Virginia Electric and Power Company (d/b/a Dominion Energy Virginia) Settlement Information Sheet

(Washington, DC)

On this page:

• Overview of Company
• Violations
• Injunctive Relief  
• Pollutant Impacts
• Health Effects and Environmental Benefits
• Civil Penalty
• Contact

Overview of Company

Defendant is a subsidiary of a Richmond, Virginia based utility company, Dominion Energy, Inc., which is the 3rd largest utility company in the United States and 7th largest in the world.  Defendant owns or operates the power generation and related facilities identified in the complaint and is the entity responsible for day-to-day oversight and environmental compliance activities. Violations identified in the complaint and resolved by the CD resulted in the discharge of pollutants into waters of the United States in excess of limits contained in NPDES permits and in violation of the CWA and Virginia law.  

Violations

The CD resolves seven claims asserted against the Defendant:

1. NPDES Construction Stormwater violations;
2. NPDES Discharge Limit violations;
3. NPDES Permit Notice Condition violations;
4. CWA Unauthorized Discharge violations;
5. VADEQ Only SWCL violations;
6. EPCRA Release violations; and
7. CERCLA Release violations.

The CD resolves violations at the following Dominion facilities:

1. Bremo Power Station, New Canton, VA
2. Chesapeake Energy Center, Chesapeake, VA
3. Gordonsville Power Station, Gordonsville, VA
4. Pittsylvania Power Station, Hurt, VA
5. Possum Point Power Station, Dumfries, VA
6. Southampton Power Station, Franklin, VA
7. Yorktown Power Station, Yorktown, VA
8. Bath County Power Station, Bath County, VA
9. Bear Garden Generating Station, New Canton, VA
10. Hopewell Power Station, Hopewell, VA
11. Mecklenburg Power Station, Clarksville, VA
12. Virginia City Hybrid Energy Center, St. Paul, VA
13. Bellameade Power Station, Richmond, VA
14. Mt. Storm Power Station, West Virginia

Injunctive Relief

The consent decree secures injunctive relief from the State Line, Kincaid and Brayton Point plants. Compliance with the settlement will reduce sulfur dioxide (SO₂The settlement seeks redress by requiring the defendant to conduct environmental compliance audits at numerous facilities and implement a comprehensive environmental management system.  To address overall compliance issues, the CD requires that Defendant provide and require annual training for all individuals with environmental management responsibilities at any Facility. Dominion also updated and implemented release reporting SOPs.  Regarding the the SWCL only violations the CD has State specific requirements for inspections and identification of violations and mitigation.  Additionally, to ensure compliance with the terms of the CD, there are stipulated penalties for failure to meet CD obligations and for effluent limit violations.  

Pollutant Impacts

Some of the common constituents found in coal ash disposal pond wastewater, including wastewater generated at the Dominion power generation facilities subject to this referral, have been associated with documented health and environmental impacts or potential health and environmental impacts based on the loadings and concentrations. 

In addition, findings made by the EPA when it prepared its construction-based stormwater regulations identify the significant environmental harm from sediment related to construction activities:

Even a small amount of construction may have a significant negative impact on water quality in localized areas. Over a short period of time, construction sites can contribute more sediment to streams than previously deposited over several decades.  See 55 Fed. Reg. at 47992 (November 16, 1990).     

Ammonia, the constituent of concern in the EPCRA and CERCLA release violations, is classified as a CERCLA hazardous substance and an EPCRA Extremely Hazardous Substance. Air modeling of this ammonia release shows that the plume traveled off-site which could also adversely affect the health of those living nearby.        

Health and Environmental Effects

When facilities do not timely notify the National Response Center, the State Emergency Response Commission and/or the Local Emergency Planning Committee of chemical releases, they severely limit the ability of emergency personnel, first responders, and the affected community to react properly. Dominion updated and implemented release reporting SOPs to address this concern.

Civil Penalty

Dominion will pay a civil penalty of $1,400,000 to resolve the claims in the complaint. Of the civil penalty, $410,000 will be paid to the United States and $990,000 will be paid to the Commonwealth of Virginia. The Commonwealth’s portion of the civil penalty is based on gravity and economic benefit calculations associated with the state only violations associated with the seep discharges of $200,000 and $380,000, respectively. The remainder of the civil penalty, $820,000 was split evenly between the United States and the Commonwealth, acknowledging the significant efforts by both co-plaintiffs.

For more information, contact:

Douglas Frankenthaler
Assistant Regional Counsel (3RC40)
US EPA Region III
1650 Arch Street
Philadelphia, PA 19103
P: 215.814.2472
F: 215.814.2603
frankenthaler.douglas@epa.gov