DEQ takes enforcement action against Mountain Valley Pipeline

The Virginia Department of Environmental Quality has issued a Notice of Violation to Mountain Valley Pipeline for alleged violations of the Virginia Stormwater Management Act and Regulations, the Virginia Erosion and Sediment Control Law and Regulations, the Virginia Water Protection Permit Program and Regulations, and Clean Water Act Section 401 Water Quality Certification No. 17-001 at locations where land disturbing activity is occurring along the MVP pipeline project.

The alleged violations include failure to take corrective actions within required timeframes, failure to install (and improperly installed) best management practices in accordance with approved erosion and sediment control plans, release of sediment off the right-of-way, and sediment deposited in surface waters.

These issues are located in Craig, Franklin, Giles, Montgomery, Pittsylvania and/or Roanoke counties.

The issuance of an NOV is the first step toward generating enforcement action by DEQ. The NOV requires MVP representatives to contact DEQ within 10 days to discuss how to remedy the situation and how they will prevent future violations. Enforcement actions are frequently resolved with payment of civil charges and required actions to correct the violations.

“The Notice of Violation process is standard procedure for DEQ to formally and publicly announce violations and determine a path forward for resolution,” said DEQ Director David Paylor. “The specific results of the NOV will be developed over the coming weeks and once finalized, shared with the public. We are concerned about these alleged violations and we are holding MVP accountable. We expect MVP to abide by the highest environmental standards, and we plan to resolve these issues fully in order to protect Virginia’s water quality.”

This NOV does not constitute a stop work order. While the NOV is not directly associated with the ongoing MVP suspension of work, some of the inspection results cited in the NOV did contribute to the voluntary work suspension first announced on July 29. Some areas of concern listed in the NOV have since been corrected through these ongoing enhancements.

DEQ is continuing inspections of the MVP project and releasing segments to resume work once they reestablish erosion and sediment control measures in accordance with all requirements.

The full NOV is available at www.deq.virginia.gov or at
https://www.deq.virginia.gov/Portals/0/DEQ/Water/Pipelines/MVPLandDisturbingNOV_July.pdf.