For Release: Oct. 12, 2006
Contact: J. Tucker Martin or David Clementson
Email: jtmartin@oag.state.va.us or dclementson@oag.state.va.us
Phone: 804-786-2071
McDonnell Files Complaint to Stop Pollution of Virginia Waterway
S.I.L Clean Water, LLC Accused of Polluting North Fork Shenandoah River
RICHMOND - Attorney General Bob McDonnell announced today that he has filed a legal action in The Circuit Court of Rockingham County on behalf of the Department of Environmental Quality, and the State Water Control Board, against S.I.L. Clean Water, LLC (SIL) located in Rockingham County. The Rockingham County Board of Supervisors also requested that the Commonwealth intervene due to the environmental consequences of SIL’s actions.
SIL owns and operates the North Fork Modular Reclamation and Reuse Facility on U.S. Route 211, just east of Timberville. The complaint is in reaction to SIL repeatedly violating limitations on what it discharges in the North Fork Shenandoah River. The North Fork Shenandoah River merges with the South Fork Shenandoah River to form the Shenandoah River, which empties into the Potomac, which ends in the Chesapeake Bay.
Speaking about the complaint, Attorney General McDonnell remarked, “We have an obligation to protect and preserve Virginia’s environment. Virginia is a place where commerce and conservation exist together in harmony. When a company consistently breaks the rules and pollutes the environment, that partnership is violated, and action must be taken. We have instituted this litigation to bring this facility into compliance.”
State Sen. Mark Obenshain (R-Harrisonburg) noted, “Recent fish kills have renewed concerns about water quality in the Shenandoah River. We need to pursue this type of enforcement action before adding expensive new burdens on Virginia’s farms.”
The complaint alleges the following:
“As reported in its Discharge Monitoring Reports submitted to the Board, SIL has violated the discharge limitations in the Permit as to total phosphorus, total nitrogen, ammonia, fecal coliform, biochemical oxygen demand, and total suspended solids. As well, SIL has caused or permitted overflows of raw or partially treated waste to the North Fork Shenandoah River in violation of the Permit and State Water Control Law. Moreover, SIL has violated the limitations in the Permit regarding land application as to phosphorous pentoxide and plant available nitrogen, as well as various requirements regarding reporting and irrigation practices.”
The complaint further alleges that SIL exceeded the limit for nitrogen and total phosphorous discharges by over 800% in 2005 and over 200% in 2004.
In the complaint the Commonwealth asks for the following relief:
