EPA v. DOMINION ENERGY, INC. (8 FACILITIES)

Case summary

CWA and CERCLA/EPCRA Release CD between the Plaintiffs EPA and VADEQ and Defendant Dominion Energy Virginia was lodged in the United States District Court of the Eastern District of Virginia. The substantive violations resolved include failure to comply with NPDES permit effluent limitations, failure to operate consistently with NPDES permit requirements, failure to comply with construction stormwater permit requirements and discharges not authorized by a NPDES permit. In addition, EPA has identified violations of release notification requirements of EPCRA/CERCLA at two Dominion operations, one in Virginia and one in West Virginia. At each Dominion failed to immediately report a release of ammonia above the reportable quantity to the NRC, state and local actors, as required by CERCLA Section 103 and EPCRA Section 304. Also, the CD resoled state only violation of the Virginia Water Control Law which captured seeps from coal impoundment ponds that discharged into adjacent rivers. VADEQ has assisted EPA in its CWA investigations and is a co-plaintiff and signatory to the CD. CWA discharges subject to the referral have the possibility to degrade receiving streams, harm drinking water quality and harm aquatic life. Actions to reduce or eliminate future discharge violations will protect the receiving waters by reducing impacts from discharges not in compliance with the CWA. Virginia and West Virginia have been made aware of the EPCRA/CERCLA violations as well. Dominion is also paying a $1,400,000 civil penalty to resolve past liability.

Defendants (1)

• DOMIONION ENERGY. INCNamed in complaintNamed in settlement

Facilities (12)

• MOUNT STORM POWER STATION

  STATE ROUTE 93, MOUNT STORM, WV, 26739

  Registry ID: 110045653253

• VIRGINIA ELECTRIC POWER COMPANY CHESTERFIELD POWER STATION

  500 COXENDALE ROAD, CHESTER, VA, 23836

  Registry ID: 110000342530

• VEPCO CHESAPEAKE ENERGY CTR

  2701 VEPCO ST, CHESAPEAKE, VA, 23323

  Registry ID: 110000342040

• DOMINION - BREMO POWER STATION

  1038 BREMO RD, BREMO BLUFF, VA, 23022

  Registry ID: 110020673485

• DOMINION - VIRGINIA CITY HYBRID ENERGY CENTER

  3425 RUSSELL CREEK ROAD, ST PAUL, VA, 24283

  Registry ID: 110055497779

• DOMINION YORKTOWN

  1600 WATERVIEW RD, YORKTOWN, VA, 23692

  Registry ID: 110000342371

• DOMINION YORKTOWN

  1600 WATERVIEW RD, YORKTOWN, VA, 23692

  Registry ID: 110000342371

• MOUNT STORM POWER STATION

  STATE ROUTE 93, MOUNT STORM, WV, 26739

  Registry ID: 110045653253

• MOUNT STORM POWER STATION

  STATE ROUTE 93, MOUNT STORM, WV, 26739

  Registry ID: 110045653253

• DOMINION POSSUM POINT

  19000 POSSUM POINT RD, DUMFRIES, VA, 22026

  Registry ID: 110000340774

• CLOVER OLD DOMINION ELECTRIC COOPERATIVE

  4091 CLOVER RD, CLOVER, VA, 24534

  Registry ID: 110070703513

• VEPCO CHESAPEAKE ENERGY CTR

  2701 VEPCO ST, CHESAPEAKE, VA, 23323

  Registry ID: 110000342040

Statutes cited

• EPCRA 304 — Emergency Release Notification Section 313 Program
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• DOMINION ENERGY, INC. (8 FACILITIES)entered 2020-07-20

  Primary law: CWA

  Federal penalty: $410,000 · State/local: $990,000

Timeline (5 milestones)

• 2017-09-29Referred To Dept Of Justice
• 2017-10-12Enforcement Action Data Entered
• 2020-03-13Complaint Filed With Court
• 2020-03-13Final Order Lodged
• 2020-07-20Final Order Entered