Water Permits
Virginia Pollutant Discharge Elimination System (VPDES)
Permitting
The U.S. Clean Water Act established the National Pollutant Discharge Elimination System (NPDES) program to limit the release of pollutants into waterways like streams, rivers and bays. As part of the NPDES program, polluting facilities typically require water discharge permits.
Polluting facilities, referred to as point sources, are categorized according to discharge type and volume:
- Major: Industrial discharges that require review by the U.S. Environmental Protection Agency (EPA) and sewage with a volume equal to or greater than 1.0 million gallons per day.
- Minor: Small industrial and commercial discharges and sewage of less than 1.0 million gallons per day.
- General: Small volumes of low potency pollutants.
The EPA maintains the authority to review permits and permit applications for "major" dischargers in all states.
Virginia is authorized by the EPA to issues its own water discharge permits, which the Virginia Department of Environmental Quality (VA DEQ) does through its Virginia Pollutant Discharge Elimination System (VPDES) program. VPDES permits for surface coal mines are issued by the Virginia Department of Energy rather than the VA DEQ.[1]
Dominion Terminal Associates, Kinder Morgan Bulk Terminals, and the Lambert's Point Pier 6 Terminal are categorized as a "minor" industrial source under VPDES.
Enforcement
Permit compliance is enforced through scheduled routine inspections and inspections in response to residents' complaints to the VA DEQ. Routine inspection reports, inspections in response to residents' complaints, which are archived separately, and Discharge Monitoring Reports.
Water quality is monitored through a combination of VA DEQ oversight and facility self-reporting. Samples are collected at permit-specified "outfalls" using two primary techniques:
- Grab Samples: Individual samples taken at a specific moment (within a 15-minute window).
- Composite Samples: Samples collected over an extended period to show average discharge quality.
These samples are analyzed using EPA-approved methods, including Whole Effluent Toxicity (WET) tests. Key parameters measured to determine compliance include dissolved oxygen, pH, conductivity, residual chlorine, and temperature.
Water Quality Storage Pools
Water quality is maintained through a structured drainage and storage system utilizing three stormwater management pools. Here, the process is described for Dominion Terminal Associates, which is a tiered system designed to prevent coal-contaminated water from reaching the James River.
- Pool 1—Primary Collection and Sedimentation: All water runoff from the coal piles and machinery areas is funneled into ponds 1 and 3. The heavy coal particles sink to the bottom of the pool
- Pool 2—Clarification: Five groundwater wells pump water into pond 2 from ponds 1 and 3 as needed basis.
- Pool 3—Recycling: Water is pumped to be recycled for use for wet dust suppression.
Kinder Morgan Bulk Terminals use a similar system, with water runoff captured in a concrete-lined perimeter ditch system. This water is then treated in a lined-batch sedimentation pond to be recycled for their "rainbird" spray system for dust suppression.
Resources and Materials: See for Yourself and Dig Deeper
Dominion Terminal Associates (VA0057576)
Permit Applications
VPDES Permit Application (Dominion Terminal Associates), Virginia Department of Environmental Quality, January 24, 1996
VPDES Application Site Drainage Map, Version 1 (Clipped) (Dominion Terminal Associates), Virginia Department of Environmental Quality, May 24, 2001
VPDES Application Site Drainage Map, Version 2 (Dominion Terminal Associates), Virginia Department of Environmental Quality, May 25, 2001
VPDES Permit Application (Dominion Terminal Associates), Virginia Department of Environmental Quality, May 22, 2006
VPDES Permit Application (Dominion Terminal Associates), Virginia Department of Environmental Quality, April 29, 2011
VPDES Permit Application (Dominion Terminal Associates), Virginia Department of Environmental Quality, April 5, 2016
VPDES Permit Application (Dominion Terminal Associates), Virginia Department of Environmental Quality, June 10, 2021
VPDES Permit Fact Sheets
VPDES Permit Program Fact Sheet (Dominion Terminal Associates), Virginia Department of Environmental Quality, 2001
VPDES Permit Program Fact Sheet (Dominion Terminal Associates), Virginia Department of Environmental Quality, 2006
VPDES Permit Program Fact Sheet (Dominion Terminal Associates), Virginia Department of Environmental Quality, 2011
VPDES Permit Program Fact Sheet (Dominion Terminal Associates), Virginia Department of Environmental Quality, 2016
VPDES Permit Program Fact Sheet (Dominion Terminal Associates), Virginia Department of Environmental Quality, 2021
