State Ex Rel. Smith v. Kermit Lumber & Pressure Treating Co.

McHUGH, Justice:

The appellant, B.F. Smith for and on behalf of the State of West Virginia as the Chief of the Office of Waste Management of the West Virginia Division of Environmental Protection (hereinafter the “DEP”), appeals the April 4, 1996 order of the Circuit Court of Mingo County which dismissed the DEP’s action against the appellees, Kermit Lumber & Pressure Treating Company and Harrison Jude, stating that the matter was barred by the statute of limitations. The DEP filed a civil suit against the appellees on September 15, 1995, seeking to compel the appellees to clean up the…