After you cross the Shenandoah River on Route 115, you can’t miss the Blake industrial solar project that sprawls over 500 acres of former farmland just before you get to Charles Town. Since early 2023, the West Virginia Department of Environmental Protection (WV DEP) has cited the project for numerous violations.
DEP Seeks Public Comment On Consent Order
According to a public notice dated July 3, the public has 30 days to comment on a proposed settlement between the West Virginia Department of Environmental Protection (DEP) and Horus West Virginia 1, LLC (Horus), the company that built and operates the project.
Since the DEP just posted the Consent Order outlining the settlement on its website this week, The Observer has contacted the DEP to ask whether the comment period deadline is August 2 (30 days after the July 3 public notice) or later. We will update this story when we receive more information.
Public comment can be emailed to DEP.Comments@wv.gov
Some Background On The Violations
Horus was cited for numerous violations of stormwater management regulations during the construction of the project. The Observer reported on some of these violations (with video) in February 2024.
The West Virginia Department of Environmental Protection issued Consent Order #10260 to Horus in April. The Order covers violations from May 2023 through January 2025. The document describes 22 separate violations, each with multiple items — a list of “failures” that stretches over 15 pages. The Order, which Horus signed on June 6, requires Horus to:
- “[I]mmediately take all measures to initiate compliance with all terms and conditions of its WV/NPDES permit and pertinent laws and rules,”
- Submit a proposed plan of corrective action within 20 days of the Order’s effective date, and
- Pay a civil administrative penalty of $193,780
DEP Proposes A Small Fine For 2 Years Of Violations
For comparison to the proposed $193,780 fine, the maximum penalty that could have been imposed on Horus is approximately $25,000 per day. Over the course of the 20 months covered by the violation notices, that maximum penalty would total to $15 million.
There are currently three other industrial solar projects planned for Jefferson County, all of which would be expected to follow the same stormwater rules as the Blake project. You can follow The Observer’s coverage of these projects here.
By Steve Pearson