VPDES Related Correspondence and Other Records
Operations and Maintenance Manual (Dominion Terminal Associates), 2007
Correspondence between Dan Wagoner (Dominion Terminal Associates) and Steven Long (VA DEQ) Regarding a Concerns Arising from a Routine Inspection (Dominion Terminal Associates), Virginia Department of Environmental Quality, August 8, 2007
Sludge/Biosolids-Residuals Monitoring Reports, 2014 Annual Report (Dominion Terminal Associates), Virginia Department of Environmental Quality, February 10, 2015
Best Management Practices Plan Monitoring Report, 2016 Annual Report (Dominion Terminal Associates), Virginia Department of Environmental Quality, January 19, 2017
Operations and Maintenance Manual (Revised) (Dominion Terminal Associates), August 2021
Stormwater Pollution Prevention Plan (Revised) (Dominion Terminal Associates), August 2021
Massey Terminal (VA0057142)
VPDES Permit Fact Sheets
VPDES Permit Program Fact Sheet (Massey Terminal), 1986
Kinder Morgan Bulk Terminals (VA0057142)
Permit Applications
VPDES Permit Application (Kinder Morgan Bulk Terminals), Virginia Department of Environmental Quality, 1990
VPDES Permit Application (Kinder Morgan Bulk Terminals), Virginia Department of Environmental Quality, January 24, 1996
VPDES Permit Application (Kinder Morgan Bulk Terminals), Virginia Department of Environmental Quality, January 18, 2001
Amendment to VPDES Permit Renewal Application (Kinder Morgan Bulk Terminals), Virginia Department of Environmental Quality, April 13, 2006
VPDES Permit Application (Kinder Morgan Bulk Terminals), Virginia Department of Environmental Quality, 2016
VPDES Permit Application (Kinder Morgan Bulk Terminals), Virginia Department of Environmental Quality, 2021
VPDES Permit Fact Sheets
VPDES Permit Program Fact Sheet (Kinder Morgan Bulk Terminals), 1988
VPDES Permit Program Fact Sheet (Kinder Morgan Bulk Terminals), 1990
VPDES Permit Program Fact Sheet (Kinder Morgan Bulk Terminals), 1996
VPDES Permit Program Fact Sheet (Kinder Morgan Bulk Terminals), 1999
VPDES Permit Program Fact Sheet (Kinder Morgan Bulk Terminals), 2001
VPDES Permit Program Fact Sheet (Kinder Morgan Bulk Terminals), 2006
VPDES Permit Program Fact Sheet (Kinder Morgan Bulk Terminals), Version 2, 2006
VPDES Permit Program Fact Sheet (Kinder Morgan Bulk Terminals), 2011
VPDES Permit Program Fact Sheet (Kinder Morgan Bulk Terminals), 2016
VPDES Related Correspondence and Other Records
Operations and Maintenance Manual (Kinder Morgan Bulk Terminals), 2008
Revised Stormwater Renewal Documents and Correspondence (Kinder Morgan Bulk Terminals), Virginia Department of Environmental Quality, March 1, 2011
Pier IX Site Layout (Kinder Morgan Bulk Terminals), December 17, 2010
Operations and Maintenance Manual (Kinder Morgan Bulk Terminals), March 15, 2011
Operations and Maintenance Manual (Revised) (Kinder Morgan Bulk Terminals), September 16, 2011
Stormwater Pollution Prevention Plan (Kinder Morgan Bulk Terminals), January 17, 2012
Annual Storm Water Report and Best Management Practices (Kinder Morgan Bulk Terminals), 2016
Operations and Maintenance Manual with Correspondence (Kinder Morgan Bulk Terminals), April 2023
Correspondence between Cory Steil (Kinder Morgan Bulk Terminals) and Carl Thomas and Mark Kidd (VA DEQ) Regarding an Updated Operations Manual (Kinder Morgan Bulk Terminals), Virginia Department of Environmental Quality, July 15, 2013
Norfolk Southern Pier 6 Terminal (VA0003409)
Permit Applications
VPDES Permit Application (Norfolk Southern Pier 6 Terminal), U.S. EPA, June 8, 1984
VPDES Permit Application (Norfolk Southern Pier 6 Terminal), U.S. EPA, April 27, 1989
VPDES Permit (Norfolk Southern Pier 6 Terminal), Virginia Department of Environmental Quality, June 10, 2010
VPDES Annual Report (Norfolk Southern Pier 6 Terminal), Virginia Department of Environmental Quality, January 31, 2014
VPDES Discharge Monitoring Reports
Discharge Monitoring Report (Norfolk Southern Pier 6 Terminal), May 31, 2016
Cover Letter Discharge Monitoring Report Lamberts Point (Norfolk Southern Pier 6 Terminal), Virginia Department of Environmental Quality, December 14, 2017
Outfall 004 Resample (Norfolk Southern Pier 6 Terminal), December 15, 2017
Cover Letter of Discharge Monitoring Report (Norfolk Southern Pier 6 Terminal), Virginia Department of Environmental Quality, June 6, 2018
Semi-Annual Outfall 005 Resample (Norfolk Southern Pier 6 Terminal), March 12, 2018
Semi-Annual Report (Norfolk Southern Pier 6 Terminal), February 8, 2019
Quarterly Outfall 023 (Norfolk Southern Pier 6 Terminal), June 17, 2019
Discharge Monitoring Report (Norfolk Southern Pier 6 Terminal), Virginia Department of Environmental Quality, July 3, 2019
VPDES Enforcement Action
Enforcement Action Recommendation (Norfolk Southern Pier 6 Terminal), April 22, 1993
