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Institute truck terminal to pay fine for alleged pollution

CHARLESTON, W.Va. - The operator of a truck terminal in Institute has agreed to pay a $49,756 fine for allegedly violating state pollution laws.

Quala Systems Inc., headquartered in Exton, Pa., agreed to pay the fine for allegedly violating its permit to operate a disposal system for the direct discharge of treated industrial wastes into an unnamed tributary of the Kanawha River at Institute.

The state Department of Environmental Protection alleged that a Feb. 1, 2011, inspection turned up inaccurate reports and a fecal coliform count that exceeded the maximum daily permitted at a discharge outlet. The department also alleged that the company's discharges had exceeded permitted limitations 18 times in recent months.

According to a proposed consent order signed July 27 by James Rakitsky, Quala Systems agreed to bring its operations into compliance and pay the fine.

In an unrelated case, an undated consent decree was proposed in McDowell Circuit Court that would resolve selenium discharge limitations and other pollution issues for Black Wolf Mining Co.'s mine near Thorpe, McDowell County. Black Wolf would pay a $68,200 fine.

In other cases:

* A Jan. 9 inspection of Elkins Metal Recycling's operation at Elkins allegedly showed the company failed to develop and implement a groundwater protection plan, failed to document inspections and training, failed to clean petroleum-based spills, and failed to report spills.

An April 9 inspection allegedly revealed additional violations. In a consent order signed on July 30 by Andrew Gongola, Elkins Recycling agreed to bring its operations into compliance and pay a $16,830 fine.

* The department proposed fining the city of Elkins $13,000 for alleged pollution law violations but agreed to accept $2,500 based on the city's ability to pay.

According to a consent order, department personnel on Sept. 14, 2011, investigated a complaint of dead fish in Woolwine Run, near the Colonial Court Service Center in Elkins. The department determined that sewage deposits in the stream were allegedly caused by a break in a sewage collection line. The department said the line is a part of the city's wastewater treatment plant and collection system.

The department alleged that the city failed to immediately notify it of the discharge. The inspector allegedly found about 25 dead fish.

In an agreement signed July 25 by Mayor Duke Talbott, Elkins agreed to bring its operations into compliance and pay the $2,500 fine.

* Grenadier Energy Gathering, a subsidiary of Grenadier Energy Partners of The Woodlands, Texas, allegedly violated several pollution laws while it was constructing natural gas compressor stations and pipelines in Wetzel County.

In a consent order signed July 23 by Byron Hailey III, Grenadier Energy Partners' vice president of operations, Grenadier agreed to bring its operations into compliance and pay a $14,770 fine.

The Department of Environmental Protection is accepting public comments on the consent orders and consent decree. The documents are posted on the department's website at

Contact writer George Hohmann at or 304-348-4836.


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