Dive Brief:

• The Virginia State Water Control Board voted 6-1 last week to allow Dominion Virginia Power to drain treated water from a pair of coal ash ponds into the James River and Quantico Creek, according to The Roanoke Times.
• The permit, the first of several Dominion will need, allows it to drain water from ash ponds at the Possum Point Power Station and Bremo Power Station. The utility is working to close 11 coal ash ponds at four power plants, and faces opposition from individuals and groups worried about how the waste will be handled.
• A U.S. District Court last year rejected a bid by Dominion to dismiss a Sierra Club lawsuit for alleged violations of the federal Clean Water Act and a state permit. The suit claims that arsenic and other pollutants are migrating from coal ash stored at its shuttered Chesapeake Energy Center into the Elizabeth River.

Dive Insight:

Opposition to Dominion's plan for coal ash ponds in Prince William and Fluvanna counties had significant opposition, the Roanoke Times reported, including the Maryland Department of Natural Resources, state Sen. Scott Surovell (D), and the James River Association.

In comments filed last month with regulators, the association said the permit "fundamentally misapplies the federal Clean Water Act, and federal and state implementing regulations, by authorizing high levels
of pollution to be discharged 365 days a year at unlimited volumes."

The utility has said it will construct temporary water treatment facilities prior to ensure the water returned to the rivers is clean. But opponents worry about a so-called "mixing zone" where the water will not be compliant with state standards. A 2,000 foot section of the James River will be used for mixing.

“Mixing zones create a high hazard area for fish and wildlife,” Bill Street, CEO of the James River Association, told the Roanoke Times. “There are permits in North Carolina with lower limits. We’d ask that you make sure the James River is equally protected rather than relying on dilution to meet standards.”

Sen. Surovell asked the board to delay a decision. “My concern, which I’ve heard from many constituents about this, is they want to make sure we’re not retrograding, we’re not backsliding, we’re not making things worse than they are today," he said.

The DEQ, according to the Roanoke Times, rejected multiple requests last month to extend public comment on the coal ash issue and delay a vote of the water board, and the board's attorney said during their meeting that extending public comment was outside its authority. 

Dominion will also need to get favorable rulings on coal ash ponds at the Chesterfield Power Station and Chesapeake Energy Center. After the ponds are drained, the utility will also reportedly need solid waste permits to seal them and cover them with soil and grass.