State sues Mountain Valley Pipeline for “repeated environmental violations”

Published December 7, 2018 | By Evan Jones

The Commonwealth is suing the Mountain Valley Pipeline for what are called “repeated environmental violations” in counties that include Roanoke, Montgomery, Franklin, Giles and Craig. Attorney General Mark Herring and the Department of Environmental Quality allege MVP failed to control sediment and stormwater runoff, creating numerous violations of environmental laws and causing unpermitted impacts to waterways and roads in the region. The suit contends the violations occurred mainly during significant rain events over the last year.

A statement from EQM Midstream Partners said the unusually wet conditions and periods of rainfall presented construction challenges. It said the MVP project team “has worked diligently to ensure appropriate soil erosion and sediment controls were implemented and restored where necessary.”

From Attorney General Mark Herring: RICHMOND (December 7, 2018)—Attorney General Mark R. Herring and the Virginia Department of Environmental Quality today announced the filing of a lawsuitagainst 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:
  • the State Water Control Law,
  • the Virginia Stormwater Management Act,
  • the Erosion and Sediment Control Law,
  • the Virginia Stormwater Management Program Regulation,
  • the Erosion and Sediment Control Regulations,
  • the Virginia Water Protection Permit Program Regulations,
  • Section 401 Water Quality Certification 17-001 issued to MVP.
  • MVP’s Annual Standards and Specifications,
  • MVP’s Site Specific Erosion and Sediment Control Plan and
  • 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 availablehere.

WFIR - Mel Wheeler, Inc.