Citizen Suit Enforcement / Clean Water Act: Environmental Organizations Alleged Violations by Virginia Public Owned Treatment Works | Mitchell, Williams, Selig, Gates & Woodyard, PLLC

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The Chesapeake Bay Foundation, Inc. and the James River Association (collectively “Chesapeake”) filed a December 6 citizen lawsuit under the Clean Water Act (“complaint”) in the United States for the Eastern District of Virginia against Henrico County, Va. (“Henrico”) alleging violations of a Virginia Pollution Discharge Elimination System (“VPDES”) permit.

The VPDES helps establish the effluent load and concentrations that are reported to include:

Biological Carbon Oxygen Demand (“CBD”) in Total Suspended Matter (“TSS”)

Henrico operates a public processing plant (“POTW”) in Henrico, Virginia. The POTW discharges sewage into the James River. POTW is believed to receive residential, commercial and industrial pollution from all or more parts of three counties and the City of Richmond.

The complaint alleges that the Henrico POTW exceeded the discharge limits imposed by the VPDES permit for the pollutants TSS and CBOD. He also alleges illegal sanitary sewer overflows (“SSO”) resulting from the operation of Henrico.

The complaint refers to four prior consent orders with the Virginia Department of Environmental Quality regarding sewage discharges.

The complaint calls for declaratory and injunctive relief, the assessment of civil penalties and other appropriate action against Henrico for alleged violations of the Clean Water Act.

A copy of the complaint can be downloaded here.

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