Water Permits

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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.

Dominion Terminal Associates
Period Permit Number Activities & Primary Requirements Fact Sheet Permit Updates
2021–2026 VA0057576 Dominion Terminal Associates must adhere a Sludge/Solids Management Plan. The permit reconfirmed the closed-loop water recycling/sedimentation system as protective of the James River. Total suspended solids (TSS) and pH standards continue. All Discharge Monitoring Reports (DMRs) to be submitted via the EPA's electronic NetDMR system.
2016–2021 VA0057576 Dominion Terminal Associates is claimed to be successful at reusing water from its sedimentation ponds for its wet dust suppression system. VA DEQ determined Dominion Terminal Associates' discharge did not significantly harm aquatic life and shellfish in the James River. VA DEQ determined TSS monitoring limits were successful in preventing coal silt pollution into the James River.
2011–2016 VA0057576 Water is managed through three sedimentation ponds with a capacity of 12.3 million gallons that are lined with 40-mil high-density polyethylene (HDPE) to prevent coal-contaminated water from seeping into groundwater. A location named "Outfall 001" remains the only permitted discharge point into the James River. Integration of the Chesapeake Bay Total Maximum Daily Load (TMDL) requirements. Maintained strict Total Suspended Solids limits and continud Annual Acute Toxicity testing.
2006–2011 VA0057576 Water is managed through a new (2007) Operations and Maintenance Manual, which outlines the use of three storage pools to protect water quality.[2] The James River segment was noted impaired for Aquatic Life and Shellfish Use, requiring DEQ to ensure DTA's discharge did not further contribute. Requirement for Annual Acute Toxicity Testing. DEQ required screening for specific metals (Copper, ZInc, Lead, and Silver).
2001–2006 VA0057576 The water discharge consists of stormwater runoff from the coal staging piles and process areas. This runoff is directed using a ditch into a lined sedimentation pond, which required a Stormwater Prevention Plan (SWPPP). The pH limits of effluent are 6.0–9.0. TSS are limited to a maximum of 50 mg/L and an average of 30 mg/L. The VA DEQ required whole effluent toxicity (WET) testing, and, for the first time, total phosphorus monitoring.
Kinder Morgan Bulk Terminal Permit
Period Permit Number Activities & Primary Requirements Fact Sheet Permit Updates
2016–2021 VA0057142 A "sluice gate" was installed to better control flow from the drainage ditch to the retention pond. Monitoring of flow, pH, and Total Suspended Solids (TSS) increased to once a month. Total Nitrogen and Phosphorus monitoring added. Total Petroleum Hydrocarbons (TPH) monitoring removed.
2011–2016 VA0057142 High-capacity drainage management, requires major O&M manual revisions (2011/2013). Monitoring for nitrogen, Total Petroleum Hydrocarbons (TPH), and phosphorus was reduced to once per year.
2006–2011 VA0057142 Transition of site drainage maps (2010) to improve sedimentation capture. Minor modification for Storm Water Screening criteria. Adds specific screening for pollutants, such as copper and zinc.
2001–2006 VA0057142 Key operational practices include water recycling, pollution prevention, and Storm Water Pollution Prevention Plan (SWPPP). Effluent limits were made for pH to stay between 6.0 and 9.0. Total suspended solids (TSS) is limited to a maximum of 50 mg/L.

Enforcement

Permit compliance is enforced through scheduled routine inspections and inspections in response to residents' complaints to the VA DEQ. Routine inspection reports and inspections in response to residents' complaints are archived separately.

Water Quality Compliance and Testing

Under the National Pollutant Discharge Elimination System (NPDES), water quality is monitored through a combination of state-level oversight and facility self-reporting. While the EPA maintains general authority, Virginia is one of the states authorized to implement its own program via the VA DEQ.

Compliance is ensured through three primary mechanisms:

  • Routine Inspections: Periodic on-site evaluations conducted by the VA DEQ.
  • Complaint-Based Testing: Targeted inspections triggered by community reports of pollution.
  • Discharge Monitoring Reports (DMRs): Regular data submissions required directly from the facilities.

Sampling & Analytical Methods

To ensure accuracy, 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. This is the Dominion Terminal Associates (DTA) tiered system designed to prevent coal-contaminated water from reaching the James River.

1) Primary Collection and Sedimentation

  • All runoff from the coal storage piles and the machinery areas is funneled into Pond 1 and 3.
  • Large particles and heavy coal dust are able to sink to the bottom.

2) Clarification

  • Five on-site groundwater wells pump water into Pond 2 from Pond 1 and 3 on an as needed basis.

3) Recycling Pool

  • Water from Pond 2 is pumped back up to the coal piles and used for dust suppression (spraying the coal to keep it from blowing away).

Kinder Morgan (Pier IX) utilizes similar physical infrastructure with runoff captured in a concrete-lined perimeter ditch system. The water is then treated in a lined-batch sedimentation pond to be recycled for the "rainbird" spray system for dust suppression.

Documents

Dominion Terminal Associates (VA0057576)

Permit Applications

VPDES Permit Fact Sheets

VPDES Related Correspondence and Other Records

Massey Terminal (VA0057142)

VPDES Permit Fact Sheets

Kinder Morgan Bulk Terminals (VA0057142)

Permit Applications

VPDES Permit Fact Sheets

VPDES Related Correspondence and Other Records

Norfolk Southern Railway Company - Lamberts Point Terminal (VA0003409)

VPDES Related Correspondence and Other Records

Enforcement Action

Discharge Monitoring Reports

References

  1. ↑ Authority of the Department of Energy for Coal Surface Mining Operations, 9VAC25-31-940, Code of Virginia.
  2. ↑ Operations and Maintenance Manual, Dominion Terminal Associates, 2007
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