NOTICES OF VIOLATION AVIAGEN SITES #30 AND  #31 

Violation #1: On July 20, 2021 ICWA volunteers filed a complaint to DEP with photos showing that sediment (mud) entered a sinkhole near the Aviagen Site #30 on the Zenith Road. After a DEP inspector who visited the site observed the sinkhole, DEP determined that Aviagen had failed to comply with the terms of its permit and issued a Notice of Violation to Aviagen Site #30.

Violation #2: On October 4, 2021 ICWA filed a complaint to DEP that Aviagen was constructing on Site #31 in spite of the fact that no permit had yet been issued. In filing their complaint, ICWA submitted photos showing major earth-moving activity. An inspector confirmed ICWA member observations, and DEP issued Notice of Violation to the Aviagen site #31 at Zenith for construction without a permit, a violation of the Clean Water Act.

Violation #3: On October 27, 2021 ICWA filed a complaint to DEP that Aviagen was constructing on Site #30 in spite of the fact that its permit for that site had expired. An inspector confirmed ICWA member observations and issued a third Notice of Violation to Aviagen site #30  for violating West Virginia Legislative Rules (National Pollutant Discharge System).