FOR IMMEDIATE RELEASE, December 7, 2018
ATTORNEY GENERAL HERRING AND THE VIRGINIA D.E.Q. FILE LAWSUIT OVER REPEATED ENVIRONMENTAL VIOLATIONS DURING CONSTRUCTION OF MOUNTAIN VALLEY PIPELINE
~ Complaint cites numerous instances in which MVP failed to adequately control erosion, sediment, and stormwater runoff in violation of state environmental laws and regulations and the project’s Clean Water Act Section 401 Certification ~
RICHMOND (December 7, 2018)—Attorney General Mark R. Herring and the Virginia Department of Environmental Quality today announced the filing of a lawsuit against Mountain Valley Pipeline, LLC for repeated environmental violations in Craig, Franklin, Giles, Montgomery, and Roanoke Counties, particularly violations that occurred during significant rain events over the last year. The suit alleges that MVP violated the Commonwealth’s environmental laws and regulations as well as MVP’s Clean Water Act Section 401 Water Quality Certification by failing to control sediment and stormwater runoff resulting in impacts to waterways and roads. The suit seeks the maximum allowable civil penalties and a court order to force MVP to comply with environmental laws and regulations. The matter was referred to the Office of Attorney General by the Director of the Department of Environmental Quality (DEQ) after numerous inspections identified violations at multiple construction sites.
“This suit alleges serious and numerous violations of environmental laws that caused unpermitted impacts to waterways and roads in multiple counties in Southwest Virginia,” said Attorney General Herring. “We’re asking the court for an enforceable order that will help us ensure compliance going forward, and for penalties for MVP’s violations.”
“The Northam administration has empowered DEQ to pursue the full course of action necessary to enforce Virginia’s environmental standards and to protect our natural resources,” said DEQ Director David Paylor. “In this case, we determined referral to the Office of the Attorney General was prudent in order to seek faster resolution to these violations. We appreciate the Attorney General’s coordination to ensure necessary compliance.”
The complaint against MVP alleges that DEQ inspectors identified violations of environmental laws, regulations, and permits in May, June, July, August, September, and October 2018 while investigating complaints it had received. In addition, an inspection company contracted by DEQ to monitor MVP’s compliance identified more than 300 violations between June and mid-November 2018, mostly related to improper erosion control and stormwater management.
Among the laws that MVP is alleged to have violated are:
1. the State Water Control Law, 2. the Virginia Stormwater Management Act, 3. the Erosion and Sediment Control Law, 4. the Virginia Stormwater Management Program Regulation, 5. the Erosion and Sediment Control Regulations, 6. the Virginia Water Protection Permit Program Regulations, 7. Section 401 Water Quality Certification 17-001 issued to MVP, 8. MVP’s Annual Standards and Specifications, 9. MVP’s Site Specific Erosion and Sediment Control Plan and 10. MVP’s Site Specific Stormwater Management Plans.
The suit alleges ten counts of illegal actions by MVP:
>> Unpermitted Discharge
>> Failure to Maintain and Repair Erosion and Sediment Control Structures
>> Failure to Repair Erosion and Sediment Controls within Required Timeframe
>> Failure to Apply Temporary or Permanent Stabilization
>> Sediment off of Right of Way
>> Failure to Install Clean Water Diversions
>> Failure to Keep a Daily Log of Activity Documenting Project Activities Related to Environmental Permit Compliance and Corrective >> Measures Implemented
>> Failure to Install Adequate Channel, Flume, or Slope Drain Structure
>> Failure to Construct Vehicular Stream Crossing
>> Failure to Maintain Access Roads
The case has been filed in Henrico County Circuit Court and a copy of the complaint is available here.
CONTACT: Charlotte Gomer, OAG, (804)786-1022 desk,
cgomer@oag.state.va.us
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Dear Friends & Concerned Citizens
As the end of the year approaches, it’s clear that the tide has turned against the proposed Atlantic Coast (ACP) and Mountain Valley (MVP) fracked gas pipelines.
I’m writing you today to for two reason: 1) To give you an update on where these two fracked gas pipelines stand and 2) To invite you join our team of Southerners fighting gas.
These pipelines used to be spoken of as “a done deal,” but both the ACP and MVP are indefinitely stalled thanks to years of work by residents, communities, and groups like the Sierra Club and our partners fighting to stop these unnecessary pipelines. As I take a look at where we’ve been this last year and look to the road ahead, I am overwhelmingly hopeful that all that hard work by so many dedicated people is paying off and neither of these pipelines will ever operate.
Some of the great successes you helped create this year are:
This summer the MVP and ACP started losing vital permits that would have allowed them to cross National Forest Lands, the Blue Ridge Parkway, and harm endangered species.
Volunteers with Mountain Valley Watch and the Pipeline Construction Surveillance Initiative reported hundreds of violations to state regulatory agencies. West Virginia issued 19 notices of violations for MVP and in December, Virginia’s Attorney General sued MVP for the repeated violations.
Also in December, ACP’s developers announced a halting of all construction on the entire pipeline route after again losing its permit from the US Fish and Wildlife Service to harm endangered species along its route.
As the roadblocks standing in the way of these pipelines increase, one thing is certain–as long as the ACP and MVP are still a possibility, the Sierra Club and people throughout the region will continue to stand in solidarity with communities along the routes to oppose these dirty, dangerous, unnecessary fracked gas pipelines. Will you join our team committing to keep the fight up in 2019 against ACP and MVP?
For our future,
Joan Walker, Sierra Club
Sierra Club, 2101 Webster St., Suite 1300, Oakland, CA 94612