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

Page 2

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. DeFur’s 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 Dominion’s pond closure

plan. Regarding the closure planning, we have the following initial questions;

o What are Dominion’s 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 Dominion’s 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.

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

Page 3

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 Scott A. Surovell David W. Marsden

House of Delegates House of Delegates Senate of Virginia

37th District 44th District 37th District

Cc: Hon. Molly Ward, Secretary of Natural Resources