that volunteers are now 10 days into the 40-day campaign. County commissioner Greg Puckett says there has been a “tremendous” response.

Puckett says those participating have found several dumpsites. A cleanup of a dumpsite on Ada Road amassed 11,000 tires.

Puckett says volunteers have also found names and addresses of those who are illegally dumping trash, and officials are looking to prosecute.

Other cleanup projects are taking place in the coming days in the area. On April 5, Puckett says government officials are asking volunteers to clean up Courthouse Road for the National Day of Community Service.

More volunteer opportunities and garbage disposal sites can be found at https://www.facebook.com/keepmercerclean/ .

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