Fayette County, WV (WOAY) – The Department of Environmental Protection has notified the Public Service Commission about its ongoing legal action against Kanawha Falls Public Service District, one of three Fayette County PSDs up for sale to West Virginia American Water.
The DEP says the action could impact debt owed by Kanawha Falls and bind to any successor, including West Virginia American Water.
On May 7, 2026, the WV DEP filed a civil action, alleging violations of the West Virginia Pollution Control Act and the Groundwater Protection Act against Kanawha Falls PSD.
In the filing, they claim Kanawha Falls PSD was cited for causing the deposition of solids and scum, odor, and a distinctly visible color change as a result of ongoing unpermitted discharges of sewage from their collection system.
Beginning in April of 2024, the district has been assessed a civil penalty for each day of the violation, not to exceed $25,000 for each day.
Kanawha Falls has not responded to the complaint.
The PSC has set an evidentiary hearing for the sale of Kanawha Falls for August 24.
