Virginia AG, DEQ sue Mountain Valley Pipeline over alleged violations

Dec. 10, 2018
Virginia Atty. Gen. Mark R. Herring (D) announced that the state’s Department of Environmental Quality (DEQ) and Water Quality Board sued Mountain Valley Pipeline LLC (MVP) for alleged repeated environmental violations in five southwestern Virginia counties over the past year, particularly during major rain events.

Virginia Atty. Gen. Mark R. Herring (D) announced that the state’s Department of Environmental Quality (DEQ) and Water Quality Board sued Mountain Valley Pipeline LLC (MVP) for alleged repeated environmental violations in five southwestern Virginia counties over the past year, particularly during major rain events.

The Dec. 7 action in Henrico County Circuit Court said builders of the interstate natural gas pipeline failed to control sediment and stormwater runoff in violation of state environmental laws and regulations and MVP’s Clean Water Act Section 401 Water Quality Certification. “We’re asking the court for an enforceable order that will help us ensure compliance going forward, and for penalties for MVP’s violations,” Herring said.

The complaint against MVP alleged that DEQ inspectors identified violations of environmental laws, regulations, and permits in May, June, July, August, September, and October 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, mostly related to improper erosion control and stormwater management.

The suit alleged 10 counts of illegal action against MVP, including unpermitted discharges, sediment found off the project’s right-of-way, and failures to:

• Maintain and repair the project’s erosion and sediment control structure.

• Repair erosion and sediment controls within the required timeframe.

• Apply temporary or permanent stabilization.

• Install clean water diversions.

• Keep a daily log of activities related to environmental permit compliance and corrective measures implemented.

• Install adequate channel, flume, or slope drain structures.

• Construct a vehicular stream crossing.

• Maintain access roads.

Virginia DEQ Director David K. Paylor said the administration of Gov. Ralph Northam (D) has empowered the department to pursue all actions necessary to enforce the state’s environmental standards and protect its resources.

“In this case, we determined that referral to the attorney general’s office was prudent in order to seek faster resolution to these violations,” he said.

OGJ’s efforts to get a response from MVP’s main office in Canonsburg, Pa., on Dec. 10 were unsuccessful.

Contact Nick Snow at [email protected].