State Commission Keeps Probe Open into Gary Water System Problems

The West Virginia Public Service Commission on December 16 denied the City of Gary’s request to dismiss an inquiry into persistent water quality failures and system losses at the Gary Municipal Water Works. The ruling preserves an active review that could lead to operational reforms or formal designation of the utility as distressed or failing under state law.

The Commission’s action follows a staff petition filed July 9, 2025 to open a proceeding under West Virginia Code section 24 2H 1 et seq., citing repeated boil water advisories, chronic poor water quality and a lack of resources to address aging infrastructure. The Commission opened the matter on August 27, 2025 as Case No 25 0611 W DU and added the McDowell County Public Service District and the City of Welch as parties to the proceeding.

Procedural steps have continued through the fall. On October 30, 2025 staff served a data request to Gary, and an administrative law judge later ordered the city to respond. Staff issued a data request to McDowell County Public Service District on November 25, 2025, and McDowell answered on December 15. Gary moved to dismiss the proceeding on December 1, 2025, pointing to efforts to secure funding to refurbish its system. Staff opposed dismissal on December 4, 2025, noting that the project is not fully funded and raising concerns about utility management and responsiveness to customers.

In its December 16 Procedural Order the Commission found a dismissal premature while the investigation continues. Staff is required to file a final substantive recommendation by February 6, 2026 as previously set by the administrative law judge. The order also reminded Gary that it must fully respond to outstanding data requests.

For residents of Gary, Welch, Davy and nearby communities the decision keeps open pathways to state assistance or oversight that could stabilize service and protect public health. Outcomes could range from directed management changes to a formal distressed utility designation that triggers state intervention and funding options. Residents who have experienced water quality problems or who want to receive case notifications may email caseinfo@psc.state.wv.us and reference Case No 25 0611 W DU. The investigation remains active and the next substantive filings are expected early in the new year.