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