MVP Pipeline Should be Accountable for Water Quality Violations

by Diana Gooding on July 17, 2019

Runoff and sediment enters WV stream from pipeline construction activities, poor planning, steep slopes, land slides, storm water, etc.

Action Alert: Tell WVDEP to Hold the Mountain Valley Pipeline Accountable for Water Quality Violations

FROM the West Virginia Rivers Coalition, July 1, 2019

PHOTO: Sediment flowing into Indian Creek in Monroe County, WV.

The Mountain Valley Pipeline (MVP), is a 303-mile project that extends across 11 counties in West Virginia – Wetzel, Harrison, Doddridge, Lewis, Braxton, Webster, Nicholas, Greenbrier, Fayette, Summers, and Monroe Counties. MVP was recently fined approximately $266,000 by the WVDEP for repeated water quality violations. The proposed agreement for the fine is now open for public comment.

Comments are due July 18. To: Attn. MVP Consent Order 8951, Email Address: dep.comments@wv.gov

The fine accounts for 26 of the 31 violations WVDEP has issued the company to date. The water quality violations are the result of Mountain Valley Pipeline’s failure to implement and maintain sediment controls, which allowed muddy water to impact 33 streams and wetlands.

Contact WVDEP today and tell them to hold MVP accountable for their water quality violations. Request the penalty be increased to account for the severity of impacts and MVP’s repeated negligence and disregard of environmental laws.

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SAMPLE REPLY TO WV-DEP:

I am commenting to request an increase in the penalty for Mountain Valley Pipeline’s Consent Order 8951. The fine DEP issued to Mountain Valley Pipeline (MVP) is not sufficient to deter the company from violating permit conditions in the future.

The company was issued 26 Notices of Violations (NOVs) by DEP in 2018. Additionally, MVP received 2 violations in February of 2019. The Order was dated April 19, 2019 and only accounts for the 26 NOVs in 2018. Because MVP has received 2 additional violations prior to the drafting of this Order, I am requesting that DEP include all 28 NOVs accrued by MVP up to the date of the Order.

MVP has a history of noncompliance and they should be penalized for their blatant disregard for environmental regulations during construction. DEP has the authority to increase the penalty for their history of noncompliance by 10% for each NOV up to 100%. MVP’s noncompliance history includes 28 violations. With this number of previous NOVs, I encourage DEP to increase the penalty 100%.

MVP’s negligent construction practices impacted 33 streams and wetlands resulting in sediment or sediment laden water entering the streams. These water quality violations created conditions not allowable in waters of the State. The impacts to streams should not be tolerated and should receive the highest penalty! I urge DEP to calculate the penalty so that all water quality violations are rated as Major for the Potential for Harm Factors for both the Sensitivity of the Environment Potentially Affected and Actual Human/Environmental Exposure and Resulting Effects Thereon Factors.

Thank you for taking these comments into consideration.

Comments are due July 18. To: Attn. MVP Consent Order 8951, Email Address: dep.comments@wv.gov

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