Public comment period open for solar company’s alleged DEQ violations in Buckingham

A company that has installed solar fields across Virginia including Buckingham County is entering into a second consent order with the Department of Environmental Quality due to multiple violations of the State Water Control Law and permits. 

A consent order is a set of legally-binding corrective actions that an entity agrees to take if they have broken the terms of a permit. The DEQ and Energix EPC had previously entered into one of these last May for violations at sites in Henry County, Sussex County, Wythe County, and Buckingham County.

In the latter, the DEQ extended authority from an existing stormwater permit to Energix in August 2020.

“The 2019 Permit allows Energix to discharge stormwater associated with construction activities from Site 6 to Buffalo Creek and Payne Creek unnamed tributary, in strict compliance with the terms and conditions of the 2019 Permit,” reads page 7 of the second consent order. 

Inspections last May and July found that a stormwater basin was turning into a pond and was not properly stabilized. A consent order was issued for that as well as violations at other Energix sites. Another inspection in December turned up several other violations of the State Water Control Law, a law intended to prevent excess sediment entering the watershed. That can seriously damage water quality and aquatic life. 

The consent order lays out several steps that need to be taken to be compliant and also requires a civil charge of $158,000 to be paid to the Commonwealth of Virginia.  Members of the public can comment between now and June 21. (view the consent order)

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