KANAWHA COUNTY, WV (WOWK) – The legal battle surrounding a chemical spill in the Paint Creek areas continues in Kanawha County.

Kanawha County Commissioners say a Final Notice of Violation was served to Dennis West of Gadsden, Gillard and West, LLC. Dennis West was driving for the trucking company when his truck crashed on the West Virginia Turnpike near Pax on Aug. 24, 2022, causing the chemical spill and closing part of the West Virginia Turnpike for nearly 20 hours. West, from South Carolina, was arrested on suspicion of DUI following the crash, authorities said at the time of his arrest.

Commissioners say the chemical that spilled into Skitter Creek, which flows into Paint Creek, was a surfactant called Empigen AS/F90, which is not soluble in water. The spill created what the commission calls a “safety hazard and public nuisance” that negatively impacted residents and property in the area.

“We are committed to holding the trucking company responsible for this headache that has been affecting the people of Paint Creek for months now,” said Commission President Kent Carper.

The commission says they are asking the trucking company to respond to the Final Notice with their plan to clean the spill site within 10 days of receiving the letter.

The commission says if the company does not bring the areas affected by the spill into Kanawha County Public Nuisance Ordinance compliance within 10 days of receiving the letter, they will file a complaint in Kanawha County Circuit Court. According to the commission, a draft of that complaint was also sent to the company.