Consent Order (Norfolk Southern Pier 6 Terminal), Virginia Department of Environmental Quality, August 26, 1993
Enforcement Documents for August 1993 Consent Order (Norfolk Southern Pier 6 Terminal), Virginia Department of Environmental Quality, May 8, 2012
Enforcement Recommendation Plan (Norfolk Southern Pier 6 Terminal), December 3, 1996
Enforcement Documents for June 1997 Consent Order (Norfolk Southern Pier 6 Terminal), Virginia Department of Environmental Quality, May 9, 2012
Enforcement Recommendation Plan (Norfolk Southern Pier 6 Terminal), Virginia Department of Environmental Quality, December 17, 1998
Consent Order (Norfolk Southern Pier 6 Terminal), Virginia Department of Environmental Quality, June 17, 1999
Cancellation of Consent Order (June 7, 1997) (Norfolk Southern Pier 6 Terminal), Virginia Department of Environmental Quality, December 20, 1999
VPDES Related Correspondence and Other Records
Permit Re-Issuance (Norfolk Southern Pier 6 Terminal), Virginia State Water Control Board, December 6, 1984
Case Closure Memorandum (Norfolk Southern Pier 6 Terminal), Virginia State Water Control Board, September 5, 1990
Memo from Division of Shellfish Sanitation (Norfolk Southern Pier 6 Terminal), Virginia Department of Health, August 19, 2009
Correspondence about an Incomplete VPDES Permit Application (Norfolk Southern Pier 6 Terminal), Virginia Department of Environmental Quality, August 25, 2009
Topographic Map (Norfolk Southern Pier 6 Terminal), Virginia Department of Environmental Quality, November 10, 2009
Public Notice of Environmental Permit (Norfolk Southern Pier 6 Terminal), Virginia Department of Environmental Quality, May 17, 2010
Telephone Documentation about Stormwater Sampling (Norfolk Southern Pier 6 Terminal), November 12, 2009
Permit Correspondence (Norfolk Southern Pier 6 Terminal), Virginia Department of Environmental Quality, November 16, 2009
Permit Re-Issuance (Norfolk Southern Pier 6 Terminal), Virginia Department of Environmental Quality, May 6, 2010
Delegation of Signature Authority for Norfolk Southern VPDES Permits (Norfolk Southern Pier 6 Terminal), Virginia Department of Environmental Quality, June 11, 2012
Norfolk Southern Change of Address (Norfolk Southern Pier 6 Terminal), Virginia Department of Environmental Quality, December 4, 2012
Notification of VPDES Permit Expiration (Norfolk Southern Pier 6 Terminal), Virginia Department of Environmental Quality, June 13, 2014
Technical and Laboratory Inspection Report (Norfolk Southern Pier 6 Terminal), Virginia Department of Environmental Quality, December 4, 2014
Delegation of Signature Authority for Norfolk Southern VPDES Permits (Norfolk Southern Pier 6 Terminal), Virginia Department of Environmental Quality, April 1, 2015
Initial Comments on VPDES Permit Re-Issuance (Norfolk Southern Pier 6 Terminal), Virginia Department of Environmental Quality, July 24, 2015
Public Notice of Environmental Pan (Norfolk Southern Pier 6 Terminal), August 24, 2015
Correspondence about Re-Issuance of VPDES Permit (Effluent Limitations and Monitoring Requirements) (Norfolk Southern Pier 6 Terminal), Virginia Department of Environmental Quality, September 15, 2015
Plans and Specifications for the Stormwater Collection System (Norfolk Southern Pier 6 Terminal), Virginia Department of Environmental Quality, April 1, 2016
VPDES Correspondence (Four Filtered Grates) (Norfolk Southern Pier 6 Terminal), Virginia Department of Environmental Quality, October 28, 2016
Meeting Minutes, Norfolk Southern and the VA DEQ Water Permits (Norfolk Southern Pier 6 Terminal), Virginia Department of Environmental Quality, October 18, 2016
Outfall 005 TSS Exceedance (Norfolk Southern Pier 6 Terminal), Virginia Department of Environmental Quality, January 9, 2017
Permit Modification (Norfolk Southern Pier 6 Terminal), Virginia Department of Environmental Quality, December 15, 2017
Site Visit for Norfolk Southern Proposed Stormwater Collection and Conveyance Project (Norfolk Southern Pier 6 Terminal), Virginia Department of Environmental Quality, December 18, 2017
Storm Event Sampling Log (Norfolk Southern Pier 6 Terminal), June 5, 2019
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Make an Official Complaint
You can make an official complaint to the VA DEQ Tidewater Office through myDEQ portal or by calling (757) 518-2000.
You can also register a complaint with the U.S Environmental Protection Agency (EPA) Region 3 Office ECHO tool, which allows video and photographic evidence to be uploaded as part of an observed violation.
Note, these websites might change. Voices in the Dust will try to keep this contact information up to date. However, if a link is broken, you can likely find the new page through a web search of the above information.
Sources
- ↑ Authority of the Department of Energy for Coal Surface Mining Operations, 9VAC25-31-940, Code of Virginia.