As county officials navigate loss of local control at data center sites, a responsibility stands: stormwater
West Virginia regulators confirmed that Berkeley County officials remain responsible for enforcing stormwater requirements at certified high-impact data center sites. The clarification affects a planned 600-megawatt data center project developed by Penzance and comes as local officials adjust to a state law that removed much of their zoning and regulatory authority.
The West Virginia Department of Environmental Protection determined that the Berkeley County Commission and Berkeley County Public Service Stormwater District must continue complying with all conditions of the county's federal Municipal Separate Storm Sewer System permit. That includes maintaining stormwater ordinances throughout the area covered by the permit, including the footprint of certified high-impact data centers.
Berkeley County Legal Director Anthony Delligatti requested the clarification while officials examine how the state's high-impact data center law affects local responsibilities. The county is preparing for a 600-megawatt digital infrastructure project developed by Washington, D.C.-based Penzance. The state Attorney General's Office declined to provide guidance because it is involved in a separate legal challenge to the data center law.