A trucking company and a driver are being sued over a West Virginia highway spill that sent a chemical into a creek.

The Kanawha County Commission said Thursday that it filed a circuit court lawsuit over the August spill that dumped 3,000 gallons of the material into a tributary of Paint Creek, killing more than 30,000 fish. In a news release, the commission said the impact from the spill has been "torturous" for residents.

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Trucking company sued over chemical spill into WVa creek

A West Virginia trucking company is being sued over a chemical spill that poured into a creek. After the highway spill the truck driver for the company was arrested for diving under the influence. 

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The lawsuit, which also names the chemical's manufacturer, seeks a remediation plan within 10 days. The statement said the trucking company, Gadsen, Gaillard and West, proposed a monitoring and containment plan that the commission deemed as insufficient.

The chemical involved is a compound commonly used in cleaning detergents. The spill occurred on the West Virginia Turnpike near Pax. The lawsuit said the truck’s driver was arrested afterward on a drunken driving charge.

North Charleston, South Carolina-based Gadsen, Gaillard and West could not be reached for comment Thursday. The company did not have a working telephone number.