RD141 - Report of the State Water Commission - 2015


Executive Summary:
The State Water Commission met two times during 2014. At its initial meeting on June 23, 2014, the Commission received presentations on Virginia coal ash policies. Because of a discharge of coal ash into the Dan River on February from a broken stormwater pipe at a Duke Energy facility in North Carolina, the Commission requested a status report from state agency officials with responsibility for responding to the incident. Officials with the Department of Environmental Quality, the State Health Department, and the Department of Conservation and Recreation described their agency’s role in mitigating the impact of the spill in the Virginia portion of the Dan River. Virginia’s actions will include monthly monitoring of water quality and sediment in the river, the development of a long-term strategy for phasing out such coal ash impoundments located in Virginia, and the posting of health and fish consumption of advisories.

During the 2014 Session, legislation (SB 671) was introduced that required all electric generation stations seeking a Virginia Water Protection Permit to estimate the quantity of water that would be withdrawn and consumed for the life cycle of the fuel used by the proposed generating facility. Although the legislation failed in the Senate Committee on Agriculture, Conservation and Natural Resources, the Committee’s chairman requested that the Commission review the bill. Proponents of the legislation appeared before the Commission and testified that it is sound public policy for utilities to fully report all water uses related to meeting the variety of energy needs and that such information should be an important factor in determining whether to approve the operation of an energy facility. They questioned whether the information currently required for the issuance of a permit is adequate in order for the Department of Environmental Quality (DEQ) to make a fully informed decision. The Department responded by noting that its role in managing water resources is to determine the individual and cumulative impact of existing and proposed water use through “cumulative impact analysis.” David Paylor, Director of DEQ emphasized the information required by the Virginia Water Protection program is sufficient to make informed management decisions.

Over the last several years, the Commission has reviewed the ground water situation in Eastern Virginia. This year it examined strategies aimed at ensuring the long-term sustainability of the ground water resources in the region. The DEQ is implementing a short-term strategy that would require the largest users of ground water to significantly reduce the amount of ground water they withdraw, while developing longer-term strategies in cooperation with various stakeholder groups. The Department's reduction strategy has been criticized by many in the business and industrial sectors as a short-term strategy that doesn’t adequately address the preservation of the resources and will result in negative impacts on the business community. They suggest the adoption of a longer-term policy that focuses on the long-term sustainability of ground water with an emphasis placed on regional cooperation.

The General Assembly, by appropriating a significant amount of general fund moneys, has made a commitment to restore the water quality of the Chesapeake Bay. The Commission received testimony from the author of a study analyzing the benefits of a clean Bay to the economy of Virginia and the other states in the Bay watershed. If the blueprint for cleaning up the Bay is fully implemented, Virginia will realize annual benefits to its economy of $8.3 billion.

While the Commission made no legislative recommendations, it will continue to examine the long-term policy options for ensuring the sustainability of the ground water in Eastern Virginia.