Water Permits

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Why this Information Is Important: Dominion Terminal Associates, Kinder Morgan Bulk Terminals, and Norfolk Southern’s Pier 6 Terminal all have water permits that limit what pollutants they can release into the James and Elizabeth Rivers, how they must treat contaminated water, and how enforcement works. These permits, issued through Virginia’s VPDES program under the Clean Water Act, are renewed every five years and include monitoring reports, inspections, and compliance requirements. Use this information to track each terminal's pollution limits, see whether they follow the rules, and push for stronger protections.

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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.

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 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)

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.

Permit Applications

VPDES Permit Fact Sheets

VPDES Related Correspondence and Other Records

Massey Terminal (VA0057142)

VPDES Permit Fact Sheets

Kinder Morgan Bulk Terminals (VA0057142)

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.

Permit Applications

VPDES Permit Fact Sheets

VPDES Related Correspondence and Other Records

Norfolk Southern Pier 6 Terminal (VA0003409)

Permit Applications

VPDES Discharge Monitoring Reports

VPDES Enforcement Action

VPDES Related Correspondence and Other Records

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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

  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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