RICHMOND, Va. – A civil trial alleging that Dominion Virginia Power violated the Clean Water Act is scheduled to begin Tuesday morning in federal court in Richmond.
The Sierra Club, represented by the Southern Environmental Law Center, says coal ash stored at the closed Chesapeake Energy Center is causing pollution to the Elizabeth River.
SELC says Dominion has provided documents for the lawsuit that prove they have more than 3 million tons of coal ash stored in pits, ponds and an ash landfill at the former Chesapeake Energy site.
A representative for Dominion Power released the following statement regarding the trial:
Dominion is in compliance with its permits at CEC and believes Sierra Club is misinterpreting the facts, the permits, and the law in this case. Sierra Club’s theories are at odds with the Clean Water Act, established precedent and the complementary federal and state programs that regulate surface waters and groundwater. We look forward to presenting our case at trial and refuting the allegations. The court will then assess the evidence and arguments presented and make its decision in due course.
In inspections, Dominion has been in compliance with all of its permits at Chesapeake Energy Center including its water permit and solid waste permit which governs site-wide groundwater impacts, and surface water discharges.
Surface water samples taken over the past thirteen years as required by the Solid Waste Permit – are well below Virginia and EPA water quality standards for arsenic.
Surface water monitoring has demonstrated that the Elizabeth River continues to be protected.
A lawsuit fact sheet prepared by the Southern Environmental Law Center says because the coal ash is being stored in unlined pits, it has been entering the groundwater around the site and flowing into the Elizabeth River for over 30 years.
Sierra Club alleges that this violates the Clean Water Act.
However, a Dominion representative says water from the coal ash ponds is not flowing into the river.
The plant started accumulating coal ash in the early 1950s. Dominion stopped burning coal there in late 2014.
The trial is expected to last several days.
It had originally been scheduled for Norfolk’s federal court but because of a scheduling conflict was moved to Richmond. It is believed to be the first trial in the nation where a utility is being accused of Clean Water Act violations because of pollution from coal ash pits or landfills.
