Investigations Show Company’s Inadequate Sediment Control During Poultry House Construction Violates Clean Water Act, Pollutes Trout Habitat Waters

Discharge of sediment-laden runoff into tributary of the Stony River (Bomberger Run).

Washington, DC – October 13 – Potomac Riverkeeper Network (PRKN) today gave formal notice to New Pak, Inc., (“New Pak”) that it intends to sue New Pak under the Clean Water Act for persistent and illegal discharges of sediment-laden stormwater from its construction site in Grant County, WV into a waterway, which eventually reaches the North Branch of the Potomac River, PRKN President Nancy Stoner announced today.

Said Stoner, “Since November 2021, New Pak has been issued several notices of violation for its failure to comply with the terms of the permit under which it operates. The company has shown regrettable indifference to compliance with the law and the health of the waters of West Virginia.”

The Notice of Intent to sue charges that New Pak has discharged sediment-laden stormwater into waters of the State, has failed to put in place functioning erosion and sediment controls before land disturbance, and has failed to implement adequate stabilization measures during construction—all in violation of the terms of the General Permit for its construction in preparation of two poultry house pads and eventual six poultry houses and two covered litter sheds, on Bismarck Road in Grant County, West Virginia.

Brent Walls, Upper Potomac Riverkeeper, said, “My visual observations and photographic evidence reveal that New Pak has consistently discharged sediment-laden runoff into a small, unnamed tributary of the Stony River, known locally as Bomberger Run. Sediment from the New Pak site flows directly into Bomberger Run and eventually into the Stony River, a tributary of the larger North Branch of the Potomac River.”

The Notice of Intent to sue served by PRKN is required under the Clean Water Act and gives New Pak 60 days to cease its ongoing violations and bring itself into full compliance with the effluent limitations of the permit under which it operates.

Walls concluded, “The discharges, the absence of sediment stabilization measures, and repeated violations, including a discharge as recently as August 2022, demonstrate that New Pak must be held accountable to preserve West Virginia’s water; Bomberger Run and Stony River are prized trout habitats, which must be protected.”


About Potomac Riverkeeper Network

Potomac Riverkeeper Network is a registered 501(c)3 non-profit organization with three regional Waterkeeper branches: Potomac Riverkeeper, Upper Potomac Riverkeeper, and Shenandoah Riverkeeper. Our mission is to protect the public’s right to clean water in the Potomac and Shenandoah Rivers and their tributaries. We stop pollution to enhance the safety of our drinking water, protect healthy river habitats, and enhance public use and enjoyment.