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Don’t eat the fish: Push to study toxins in local waters

Quillback carpsucker. Flathead catfish. Gizzard shad. American eel. Carp. If you catch one of these in the James River, you’re better off throwing it back in.

Danny Hodge, a visiting fisherman recently stationed on the James, did just that when he says he reeled in a 20-pound catfish last month.

“I wouldn’t eat none of them,” he says, standing on the riverbank in Scottsville. With a tackle box to his left and a fishing pole gripped in his right hand, he says the warning signs about contaminated fish (there’s no threat to swimmers) posted around the river worry him.

Locally, those five species are most likely to be contaminated with high levels of polychlorinated biphenyls—or PCBs—according to signs posted by the Virginia Department of Health at James River public access locations.

PCBs, a known carcinogen, are a group of man-made chemicals that consist of 209 individual compounds and were once used as coolants and lubricants in transformers and other electrical equipment. Though the federal government banned their production in 1977, their legacy remains.

Chris French, a former Virginia Department of Environmental Quality employee and a current member of the Chesapeake Bay Program’s toxic contaminants group, says PCBs are still entering waterways from old, remediated sites that haven’t been cleaned up, and also from burning waste oils.

When PCBs wash into a body of water, they settle into vegetation, which travels up the food chain when a big fish eats a smaller one. The highest levels of the toxins are found in the most predatory fish, such as catfish.

Bob Peyer, another out-of-towner, sat in his jacked-up black truck while he looked out over the water. “Never eat the catfish,” he warns, and mentions the PCB levels in his home state of Wisconsin, where the Fox River is so toxic that those studying it suit up in protective gear and respirators before wading in.

How much exposure is too much?

“Oddly enough, it really varies from state to state as to what the acceptable level of ingestion is,” says Pat Calvert, a James River Association riverkeeper. For at least six years, he says, the DEQ has been working to set a total maximum daily load of PCBs and a pollution diet for the river. Without establishing those numbers, it’s hard to initiate cleanup efforts.

“I would like to see the DEQ step up and prioritize setting the [total maximum daily load] for the James River,” Calvert says, but progress has been slow. In the past, he’s volunteered to post warning signs, like the one Hodge saw, to raise awareness for the issue—and because the Virginia Department of Health is required to post them at all public access points, though many sites are missed.

“Over the last 10 years or so, science has indicated that PCBs can also mimic hormones in various animals and people,” French says, and the endocrine disruptors could cause developmental concerns. He believes more studies on the actual effects of PCBs need to be commissioned, and existing ones need to be updated with new technologies to better reflect their current status.

“It could be a bigger issue than we realize, or not as much of an issue as we once believed,” French says. “We really have no way of knowing until we have updated and current, relevant data.”

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Riverkeeper pleased with coal ash settlement

Charlottesville’s Southern Environmental Law Center, representing the James River Association, reached a settlement with Dominion on the utility’s plans to dump coal ash wastewater from the Bremo Power Station in Fluvanna. A local riverkeeper says new standards will protect human and aquatic life.

The deal between the groups, which will be enforceable by law, requires Dominion to go beyond the Department of Environmental Quality’s expectations, enhance the treatment of the pond water and to monitor the river’s fish. The SELC, in turn, will not appeal the wastewater permit issued to the Bremo Power Station.

“We had to act,” says Pat Calvert, a James River Association riverkeeper who is trained to monitor river water for pollution. The DEQ had already issued Dominion a permit to dump the wastewater and a crew is currently setting up the required systems at the power plant. “It was coming down to the wire for us.”

While Dominion’s permit allows a high concentration of metals in coal ash—arsenic, chromium, lead and cadmium—to be dumped, Calvert says the SELC was able to create a plan that wouldn’t require changing the permit, but would obligate the power company to follow guidelines set in an engineering plan and install better technology.

According to the Clean Water Act, companies treating water must use the best available technology.

“It’s DEQ’s responsibility to ensure protective permits and that didn’t happen,” Calvert says, adding that the Potomac Riverkeeper Network, which is also represented by the SELC, is still working to reach a similar settlement with Dominion for the power plant at Possum Point.

“DEQ’s weak permits compel us to fight for strong, enforceable limits that require Dominion to treat its coal ash waste with the best available technology,” SELC senior attorney Greg Buppert said in a statement. “We cannot only rely on Dominion to police itself at Possum Point. That means seeking a court order for the Potomac River to require the removal of enough arsenic and toxic metals to protect the river ecology and public health.”

The written statement says Dominion’s own records show that coal ash pits at Possum Point have leaked toxins into the groundwater and public waterways for over 30 years.

But at the James, Calvert says locals can rest easy knowing that “people who fish, swim and play in the water are going to be protected.”

“We are pleased that this agreement with the James River Association allows us to move ahead with this important environmental project,” said Pam Faggert, chief environmental officer for Dominion in a joint statement between both groups that was released after the settlement. “The James River Association has helped us create a plan that reflects the commitment of both of our organizations to maintain the quality of the James River.”

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Honorable discharge: Will toxic water be dumped in the James?

Environmental groups and concerned citizens worry that Dominion’s intentions to dump millions of gallons of wastewater per day into the James River won’t go swimmingly.

Alleging that the wastewater potentially being discharged from a Fluvanna County power station will contain coal ash and toxic metals, some are worried about the environmental impacts on the river in which many swim, fish and boat.

The Department of Environmental Quality has issued the permit, but is allowing comments from the public until December 14.

“I will certainly not swim in those waters,” Pat Calvert, a riverkeeper with the James River Association and longtime boater says, if the DEQ permanently allows Dominion’s proposed permit. It’s his job to keep the river clean, and he says it’s his intention to protect water quality and river integrity.

Calvert says millions of Virginians rely on the river for drinking water, recreation and economic value. Various levels of danger are associated with each chemical present in the coal ash wastewater—lead, arsenic, mercury, selenium, boron and thallium—that could be dumped and, though the DEQ will require the chemicals to be diluted and present below certain levels, he says most of the contaminants are heavy metals with varying levels of toxicity, radioactivity and potential for damage to water quality and human and aquatic health.

“Those who may ingest or be exposed to discharged wastewater could be affected by these substances, particularly while they are less diluted and in higher concentrations,” he says. “Fishing could be affected through the effect on the game fish and the forage.”

The wastewater in question will be discharged from the Bremo Power Station in Fluvanna. Last April, Dominion announced it would close its coal ash ponds at four sites, including one at Bremo, but critics say the power company basically closed the ponds by covering them up and allowing the pollution to continue indefinitely. Now the water needs to be removed.

A DEQ employee says he’s aware of the concerns, but says some people don’t understand exactly what his organization aims to permit.

“We’re not authorizing Dominion to dump coal ash into the James River,” says Brandon Kiracofe, the water permits and compliance manager for the DEQ’s Valley Regional Office. He says controlled discharged wastewater flowing from an outfall pipe will be diluted at high enough levels that none of the chemicals present in the water will be dangerous. The DEQ will monitor the water before it’s discharged, he says, to make sure levels of chemicals in the water don’t surpass the limits that are set.

Dominion spokesperson Dan Genest says as soon as the permit is issued, the company will start building two treatment facilities on the property, and all wastewater will be treated before it’s discharged.

“We commend them for caring about the James River,” he says about the activists trying to shut the project down. “But we all share the same goal—to make sure the discharges do not have any effect on the James River.”

Public comments can be e-mailed to Beverley Carver at beverley.carver@deq.virginia.gov.

Updated November 9: The original story misstated the e-mail address to which comments should be sent.