August 20, 2015

Mr. David Paylor, Director

Virginia Department of Environmental Quality
P.O. Box 1105
Richmond, Virginia 23218
Dr. Marissa Levine, State Health Commissioner
Virginia Department of Health
P.O. Box 2448
Richmond, Virginia 23218-2448

Dear Director Paylor and Commissioner Levine:

Thank you very much for meeting with Senator Marsden, Delegate Surovell, and me, as well as
representatives of the Potomac Riverkeeper Network and the Southern Environmental Law
Center, on July 27th regarding the Possum Point coal ash ponds. We appreciate the candid and
productive discussion, and look forward to working with you toward our mutual goal of acting in
a transparent and timely manner to protect public safety and the environment.
We continue to believe that significant questions have been raised about using Pond D as the
permanent disposal site for coal ash and we encourage DEQ to give excavation and removal
careful consideration for this site. As you know, utilities in other states are successfully
excavating leaking coal ash ponds and removing the ash to modern landfills with synthetic liners.
We note the existence of a rail line in the vicinity of the property that should help facilitate
transportation of the coal ash.
At the end of the meeting, DEQ and VDH agreed to follow up with us regarding a number of
actions and next steps. Below is a summary. Please do not hesitate to reach out to me if this
does not reflect your understanding so that we may discuss further.

Letter to DEQ Director Paylor and State Health Commissioner Levine on Possum Point Coal Ash Ponds
August 20, 2015

Department of Environmental Quality

DEQ will share the scope and timeline for conducting a larger characterization of the
extent of water (ground and surface) and sediment contamination. We understand that
the timing of this effort is in next few weeks or months. Specific questions we have
include:
o Will DEQ require Dominion to conduct additional groundwater sampling from
existing wells?
o Will new groundwater monitoring wells be required?
o Will additional surface water and sediment sampling be conducted? If so, how
will these sites be chosen? Will this effort include sediment and surface water
sampling in the Beaver Pond adjacent to Pond E?
o Will the characterization include sampling of fish tissue and benthic biota?
We would appreciate a written response to Dr. DeFurs sampling report and the
investigation by the Potomac Riverkeeper Network indicating a contaminated discharge
from Pond D directly into Quantico Creek. We request that the response include whether
DEQ agrees that the discharge is illicit, and if so, what steps will be taken to stop the
discharge.
DEQ will share the timeline and process for Dominion to submit a coal ash pond closure
plan to DEQ for approval based on the characterization study. It is our understanding
that the process will include a rigorous public participation element that includes the site
characterization and an opportunity to provide comment on Dominions pond closure
plan. Regarding the closure planning, we have the following initial questions;
o What are Dominions plans for the wastewater in Pond D? Will DEQ allow
Dominion to drain Pond D into Quantico Creek?
o What factors will DEQ use to evaluate the suitability of Pond D as a permanent
disposal site for the Possum Point coal ash?
o Will closure be carried out pursuant to wastewater or solid waste permitting
requirements?

Department of Health
VDH will share the results of Dominions June 2015 sampling of perimeter groundwater
monitoring wells, located nearest to the homes along Quantico Creek and Possum Point
Road.
VDH will act on the results accordingly and report on the decision process used for
whether to offer testing of private drinking water wells. We would request a briefing on
the outcome of this process and what pollutants will be sampled in drinking water wells
assuming VDH offers to conduct sampling for these residents.
In addition to the above, it is our understanding that DEQ believes it has the necessary authority
under existing state law and regulations to go above and beyond federal regulations provided that
the need is supported by the scientific evidence. Should DEQ find that additional legislative
authority is required to take actions necessary to protect public health and the environment, we
would request a specific briefing on issues and options available to the General Assembly.

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Letter to DEQ Director Paylor and State Health Commissioner Levine on Possum Point Coal Ash Ponds
August 20, 2015

We look forward to your response and stand ready to assist in any way possible. Please do not
hesitate to contact us if you have any questions in the meanwhile.

Sincerely

David L. Bulova
House of Delegates
37th District

Cc:

Page 3

Scott A. Surovell
House of Delegates
44th District

Hon. Molly Ward, Secretary of Natural Resources

David W. Marsden
Senate of Virginia
37th District