KANAWHA COUNTY, WV (WOWK) — The Kanawha County Commission says they have filed a lawsuit against the trucking company responsible for a chemical spill in Paint Creek.

The lawsuit is against Gadsden, Gaillard and West, LLC. A driver for the company, Dennis West, was driving on the West Virginia Turnpike when it crashed and spilled chemicals near Pax on Aug. 24, 2022.

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. They say it killed more than 30,000 fish and polluted the drinking water for people in the area.

West was arrested on suspicion of DUI and is scheduled to be in court on Feb. 1, 2023, in Fayette County.